§ 259-c. State board of parole; functions, powers and duties. The
state board of parole shall: * 1. have the power and duty of determining
which incarcerated individuals serving an indeterminate or determinate
sentence of imprisonment may be released on parole, or on medical parole
pursuant to section two hundred fifty-nine-r or section two hundred
fifty-nine-s of this article, and when and under what conditions;

* NB Effective until September 1, 2025

* 1. have the power and duty of determining which incarcerated
individuals serving an indeterminate sentence of imprisonment may be
released on parole, or on medical parole pursuant to section two hundred
fifty-nine-r of this article, and when and under what conditions;

* NB Effective September 1, 2025

* 2. have the power and duty of determining the conditions of release
of the person who may be presumptively released, conditionally released
or subject to a period of post-release supervision under an
indeterminate or determinate sentence of imprisonment;

* NB Effective until September 1, 2025

* 2. have the power and duty of determining the conditions of release
of the person who may be conditionally released or subject to a period
of post-release supervision under an indeterminate or reformatory
sentence of imprisonment and of determining which incarcerated
individuals serving a definite sentence of imprisonment may be
conditionally released and when and under what conditions;

* NB Effective September 1, 2025

3. determine, as each incarcerated individual is received by the
department, the need for further investigation of the background of such
incarcerated individual. Upon such determination, the department shall
cause such investigation as may be necessary to be made as soon as
practicable, the results of such investigation together with all other
information compiled by the department and the complete criminal record
and family court record of such incarcerated individual to be filed so
as to be readily available when the parole of such incarcerated
individual is being considered;

4. establish written procedures for its use in making parole decisions
as required by law. Such written procedures shall incorporate risk and
needs principles to measure the rehabilitation of persons appearing
before the board, the likelihood of success of such persons upon
release, and assist members of the state board of parole in determining
which incarcerated individuals may be released to parole supervision;

5. through its members, officers and employees, study or cause to be
studied the incarcerated individuals confined in institutions over which
the board has jurisdiction, so as to determine their ultimate fitness to
be paroled;

6. have the power to revoke the community supervision status of any
person and to authorize the issuance of a warrant for the re-taking of
such persons;

8. have the power and perform the duty, when requested by the
governor, of reporting to the governor the facts, circumstances,
criminal records and social, physical, mental and psychiatric conditions
and histories of incarcerated individuals under consideration by the
governor for pardon or commutation of sentence and of applicants for
restoration of the rights of citizenship;

9. for the purpose of any investigation in the performance of duties
made by it or any member thereof, have the power to issue subpoenas, to
compel the attendance of witnesses and the production of books, papers,
and other documents pertinent to the subject of its inquiry;

10. have the power to authorize any members thereof and hearing
officers to administer oaths and take the testimony of persons under
oath;

11. make rules for the conduct of its work, a copy of such rules and
of any amendments thereto to be filed by the chairman with the secretary
of state;

12. to facilitate the supervision of all incarcerated individuals
released on community supervision the chairman of the state board of
parole shall consider the implementation of a program of graduated
sanctions, including but not limited to the utilization of a risk and
needs assessment instrument that would be administered to all
incarcerated individuals eligible for parole supervision. Such a program
would include various components including the use of alternatives to
incarceration for technical parole violations;

13. transmit a report of the work of the state board of parole for the
preceding calendar year to the governor and the legislature annually.
Such report shall include statistical information regarding the
demographics of persons granted release and considered for release to
community supervision or deportation, including but not limited to age,
gender, race, ethnicity, region of commitment and other relevant
categories of classification and commitment;

14. notwithstanding any other provision of law to the contrary, where
a person serving a sentence for an offense defined in article one
hundred thirty, one hundred thirty-five or two hundred sixty-three of
the penal law or section 255.25, 255.26 or 255.27 of the penal law and
the victim of such offense was under the age of eighteen at the time of
such offense or such person has been designated a level three sex
offender pursuant to subdivision six of section one hundred
sixty-eight-l of the correction law, is released on parole or
conditionally released pursuant to subdivision one or two of this
section, the board shall require, as a mandatory condition of such
release, that such sentenced offender shall refrain from knowingly
entering into or upon any school grounds, as that term is defined in
subdivision fourteen of section 220.00 of the penal law, or any other
facility or institution primarily used for the care or treatment of
persons under the age of eighteen while one or more of such persons
under the age of eighteen are present, provided however, that when such
sentenced offender is a registered student or participant or an employee
of such facility or institution or entity contracting therewith or has a
family member enrolled in such facility or institution, such sentenced
offender may, with the written authorization of his or her parole
officer and the superintendent or chief administrator of such facility,
institution or grounds, enter such facility, institution or upon such
grounds for the limited purposes authorized by the parole officer and
superintendent or chief officer. Nothing in this subdivision shall be
construed as restricting any lawful condition of supervision that may be
imposed on such sentenced offender.

15. Notwithstanding any other provision of law to the contrary, where
a person is serving a sentence for an offense for which registration as
a sex offender is required pursuant to subdivision two or three of
section one hundred sixty-eight-a of the correction law, and the victim
of such offense was under the age of eighteen at the time of such
offense or such person has been designated a level three sex offender
pursuant to subdivision six of section one hundred sixty-eight-l of the
correction law or the internet was used to facilitate the commission of
the crime, is released on parole or conditionally released pursuant to
subdivision one or two of this section, the board shall require, as
mandatory conditions of such release, that such sentenced offender shall
be prohibited from using the internet to access pornographic material,
access a commercial social networking website, communicate with other
individuals or groups for the purpose of promoting sexual relations with
persons under the age of eighteen, and communicate with a person under
the age of eighteen when such offender is over the age of eighteen,
provided that the board may permit an offender to use the internet to
communicate with a person under the age of eighteen when such offender
is the parent of a minor child and is not otherwise prohibited from
communicating with such child. Nothing in this subdivision shall be
construed as restricting any other lawful condition of supervision that
may be imposed on such sentenced offender. As used in this subdivision,
a "commercial social networking website" shall mean any business,
organization or other entity operating a website that permits persons
under eighteen years of age to be registered users for the purpose of
establishing personal relationships with other users, where such persons
under eighteen years of age may: (i) create web pages or profiles that
provide information about themselves where such web pages or profiles
are available to the public or to other users; (ii) engage in direct or
real time communication with other users, such as a chat room or instant
messenger; and (iii) communicate with persons over eighteen years of
age; provided, however, that, for purposes of this subdivision, a
commercial social networking website shall not include a website that
permits users to engage in such other activities as are not enumerated
herein.

15-a. Notwithstanding any other provision of law, where a person is
serving a sentence for a violation of section 120.03, 120.04, 120.04-a,
125.12, 125.13 or 125.14 of the penal law, or a felony as defined in
paragraph (c) of subdivision one of section eleven hundred ninety-three
of the vehicle and traffic law, if such person is released on parole or
conditional release the board shall require as a mandatory condition of
such release, that such person install and maintain, in accordance with
the provisions of section eleven hundred ninety-eight of the vehicle and
traffic law, an ignition interlock device in any motor vehicle owned or
operated by such person during the term of such parole or conditional
release for such crime. Provided further, however, the board may not
otherwise authorize the operation of a motor vehicle by any person whose
license or privilege to operate a motor vehicle has been revoked
pursuant to the provisions of the vehicle and traffic law.

16. determine which incarcerated individuals serving a definite
sentence of imprisonment may be conditionally released from an
institution in which he or she is confined in accordance with
subdivision two of section 70.40 of the penal law.

17. within amounts appropriated, appoint attorneys to serve as its
legal advisors. Such attorneys shall report directly to the board,
provided, however, that administrative matters of general applicability
within the department shall be applicable to such attorneys.