Bill Text: NY A03900 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the right to counsel at parole hearings.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A03900 Detail]
Download: New_York-2019-A03900-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3900 2019-2020 Regular Sessions IN ASSEMBLY January 31, 2019 ___________ Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Correction AN ACT to amend the executive law, in relation to the right to counsel at parole hearings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 2 of 2 section 259-i of the executive law, as amended by section 38-f1 of 3 subpart A of part C of chapter 62 of the laws of 2011, is amended to 4 read as follows: 5 (i) Except as provided in subparagraph (ii) of this paragraph, at 6 least one month prior to the date on which an inmate may be paroled 7 pursuant to subdivision one of section 70.40 of the penal law, a member 8 or members as determined by the rules of the board shall personally 9 interview such inmate and determine whether he should be paroled in 10 accordance with the guidelines adopted pursuant to subdivision four of 11 section two hundred fifty-nine-c of this article. Such inmate may be 12 represented by an attorney at such interview. Where the inmate is finan- 13 cially unable to provide for his own attorney, upon request an attorney 14 shall be assigned pursuant to the provisions of subparagraph (v) of 15 paragraph (f) of subdivision three of this section. If parole is not 16 granted upon such review, the inmate shall be informed in writing within 17 two weeks of such appearance of the factors and reasons for such denial 18 of parole. Such reasons shall be given in detail and not in conclusory 19 terms. The board shall specify a date not more than twenty-four months 20 from such determination for reconsideration, and the procedures to be 21 followed upon reconsideration shall be the same. If the inmate is 22 released, he shall be given a copy of the conditions of parole. Such 23 conditions shall where appropriate, include a requirement that the paro- 24 lee comply with any restitution order, mandatory surcharge, sex offender 25 registration fee and DNA databank fee previously imposed by a court of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08561-01-9A. 3900 2 1 competent jurisdiction that applies to the parolee. The conditions shall 2 indicate which restitution collection agency established under subdivi- 3 sion eight of section 420.10 of the criminal procedure law, shall be 4 responsible for collection of restitution, mandatory surcharge, sex 5 offender registration fees and DNA databank fees as provided for in 6 section 60.35 of the penal law and section eighteen hundred nine of the 7 vehicle and traffic law. 8 § 2. Paragraph (a) of subdivision 2 of section 259-i of the executive 9 law, as amended by section 38-f2 of subpart A of part C of chapter 62 of 10 the laws of 2011, is amended to read as follows: 11 (a) At least one month prior to the expiration of the minimum period 12 or periods of imprisonment fixed by the court or board, a member or 13 members as determined by the rules of the board shall personally inter- 14 view an inmate serving an indeterminate sentence and determine whether 15 he should be paroled at the expiration of the minimum period or periods 16 in accordance with the procedures adopted pursuant to subdivision four 17 of section two hundred fifty-nine-c of this article. Such inmate may be 18 represented by an attorney at such interview. Where the inmate is 19 financially unable to provide for his own attorney, upon request an 20 attorney shall be assigned pursuant to the provisions of subparagraph 21 (v) of paragraph (f) of subdivision three of this section. If parole is 22 not granted upon such review, the inmate shall be informed in writing 23 within two weeks of such appearance of the factors and reasons for such 24 denial of parole. Such reasons shall be given in detail and not in 25 conclusory terms. The board shall specify a date not more than twenty- 26 four months from such determination for reconsideration, and the proce- 27 dures to be followed upon reconsideration shall be the same. If the 28 inmate is released, he shall be given a copy of the conditions of 29 parole. Such conditions shall where appropriate, include a requirement 30 that the parolee comply with any restitution order and mandatory 31 surcharge previously imposed by a court of competent jurisdiction that 32 applies to the parolee. The conditions shall indicate which restitution 33 collection agency established under subdivision eight of section 420.10 34 of the criminal procedure law, shall be responsible for collection of 35 restitution and mandatory surcharge as provided for in section 60.35 of 36 the penal law and section eighteen hundred nine of the vehicle and traf- 37 fic law. 38 § 3. This act shall take effect one year after it shall have become a 39 law; provided that the amendments to paragraph (a) of subdivision two of 40 section 259-i of the executive law made by section one of this act shall 41 be subject to the expiration and reversion of such paragraph pursuant to 42 subdivision d of section 74 of chapter 3 of the laws of 1995, as 43 amended, when upon such date the provisions of section two of this act 44 shall take effect.
