Bill Text: NY S00474 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to appeals of parole determination, including parole release interviews, parole decisions by the board and petitions regarding release decisions.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S00474 Detail]

Download: New_York-2023-S00474-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           474

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 4, 2023
                                       ___________

        Introduced  by Sens. SEPULVEDA, SALAZAR -- read twice and ordered print-
          ed, and when printed  to  be  committed  to  the  Committee  on  Crime
          Victims, Crime and Correction

        AN  ACT  to  amend  the  executive law, in relation to appeals of parole
          determination

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (a) and (b) of subdivision 4 of section 259-i of
     2  the  executive  law, paragraph (a) as amended by section 11 of part E of
     3  chapter 62 of the laws of 2003 and paragraph (b) as amended  by  chapter
     4  322 of the laws of 2021, are amended to read as follows:
     5    (a)  Except  for  determinations  made  upon preliminary hearings upon
     6  allegations of violation of  presumptive  release,  parole,  conditional
     7  release or post-release supervision, all determinations made pursuant to
     8  this section may be appealed in accordance with rules promulgated by the
     9  board  except  that a decision by the board denying parole release shall
    10  be a final decision for the purposes of  article  seventy-eight  of  the
    11  civil  practice law and rules.  Any board member who participated in the
    12  decision from which the appeal is  taken  may  not  participate  in  the
    13  resolution  of  that  appeal.  The rules of the board may specify a time
    14  within which any appeal shall be taken and resolved.
    15    (b) Upon an appeal [to the] from a board  decision,  the  incarcerated
    16  individual  may  be  represented  by an attorney. Where the incarcerated
    17  individual is financially unable to provide for his or her own attorney,
    18  upon request an attorney shall be assigned pursuant to the provisions of
    19  subparagraph (v) of paragraph (f) of subdivision three of this section.
    20    § 2. Subdivision 5 of section 259-i of the executive law,  as  amended
    21  by chapter 166 of the laws of 1991, is amended to read as follows:
    22    5. Actions of the board. Any action by the board or by a hearing offi-
    23  cer  pursuant  to  this  article shall be deemed a judicial function and
    24  shall not be reviewable if done in accordance with law except that  upon

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01601-01-3
        S. 474                              2

     1  an  appropriate  petition  the  court may consider a release decision de
     2  novo. The court may in its own discretion require an appearance  by  the
     3  petitioner.  The  court may affirm the decision of the board, modify the
     4  decision,  order a de novo interview for reconsideration by the board or
     5  provide a release date for the petitioner.
     6    § 3. Subparagraph (i) of paragraph (a) of  subdivision  6  of  section
     7  259-i  of  the  executive  law, as amended by chapter 322 of the laws of
     8  2021, is amended to read as follows:
     9    (i) The board shall provide for the making of  a  verbatim  record  of
    10  each  parole  release  interview  within  thirty days of such interview,
    11  except where a decision is made to release the  incarcerated  individual
    12  to  parole  supervision, and each preliminary and final revocation hear-
    13  ing, except when the decision of the presiding officer after such  hear-
    14  ings  result  in a dismissal of all charged violations of parole, condi-
    15  tional release or post release supervision.  An  audio  recording  shall
    16  also be made of each parole release interview in its entirety. All docu-
    17  ments submitted to the board shall be included in the hearing record for
    18  purposes of appeal.
    19    § 4. This act shall take effect on the one hundred eightieth day after
    20  it shall have become a law.