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A03900 Summary:

BILL NOA03900
 
SAME ASNo Same As
 
SPONSORWeprin
 
COSPNSRWalker, Colton, Blake
 
MLTSPNSR
 
Amd 259-i, Exec L
 
Relates to the right to counsel at parole hearings.
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A03900 Actions:

BILL NOA03900
 
01/31/2019referred to correction
03/26/2019reported referred to ways and means
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A03900 Text:



 
                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.
                                                                   LBD08561-01-9

        A. 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.
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