New York S 5802: Relates to incarcerated individual interviews by the state board of parole

Bill Text

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S05802 Summary:

BILL NOS05802 

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SAME ASNo Same As

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SPONSORSEPULVEDA

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COSPNSRCOMRIE

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MLTSPNSR

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Amd §259-i, Exec L

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Relates to incarcerated individual interviews by the state board of parole; requires such parole board interviews of incarcerated individuals to be conducted in person and in the correctional facility where such incarcerated individual is housed.

Go to top S05802 Actions:

BILL NOS05802 

&nbsp

03/03/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

01/07/2026REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Go to topS05802 Committee&nbspVotes:

Go to topS05802 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05802 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5802

 2025-2026 Regular Sessions

 IN SENATE

 March 3, 2025
 ___________

 Introduced by Sens. SEPULVEDA, COMRIE -- read twice and ordered printed,
 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 incarcerated individ-
 ual interviews by the state board of parole

 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 14 of chapter
 3 486 of the laws of 2022, is amended to read as follows:
 4 (i) Except as provided in subparagraph (ii) of this paragraph, at
 5 least one month prior to the date on which an incarcerated individual
 6 may be paroled pursuant to subdivision one of section 70.40 of the penal
 7 law, a member or members as determined by the rules of the board shall
 8 [personally] conduct an in-person interview of such incarcerated indi-
 9 vidual in the correctional facility where such incarcerated individual
 10 is housed and determine whether [he or she] such incarcerated individual
 11 should be paroled in accordance with the guidelines adopted pursuant to
 12 subdivision four of section two hundred fifty-nine-c of this article. If
 13 parole is not granted upon such review, the incarcerated individual
 14 shall be informed in writing within two weeks of such appearance of the
 15 factors and reasons for such denial of parole. Such reasons shall be
 16 given in detail and not in conclusory terms. The board shall specify a
 17 date not more than twenty-four months from such determination for recon-
 18 sideration, and the procedures to be followed upon reconsideration shall
 19 be the same. If the incarcerated individual is released, [he or she]
 20 such incarcerated individual shall be given a copy of the conditions of
 21 parole. Such conditions shall where appropriate, include a requirement
 22 that the parolee comply with any restitution order, mandatory surcharge,
 23 sex offender registration fee and DNA databank fee previously imposed by
 24 a court of competent jurisdiction that applies to the parolee. The

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10284-01-5

 S. 5802 2

 1 conditions shall indicate which restitution collection agency estab-
 2 lished under subdivision eight of section 420.10 of the criminal proce-
 3 dure law, shall be responsible for collection of restitution, mandatory
 4 surcharge, sex offender registration fees and DNA databank fees as
 5 provided for in section 60.35 of the penal law and section eighteen
 6 hundred nine of the vehicle and traffic law. If the incarcerated indi-
 7 vidual is released, [he or she] such incarcerated individual shall also
 8 be notified in writing that [his or her] such incarcerated individual's
 9 voting rights will be restored upon release.
 10 § 2. Paragraph (a) of subdivision 2 of section 259-i of the executive
 11 law, as amended by section 15 of chapter 486 of the laws of 2022, is
 12 amended to read as follows:
 13 (a) At least one month prior to the expiration of the minimum period
 14 or periods of imprisonment fixed by the court or board, a member or
 15 members as determined by the rules of the board shall [personally]
 16 conduct an in-person interview of an incarcerated individual serving an
 17 indeterminate sentence in the correc