Thursday, April 7, 1994

2376 1 2 3 4 5 6 7 8 9 10 ALBANY, NEW YORK 11 April 7, 1994 12 12:20 p.m. 13 14 15 REGULAR SESSION 16 17 18 19 LIEUTENANT-GOVERNOR STAN LUNDINE, President 20 STEPHEN F. SLOAN, Secretary 21 22 23 2377 1 P R O C E E D I N G S 2 THE PRESIDENT: Senate will come 3 to order. The Senators will please find their 4 places. 5 I would like to ask everyone 6 present to rise and repeat the Pledge of 7 Allegiance with me. 8 (Whereupon, the Senate joined in 9 the Pledge of Allegiance to the Flag.) 10 Please be seated. 11 In the absence of visiting 12 clergy, may we now bow our heads in a moment of 13 silence. 14 (Whereupon, there was a moment of 15 silence.) 16 Secretary will read the Journal. 17 THE SECRETARY: In Senate 18 Wednesday, April 6, the Senate met pursuant to 19 adjournment. Senator Farley in the chair upon 20 designation of the Temporary President. The 21 Journal of Tuesday, April 5, was read and 22 approved. On motion, Senate adjourned. 23 THE PRESIDENT: Hearing no 2378 1 objection, the Journal stands approved as read. 2 Presentation of petitions. 3 Messages from the Assembly. 4 Messages from the Governor. 5 Reports of standing committees. 6 Reports of select committees. 7 Communications and reports from 8 state officers. 9 Motions and resolutions. 10 Senator Present. 11 SENATOR PRESENT: Mr. President. 12 Will you recognize Senator Tully, please. 13 THE PRESIDENT: Senator Tully. 14 SENATOR TULLY: Thank you, Mr. 15 President. There will be an immediate meeting 16 of the Senate Health Committee in Room 332. 17 THE PRESIDENT: So noted. 18 Senator Trunzo. 19 SENATOR TRUNZO: Mr. President. 20 On behalf of Senator Lack, will you please star 21 Calendar Numbers 492 and 494. 22 THE PRESIDENT: The bills are 23 starred. 2379 1 Secretary will read. 2 THE SECRETARY: On page 4 of 3 today's calendar, Senator Nozzolio moves to 4 discharge the Committee on Elections from 5 Assembly Bill Number 5131B and substitute it for 6 the identical Calendar Number 540. 7 On page 4, Senator Nozzolio moves 8 to discharge the Committee on Elections from 9 Assembly Bill Number 5224 and substitute it for 10 the identical Calendar Number 541. 11 On page 5, Senator Nozzolio moves 12 to discharge the Committee on Elections from 13 Assembly Bill Number 5401B and substitute it for 14 the identical Calendar Number 542. 15 THE PRESIDENT: Substitutions are 16 ordered. 17 Senator Present. 18 SENATOR PRESENT: Mr. President. 19 I would like the Senate to stand at ease for a 20 few moments. 21 THE PRESIDENT: Senate will stand 22 at ease. 23 (Whereupon, at 12:24 p.m., Senate 2380 1 was at ease.) 2 (Whereupon, at 12:50 p.m., Senate 3 reconvened with Senator Spano in the chair.) 4 ACTING PRESIDENT SPANO: Senate 5 will come to order. 6 Senator Present. 7 SENATOR PRESENT: Mr. President. 8 Is there a report from a standing committee at 9 the desk. 10 ACTING PRESIDENT SPANO: Yes, 11 there is. 12 SENATOR PRESENT: May we have it 13 read. 14 ACTING PRESIDENT SPANO: 15 Secretary will read it. 16 THE SECRETARY: Senator Tully 17 from the Committee on Health reports the 18 following bill directly for Third Reading: 19 Senate Bill Number 7459A, by 20 Senator Tully, an act to amend the Public Health 21 Law, the General Municipal Law, and the 22 Insurance Law. 23 ACTING PRESIDENT SPANO: Without 2381 1 objection, third reading. 2 SENATOR PRESENT: May I yield to 3 Senator Stafford? 4 SENATOR STAFFORD: There will be 5 an immediate meeting of the Committee on Finance 6 in Room 332. Finance, 332. 7 ACTING PRESIDENT SPANO: Finance 8 meeting in Room 332. 9 Senator Present. 10 SENATOR PRESENT: Senator Kruger 11 has a privileged resolution. Would you 12 recognize him. 13 ACTING PRESIDENT SPANO: Senator 14 Kruger. 15 SENATOR KRUGER: Yes, Mr. 16 President. I would appreciate this resolution 17 being offered with unanimous consent. It is a 18 resolution supporting the first anniversary of 19 Rabbi Burg's Holocaust Memorial. 20 ACTING PRESIDENT SPANO: 21 Secretary will read the title of the resolution. 22 THE SECRETARY: By Senator Kruger 23 Legislative Resolution, honoring Rabbi Melvin 2382 1 Burg of Ocean Avenue Jewish Center upon the 2 occasion of his designation as recipient of the 3 First Annual Holocaust Awareness Award of the 4 Council of Jewish Organizations of Bay Park, New 5 York. 6 ACTING PRESIDENT SPANO: The 7 question is on the resolution. All those in 8 favor, say aye. 9 (Response of "Aye.") 10 Those opposed, nay. 11 (There was no response.) 12 The resolution is adopted. 13 Senator Present. 14 SENATOR PRESENT: Can we take up 15 the noncontroversial calendar, please. 16 ACTING PRESIDENT SPANO: 17 Secretary will read the noncontroversial 18 calendar. 19 THE SECRETARY: On page 7, 20 Calendar Number 282, by Senator Stafford, Senate 21 Bill Number 437A, an act to amend the 22 Environmental Conservation Law. 23 SENATOR GOLD: Lay it aside. 2383 1 ACTING PRESIDENT SPANO: Lay it 2 aside. 3 THE SECRETARY: Calendar Number 4 396, by Senator Cook - 5 SENATOR GOLD: Lay it aside. 6 ACTING PRESIDENT SPANO: Lay it 7 aside. 8 THE SECRETARY: Calendar Number 9 401, by Senator Skelos. 10 SENATOR GOLD: Lay it aside. 11 ACTING PRESIDENT SPANO: Lay it 12 aside. 13 THE SECRETARY: Calendar Number 14 491, by Senator Libous, Senate Bill Number 6914, 15 Uniform City Court Act. 16 ACTING PRESIDENT SPANO: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT SPANO: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 47. 2384 1 ACTING PRESIDENT SPANO: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 495, by Senator Lack, Senate Bill Number 7148A, 5 Estates, Powers and Trusts Law. 6 ACTING PRESIDENT SPANO: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT SPANO: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 46. Nays 14 1. Senator Saland recorded in the negative. 15 ACTING PRESIDENT SPANO: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 510, by Senator Stafford, Senate Bill Number 19 6845, amends Chapter 266 of the Laws of 1981, 20 amending the Civil Practice Law and Rules. 21 ACTING PRESIDENT SPANO: Read the 22 last section. 23 THE SECRETARY: Section 2. This 2385 1 act shall take effect immediately. 2 ACTING PRESIDENT SPANO: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 47. 6 ACTING PRESIDENT SPANO: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 511, by Senator Wright, Senate Bill Number 6958, 10 an act to amend the Penal Law. 11 ACTING PRESIDENT SPANO: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT SPANO: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 47. 19 ACTING PRESIDENT SPANO: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 513, by Senator Padavan, Senate Bill Number 23 128A, an act to amend the Executive Law. 2386 1 SENATOR GOLD: Lay it aside. 2 ACTING PRESIDENT SPANO: Lay it 3 aside. 4 THE SECRETARY: Calendar Number 5 522, by Senator Levy, Senate Bill Number 469A, 6 an act to amend the Vehicle and Traffic Law. 7 ACTING PRESIDENT SPANO: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT SPANO: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 47. 15 ACTING PRESIDENT SPANO: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 549, by Senator Padavan, Senate Bill Number 19 7293, Education Law, in relation to the number 20 of community school districts. 21 ACTING PRESIDENT SPANO: Read the 22 last section. 23 THE SECRETARY: Section 2. This 2387 1 act shall take effect immediately. 2 ACTING PRESIDENT SPANO: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 47. 6 ACTING PRESIDENT SPANO: The bill 7 is passed. 8 Senator Present, that completes 9 the noncontroversial calendar. 10 SENATOR PRESENT: Mr. President 11 may I ask that we stand at ease. 12 ACTING PRESIDENT SPANO: Senate 13 will stand at ease. 14 (Whereupon, at 1:00 p.m., Senate 15 was at ease.) 16 (Whereupon, at 1:26 p.m., Senate 17 reconvened with Lt. Governor Lundine in the 18 chair.) 19 THE PRESIDENT: Senate will come 20 to order. 21 Senator Present. 22 SENATOR PRESENT: Mr. President. 23 Can we return to report of standing committees. 2388 1 ACTING PRESIDENT FARLEY: 2 Secretary will read. 3 THE SECRETARY: Senator Stafford 4 from the Committee on Finance reports the 5 nomination of James W. McMahon, of Ballston 6 Lake, as Superintendent of State Police. 7 SENATOR STAFFORD: Mr. President. 8 THE PRESIDENT: Senator Stafford. 9 SENATOR STAFFORD: It certainly 10 is a pleasure to forward from Finance, where 11 there was a unanimous vote, as expected, the 12 nomination of James W. McMahon. 13 Now, I could go on and on and on, 14 and it's all positive. He has come up through 15 the ranks. He has served in almost every 16 capacity as a trooper and as a member of the 17 Division of State Police. 18 I remember the tremendous job he 19 did during the Olympics. We think that was 20 yesterday but, believe it or not, it was about 21 15 years ago. It's hard to believe that it was 22 15 years ago. 23 He is dedicated. He is extremely 2389 1 well qualified. He is well educated. And I 2 would suggest from talking to members of the 3 Division, in other words, troopers and all who 4 are in the Division -- they are all troopers but 5 officers also -- they are very anxious that Jim 6 McMahon be made Superintendent, be appointed 7 Superintendent. They respect him. They like 8 him. He gets the job done. Treats people 9 fairly. If there has to be a correction, he 10 makes it; and he allows people to do their job. 11 So I compliment the Governor and 12 all who have been involved in the appointment of 13 James W. McMahon, and I move the confirmation. 14 THE PRESIDENT: Senator Farley. 15 SENATOR FARLEY: Thank you, Mr. 16 President. 17 I'm also pleased to rise to 18 support the nomination of Superintendent of 19 James McMahon. Let me just say something that 20 Tom Constantine, who was my constituent from 21 Schenectady, who was one of the finest 22 Superintendents we've ever had, has moved on to 23 even bigger and greater things as our drug czar, 2390 1 but Jim McMahon is a person who has come up 2 through the ranks, as Senator Stafford said; a 3 person who started out as a trooper at the very 4 beginning, went on to become a sergeant, zone 5 sergeant, lieutenant, captain, major, staff 6 inspector, lt. colonel and colonel and deputy 7 superintendent; a person that has come up 8 through the ranks. 9 I think that one of the major 10 reasons that Superintendent Constantine was so 11 respected and did such an outstanding job was 12 because he was a trooper's trooper. Well, this 13 young fellow is also a trooper's trooper. He is 14 a credit to the finest police force in the 15 United States and one that has a reputation for 16 excellence. 17 And Jim McMahon, living in 18 Saratoga County, is within a baseball throw of 19 being in my district. He is actually in Senator 20 Bruno's district. I have the town of Ballston, 21 even though he lives in Ballston Lake which is 22 part of the Town of Clifton Park. 23 I know that my daughter spoke to 2391 1 me the other night. She said, Daddy, you want 2 to really support him. Because she met one of 3 his children and -- I guess who got the word a 4 little bit early, and I said I think I'll be 5 happy to do it. 6 Basically, because Jim McMahon is 7 a person who has come up through the ranks, and 8 we have learned that those kind of people make 9 excellent leaders, excellent superintendents. I 10 think it was mentioned that there was nobody 11 that came to work earlier or stayed longer than 12 this fellow, and I think he is going to be one 13 of the great superintendents of this state, and 14 I'm pleased to second his nomination. 15 THE PRESIDENT: Senator Maltese. 16 SENATOR MALTESE: Mr. President. 17 I wish to add my words to those of Senator 18 Stafford and Senator Farley and add a 19 commendation to the Governor for making a 20 nomination within the boundaries of our state 21 and, as Senator Farley has said, someone within 22 the ranks. What an inspiration to the other 23 troopers who are working at the different levels 2392 1 to know that one of their own can rise and 2 aspire to the highest position as Superintendent 3 of the State Police. 4 This can serve us in many, many 5 ways. His knowledge and depth of experience 6 over almost 30 years of service, his prior 7 service as a veteran of the United States Army, 8 his being a family man, somebody devoted to his 9 family and at the same time devoted to the 10 service and the state and the law enforcement 11 field. 12 Some of the programs that he has 13 indicated that he will continue as 14 Superintendent Constantine and some of the other 15 ones that he will energize and innovate bode 16 well for law enforcement in New York State. 17 I rise to also commend and second 18 the nomination. 19 THE PRESIDENT: Senator 20 Dollinger. 21 SENATOR DOLLINGER: Mr. 22 President. I also rise to second the nomination 23 of James McMahon as the Superintendent of the 2393 1 State Police, and I also join the voices that 2 have talked about how this nominee came up 3 through the ranks. 4 I would simply also like to put 5 in a pitch for where he came from, the 54th 6 Senate District. It's such a nice thing to hear 7 when we hear about the neighborhoods in the City 8 of New York, many of whom I've heard but I'm not 9 familiar with, to suddenly hear the name of a 10 neighborhood like Bulls Head in the west side of 11 the City of Rochester, that one of our residents 12 has come to the top of the State Police ranks. 13 And I think that west side community in the city 14 of Rochester that the new Superintendent grew up 15 with -- I know many of the people from that 16 community. It's a wonderful community, a 17 strong, vibrant community that has produced many 18 of the leaders in the City of Rochester and the 19 County of Monroe. 20 It's with great pleasure that I 21 welcome a son of the 54th district to the State 22 Police superintendency, and I am pleased and 23 privileged to be seconding your nomination. 2394 1 Welcome, and let's go Bulls Head. 2 THE PRESIDENT: Senator Larkin. 3 SENATOR LARKIN: Mr. President. 4 I rise also to second the nomination of Colonel 5 McMahon for Superintendent of the State Police. 6 Those of us who had an occasion 7 to work with him when he was down in the Hudson 8 Valley always heard words like: "He's a 9 trooper's trooper. He's a leader. He leads. 10 He gives directions. He participates." 11 Local law enforcement officers 12 always told me and local elected officials said 13 that if you had a problem you could go to 14 Colonel McMahon and you could get an answer. He 15 was always willing to cooperate and 16 participate. 17 He participated, he and his men, 18 on school events, traffic, crime, drug-related 19 incidents. He was always there for us. You 20 know, when he left to go to T troop and then to 21 the big high command in Albany, he was sadly 22 missed. We are confident that his presence will 23 reemerge throughout this whole State of New 2395 1 York. 2 When talk about role models today 3 in our country, mostly they talk about a jock, 4 but here's a role model in law enforcement 5 that's a true role model for every individual 6 seeking entry into law enforcement. 7 I think we have just selected the 8 outstanding law enforcement officer of America 9 to be the next Superintendent of State Police. 10 THE PRESIDENT: Senator Volker. 11 SENATOR VOLKER: Mr. President. 12 Let me just say that I agree 100 percent with 13 what my colleague, Senator Larkin, just said and 14 I guess having been a close personal friend of 15 the former Superintendent, Tom Constantine, I 16 want to say what I said in the Finance meeting; 17 and, that is, that I don't think people quite 18 realize the honor that was bestowed on New York 19 when Tom Constantine was named to head the DEA 20 in Washington, a job of somewhat epic 21 proportions. 22 In fact, I will tell you this, 23 that for various reasons, I got involved in that 2396 1 just a little bit because there was some 2 inter-politics going on in Washington at the 3 time relating to the DEA itself, and because one 4 of the deputy -- I don't know, deputy 5 superintendents or whatever the deputy is in DEA 6 happened to be married to a family that I know 7 real well did talk to us about some risks that 8 were involved, some shall we say police 9 political risks. But Tom Constantine didn't 10 falter, and he was more than willing to take any 11 of those kinds of things. And I think the 12 President -- to his credit, by the way - 13 President Clinton has decided against one plan 14 that would have somewhat dramatically cut the 15 DEA and merged it with another agency, which is 16 one of the plans that supposedly would have 17 saved a lot of money. I often said I can show 18 you some plans that will save tons of money, 19 but, unfortunately, they'll also have some very 20 dramatically bad aspects as far as law 21 enforcement. 22 As far as I know, the only agency 23 of the State of New York that did not take any 2397 1 cuts during the fiscal crisis was the New York 2 State Police, even though they suffered some 3 attrition losses, obviously, and we had a couple 4 of schools that had to be cancelled during the 5 fiscal crisis, but the thing I think about the 6 gentlemen we're about to make the head of the 7 state police today is he comes from a long line 8 in that agency, came up through the ranks, knows 9 the agency from one end to another; and as Bill 10 said, a number of people have said, if you talk 11 to the Troopers in the street, they all say this 12 is one fine Trooper and a fine gentleman. And 13 they also -- as my colleague Senator Stachowski 14 said, the scary thing is they also say they like 15 him. And the reason I say that is because if 16 you know command people sometimes, sometimes 17 that can be a little tenuous for various 18 reasons. When you command, sometimes you have 19 to make enemies. 20 But the new Superintendent 21 McMahon is the kind of guy who I think you just 22 have to -- you have to like him and respect him, 23 so I think it was a great choice. I wish him 2398 1 the best of luck. And I can only say from my 2 perspective and I know from the perspective of 3 the people of this chamber, we will cooperate in 4 every way possible and the best of luck. 5 THE PRESIDENT: The question 6 occurs on the confirmation of the nominee. All 7 those in favor, say aye. 8 (Response of "Aye.") 9 Opposed, nay. 10 (There was no response.) 11 The ayes have it. The nominee is 12 confirmed. James W. McMahon of Ballston Lake to 13 serve as Superintendent of the State Police. 14 (Applause.) 15 Senator Present. 16 SENATOR PRESENT: Mr. President. 17 Can we call up Senate Bill 7459A. I understand 18 that there is a message at the desk. 19 THE SECRETARY: Calendar Number 20 550, by Senator Tully, Senate Bill Number 7459A, 21 an act to amend the Public Health Law, the 22 General Municipal Law, and the Insurance Law. 23 SENATOR PRESENT: Mr. President. 2399 1 I move that we accept the message. 2 THE PRESIDENT: On the motion, 3 all those in favor, say aye. 4 (Response of "Aye.") 5 Opposed, nay. 6 (There was no response.) 7 The ayes have it. The motion is 8 adopted. The message is agreed to. 9 Read the last section. 10 THE SECRETARY: Section 15. This 11 act shall take effect immediately. 12 THE PRESIDENT: Senator Tully. 13 SENATOR TULLY: Yes, Mr. 14 President, to explain my vote. 15 THE PRESIDENT: Senator Tully is 16 recognized. 17 SENATOR TULLY: Two minutes, I'll 18 take it. We did pass a version of this bill 19 back in January of '94, Mr. President. This is 20 an amended version. It was worked on a 21 tripartite basis with the Assembly and the 22 Governor. And, certainly, I'd like at this time 23 to congratulate John Bacheller from Senator 2400 1 Marino's staff, Dan Degnan from Senator Larkin's 2 staff, Dick Jacques and Karen Chamberlain from 3 my staff, and thank the Governor for his 4 cooperation as well as the members of the 5 Assembly. 6 This is a great benefit to our 7 senior citizens and certainly to those who wish 8 to visit their seniors in life care 9 communities. It will be an economic boon to the 10 state in the amount of about $2 billion. It 11 will provide a lot of jobs. 12 It's a bill whose time has come, 13 and I urge all my colleagues to vote in favor of 14 it. 15 THE PRESIDENT: Senator Farley. 16 SENATOR FARLEY: Yes, I want to 17 congratulate my colleague and seatmate here on 18 this life care community. This is something 19 that New York State has needed for a long time. 20 I think we're the only state in the nation that 21 really does not have it functioning, and we've 22 got several online that are ready to move. 23 Because, quite frankly, we're 2401 1 losing some of our brightest and best and most 2 affluent, so forth, citizens to other states 3 that want to enter these life communities, and I 4 think this is an outstanding agreement. I 5 understand it's agreed to by all three parties. 6 And as he said, it's a bill whose time has 7 come. And I congratulate you, Senator Tully, on 8 a good move. 9 SENATOR GOLD: Results. 10 THE PRESIDENT: Secretary will 11 report. 12 (Secretary called the roll.) 13 THE SECRETARY: Ayes 51. 14 THE PRESIDENT: The bill is 15 passed. 16 THE PRESIDENT: Senator Present. 17 SENATOR PRESENT: Mr. President. 18 Can we return to the controversial calendar? 19 THE PRESIDENT: Secretary will 20 read. 21 THE SECRETARY: On page 7, 22 Calendar Number 282, by Senator Stafford, Senate 23 Bill Number 437A, Environmental Conservation 2402 1 Law. 2 SENATOR PRESENT: Lay it aside 3 for the day. 4 THE PRESIDENT: The bill is laid 5 aside for the day. 6 THE SECRETARY: Calendar Number 7 396, by Senator Cook, Senate Bill Number 2287, 8 Environmental Conservation Law, in relation to 9 permitting certain directional signs in the 10 Catskill Park. 11 THE PRESIDENT: The bill is laid 12 aside for the day. 13 THE SECRETARY: Calendar Number 14 401, by Senator Skelos - 15 SENATOR GOLD: Can we lay this 16 aside for amendment? 17 THE SECRETARY: -- Senate Bill 18 Number 6793A, and act to amend the Vehicle and 19 Traffic Law. 20 SENATOR PRESENT: Lay that aside 21 temporarily. 22 THE PRESIDENT: The bill is laid 23 aside. 2403 1 THE SECRETARY: Calendar Number 2 513, by Senator Padavan, Senate Bill Number 3 128A, Executive Law, in recommendation to the 4 authority of the State Board of Parole to 5 release certain inmates. 6 SENATOR GOLD: Senator yield to a 7 question? 8 SENATOR PADAVAN: Yes. 9 SENATOR GOLD: Senator, is this 10 the same bill we had last year? 11 SENATOR PADAVAN: No. 12 SENATOR GOLD: Can you tell us 13 the differences? 14 THE PRESIDENT: Senator Padavan. 15 SENATOR PADAVAN: One of the 16 issues raised last year in the course of 17 discussing this bill related to if the judge 18 either failed to respond to the board in a 19 timely fashion or if the judge was no longer 20 sitting. We have addressed that issue by simply 21 providing that in such eventualities, the parole 22 board's actions would take effect. That is the 23 major change in the bill from last year. 2404 1 SENATOR GOLD: (To the Chair) I'm 2 sorry. 3 Senator yield to a question? 4 Senator, as I understand the amendment, the 5 judge does not respond within 25 days. 6 SENATOR PADAVAN: Yes. 7 SENATOR GOLD: Is that right? 8 SENATOR PADAVAN: Yes, let me 9 read it to you. 10 SENATOR GOLD: How does that 11 differ from last year? 12 SENATOR PADAVAN: Because that 13 was not in last year's bill. 14 SENATOR GOLD: All right. So - 15 SENATOR PADAVAN: The 25 days was 16 in. 17 SENATOR GOLD: Was in? 18 SENATOR PADAVAN: Was in. But 19 the issue relevant to a judge no longer sitting 20 was not. 21 I'll read it to you. It says, 22 "If the judge fails to mail a response to the 23 board within 25 days after the board mails a 2405 1 notification, the sentencing judge shall be 2 deemed to have approved of any release. If the 3 sentencing judge is no longer sitting, then the 4 notification provided for herein shall be 5 dispensed with." 6 So that even eliminates the 25 7 days if the judge is not sitting. 8 SENATOR GOLD: All right. Will 9 Senator yield to one more question. 10 SENATOR PADAVAN: Yes. 11 SENATOR GOLD: Senator, when does 12 the notification go out, at what stage of the 13 proceedings in terms of the time frame 14 involved? In other words, does the notice to 15 the judge go out after the parole board has 16 already made its determination? 17 SENATOR PADAVAN: Yes. 18 Obviously, the Parole Board would have to make 19 some kind of determination for the judge to 20 evaluate. 21 SENATOR GOLD: All right. So if 22 the Senator will yield to a question. If the 23 parole board makes a determination and let's say 2406 1 the determination is to parole, they then must 2 send a notice to the judge. That takes a few 3 days. 4 SENATOR PADAVAN: No, it says 5 after they mail it. So it would be the date of 6 mailing. 7 SENATOR GOLD: All right. The 8 judge has 25 days to send in a response. 9 SENATOR PADAVAN: A response, 10 m-m h-m-m. 11 SENATOR GOLD: Now, if the judge 12 sends in a response that is negative, for 13 example, what happens under your bill? The 14 judge says I don't think you should do this. 15 SENATOR PADAVAN: Well, if the 16 judge indicates that he is in opposition, the 17 bill does not, in effect, mandate that that 18 decision controls the actions of the board 19 entirely. But, on the other hand, if we are to 20 accept the fact that the judge is in the process 21 with regard to that specific parole request, 22 then I think it's clear in terms of how we have 23 written this bill that the parole would not take 2407 1 place. 2 SENATOR GOLD: In other words, if 3 the judge does not approve, there is no parole? 4 SENATOR PADAVAN: That's 5 correct. However, they could recommend it 6 subsequently. It doesn't preclude any 7 subsequent recommendation. 8 SENATOR GOLD: Mr. President. On 9 the bill. 10 (Whereupon, Senator Farley was in 11 the chair.) 12 ACTING PRESIDENT FARLEY: Senator 13 Gold, on the bill. 14 SENATOR GOLD: I think that's 15 really the point here, the point is that the 16 system that we have set up of indeterminate 17 sentences provides for a process whereby we have 18 a Parole Board. These people come before us. 19 We know who they are. They make a 20 determination, and that determination is now 21 absolutely voidable by a judge who sentenced the 22 individual. 23 Now, that is just, as long as you 2408 1 understand it, a huge, huge change in the 2 philosophies of our law. 3 We could change the law -- and by 4 the way, we debated the issue of 3 strikes 5 you're in, you're out, whatever it is, and I 6 told you we're going to hold hearings next 7 week. We are going to hold hearings to see what 8 prosecutors and others have to say. 9 But understand it. If you want a 10 sentencing system where the sentencing judge 11 gives a specific sentence, we can do that. But 12 the problem with Senator Padavan's law, as I see 13 it, is that a sentencing judge, three, four, 14 five years later, thousands of cases later, is 15 being asked now on a letter, notice, to comment 16 on the determination of the Parole Board. The 17 judge is not hearing the parole information. 18 The judge isn't up-to-date on what may or may 19 not have transpired within the prison system 20 during that period of time, and the judge is 21 given that kind of a veto power. And it is, as 22 I said, a huge difference in the philosophy of 23 the laws as we have as a legislature 2409 1 structured. 2 Last year, Senator DeFrancisco, 3 and Waldon, Smith, Paterson, Ohrenstein, 4 Markowitz, Leichter, Gonzalez, myself, Senator 5 Galiber, Espada, and Connor voted in the 6 negative. 7 ACTING PRESIDENT FARLEY: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first day of 11 September. 12 ACTING PRESIDENT FARLEY: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Those recorded in 16 the negative on Calendar 513 are Senators 17 DeFrancisco, Gold, Kruger, Markowitz, Mendez, 18 Nanula, Ohrenstein and Smith. Ayes 43. Nays 8. 19 THE PRESIDENT: The bill is 20 passed. 21 Senator Present, that -- do you 22 want to hold it up? 23 Senator Gold. 2410 1 SENATOR GOLD: Can I yield to 2 Senator Present for the purpose of a motion? 3 SENATOR PRESENT: Any house 4 keeping? 5 THE PRESIDENT: We have none, 6 Senator Present. 7 Unless -- any motions? Anything 8 on the floor? 9 Seeing none. 10 SENATOR PRESENT: Mr. President. 11 There being no further business, I move that we 12 adjourn until tomorrow at 11:00 a.m. 13 THE PRESIDENT: The Senate will 14 stand adjourned until tomorrow at 11:00 a.m. 15 (Whereupon, at 1:50 p.m., Senate 16 adjourned.) 17 18 19 20 21 22 23