Extends, from 2 years to 4 years, the time between parole eligibility for certain inmates

BILL NUMBER:S5302

Title of bill

An act to amend the executive law, in relation to extending the period of time between parole eligibility for certain inmates

Purpose

To extend the period of time between parole eligibility for certain inmates.

Summary of provisions

Section 1. Section 295-i of the executive law is amended to add a new subparagraph (iii) to read as follows: (iii) In the case of any inmate who is incarcerated for any offense defined in title H of the penal law where a police officer, as such term is defined in section eight hundred thirty-five of this chapter, or a correction officer, as such term is used in the correction law, is the victim of such offense, at least one month prior to the date on which such inmate may be paroled pursuant to subdivision one of section 70.40 of the penal law, a member or members as determined by the rules of the board shall personally interview such inmate and determine whether he or she should be paroled in accordance with the guidelines adopted pursuant to subdivision four of section two hundred fifty-nine-c of this article. If parole is not granted upon such review, the inmate shall be informed in writing within two weeks of such appearance of the factors and reasons for such denial of parole. Such reasons shall be given in detail and not in conclusory terms. The board shall specify a date not more than forty-eight months from such determination for reconsideration, and the procedures to be followed upon reconsideration shall be the same. If such inmate is released, he or she shall be given a copy of the conditions of parole. Such conditions shall, where appropriate, include a requirement that the parolee comply with any restitution order, mandatory surcharge, sex offender registration fee and DNA databank fee previously imposed by a court of competent jurisdiction that applies to the parolee. The conditions shall indicate which restitution collection agency established under subdivision eight of section 420.10 of the criminal procedure law, shall be responsible for collection of restitution, mandatory surcharge, sex offender registration fees and DNA databank fees as provided for in section 60.35 of the penal law and section eighteen hundred nine of the vehicle and traffic law.

Legislative history

New legislation.

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become law.