What's happening
This bill allows parole denial decisions to be immediately challenged in court, expands court review powers, and increases recording requirements for parole hearings.
Why it matters
Strengthens judicial oversight of parole decisions. by allowing courts to directly review and potentially overturn or modify parole denials, rather than deferring to the parole board’s judgment.
Empowers individuals denied parole. to more rapidly and effectively challenge decisions, making the process more accessible and potentially fairer, especially for those who believe the board acted unjustly.
Increases transparency and accountability. in parole hearings by requiring full audio recordings and inclusion of all submitted documents, which could help uncover procedural errors or biases during appeals.
Expands possible outcomes in court reviews. courts can now not only affirm or reverse parole decisions but also order new interviews or directly set release dates, giving judges more flexibility to address wrongful denials.
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Who cares
Incarcerated people denied parole
The bill would make parole denials final decisions for Article 78 review and allow courts to reconsider release decisions anew, including setting a release date.
New York State Board of Parole
The bill would require audio recordings of every parole release interview, verbatim records within 30 days when release is denied, and inclusion of all submitted documents in the appeal record.
Courts reviewing parole decisions
The bill would let courts require petitioners to appear, affirm or modify board decisions, order new interviews or provide release dates.
Attorneys representing incarcerated people
The bill would frame the right to representation, including assigned counsel upon request for those unable to afford it, as applying to appeals from board decisions rather than appeals to the board.
Headline styles
Let Courts Review Parole Denials
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to ways and means
- Reported referred to ways and means
- Referred to correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1908
2017-2018 Regular Sessions
IN ASSEMBLY
January 13, 2017
Introduced by M. of A. O'DONNELL -- read once and referred to the Committee on 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 Assembly, do enact as follows:
Section 1. Paragraphs (a) and (b) of subdivision 4 of section 259-i of the executive law, paragraph (a) as amended by section 11 of part E of chapter 62 of the laws of 2003 and paragraph (b) as added by chapter 904 of the laws of 1977, are amended to read as follows:
(a) Except for determinations made upon preliminary hearings upon allegations of violation of presumptive release, parole, conditional release or post-release supervision, all determinations made pursuant to this section may be appealed in accordance with rules promulgated by the board except that a decision by the board denying parole release shall be a final decision for the purposes of article seventy-eight of the civil practice laws and rules. Any board member who participated in the decision from which the appeal is taken may not participate in the resolution of that appeal. The rules of the board may specify a time within which any appeal shall be taken and resolved.
(b) Upon an appeal [to the] from a board decision, the inmate may be represented by an attorney. Where the inmate is financially unable to provide for his own or her attorney, upon request an attorney shall be assigned pursuant to the provisions of subparagraph (v) of paragraph (f) of subdivision three of this section.
§ 2. Subdivision 5 of section 259-i of the executive law, as amended by chapter 166 of the laws of 1991, is amended to read as follows:
5. Actions of the board. Any action by the board or by a hearing officer pursuant to this article shall be deemed a judicial function and shall not be reviewable if done in accordance with law except that upon an appropriate petition the court may consider a release decision de
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05027-01-7
A. 1908 2
novo. The court may in its own discretion require an appearance by the petitioner. The court may affirm the decision of the board, modify the decision, order a de novo interview for reconsideration by the board or provide a release date for the petitioner.
§ 3. Subparagraph (i) of paragraph (a) of subdivision 6 of section 259-i of the executive law, as amended by chapter 363 of the laws of 2012, is amended to read as follows:
(i) The board shall provide for the making of a verbatim record of each parole release interview within thirty days of such interview, except where a decision is made to release the inmate to parole supervision, and each preliminary and final revocation hearing, except when the decision of the presiding officer after such hearings result in a dismissal of all charged violations of parole, conditional release or post release supervision. An audio recording shall also be made of each parole release interview in its entirety. All documents submitted to the board shall be included in the hearing record for purposes of appeal.
§ 4. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.