What's happening
This bill requires New York parole appeal decisions to be published online with a searchable database and annual printed subject index.
Why it matters
Increases transparency and accountability. by making parole appeal decisions publicly accessible and searchable, allowing the public, advocates, and journalists to better monitor patterns and fairness in parole outcomes.
Improves access for incarcerated individuals. and their advocates by distributing a printed annual subject matter index to all correctional facility libraries, helping people understand how similar cases have been decided and potentially supporting more informed appeals.
Promotes legal consistency and fairness. by enabling lawyers, families, and advocates to review precedent and trends in parole board decisions, which may help identify disparities or systemic issues.
Protects sensitive information. by requiring redaction of confidential material in compliance with federal and state law, balancing the new transparency requirements with privacy and security concerns.
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Who cares
Headline styles
Publish Parole Decisions Online
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A3053
- Ordered to third reading cal.1523
- Committee discharged and committed to rules
- Reported and committed to finance
- Referred to crime victims, crime and correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Publish Parole Decisions Online
Signed by Governor · Sponsor David Weprin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3982
2017-2018 Regular Sessions
IN SENATE
January 31, 2017
Introduced by Sens. MONTGOMERY, PERKINS -- 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 requiring parole decisions to be published on a website
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 259-i of the executive law is amended by adding a new paragraph (c) to read as follows:
(c) All appeal decisions shall be published within sixty days of the determination on a publicly accessible website that includes a wordsearchable database and cumulative subject matter index of such decisions. Such subject matter index shall be published annually in print form and distributed to all correctional facility libraries. Copies of such individual appeal decisions and subject matter index shall also be made available upon written request to the board. Information which would reveal confidential material that may not be released pursuant to federal or state law shall be redacted from any such website, decision and index.
§ 2. This act shall take effect one year after it shall have become a law and shall apply to appeal decisions rendered on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06681-02-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to requiring parole decisions to be published on a website
Purpose
This bill directs the Board of Parole to publish its appeal decisions on a public website and create an annual index of such decisions.
Summary of provisions
Section 1 amends section 259-i (4) of the executive law to provide that the parole board shall publish appeal decisions on a web site within 60 days, create an annual index of such decisions, make copies available and redact confidential information from such decisions prior to publication.
Section 2 provides for an effective date.
Justification
Most agencies within the State operate under the State Administrative Procedure Act, which provides that agency adjudicatory decisions must be made public within sixty days. Agencies as diverse as the Office of Temporary and Disability Assistance, the Department of Labor, the Department of Tax and Finance and the Department of Environmental Conservation, among other agencies, post their administrative appeal decisions on line. The decisions are useful in that individuals and their attorneys can read appeal decisions in similar cases to see what kinds of arguments might apply to their cases and because agency transparency is an important tenet of open government. The Board of Parole, which exercises extraordinary discretion, should post its administrative appeal determinations so that the public and concerned citizens can have access to the body of decisions that informs the Board's practice.
Veto message #231 expressed two concerns, first that the effective date of 30-days was insufficient to create the database necessary to implement this legislation, and, second, that an appropriation would be necessary to implement a database. This bill has been amended since the 2016 version to include a one year effective date in order to allow time to create a database and to provide for an appropriation within the budget.
Legislative history
Referred to Corrections, passed Assembly in 2014, 2015 and 2016. This bill was vetoed in 2016, see veto message #231 of 2016. This bill has been amended, to address the concerns expressed in the veto message.
Fiscal implications
Minimal since the Board and DOCCS already maintain web sites
Local fiscal implications
None
Effective date
One year after the act becomes law
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.