Change 'Inmate' to 'Incarcerated Individual'

Section 1. Subdivision 1 of section 136 of the civil service law, as amended by section 62 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:

1. The term "teacher", for purposes of this section, means any employee of a state facility or institution in the office of children and family services in the executive department and in the departments of corrections and community supervision, health, mental hygiene and social services holding a position the principal duty of which is the teaching or instruction of patients or [inmates] incarcerated individuals, or the direct supervision of such teaching or instruction, including an insti-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD11560-01-9

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tution education director, as determined by the department of civil service subject to approval of the director of the budget.

§ 2. Subdivision 1 of section 3-107 of the election law is amended to read as follows:

1. Visit and inspect any house, dwelling, building, inn, lodginghouse, boarding-house, rooming-house, or hotel and interrogate any [inmate] incarcerated individual, house-dweller, keeper, caretaker, owner, proprietor or landlord thereof or therein, as to any person or persons residing or claiming to reside therein or thereat.

§ 3. Subdivision 13 of section 5-210 of the election law, as amended by chapter 179 of the laws of 2005, is amended to read as follows:

13. An affidavit or a signed statement by any officer or employee of the state or county board of elections or any police officer, sheriff or deputy sheriff, that such person visited the premises claimed by the applicant as his or her residence and interrogated an [inmate] incarcerated individual, house-dweller, keeper, caretaker, owner, proprietor or landlord thereof or therein as to such applicant's residence therein or thereat, and that he or she was informed by one or more such persons, naming them, that they knew the persons residing upon such premises and that the applicant did not reside upon such premises as set forth in his or her application, shall be sufficient authority for a determination by the board that the applicant is not entitled to registration or enrollment; but this provision shall not preclude the board from making such other determination, as the result of other inquiry, as it may deem appropriate.

§ 4. Paragraph (c) of subdivision 1 and subparagraph (iii) of paragraph (c) of subdivision 4 of section 15-120 of the election law, as added by chapter 289 of the laws of 2014, are amended to read as follows:

(c) an [inmate] incarcerated individual or patient of a veteran's administration hospital; or

(iii) an [inmate] incarcerated individual or patient of a veteran's administration hospital; or

§ 5. Subdivision 5 of section 16-108 of the election law is amended to read as follows:

5. An affidavit by any officer or employee of the board of elections, or by any police officer, sheriff or deputy sheriff, or by any special investigator appointed by the state board of elections, that he or she visited the premises claimed by the applicant as his or her residence and that he interrogated an [inmate] incarcerated individual, housedweller, keeper, caretaker, owner, proprietor or landlord thereof or therein as to the applicant's residence therein or thereat, and that he or she was informed by one or more of such persons, naming them, that they knew the persons residing upon such premises and that the applicant did not reside upon such premises thirty days before the election, shall be presumptive evidence against the right of the voter to register from such premises.

§ 6. Subdivision 6 of section 24 of the executive law, as added by chapter 640 of the laws of 1978, is amended to read as follows:

6. Whenever a local state of emergency is declared by the chief executive of a local government pursuant to this section, the chief executive of the county in which such local state of emergency is declared, or where a county is wholly contained within a city, the mayor of such city, may request the governor to remove all or any number of sentenced [inmates] incarcerated individuals from institutions maintained by such county in accordance with section ninety-three of the correction law.

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§ 7. Subdivision 4 of section 221-a of the executive law, as amended by chapter 368 of the laws of 2013, is amended to read as follows:

4. Courts and law enforcement officials, including probation officers, and employees of local correctional facilities and the department of corrections and community supervision who are responsible for monitoring, supervising or classification of [inmates] incarcerated individuals or parolees shall have the ability to disclose and share information with respect to such orders and warrants consistent with the purposes of this section, subject to applicable provisions of the family court act, domestic relations law and criminal procedure law concerning the confidentiality, sealing and expungement of records.

§ 8. Subdivisions 1, 3, 4, 5, 8, 12 and 16 of section 259-c of the executive law, as amended by section 38-b of subpart A of part C of chapter 62 of the laws of 2011, are amended to read as follows:

1. have the power and duty of determining which [inmates] incarcerated individuals serving an indeterminate or determinate sentence of imprisonment may be released on parole, or on medical parole pursuant to section two hundred fifty-nine-r or section two hundred fifty-nine-s of this article, and when and under what conditions;

3. determine, as each [inmate] incarcerated individual is received by the department, the need for further investigation of the background of such [inmate] incarcerated individual. Upon such determination, the department shall cause such investigation as may be necessary to be made as soon as practicable, the results of such investigation together with all other information compiled by the department and the complete criminal record and family court record of such [inmate] incarcerated individual to be filed so as to be readily available when the parole of such [inmate] incarcerated individual is being considered;

4. establish written procedures for its use in making parole decisions as required by law. Such written procedures shall incorporate risk and needs principles to measure the rehabilitation of persons appearing before the board, the likelihood of success of such persons upon release, and assist members of the state board of parole in determining which [inmates] incarcerated individuals may be released to parole supervision;

5. through its members, officers and employees, study or cause to be studied the [inmates] incarcerated individuals confined in institutions over which the board has jurisdiction, so as to determine their ultimate fitness to be paroled;

8. have the power and perform the duty, when requested by the governor, of reporting to the governor the facts, circumstances, criminal records and social, physical, mental and psychiatric conditions and histories of [inmates] incarcerated individuals under consideration by the governor for pardon or commutation of sentence and of applicants for restoration of the rights of citizenship;

12. to facilitate the supervision of all [inmates] incarcerated individuals released on community supervision the chairman of the state board of parole shall consider the implementation of a program of graduated sanctions, including but not limited to the utilization of a risk and needs assessment instrument that would be administered to all [inmates] incarcerated individuals eligible for parole supervision. Such a program would include various components including the use of alternatives to incarceration for technical parole violations;

16. determine which [inmates] incarcerated individuals serving a definite sentence of imprisonment may be conditionally released from an

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institution in which he or she is confined in accordance with subdivision two of section 70.40 of the penal law.

§ 8-a. Subdivision 1 of section 259-c of the executive law, as amended by chapter 55 of the laws of 1992, is amended to read as follows:

1. have the power and duty of determining which [inmates] incarcerated individuals serving an indeterminate sentence of imprisonment may be released on parole, or on medical parole pursuant to section two hundred fifty-nine-r of this article, and when and under what conditions;

§ 8-b. Subdivision 2 of section 259-c of the executive law, as added by chapter 904 of the laws of 1977 and amended by chapter 1 of the laws of 1998, is amended to read as follows:

2. have the power and duty of determining the conditions of release of the person who may be conditionally released or subject to a period of post-release supervision under an indeterminate or reformatory sentence of imprisonment and of determining which [inmates] incarcerated individuals serving a definite sentence of imprisonment may be conditionally released and when and under what conditions;

§ 9. Section 259-e of the executive law, as amended by chapter 473 of the laws of 2016, is amended to read as follows:

§ 259-e. Institutional parole services. The department shall provide institutional parole services. Such services shall include preparation of reports and other data required by the state board of parole in the exercise of its functions with respect to release on presumptive release, parole, conditional release or post-release supervision of [inmates] incarcerated individuals. Additionally, the department shall determine which [inmates] incarcerated individuals are in need of a deaf language interpreter or an English language interpreter, and shall inform the board of such need within a reasonable period of time prior to an [inmate's] incarcerated individual's scheduled appearance before the board. Employees of the department who collect data, interview [inmates] incarcerated individuals and prepare reports for the state board of parole in institutions under the jurisdiction of the department shall work under the direct supervision of the deputy commissioner of the department in charge of program services. Data and reports submitted to the board shall address the statutory factors to be considered by the board pursuant to the relevant provisions of section two hundred fiftynine-i of this article.

§ 10. The section heading and subdivisions 4 and 5 of section 259-h of the executive law, as added by chapter 904 of the laws of 1977, are amended to read as follows:

Parole eligibility for certain [inmates] incarcerated individuals sentenced for crimes committed prior to September first, nineteen hundred sixty-seven.

4. In calculating time required to be served prior to eligibility for parole under the minimum periods of imprisonment established by this section the following rules shall apply:

(a) Service of such time shall be deemed to have commenced on the day the [inmate] incarcerated individual was received in an institution under the jurisdiction of the department pursuant to the sentence;

(b) Where an [inmate] incarcerated individual is under more than one sentence, (i) if the sentences run concurrently, the time served under imprisonment on any of the sentences shall be credited against the minimum periods of all the concurrent sentences, and (ii) if the sentences run consecutively, the minimum periods of imprisonment shall merge in and be satisfied by service of the period that has the longest unexpired time to run;

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(c) No credit shall be allowed for "good conduct and efficient and willing performance of duties," under former section two hundred thirty of the correction law, repealed by chapter four hundred seventy-six of the laws of nineteen hundred seventy and continued in effect as to certain [inmates] incarcerated individuals, or under any other provision of law;

(d) Calculations with respect to "jail time" "time served under vacated sentence" and interruption for "escape" shall be in accordance with the provisions of subdivisions three, five and six of section 70.30 of the penal law as enacted by chapter ten hundred thirty of the laws of nineteen hundred sixty-five, as amended.

5. The provisions of this section shall not be construed as diminishing the discretionary authority of the board of parole to determine whether or not an [inmate] incarcerated individual is to be paroled.