What's happening
This bill changes how members of the New York State Board of Parole are appointed, sharing authority among the governor, senate, and assembly leaders.
Why it matters
Reduces the governor’s exclusive control. over parole board appointments, potentially increasing the diversity of viewpoints and reducing political influence from a single office.
Gives legislative leaders (Senate and Assembly, both majority and minority). a direct role in choosing parole board members, which could make the board more representative of the state’s political and ideological balance.
Aims to improve transparency and public confidence. in parole decisions by distributing appointment power, possibly leading to greater scrutiny of candidates and board practices.
Requires a complete reconstitution of the board by January 1, 2021. , meaning all sitting members will be replaced at once, which could significantly shift the board’s philosophy or approach to parole decisions.
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Who cares
Headline styles
Change Parole Board Appointments
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to crime victims, crime and correction
- 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.
Share Parole Board Appointments
In Assembly Committee · Correction · Sponsor Latrice Walker
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
807
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. MONTGOMERY, COMRIE, KRUEGER -- 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 distributing the appointing authority of the state board of parole among the governor, senate and assembly
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 259-b of the executive law, as amended by section 38-a of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:
1. There shall be in the department a state board of parole [which] that shall possess the powers and duties hereinafter specified. The board shall function independently of the department regarding all of its decision-making functions, as well as any other powers and duties specified in this article, provided, however, that administrative matters of general applicability within the department shall be applicable to the board. [Such] On and after January first, two thousand twenty-one, such board shall consist of [not more than] nineteen members [appointed by the governor with the advice and consent of the senate], nine of whom shall be appointed by the governor, three of whom shall be appointed by the temporary president of the senate, three of whom shall be appointed by the speaker of the assembly, two of whom shall be appointed by the minority leader of the senate, and two of whom shall be appointed by the minority leader of the assembly. The term of office of each member of such board shall be for six years; provided, however, that any member chosen to fill a vacancy occurring otherwise than by expiration of term shall be appointed for the remainder of the unexpired term of the member whom he or she is to succeed. In the event of the inability to act of any member, the governor may appoint some competent
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02937-01-9
S. 807 2
informed person to act in his or her stead during the continuance of such disability.
§ 2. The state board of parole as constituted on the effective date of this section is hereby abolished as of January 1, 2021. Members of the state board of parole as constituted pursuant to the provisions of subdivision 1 of section 259-b of the executive law, as amended by section one of this act, shall be appointed by the appropriate state official prior to January 1, 2021, so that such board may be fully operative on and after such date.
§ 3. This act shall take effect immediately.
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 distributing the appointing authority of the state board of parole among the governor, senate and assembly
Purpose
To distribute the appointing authority of the state board of parole among the Governor, Senate and Assembly. On and after January 1, 2019 the Parole Board shall consist of 19 members. Of such members nine shall be appointed by the governor, three shall be appointed upon recommenda- tion of the temporary president of the senate, three shall be appointed upon the recommendation of the speaker of the assembly, two shall be appointed upon the recommendation of the minority leader of the senate and two shall be appointed upon the recommendation of the minority lead-. er of the assembly.
Summary of provisions
Section 1 amends subdivision 1 of section 259-b of the executive law, as amended by section 38a of subpart A of part C of chapter 62 of the laws of 2011, to require that the members of the board of parole be appointed by the governor, the temporary president of the senate, the speaker of the assembly, the minority leader of the senate, and the minority leader of the assembly.
Read the full memo (703 words)
Existing law
Under subdivision 1 of section 259-b of the executive law, the governor appoints 19 members of the parole board with the advice and consent of the Senate.
Justification
The Executive Law mandates that in making a parole release decision, the following factors are to be considered: the institutional record includ- ing program goals and accomplishments, academic achievements, vocational education, training or work assignments, therapy and interpersonal relationships with staff and inmates; performance, if any, as a partic- ipant in a temporary release program; release plans including community resources, employment, education and training and support services available to the inmate; and the written statement of the crime victim or the victim's representative (see Executive Law 259-i(2)(ii)(c)(A)). This mandate, however, has been undermined by the Parole Board as a result of a shift in parole policy.
This shift in policy away from determining parole based on an individ- ual, case-by-case basis to an en masse denial of parole based on the original crime undermines the purpose of parole. Parole is advantageous to the offender, to the state and to society as a whole for a number of reasons. The offender has the benefit of a shorter time behind bars and a period of time under supervision to adjust to life on the outside while still having access to certain support services. Parole helps reconnect the offender with family relationships sooner; less harm is done to the family structure, reducing the social cost of family break- down. There is also a reduced risk of criminal socialization which can occur in prison. It is also far less expensive for the individual to be on parole rather than behind bars. It costs approximately $60,000 a year to maintain a prisoner. The monitoring of individuals on parole allows a measure of control and safety for the community while permitting the parole officer to evaluate whether a parolee is adjusting successfully to life on the outside. A person with the opportunity to adjust gradual- ly to life outside prison poses less danger to society than one who leaves unprepared.
Parole also plays an important role in maintaining order in correctional facilities. Correctional facilities use the enticement or good time to induce prisoners to participate in programs and maintain good behavior while incarcerated. Without this inducement, maintaining order in the State's overcrowded prisons would be more difficult.
In order to comply with parole mandates, it is necessary that the Legis- lature have the authority to appoint members of the parole board. This bill will give legislators the authority to recommend members of the Parole Board to the Governor, ensuring that parole policy, as estab- lished by the Legislature under the Executive Law, will be observed.
Legislative history
2001-2002: S.2549A Died in Committee
2003-2004: S.1633 Died in Committee
2005-2886: S.1565 Died in Committee
2007-2088: S.2013 Died in Committee
2009-2010: S.1268E Died in Committee
2011-2012: S.103-A Died in Committee
2013-2014: S.1338-A Died in Committee
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.