§ 259-C — State board of parole; functions, powers and duties

New York § 259-C

• Jurisdiction: New York
• Law EXC: Executive
• Art. 12-B: State Board of Parole

Text

§ 259-c. State board of parole; functions, powers and duties. The\nstate board of parole shall: * 1. have the power and duty of determining\nwhich incarcerated individuals serving an indeterminate or determinate\nsentence of imprisonment may be released on parole, or on medical parole\npursuant to section two hundred fifty-nine-r or section two hundred\nfifty-nine-s of this article, and when and under what conditions;\n * NB Effective until September 1, 2027\n * 1. have the power and duty of determining which incarcerated\nindividuals serving an indeterminate sentence of imprisonment may be\nreleased on parole, or on medical parole pursuant to section two hundred\nfifty-nine-r of this article, and when and under what conditions;\n * NB Effective September 1, 2027\n * 2. have the power and duty of determining the conditions of release\nof the person who may be presumptively released, conditionally released\nor subject to a period of post-release supervision under an\nindeterminate or determinate sentence of imprisonment;\n * NB Effective until September 1, 2027\n * 2. have the power and duty of determining the conditions of release\nof the person who may be conditionally released or subject to a period\nof post-release supervision under an indeterminate or reformatory\nsentence of imprisonment and of determining which incarcerated\nindividuals serving a definite sentence of imprisonment may be\nconditionally released and when and under what conditions;\n * NB Effective September 1, 2027\n 3. determine, as each incarcerated individual is received by the\ndepartment, the need for further investigation of the background of such\nincarcerated individual. Upon such determination, the department shall\ncause such investigation as may be necessary to be made as soon as\npracticable, the results of such investigation together with all other\ninformation compiled by the department and the complete criminal record\nand family court record of such incarcerated individual to be filed so\nas to be readily available when the parole of such incarcerated\nindividual is being considered;\n 4. establish written procedures for its use in making parole decisions\nas required by law. Such written procedures shall incorporate risk and\nneeds principles to measure the rehabilitation of persons appearing\nbefore the board, the likelihood of success of such persons upon\nrelease, and assist members of the state board of parole in determining\nwhich incarcerated individuals may be released to parole supervision;\n 5. through its members, officers and employees, study or cause to be\nstudied the incarcerated individuals confined in institutions over which\nthe board has jurisdiction, so as to determine their ultimate fitness to\nbe paroled;\n 6. have the power to revoke the community supervision status of any\nperson and to authorize the issuance of a warrant for the re-taking of\nsuch persons;\n 8. have the power and perform the duty, when requested by the\ngovernor, of reporting to the governor the facts, circumstances,\ncriminal records and social, physical, mental and psychiatric conditions\nand histories of incarcerated individuals under consideration by the\ngovernor for pardon or commutation of sentence and of applicants for\nrestoration of the rights of citizenship;\n 9. for the purpose of any investigation in the performance of duties\nmade by it or any member thereof, have the power to issue subpoenas, to\ncompel the attendance of witnesses and the production of books, papers,\nand other documents pertinent to the subject of its inquiry;\n 10. have the power to authorize any members thereof and hearing\nofficers to administer oaths and take the testimony of persons under\noath;\n 11. make rules for the conduct of its work, a copy of such rules and\nof any amendments thereto to be filed by the chairman with the secretary\nof state;\n 12. to facilitate the supervision of all incarcerated individuals\nreleased on community supervision the chairman of the state board of\nparole shall consider the implementation of a program of graduated\nsanctions, including but not limited to the utilization of a risk and\nneeds assessment instrument that would be administered to all\nincarcerated individuals eligible for parole supervision. Such a program\nwould include various components including the use of alternatives to\nincarceration for technical parole violations;\n 13. transmit a report of the work of the state board of parole for the\npreceding calendar year to the governor and the legislature annually.\nSuch report shall include statistical information regarding the\ndemographics of persons granted release and considered for release to\ncommunity supervision or deportation, including but not limited to age,\ngender, race, ethnicity, region of commitment and other relevant\ncategories of classification and commitment;\n 14. notwithstanding any other provision of law to the contrary, where\na person serving a sentence for an offense defined in article one\nhundred thirty, one hundred thirty-five or two hundred sixty-three of\nthe penal law or section 255.25, 255.26 or 255.27 of the penal law and\nthe victim of such offense was under the age of eighteen at the time of\nsuch offense or such person has been designated a level three sex\noffender pursuant to subdivision six of section one hundred\nsixty-eight-l of the correction law, is released on parole or\nconditionally released pursuant to subdivision one or two of this\nsection, the board shall require, as a mandatory condition of such\nrelease, that such sentenced offender shall refrain from knowingly\nentering into or upon any school grounds, as that term is defined in\nsubdivision fourteen of section 220.00 of the penal law, or any other\nfacility or institution primarily used for the care or treatment of\npersons under the age of eighteen while one or more of such persons\nunder the age of eighteen are present, provided however, that when such\nsentenced offender is a registered student or participant or an employee\nof such facility or institution or entity contracting therewith or has a\nfamily member enrolled in such facility or institution, such sentenced\noffender may, with the written authorization of his or her parole\nofficer and the superintendent or chief administrator of such facility,\ninstitution or grounds, enter such facility, institution or upon such\ngrounds for the limited purposes authorized by the parole officer and\nsuperintendent or chief officer. Nothing in this subdivision shall be\nconstrued as restricting any lawful condition of supervision that may be\nimposed on such sentenced offender.\n 15. Notwithstanding any other provision of law to the contrary, where\na person is serving a sentence for an offense for which registration as\na sex offender is required pursuant to subdivision two or three of\nsection one hundred sixty-eight-a of the correction law, and the victim\nof such offense was under the age of eighteen at the time of such\noffense or such person has been designated a level three sex offender\npursuant to subdivision six of section one hundred sixty-eight-l of the\ncorrection law or the internet was used to facilitate the commission of\nthe crime, is released on parole or conditionally released pursuant to\nsubdivision one or two of this section, the board shall require, as\nmandatory conditions of such release, that such sentenced offender shall\nbe prohibited from using the internet to access pornographic material,\naccess a commercial social networking website, communicate with other\nindividuals or groups for the purpose of promoting sexual relations with\npersons under the age of eighteen, and communicate with a person under\nthe age of eighteen when such offender is over the age of eighteen,\nprovided that the board may permit an offender to use the internet to\ncommunicate with a person under the age of eighteen when such offender\nis the parent of a minor child and is not otherwise prohibited from\ncommunicating with such child. Nothing in this subdivision shall be\nconstrued as restricting any other lawful condition of supervision that\nmay be imposed on such sentenced offender. As used in this subdivision,\na "commercial social networking website" shall mean any business,\norganization or other entity operating a website that permits persons\nunder eighteen years of age to be registered users for the purpose of\nestablishing personal relationships with other users, where such persons\nunder eighteen years of age may: (i) create web pages or profiles that\nprovide information about themselves where such web pages or profiles\nare available to the public or to other users; (ii) engage in direct or\nreal time communication with other users, such as a chat room or instant\nmessenger; and (iii) communicate with persons over eighteen years of\nage; provided, however, that, for purposes of this subdivision, a\ncommercial social networking website shall not include a website that\npermits users to engage in such other activities as are not enumerated\nherein.\n 15-a. Notwithstanding any other provision of law, where a person is\nserving a sentence for a violation of section 120.03, 120.04, 120.04-a,\n125.12, 125.13 or 125.14 of the penal law, or a felony as defined in\nparagraph (c) of subdivision one of section eleven hundred ninety-three\nof the vehicle and traffic law, if such person is released on parole or\nconditional release the board shall require as a mandatory condition of\nsuch release, that such person install and maintain, in accordance with\nthe provisions of section eleven hundred ninety-eight of the vehicle and\ntraffic law, an ignition interlock device in any motor vehicle owned or\noperated by such person during the term of such parole or conditional\nrelease for such crime. Provided further, however, the board may not\notherwise authorize the operation of a motor vehicle by any person whose\nlicense or privilege to operate a motor vehicle has been revoked\npursuant to the provisions of the vehicle and traffic law.\n 16. determine which incarcerated individuals serving a definite\nsentence of imprisonment may be conditionally released from an\ninstitution in which he or she is confined in accordance with\nsubdivision two of section 70.40 of the penal law.\n 17. within amounts appropriated, appoint attorneys to serve as its\nlegal advisors. Such attorneys shall report directly to the board,\nprovided, however, that administrative matters of general applicability\nwithin the department shall be applicable to such attorneys.\n