§ 259-i. Procedures for the conduct of the work of the state board of\nparole.\n 2. Parole. * (a) (i) Except as provided in subparagraph (ii) of this\nparagraph, at least one month prior to the date on which an incarcerated\nindividual may be paroled pursuant to subdivision one of section 70.40\nof the penal law, a member or members as determined by the rules of the\nboard shall personally interview such incarcerated individual and\ndetermine whether he or she should be paroled in accordance with the\nguidelines adopted pursuant to subdivision four of section two hundred\nfifty-nine-c of this article. If parole is not granted upon such review,\nthe incarcerated individual shall be informed in writing within two\nweeks of such appearance of the factors and reasons for such denial of\nparole. Such reasons shall be given in detail and not in conclusory\nterms. The board shall specify a date not more than twenty-four months\nfrom such determination for reconsideration, and the procedures to be\nfollowed upon reconsideration shall be the same. If the incarcerated\nindividual is released, he or she shall be given a copy of the\nconditions of parole. Such conditions shall where appropriate, include a\nrequirement that the parolee comply with any restitution order,\nmandatory surcharge, sex offender registration fee and DNA databank fee\npreviously imposed by a court of competent jurisdiction that applies to\nthe parolee. The conditions shall indicate which restitution collection\nagency established under subdivision eight of section 420.10 of the\ncriminal procedure law, shall be responsible for collection of\nrestitution, mandatory surcharge, sex offender registration fees and DNA\ndatabank fees as provided for in section 60.35 of the penal law and\nsection eighteen hundred nine of the vehicle and traffic law. If the\nincarcerated individual is released, he or she shall also be notified in\nwriting that his or her voting rights will be restored upon release.\n (ii) Any incarcerated individual who is scheduled for presumptive\nrelease pursuant to section eight hundred six of the correction law\nshall not appear before the board as provided in subparagraph (i) of\nthis paragraph unless such incarcerated individual's scheduled\npresumptive release is forfeited, canceled, or rescinded subsequently as\nprovided in such law. In such event, the incarcerated individual shall\nappear before the board for release consideration as provided in\nsubparagraph (i) of this paragraph as soon thereafter as is practicable.\n * NB Effective until September 1, 2027\n * (a) At least one month prior to the expiration of the minimum period\nor periods of imprisonment fixed by the court or board, a member or\nmembers as determined by the rules of the board shall personally\ninterview an incarcerated individual serving an indeterminate sentence\nand determine whether he or she should be paroled at the expiration of\nthe minimum period or periods in accordance with the procedures adopted\npursuant to subdivision four of section two hundred fifty-nine-c of this\narticle. If parole is not granted upon such review, the incarcerated\nindividual shall be informed in writing within two weeks of such\nappearance of the factors and reasons for such denial of parole. Such\nreasons shall be given in detail and not in conclusory terms. The board\nshall specify a date not more than twenty-four months from such\ndetermination for reconsideration, and the procedures to be followed\nupon reconsideration shall be the same. If the incarcerated individual\nis released, he or she shall be given a copy of the conditions of\nparole. Such conditions shall where appropriate, include a requirement\nthat the parolee comply with any restitution order and mandatory\nsurcharge previously imposed by a court of competent jurisdiction that\napplies to the parolee. The conditions shall indicate which restitution\ncollection agency established under subdivision eight of section 420.10\no
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.