N.Y. Executive Law § 259-c: State board of parole; functions, powers and duties

§ 259-c. State board of parole; functions, powers and duties. The

state board of parole shall: * 1. have the power and duty of determining

which 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;

* NB Effective until September 1, 2027

* 1. have the power and duty of determining which 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;

* NB Effective September 1, 2027

* 2. have the power and duty of determining the conditions of release

of the person who may be presumptively released, conditionally released

or subject to a period of post-release supervision under an

indeterminate or determinate sentence of imprisonment;

* NB Effective until September 1, 2027

* 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 incarcerated

individuals serving a definite sentence of imprisonment may be

conditionally released and when and under what conditions;

* NB Effective September 1, 2027

3. determine, as each incarcerated individual is received by the

department, the need for further investigation of the background of such

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 incarcerated individual to be filed so

as to be readily available when the parole of such 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 incarcerated individuals may be released to parole supervision;

5. through its members, officers and employees, study or cause to be

studied the incarcerated individuals confined in institutions over which

the board has jurisdiction, so as to determine their ultimate fitness to

be paroled;

6. have the power to revoke the community supervision status of any

person and to authorize the issuance of a warrant for the re-taking of

such persons;

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 incarcerated individuals under consideration by the

governor for pardon or commutation of sentence and of applicants for

restoration of the rights of citizenship;

9. for the purpose of any investigation in the performance of duties

made by it or any member thereof, have the power to issue subpoenas, to

compel the attendance of witnesses and the production of books, papers,

and other documents pertinent to the subject of its inquiry;

10. have the power to authorize any members thereof and hearing

officers to administer oaths and take the testimony of persons under

oath;

11. make rules for the conduct of its work, a copy of such rules and

of any amendments thereto to be filed by the chairman with the secretary

of state;

12. to facilitate the supervision of all 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

incarcerated individuals eligible for parole supervision. Such a program

would include various components including the use of alternatives to

incarceration for technical parole violations;

13. transmit a report of the work of the state board of parole for the

preceding calendar year to the governor and the legislature annually.

Such report shall include statistical information regarding the

demographics of persons granted release and considered for release to

community supervision or deportation, including but not limited to age,

gender, race, ethnicity, region of commitment and other relevant

categories of classification and commitment;

14. notwithstanding any other provision of law to the contrary, where

a person serving a sentence for an offense defined in article one

hundred thirty, one hundred thirty-five or two hundred sixty-three of

the penal law or section 255.25, 255.26 or 255.27 of the penal law and

the victim of such offense was under the age of eighteen at the time of

such offense or such person has been designated a level three sex

offender pursuant to subdivision six of section one hundred

sixty-eight-l of the correction law, is released on parole or

conditionally released pursuant to subdivision one or two of this

section, the board shall require, as a mandatory condition of such

release, that such sentenced offender shall refrain from knowingly

entering into or upon any school grounds, as that term is defined in

subdivision fourteen of section 220.00 of the penal law, or any other

facility or institution primarily used for the care or treatment of

persons under the age of eighteen while one or more of such persons

under the age of eighteen are present, provided however, that when such

sentenced offender is a registered student or participant or an employee

of such facility or institution or entity contracting therewith or has a

family member enrolled in such facility or institution, such sentenced

offender may, with the written authorization of his or her parole

officer and the superintendent or chief administrator of such facility,

institution or grounds, enter such facility, institution or upon such

grounds for the limited purposes authorized by the parole officer and

superintendent or chief officer. Nothing in this subdivision shall be

construed as restricting any lawful condition of supervision that may be

imposed on such sentenced offender.

15. Notwithstanding any other provision of law to the contrary, where

a person is serving a sentence for an offense for which registration as

a sex offender is required pursuant to subdivision two or three of

section one hundred sixty-eight-a of the correction law, and the victim

of such offense was under the age of eighteen at the time of such

offense or such person has been designated a level three sex offender

pursuant to subdivision six of section one hundred sixty-eight-l of the

correction law or the internet was used to facilitate the commission of

the crime, is released on parole or conditionally released pursuant to

subdivision one or two of this section, the board shall require, as

mandatory conditions of such release, that such sentenced offender shall

be prohibited from using the internet to access pornographic material,

access a commercial social networking website, communicate with other

individuals or groups for the purpose of promoting sexual relations with

persons under the age of eighteen, and communicate with a person under

the age of eighteen when such offender is over the age of eighteen,

provided that the board may permit an offender to use the internet to

communicate with a person under the age of eighteen when such offender

is the parent of a minor child and is not otherwise prohibited from

communicating with such child. Nothing in this subdivision shall be

construed as restricting any other lawful condition of supervision that

may be imposed on such sentenced offender. As used in this subdivision,

a "commercial social networking website" shall mean any business,

organization or other entity operating a website that permits persons

under eighteen years of age to be registered users for the purpose of

establishing personal relationships with other users, where such persons

under eighteen years of age may: (i) create web pages or profiles that

provide information about themselves where such web pages or profiles

are available to the public or to other users; (ii) engage in direct or

real time communication with other users, such as a chat room or instant

messenger; and (iii) communicate with persons over eighteen years of

age; provided, however, that, for purposes of this subdivision, a

commercial social networking website shall not include a website that

permits users to engage in such other activities as are not enumerated

herein.

15-a. Notwithstanding any other provision of law, where a person is

serving a sentence for a violation of section 120.03, 120.04, 120.04-a,

125.12, 125.13 or 125.14 of the penal law, or a felony as defined in

paragraph (c) of subdivision one of section eleven hundred ninety-three

of the vehicle and traffic law, if such person is released on parole or

conditional release the board shall require as a mandatory condition of

such release, that such person install and maintain, in accordance with

the provisions of section eleven hundred ninety-eight of the vehicle and

traffic law, an ignition interlock device in any motor vehicle owned or

operated by such person during the term of such parole or conditional

release for such crime. Provided further, however, the board may not

otherwise authorize the operation of a motor vehicle by any person whose

license or privilege to operate a motor vehicle has been revoked

pursuant to the provisions of the vehicle and traffic law.

16. determine which incarcerated individuals serving a definite

sentence of imprisonment may be conditionally released from an

institution in which he or she is confined in accordance with

subdivision two of section 70.40 of the penal law.

17. within amounts appropriated, appoint attorneys to serve as its

legal advisors. Such attorneys shall report directly to the board,

provided, however, that administrative matters of general applicability

within the department shall be applicable to such attorneys.