There is a newer version of the New York Consolidated Laws
2006 New York Code - 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 inmates 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 of this article, and when and under what conditions; * NB Effective until September 1, 2007 * 1. have the power and duty of determining which inmates serving an indeterminate or determinate or a reformatory sentence of imprisonment may be released on parole and when and under what conditions; * NB Effective September 1, 2007 until September 1, 2009 * 1. have the power and duty of determining which inmates serving an indeterminate or a reformatory sentence of imprisonment may be released on parole and when and under what conditions; * NB Effective September 1, 2009 * 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, 2009 * 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 serving a definite sentence of imprisonment may be conditionally released and when and under what conditions; * NB Effective September 1, 2009 3. determine, as each inmate is received by the department of correctional services, the need for further investigation of the background of such inmate and 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 division pursuant to subdivision one of section two hundred fifty-nine-a and the complete criminal record and family court record of such inmate to be filed so as to be readily available when the parole of such inmate is being considered; 4. establish written guidelines for its use in making parole decisions as required by law, including the fixing of minimum periods of imprisonment or ranges thereof for different categories of offenders; 5. through its members, officers and employees, study or cause to be studied the inmates 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 presumptive release, parole, conditional release or post-release supervision status of any person and to authorize the issuance of a warrant for the re-taking of such persons; 7. have the power to grant and revoke certificates of relief from disabilities and certificates of good conduct as provided for by law; 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 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. in any case where a person is entitled to jail time credit under the provisions of paragraph (c) of subdivision three of section 70.40 of the penal law, to certify to the person in charge of the institution in which such person's sentence is being served the amount of such credit; 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; 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 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 168-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. have the duty to provide written notice to such inmates prior to release on presumptive release, parole, parole supervision, conditional release or post release supervision or pursuant to subdivision six of section 410.91 of the criminal procedure law of any requirement to report to the crime victims board any funds of a convicted person as defined in section six hundred thirty-two-a of this chapter, the procedure for such reporting and any potential penalty for a failure to comply.
Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.