US Laws, Codes, Statutes & Cases

 
    § 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.