2010 New York Code
EXC - Executive
Article 12-B - (259 - 259-S) STATE DIVISION OF PAROLE
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 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 or section two hundred fifty-nine-s of
  this article, and when and under what conditions;
    * NB Effective until September 1, 2011
    * 1. have the power and duty of determining which inmates  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, 2011
    * 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, 2011
    * 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, 2011
    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.
  Such written guidelines may  consider  the  use  of  a  risk  and  needs
  assessment  instrument to assist members of the state board of parole in
  determining which inmates may be released to parole supervision;
    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, 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.  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 office of victim services 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.
    17. have the  duty,  prior  to  the  release,  parole  or  release  to
  post-release  supervision  of  an inmate designated a level two or three
  sex offender pursuant to the sex offender registration act,  to  provide
  notification  to  the  local  social  services district in the county in
  which the inmate expects to reside, when information  available  to  the
  board  pursuant  to  section one hundred sixty-eight-e of the correction
  law or any other pre-release procedures indicates that  such  inmate  is
  likely to seek to access local social services for homeless persons. The
  board  shall  provide such notice, when practicable, thirty days or more
  before such inmate's release, but in  any  event,  in  advance  of  such
  inmate's  arrival  in  the  jurisdiction  of  such local social services
  district.