2012 New York Consolidated Laws
EXC - Executive
Article 12-B - (259 - 259-S) STATE BOARD 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, 2013
    * 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, 2013
    * 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, 2013
    * 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, 2013
    3. determine, as each inmate is received by the department,  the  need
  for  further  investigation  of the background of such inmate. 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 inmate to be filed so as to be readily available when the parole of
  such inmate 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 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 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 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. to facilitate the supervision of all inmates 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  inmates  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;
    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  inmates  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.