NY Exec L § 259-C (2021)
2021 New York Laws EXC - Executive Article 12-B - 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 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, 2023* 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, 2023* 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, 2023* 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, 20233. 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.