2023 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, 2025
* 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, 2025
* 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, 2025
* 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, 2025
3. 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.