Provides for a right to representation by counsel in any proceeding where an incarcerated individual is under consideration for release on parole and where such incarcerated individual is financially unable to retain counsel.
Summary
S01644 would create a statutory right to assigned counsel for an incarcerated person who is being considered for parole release and cannot afford to hire a lawyer. The bill adds a new section to the Executive Law requiring a court to appoint counsel in parole-release proceedings for financially eligible incarcerated individuals, using the existing county or city assigned-counsel plans under Article 18-B of the County Law.
In practical terms, the measure would extend legal representation into parole hearings for indigent people in custody, rather than leaving them to proceed without counsel. The appointment authority would rest with the criminal court of the City of New York, county court, or district court in the county where the facility is located or where the proceeding is held, and the bill would take effect on March 1 after becoming law.
Impact
The bill would amend the Executive Law by adding a new section 259-u, creating an enforceable right to counsel in parole-release proceedings for incarcerated individuals who are financially unable to retain representation. It would require local courts to assign counsel through existing county or city indigent-defense systems under Article 18-B of the County Law, potentially increasing the workload and costs for those systems while expanding procedural protections for parole applicants.
Sentiment
The available voting history suggests the bill has at least some support but is not unanimous: the Senate Crime Victims, Crime and Correction Committee vote was 5-2 in favor. That indicates a generally favorable committee reception, likely reflecting support for expanding access to counsel, while also showing that some members had reservations about the proposal.
Contention
The main point of contention is likely whether parole-release proceedings should carry a guaranteed right to counsel and who should bear the administrative and fiscal burden of providing it. Supporters would view the bill as a due-process and fairness measure for indigent incarcerated people, while opponents may be concerned about added costs to local assigned-counsel systems, increased procedural complexity, or the broader policy implications of expanding legal rights in parole matters. The split committee vote suggests disagreement over those issues rather than over the bill’s basic mechanics.
Provides for a right to representation by counsel in any proceeding where an incarcerated individual is under consideration for release on parole and where such incarcerated individual is financially unable to retain counsel.
Requires mental health services for incarcerated individuals with mental health issues related to the trauma of incarceration upon reentry and reintegration into society upon release.
Relates to incarcerated individual interviews by the state board of parole; requires such parole board interviews of incarcerated individuals to be conducted in person and in the correctional facility where such incarcerated individual is housed.