New York's State Senate has a daunting task placed before them, deciding the fate of one of its members. The special committee to investigate Hiram Monserrate is poised to release its recommendations to the full Senate as to whether to exact some sort of punishment on the Queens lawmaker following his assault conviction. A number of his colleagues and advocacy groups have been calling for his resignation, but Monserrate remains unwilling to leave voluntarily. Erin Billups spoke with the downstate Senator and has more for us from the Capitol.

NEW YORK STATE -- The State Senate committee investigating Senator Hiram Monserrate in a domestic abuse case has finished its work and will be releasing its report later this week.

But committee members tell us the report will include more than one recommendation as to whether Monserrate should be removed from the Senate or merely censured for his actions stemming from a fight he had with his girlfriend while still a city councilman in December 2008.

A judge convicted Monserrate of reckless assault against his girlfriend, a misdemeanor charge and he was sentenced to probation.

After nearly ten weeks of investigation, committee members say that after pouring over countless documents, the evidence provides for little more than a sanction, which could mean anything from loss of his chairmanship post and all its financial perks to as little as a verbal censure in the form of a resolution on the Senate floor.

Austin Shafran, spokesman for the Senate, said, "at this point, the committee's report has not been finalized. The conference will not officially comment on draft reports."

We were able to catch up with Senator Monserrate Tuesday. He had little to say on the matter.

"I understand there has been no final report or consensus on the matter. Today, I was busy chairing a consumer protection hearing which we passed five pieces of legislation, three bills that I have introduced in the New York State Senate," Monserrate said.

"So you're going ahead with business as usual?" our reporter asked.

"I am here doing the good work that the people of the 13th Senate district sent me. I'm here working for the constituents I represent," Monserrate said.

Monserrate says in the end, it should be up to his constituents whether he stays in office. He faces a September primary challenge.

A spokesperson for Monserrate says there's a legal question as to whether the Senate has the authority to investigate him, given the incident occurred before he was sworn into office. The spokesman also wondered whether all lawmakers convicted of a misdemeanor will be subject to the same type of probe as Monserrate has.

Members of the bipartisan committee are expected to release the report on Thursday. Once the report is handed to Senate leaders, it will be up to them to decide what to do with the embattled lawmaker and whether to bring it to a floor vote.