NY State Assembly Bill 2009-A10046

Assembly Bill A10046

2009-2010 Legislative Session

Requires notification to victims upon the conditional release of an inmate convicted of a crime against a member of the same family or household

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 28, 2010	held for consideration in codes
May 21, 2010	reference changed to codes
Feb 26, 2010	referred to governmental operations

2009-A10046 (ACTIVE) - Details

See Senate Version of this Bill:: S600
Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Amd §259-c, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1966
2013-2014: S1481
2015-2016: S449
2017-2018: S1186

2009-A10046 (ACTIVE) - Summary

Requires the state board of parole to provide notification to victims upon the conditional release of an inmate convicted of a crime against a member of the same family or household.

2009-A10046 (ACTIVE) - Sponsor Memo

2009-A10046 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10046

                          I N  A S S E M B L Y

                            February 26, 2010
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the  executive  law,  in  relation  to  notification  of
  certain persons upon the conditional release of an inmate convicted of
  a crime against a member of the same family or household

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 2 of section 259-c of the  executive  law,  as
amended  by  section  7  of part E of chapter 62 of the laws of 2003, is
amended to read as follows:
  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. WHERE AN INMATE  TO  BE  CONDI-
TIONALLY  RELEASED  WAS  CONVICTED OF A CRIME AND THE VICTIM IS OR WAS A
MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE INMATE  IT  SHALL  BE  THE
DUTY  OF  THE BOARD AT LEAST ONE WEEK PRIOR TO THE RELEASE TO NOTIFY THE
VICTIM OR VICTIMS OF SUCH OFFENSE, UNLESS THE VICTIM REFUSES OR  HIS  OR
HER  WHEREABOUTS  ARE  UNKNOWN, THAT THE INMATE IS BEING RELEASED AND OF
THE CONDITIONS OF SUCH RELEASE.  SUCH  NOTIFICATION  SHALL  BE  SENT  BY
CERTIFIED  MAIL TO THE LAST KNOWN ADDRESS OF THE VICTIM OR VICTIMS. WHEN
SUCH ADDRESS IS A SHELTER FOR VICTIMS OF  DOMESTIC  ABUSE  NOTICE  SHALL
ALSO  BE  GIVEN  TO  THE  DIRECTOR OR ADMINISTRATOR OF SUCH SHELTER. FOR
PURPOSES OF THIS SUBDIVISION, "MEMBERS OF THE SAME FAMILY OR  HOUSEHOLD"
SHALL MEAN THE FOLLOWING:
  (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER;
  (D)  PERSONS  WHO  HAVE  A  CHILD  IN  COMMON, REGARDLESS WHETHER SUCH
PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
  S 2. Subdivision 2 of section 259-c of the executive law, as separate-
ly amended by chapter 904 of the laws of 1977 and chapter 1 of the  laws
of 1998, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04947-01-9

A. 10046                            2

  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. WHERE AN INMATE TO BE CONDITIONALLY RELEASED  WAS
CONVICTED OF A CRIME AND THE VICTIM IS OR WAS A MEMBER OF THE SAME FAMI-
LY OR HOUSEHOLD AS THE INMATE IT SHALL BE THE DUTY OF THE BOARD AT LEAST
ONE  WEEK  PRIOR  TO THE RELEASE TO NOTIFY THE VICTIM OR VICTIMS OF SUCH
OFFENSE, UNLESS THE  VICTIM  REFUSES  OR  HIS  OR  HER  WHEREABOUTS  ARE
UNKNOWN, THAT THE INMATE IS BEING RELEASED AND OF THE CONDITIONS OF SUCH
RELEASE.  SUCH  NOTIFICATION SHALL BE SENT BY CERTIFIED MAIL TO THE LAST
KNOWN ADDRESS OF THE VICTIM OR VICTIMS. WHEN SUCH ADDRESS IS  A  SHELTER
FOR VICTIMS OF DOMESTIC ABUSE NOTICE SHALL ALSO BE GIVEN TO THE DIRECTOR
OR  ADMINISTRATOR  OF  SUCH  SHELTER.  FOR PURPOSES OF THIS SUBDIVISION,
"MEMBERS OF THE SAME FAMILY OR HOUSEHOLD" SHALL MEAN THE FOLLOWING:
  (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER;
  (D) PERSONS WHO HAVE  A  CHILD  IN  COMMON,  REGARDLESS  WHETHER  SUCH
PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided that the  amendments  to  subdivision  2  of
section  259-c  of  the  executive law, made by section one of this act,
shall not affect the expiration and reversion of  such  subdivision  and
shall  expire  therewith,  when upon such date the provisions of section
two of this act shall take effect; and shall apply to all inmates condi-
tionally released on or after the effective date of this act.

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