senate Bill S1966

Amended

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Jan / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 03 / May / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 24 / May / 2011
    • AMEND AND RECOMMIT TO FINANCE
  • 24 / May / 2011
    • PRINT NUMBER 1966A
  • 13 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 14 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1204
  • 14 / Jun / 2011
    • PASSED SENATE
  • 14 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2011
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 07 / Mar / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 12 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1180
  • 12 / Jun / 2012
    • PASSED SENATE
  • 12 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2012
    • REFERRED TO GOVERNMENTAL OPERATIONS

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.

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Bill Details

Versions:
S1966
S1966A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd ยง259-c, Exec L
Versions Introduced in 2009-2010 Legislative Cycle:
S600

Sponsor Memo

BILL NUMBER:S1966

TITLE OF BILL:
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

PURPOSE:
Provides that where an inmate to be
conditionally released was convicted of a domestic violence offense, the
Board of Parole shall notify the victim of such offense of the release
and the conditions of such release; provides such notice may also be
required to be sent to a shelter for victims of domestic violence.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a
notification requirement to the process of conditionally releasing
prisoners from jail whereby the Board of Parole is required to send a
letter by certified mail to the victim.

JUSTIFICATION:
Domestic violence continues to be one
of the most troubling problems facing New York. One of the complexities
of this issue is that the perpetrator is often a repeat offender, unable
or unwilling to moderate their behavior and control their anger. Because
of this dysfunction, domestic violence offenders often immediately seek
out the person who originally had the courage to press charges. It is
imperative that New York State adopt a policy to ensure that victims are
notified of their attackers' release.

LEGISLATIVE HISTORY:
S.2851-A of 2006: Passed Senate;
S.45324 of 2007/2008: Passed Senate
S.600 of 2009/10

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
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 section two of this act shall take effect; and shall apply to all
inmates conditionally released on or after the effective date of this
act.

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

                                  1966

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced by Sens. MARCELLINO, GOLDEN, JOHNSON, LARKIN, MAZIARZ -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Crime Victims, Crime and Correction

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 OF WHETHER SUCH
PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04407-01-1

S. 1966                             2

  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:
  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 OF 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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