senate Bill S1966A

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

See Assembly Version of this Bill:
A9656
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, S600

Sponsor Memo

BILL NUMBER:S1966A

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 an e-mail or if
not available, 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.2851A of 2006 - Passed Senate.
S.5324 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--A

                       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 -- reported favorably
  from said committee and committed  to  the  Committee  on  Finance  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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 38-b of subpart A of part C of chapter 62 of the laws
of 2011, 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 ELEC-
TRONIC MAIL WHEN THE ELECTRONIC MAIL ADDRESS OF THE VICTIM OR VICTIMS IS
AVAILABLE,  AND  WHEN  IT  IS  NOT,  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04407-02-1

S. 1966--A                          2

  (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 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  ELECTRONIC  MAIL  WHEN  THE
ELECTRONIC  MAIL ADDRESS OF THE VICTIM OR VICTIMS IS AVAILABLE, AND WHEN
IT IS NOT, 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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