senate Bill S1481

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 pdf

Sponsor

Co-Sponsors

Bill Status


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

actions

  • 09 / Jan / 2013
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 12 / Feb / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jun / 2013
    • 1ST REPORT CAL.990
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2013
    • PASSED SENATE
  • 11 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2013
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 27 / Feb / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 11 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1284
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • 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.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A9669
Versions:
S1481
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd ยง259-c, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1966A, S1966A
2009-2010: S600, S600

Sponsor Memo

BILL NUMBER:S1481

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.2851-A of 2006: Passed Senate.
S.5324 of
2007/2008: Passed Senate. S.600 of 2009/10. S.1966-A: Passed Senate.

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
________________________________________________________________________

                                  1481

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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 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;
  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03284-01-3

S. 1481                             2

  (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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.