senate Bill S5542

Requires that notice be given to the district attorney and crime victim 30 days before parole hearings and release of inmates

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

  • 16 / May / 2013
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 04 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 17 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 17 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1396
  • 17 / Jun / 2013
    • PASSED SENATE
  • 17 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2013
    • REFERRED TO CODES
  • 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.1295
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO CODES

Summary

Requires that notice be given to the district attorney and crime victim 30 days before parole hearings and release of inmates.

do you support this bill?

Bill Details

Versions:
S5542
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Amd §259-i, Exec L; amd §440.50, CP L

Sponsor Memo

BILL NUMBER:S5542

TITLE OF BILL: An act to amend the executive law and the criminal
procedure law, in relation to the provision of notice to crime victims
or crime victim's representatives, and the office of the district
attorney prior to the conduct of a parole hearing or the release of an
inmate from the custody of the department of corrections and community
supervision

PURPOSE: To require that notice be given to the district attorney and
crime victim 30 days before parole hearings and release of inmates.

SUMMARY OF PROVISIONS:

Section 1. This act shall be known as Susan's Law.

Section 2. Subdivision 2 of section 259-i of the executive law is
amended by adding two new paragraphs (a-I) and (f) which require the
State Board of Parole to notify the district attorney and crime victim
or victim's representatives no less than 30 days prior to conducting
an interview of an inmate and/or release of an inmate by certified
mail, return receipt requested in the most expeditious electronic
means possible.

Section 3. Section 440.50 of the criminal procedure law is amended by
adding a new subdivision 4 stating no less than 30 days prior to
conducting an interview of an inmate the State Board of Parole shall
provide notice of the interview to the district attorney and provide
notice of the interview to the victim or victim's representatives by
certified mail, return receipt requested in the most expeditious
electronic means possible. In addition, no less than 30 days prior to
the release of any inmate, the Department of Corrections shall notify
the district attorney that prosecuted such inmate as well as the
victim in the same manner as provided above. Section 4 - Sets forth
the effective date.

JUSTIFICATION: Crime victims and their families need to be assured
that they will be notified if they so choose when the inmate related
to such crime is going before the parole board for early release so
they can appear before the board or submit victim impact statement
letters. With the advancement in technology it is important that the
most expedient electronic means of communication is used to notify the
victim, victim's family and the district attorney in addition to a
letter being, sent in the mail. Mail from the parole board with such
information will now have to be sent by certified mail, return receipt
requested, to make sure that such information is received by the
intended recipient. In addition, this same procedure will be followed
again should the inmate be granted parole as a result of such hearing
at least 30 days prior to being released. Crime victims and their
families suffer long after the vicious actions of individuals
convicted of such crimes. Therefore, it is of the utmost importance to
make sure they are notified as quickly as possible of any movement to
consider or actually release an inmate so such victim or family
members may prepare themselves emotionally for such occurrence.

LEGISLATIVE HISTORY: New legislation.


FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  5542

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  GRIFFO -- 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 and the criminal procedure law, in
  relation to the provision of notice to crime victims or crime victim's
  representatives, and the office of the district attorney prior to  the
  conduct  of  a  parole  hearing  or  the release of an inmate from the
  custody of the department of corrections and community supervision

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

  Section  1.  Short  title. This act shall be known and may be cited as
"Susan's law".
  S 2. Subdivision 2 of section 259-i of the executive law is amended by
adding two new paragraphs (a-1) and (f) to read as follows:
  (A-1) NOT LESS THAN THIRTY DAYS PRIOR TO CONDUCTING OF AN INTERVIEW OF
AN INMATE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE STATE BOARD
OF PAROLE SHALL PROVIDE NOTICE OF THE TIME, DATE, LOCATION  AND  PURPOSE
OF  SUCH  INTERVIEW BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND THE
MOST EXPEDITIOUS ELECTRONIC MEANS POSSIBLE TO THE OFFICE OF THE DISTRICT
ATTORNEY WHICH PROSECUTED SUCH INMATE  AND  THE  CRIME  VICTIM  OF  SUCH
INMATE OR SUCH VICTIM'S REPRESENTATIVE AS DEFINED IN SUBPARAGRAPH (A) OF
PARAGRAPH (C) OF THIS SUBDIVISION.
  (F)  NOT LESS THAN THIRTY DAYS PRIOR TO THE RELEASE OF ANY INMATE FROM
THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, AND COMMUNITY SUPERVISION,
SUCH DEPARTMENT SHALL PROVIDE NOTICE THEREOF BY CERTIFIED  MAIL,  RETURN
RECEIPT REQUESTED, AND THE MOST EXPEDITIOUS ELECTRONIC MEANS POSSIBLE TO
THE OFFICE OF THE DISTRICT ATTORNEY WHICH PROSECUTED SUCH INMATE AND THE
CRIME  VICTIM  OF SUCH INMATE OR SUCH VICTIM'S REPRESENTATIVE AS DEFINED
IN SUBPARAGRAPH (A) OF PARAGRAPH (C) OF THIS SUBDIVISION.
  S 3. Section 440.50 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11146-01-3

S. 5542                             2

  4. (A) NOT LESS THAN THIRTY DAYS PRIOR TO THE CONDUCTING OF AN  INTER-
VIEW  OF  AN  INMATE  PURSUANT  TO  PARAGRAPH  (A) OF SUBDIVISION TWO OF
SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW, THE  STATE  BOARD
OF  PAROLE  SHALL PROVIDE NOTICE OF THE TIME, DATE, LOCATION AND PURPOSE
OF  SUCH  INTERVIEW BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND THE
MOST EXPEDITIOUS ELECTRONIC MEANS POSSIBLE TO THE OFFICE OF THE DISTRICT
ATTORNEY THAT PROSECUTED SUCH  INMATE.  THEREAFTER,  SUCH  OFFICE  SHALL
IMMEDIATELY PROVIDE NOTICE OF SUCH INTERVIEW TO THE VICTIM.
  (B)  NOT LESS THAN THIRTY DAYS PRIOR TO THE RELEASE OF ANY INMATE FROM
THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION,
SUCH  DEPARTMENT  SHALL PROVIDE NOTICE THEREOF BY CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, AND THE MOST EXPEDITIOUS ELECTRONIC MEANS POSSIBLE TO
THE OFFICE OF THE DISTRICT ATTORNEY THAT PROSECUTED SUCH INMATE.  THERE-
AFTER, SUCH OFFICE SHALL IMMEDIATELY PROVIDE NOTICE OF SUCH  RELEASE  TO
THE VICTIM.
  S 4. This act shall take effect immediately.

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.