senate Bill S7581

Changes the reporting requirements relative to restitution and fair treatment standards from annual to every two years; repealer

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Sponsor

Bill Status


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

  • 15 / May / 2014
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 11 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1305
  • 11 / Jun / 2014
    • SUBSTITUTED BY A5388

Summary

Changes the reporting requirements relative to restitution and fair treatment standards for the office of victims services from annual to every two years; consolidates reporting requirements regarding victims service programs; requires information collected by local and state probation departments relating to victim impact statements to be included in the biennial report.

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Bill Details

See Assembly Version of this Bill:
A5388
Versions:
S7581
Legislative Cycle:
2013-2014
Law Section:
Executive Law
Laws Affected:
Amd §623, Exec L; rpld §390.30 sub 5, amd §390.30, CP L; amd §351.1, Fam Ct Act
Versions Introduced in Previous Legislative Cycles:
2011-2012: A5811, A9025, A5811, A9025
2009-2010: A1380, A1380
2007-2008: A1110, A1110

Sponsor Memo

BILL NUMBER:S7581

TITLE OF BILL: An act to amend the executive law, the criminal
procedure law and the family court act, in relation to reporting
requirements of the office of victim services and to repeal
subdivision 5 of section 390.30 of the criminal procedure law relating
thereto

PURPOSE OR GENERAL IDEA OF THE BILL:

To change the reporting requirements relative to restitution and fair
treatment standards from each year to every two years.

SUMMARY OF SPECIFIC PROVISIONS:

This bill amends Executive Law Section 623 by requiring that reporting
regarding the manner in which the rights, needs and interests of crime
victims are being addressed is submitted biennially rather than
annually. A new subdivision 21 is added to section 623 setting forth
this biennial reporting requirement. Subdivisions 21 and 22 are
renumbered 22 and 23, respectively. Subdivision 5 of section 390.30 of
the Criminal Procedure Law and subdivision 7 of section 351.1 of the
Family Court Act are amended to provide that information collected by
local and state probation departments regarding restitution and victim
impact statements will be forwarded annually to the Office of Victim
Services for inclusion in its biennial report.

JUSTIFICATION:

If enacted this proposal would implement biennial reporting regarding
the manner in which the rights, needs and interests of crime victims
are being addressed by the criminal justice system. This reporting
requirement, which includes such issues as agency compliance with
Article 23 - Fair Treatment Standards for Crime Victims as well as the
usage and effect of victim impact statements as per section 390.30(5)
C.P.L. and section 351.1(7) of the Family Court Act an order of
restitution and their enforcement, would be better satisfied through
more meaningful analysis produced through biennial reporting.

PRIOR LEGISLATIVE HISTORY:

2012: A9025 - Passed Assembly
2011: A5811 - Passed Assembly
2009-10: A.1380 - Passed Assembly
2007-08; A.1110 - Passed Assembly

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately.

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

                                  7581

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced by Sen. ESPAILLAT -- 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, the criminal procedure  law  and  the
  family  court act, in relation to reporting requirements of the office
  of victim services and to repeal subdivision 5 of  section  390.30  of
  the criminal procedure law relating thereto

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

  Section 1.  Subdivision 20 of section 623 of  the  executive  law,  as
amended  by  section  8  of  part A-1 of chapter 56 of the laws of 2010,
paragraph (a) as separately amended by sections 37 and 71 of part  A  of
chapter 56 of the laws of 2010, is amended to read as follows:
  20.  To render each year to the governor and to the legislature, on or
before December first of each year, a written  report  on  the  office's
activities  including,  but not limited to, specific information on each
of the subdivisions of this  section[,  and  the  manner  in  which  the
rights,  needs and interests of crime victims are being addressed by the
state's criminal justice system. Such report shall also include, but not
be limited to:
  (a) Information transmitted by the office of probation and correction-
al alternatives under subdivision five of section 390.30 of the criminal
procedure law and subdivision seven of section 351.1 of the family court
act which the office shall compile, review and make  recommendations  on
how to promote the use of restitution and encourage its enforcement.
  (b)  Information relating to the implementation of and compliance with
article twenty-three of this chapter by the  criminal  justice  agencies
and the "crime victim-related agencies" of the state]. Such report shall
also  include  but  not be limited to information regarding crime victim
service programs, including:
  (1) the programs funded by the office;
  (2) other sources of funding for crime victims service programs;
  (3) an assessment of the adequacy of the current  level  of  appropri-
ation  to  the  office  to  meet  the  reasonable needs of crime victims

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09254-01-3

S. 7581                             2

service programs for funding under section six hundred  thirty-one-a  of
this article; and
  (4) an estimate of the reasonable needs of programs in the next fiscal
year.
  S  2.  Subdivisions  21 and 22 of section 623 of the executive law are
renumbered subdivisions 22 and 23 and a new subdivision 21 is  added  to
read as follows:
  21. TO RENDER BIENNIALLY TO THE GOVERNOR AND THE LEGISLATURE A WRITTEN
REPORT  ON  THE MANNER IN WHICH THE RIGHTS, NEEDS AND INTERESTS OF CRIME
VICTIMS ARE BEING ADDRESSED BY THE STATE'S CRIMINAL  JUSTICE  SYSTEM  TO
INCLUDE, BUT NOT BE LIMITED TO:
  (A)  INFORMATION  TRANSMITTED  BY  THE  STATE  OFFICE OF PROBATION AND
CORRECTIONAL ALTERNATIVES UNDER SUBDIVISION FIVE OF  SECTION  390.30  OF
THE CRIMINAL PROCEDURE LAW AND SUBDIVISION SEVEN OF SECTION 351.1 OF THE
FAMILY  COURT  ACT WHICH THE BOARD SHALL COMPILE, REVIEW AND MAKE RECOM-
MENDATIONS ON HOW TO PROMOTE THE USE OF RESTITUTION  AND  ENCOURAGE  ITS
ENFORCEMENT.
  (B)  INFORMATION RELATING TO THE IMPLEMENTATION OF AND COMPLIANCE WITH
ARTICLE TWENTY-THREE OF THIS CHAPTER BY THE  CRIMINAL  JUSTICE  AGENCIES
AND THE "CRIME VICTIM-RELATED AGENCIES" OF THE STATE.
  S 3. Subdivision 5 of section 390.30 of the criminal procedure law, as
amended  by  section  50 of part A of chapter 56 of the laws of 2010, is
REPEALED.
  S 4. Subdivision 5 of section 390.30 of the criminal procedure law, as
amended by section 29 of part A-1 of chapter 56 of the laws of 2010,  is
amended to read as follows:
  5.  Information  to  be  forwarded  to  the state [division] OFFICE of
probation and correctional alternatives.  Investigating  agencies  under
this  article  shall be responsible for the collection, and transmission
to the state [division] OFFICE of probation  and  correctional  alterna-
tives,  of data on the number of victim impact statements prepared. Such
information shall be  transmitted  annually  to  the  office  of  victim
services  and included in the office's [annual] BIENNIAL report pursuant
to subdivision [twenty] TWENTY-ONE of section six  hundred  twenty-three
of the executive law.
  S  5. Subdivision 7 of section 351.1 of the family court act, as sepa-
rately amended by section 54 of part A and sections 3 and 30 of part A-1
of chapter 56 of the laws of 2010, is amended to read as follows:
  7. The probation services  which  prepare  the  investigation  reports
shall  be  responsible for the collection and transmission to the office
of probation and correctional alternatives, of data  on  the  number  of
victim impact statements prepared. Such information shall be transmitted
annually  to  the office of victim services and included in the office's
[annual] BIENNIAL report pursuant to subdivision [twenty] TWENTY-ONE  of
section six hundred twenty-three of the executive law.
  S 6.  This act shall take effect immediately.

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