NY State Senate Bill 2021-S7412

Senate Bill S7412

2021-2022 Legislative Session

Relates to providing notice to the crime victim or victim's representative that a parolee or releasee is being discharged or released

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to crime victims, crime and correction
Oct 01, 2021	referred to rules

co-Sponsors

2021-S7412 (ACTIVE) - Details

See Assembly Version of this Bill:: A8812
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §259-j, Exec L; amd §410.90, CP L
Versions Introduced in 2023-2024 Legislative Session:: S7788, A5703

2021-S7412 (ACTIVE) - Summary

Requires the parole board to provide notice to the crime victim or victim's representative that a parolee or releasee is being discharged or released.

2021-S7412 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7412

SPONSOR: WEIK
 
TITLE OF BILL:

An act to amend the executive law and the criminal procedure law, in
relation to providing notice to the crime victim or victim's represen-
tative that a parolee or releasee is being discharged or released

 
PURPOSE:

To provide that when a parolee or release is being discharged or
released from parole or community supervision that the crime victim or
their representative be provided notice and that any determination of
the same consider any prior victims impact statements.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 259-j of the executive law to provide the board
of parole when making a determination of a discharge to presumptive
release, parole, conditional release or post-release supervision it

provides notice of the same to the crime victim or their representative
and it considers any previous victim impact statements.

Section 2 amends section 410.90 of the criminal procedure law to provide
that a court when considering a petition to terminate a period of
probation or lifetime probation it must consider prior victims impact
statements and that notice has been made to the crime victim or their
representative.

 
JUSTIFICATION:

Currently, the parole board must consider victim impact statements from
the crime victim or the victim's representative only when an inmate is
first being considered for parole. If the individual is granted parole
and otherwise put on supervision, probation or some other post-convic-
tion release, the crime victim or their representative is not provided
with notice that the individual has had their post-conviction release
terminated nor must the court or parole board again consider their
victims impact statements. This legislation would again give voice to
crime victims to ensure that they are informed when the parolee or
releasee is fully released and that at every step of the way the voice
of the victim is considered.

 
LEGISLATIVE HISTORY:

2021: New bill

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take 60 days after it becomes law.

2021-S7412 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7412
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              October 1, 2021
                                ___________
 
 Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law and the  criminal  procedure  law,  in
   relation to providing notice to the crime victim or victim's represen-
   tative that a parolee or releasee is being discharged or released

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 259-j of the executive law, as amended  by  section
 38-g  of  subpart  A  of  part  C  of chapter 62 of the laws of 2011, is
 amended to read as follows:
   § 259-j. Discharge of sentence. 1. Except where a determinate sentence
 was imposed for a felony other than a  felony  defined  in  article  two
 hundred  twenty  or  article two hundred twenty-one of the penal law, if
 the board of  parole  is  satisfied  that  an  absolute  discharge  from
 presumptive  release, parole, conditional release or release to a period
 of post-release supervision is in the best  interests  of  society,  the
 board  may  grant  such  a discharge prior to the expiration of the full
 term or maximum term to any person who has been on  unrevoked  community
 supervision  for  at  least three consecutive years. A discharge granted
 under this section shall constitute a termination of the  sentence  with
 respect  to  which  it  was  granted. No such discharge shall be granted
 unless: (A) the board is satisfied that the parolee or releasee,  other-
 wise  financially  able  to  comply with an order of restitution and the
 payment of any mandatory surcharge, sex offender registration fee or DNA
 databank fee previously imposed by a court  of  competent  jurisdiction,
 has  made  a good faith effort to comply therewith; (B) THE CRIME VICTIM
 OR VICTIM'S REPRESENTATIVE IS PROVIDED NOTICE THAT THE DISCHARGED  PARO-
 LEE  OR  RELEASEE  IS HAVING HIS OR HER SENTENCE DISCHARGED; AND (C) THE
 BOARD CONSIDERS ANY CURRENT OR FORMER STATEMENTS MADE TO IT BY  A  CRIME
 VICTIM  OR VICTIM'S REPRESENTATIVE PURSUANT TO PARAGRAPH (C) OF SUBDIVI-
 SION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13232-02-1

 S. 7412                             2
 
   2. The chairman of the board of  parole  shall  promulgate  rules  and
 regulations  governing:  (A)  the  issuance of discharges from community
 supervision pursuant to this section to assure that such discharges  are
 consistent  with public safety; AND (B) THE NOTICE PROVIDED TO THE CRIME
 VICTIM  OR VICTIM'S REPRESENTATIVE THAT THE PAROLEE OR RELEASEE IS BEING
 DISCHARGED FROM COMMUNITY SUPERVISION.
   3. Notwithstanding any other provision of this section to the  contra-
 ry, where a term of post-release supervision in excess of five years has
 been  imposed  on  a  person convicted of a crime defined in article one
 hundred thirty of the penal law, including a sexually motivated  felony,
 the  board of parole may grant a discharge from post-release supervision
 prior to the expiration of the maximum term of post-release supervision.
 Such a discharge may be granted only after  the  person  has  served  at
 least  five  years of post-release supervision, and only to a person who
 has been on  unrevoked  post-release  supervision  for  at  least  three
 consecutive  years.  No such discharge shall be granted unless the board
 of parole or the department acting pursuant to its responsibility  under
 subdivision  one  of  section  two  hundred  one  of  the correction law
 consults with any  licensed  psychologist,  qualified  psychiatrist,  or
 other  mental  health professional who is providing care or treatment to
 the supervisee; and the board: (a)  determines  that  a  discharge  from
 post-release  supervision is in the best interests of society; [and] (b)
 is satisfied that the supervisee, otherwise financially able  to  comply
 with an order of restitution and the payment of any mandatory surcharge,
 sex offender registration fee, or DNA [data bank] DATABANK fee previous-
 ly  imposed  by a court of competent jurisdiction, has made a good faith
 effort to comply therewith; (C) NOTIFIES THE CRIME  VICTIM  OR  VICTIM'S
 REPRESENTATIVE  THAT  THE INDIVIDUAL IS BEING RELEASED FROM POST-RELEASE
 SUPERVISION; AND (D) CONSIDERS ANY CURRENT OR PRIOR STATEMENTS  MADE  TO
 IT  BY  A CRIME VICTIM OR VICTIM'S REPRESENTATIVES PURSUANT TO PARAGRAPH
 (C) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTI-
 CLE. Before making a determination to discharge a person from  a  period
 of  post-release  supervision,  the board of parole may request that the
 commissioner of the office of mental health arrange a psychiatric evalu-
 ation of the supervisee. A discharge granted under  this  section  shall
 constitute  a  termination  of the sentence with respect to which it was
 granted.
   § 2. Section 410.90 of the criminal procedure law is amended by adding
 a new subdivision 4 to read as follows:
   4. IN NO EVENT MAY A COURT TERMINATE A PERIOD OF PROBATION OR A  LIFE-
 TIME PROBATION PURSUANT TO THIS SECTION UNLESS:
   (A)  NOTICE  IS PROVIDED TO THE CRIME VICTIM OR THE VICTIM'S REPRESEN-
 TATIVE THAT THE DEFENDANT'S PROBATION IS BEING TERMINATED; AND
   (B) THE COURT CONSIDERS ANY CURRENT OR FORMER STATEMENTS MADE  BY  THE
 CRIME  VICTIM  OR  VICTIM'S  REPRESENTATIVE PURSUANT TO PARAGRAPH (C) OF
 SUBDIVISION TWO OF SECTION TWO HUNDRED  FIFTY-NINE-I  OF  THE  EXECUTIVE
 LAW.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on  its effective date are authorized to be made on or before
 such date.

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Senate Bill S7412

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Sponsored By

Alexis Weik