S T A T E O F N E W Y O R K
________________________________________________________________________
1380
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DESTITO, MAYERSOHN, GALEF, MARKEY -- Multi-Spon-
sored by -- M. of A. KOON, LUPARDO, PEOPLES-STOKES -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the executive law, the criminal procedure law and the
family court act, in relation to reporting requirements of the crime
victims board and to repeal subdivision 3 of section 631-a of the
executive 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
added by chapter 688 of the laws of 1985, paragraph (a) as amended by
chapter 418 of the laws of 1986, 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 board'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 state division 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]. SUCH REPORT
SHALL ALSO INCLUDE BUT NOT BE LIMITED TO INFORMATION REGARDING CRIME
VICTIM SERVICE PROGRAMS, INCLUDING:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A LBD03449-01-9
A. 1380 2
(A) THE PROGRAMS FUNDED BY THE BOARD;
(B) OTHER SOURCES OF FUNDING FOR CRIME VICTIMS SERVICE PROGRAMS;
(C) AN ASSESSMENT OF THE ADEQUACY OF THE CURRENT LEVEL OF APPROPRI-
ATION TO THE BOARD TO MEET THE REASONABLE NEEDS OF CRIME VICTIM SERVICE
PROGRAMS FOR FUNDING UNDER SECTION SIX HUNDRED THIRTY-ONE-A OF THIS
ARTICLE; AND
(D) 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 DIVISION 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 3 of section 631-a of the executive law is REPEALED.
S 4. Subdivision 5 of section 390.30 of the criminal procedure law, as
added by chapter 14 of the laws of 1985, is amended to read as follows:
5. Information to be forwarded to the state division of probation AND
CORRECTIONAL ALTERNATIVES. Investigating agencies under this article
shall be responsible for the collection, and transmission to the state
division of probation AND CORRECTIONAL ALTERNATIVES, of data on the
number of victim impact statements prepared[, pursuant to regulations of
the division]. Such information shall be transmitted ANNUALLY to the
crime victims board and included in the board's [annual] BIENNIAL report
pursuant to subdivision [twenty] TWENTY-ONE of section six hundred twen-
ty-three of the executive law.
S 5. Subdivision 7 of section 351.1 of the family court act, as added
by chapter 418 of the laws of 1986, 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 state
division of probation and correctional alternatives, of data on the
number of victim impact statements prepared[, pursuant to regulations of
the division]. Such information shall be transmitted ANNUALLY to the
crime victims board and included in the board's [annual] BIENNIAL report
pursuant to subdivision [twenty] TWENTY-ONE of section six hundred twen-
ty-three of the executive law.
S 6. This act shall take effect immediately.