S T A T E O F N E W Y O R K
________________________________________________________________________
1821
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
___________
Introduced by M. of A. RABBITT, KOLB, ERRIGO, FINCH, CALHOUN, RAIA,
McDONOUGH, WALKER, McKEVITT -- Multi-Sponsored by -- M. of A. BURLING,
CROUCH, HYER-SPENCER -- read once and referred to the Committee on
Codes
AN ACT to amend the criminal procedure law and the executive law, in
relation to the rights of a crime victim at parole proceedings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 440.50 of the criminal procedure
law, as amended by chapter 186 of the laws of 2005, is amended to read
as follows:
1. (A) Upon the request of a victim of a crime, or in any event in all
cases in which the final disposition includes a conviction of a violent
felony offense as defined in section 70.02 of the penal law or a felony
defined in article one hundred twenty-five of such law, the district
attorney shall, within sixty days of the final disposition of the case,
inform the victim by letter of such final disposition. If such final
disposition results in the commitment of the defendant to the custody of
the department of correctional services for an indeterminate sentence,
the notice provided to the crime victim shall also inform the victim of
his or her right to [submit a written, audiotaped, or videotaped victim
impact statement to the state division of parole or to meet personally
with a member of the state board of parole at a time and place separate
from the personal interview between a member or members of the board and
the inmate and make such a statement, subject to procedures and limita-
tions contained in rules of the board, both] BE PRESENT AT PROCEEDINGS
OF THE STATE DIVISION OF PAROLE REGARDING RELEASE OF SUCH DEFENDANT. THE
VICTIMS SHALL ALSO BE NOTIFIED OF THEIR RIGHT TO PROVIDE AN ORAL OR
WRITTEN STATEMENT OR BOTH AT PROCEEDINGS OF THE BOARD, INCLUDING THE
PERSONAL INTERVIEW OF THE INMATE, AND THAT THEY WILL ALSO BE PROVIDED
THE OPPORTUNITY TO PRESENT THEIR VIEWS IN PERSON TO THE SAME MEMBER OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04082-01-9
A. 1821 2
THE BOARD WHO CONDUCTED THE INTERVIEW WITH THE INMATE AT A MUTUALLY
CONVENIENT LOCATION PRIOR TO THE DETERMINATION OF THE BOARD pursuant to
subdivision two of section two hundred fifty-nine-i of the executive
law. The right of the victim under this subdivision to submit a written
victim impact statement or to meet personally with a member of the state
board of parole applies to each personal interview between a member or
members of the board and the inmate.
(B) NOTIFICATION OF VICTIMS BY THE DISTRICT ATTORNEY PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION SHALL BE REQUIRED FOR THE FOLLOWING
OFFENSES: ANY VIOLENT FELONY OFFENSE DEFINED IN SECTION 70.02 OF THE
PENAL LAW, AN ATTEMPT TO COMMIT ANY SEX OFFENSE AND ANY SEX OFFENSE
DEFINED IN ARTICLE ONE HUNDRED THIRTY OR TWO HUNDRED SIXTY-THREE OF THE
PENAL LAW, AN ATTEMPT TO COMMIT INCEST AND INCEST AS DEFINED IN SECTION
255.25 OF THE PENAL LAW, MURDER IN THE SECOND DEGREE AS DEFINED IN
SECTION 125.25 OF THE PENAL LAW, AN ATTEMPT TO COMMIT MURDER IN THE
FIRST DEGREE AND MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.27
OF THE PENAL LAW, AN ATTEMPT TO COMMIT MANSLAUGHTER IN THE SECOND DEGREE
AND MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.15 OF
THE PENAL LAW, VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN
SECTION 125.13 OF THE PENAL LAW, VEHICULAR MANSLAUGHTER IN THE SECOND
DEGREE AS DEFINED IN SECTION 125.12 OF THE PENAL LAW, CRIMINALLY NEGLI-
GENT HOMICIDE AS DEFINED IN SECTION 125.10 OF THE PENAL LAW, KIDNAPPING
IN THE FIRST DEGREE AS DEFINED IN SECTION 135.25 OF THE PENAL LAW,
MENACING IN THE FIRST DEGREE AS DEFINED IN SECTION 120.13 OF THE PENAL
LAW, AND ARSON IN THE FIRST DEGREE AS DEFINED IN SECTION 150.20 OF THE
PENAL LAW.
S 2. Subparagraph (i) of paragraph (a) of subdivision 2 of section
259-i of the executive law, as separately amended by section 11 of part
E and section 9 of part F of chapter 62 of the laws of 2003, is amended
to read as follows:
(i) Except as provided in subparagraph (ii) of this paragraph, at
least one month prior to the date on which an inmate may be paroled
pursuant to subdivision one of section 70.40 of the penal law, a member
or members as determined by the rules of the board shall personally
interview such inmate and determine whether he should be paroled in
accordance with the guidelines adopted pursuant to subdivision four of
section two hundred fifty-nine-c of this article. IF PAROLE IS GRANTED,
A STATEMENT OF THE REASONS FOR GRANTING PAROLE SHALL BE STATED IN WRIT-
ING AND TRANSCRIPTS OF ALL INTERVIEWS SHALL BE PROVIDED, WITHIN A
REASONABLE TIME AFTER SUCH DECISION, TO A VICTIM OR VICTIM'S REPRESEN-
TATIVE WHO HAS FILED A STATEMENT PURSUANT TO PARAGRAPH (C) OF THIS
SUBDIVISION. If parole is not granted upon such review, the inmate shall
be informed in writing within two weeks of such appearance of the
factors and reasons for such denial of parole. Such reasons shall be
given in detail and not in conclusory terms. The board shall specify a
date not more than twenty-four months from such determination for recon-
sideration, and the procedures to be followed upon reconsideration shall
be the same. If the inmate is released, he shall be given a copy of the
conditions of parole. Such conditions shall where appropriate, include a
requirement that the parolee comply with any restitution order, mandato-
ry surcharge, sex offender registration fee and DNA databank fee previ-
ously imposed by a court of competent jurisdiction that applies to the
parolee. The board of parole shall indicate which restitution collection
agency established under subdivision eight of section 420.10 of the
criminal procedure law, shall be responsible for collection of restitu-
tion, mandatory surcharge, sex offender registration fees and DNA data-
A. 1821 3
bank fees as provided for in section 60.35 of the penal law and section
eighteen hundred nine of the vehicle and traffic law.
S 3. Paragraph (a) of subdivision 2 of section 259-i of the executive
law, as amended by chapter 396 of the laws of 1987, is amended to read
as follows:
(a) At least one month prior to the expiration of the minimum period
or periods of imprisonment fixed by the court or board, a member or
members as determined by the rules of the board shall personally inter-
view an inmate serving an indeterminate sentence and determine whether
he should be paroled at the expiration of the minimum period or periods
in accordance with the guidelines adopted pursuant to subdivision four
of section two hundred fifty-nine-c OF THIS ARTICLE. If parole is not
granted upon such review, the inmate shall be informed in writing within
two weeks of such appearance of the factors and reasons for such denial
of parole. Such reasons shall be given in detail and not in conclusory
terms. The board shall specify a date not more than twenty-four months
from such determination for reconsideration, and the procedures to be
followed upon reconsideration shall be the same. If the inmate is
released, he shall be given a copy of the conditions of parole. Such
conditions shall where appropriate, include a requirement that the paro-
lee comply with any restitution order and mandatory surcharge previously
imposed by a court of competent jurisdiction that applies to the paro-
lee. The board of parole shall indicate which restitution collection
agency established under subdivision eight of section 420.10 of the
criminal procedure law, shall be responsible for collection of restitu-
tion and mandatory surcharge as provided for in section 60.35 of the
penal law and section eighteen hundred nine of the vehicle and traffic
law. IF PAROLE IS GRANTED, A STATEMENT OF THE REASONS FOR GRANTING
PAROLE SHALL BE STATED IN WRITING AND TRANSCRIPTS OF ALL INTERVIEWS
SHALL BE PROVIDED, WITHIN A REASONABLE TIME AFTER SUCH DECISION, TO A
VICTIM OR VICTIM'S REPRESENTATIVE WHO HAS FILED A STATEMENT PURSUANT TO
PARAGRAPH (C) OF THIS SUBDIVISION.
S 4. This act shall take effect April 1, 2009; provided that the
amendments to paragraph (a) of subdivision 2 of section 259-i of the
executive law made by section two of this act shall be subject to the
expiration and reversion of such paragraph pursuant to section 74 of
chapter 3 of the laws of 1995, as amended, when upon such date the
provisions of section three of this act shall take effect.