Assembly Bill A3033

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

                                  3033

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by  M.  of  A.  CHRISTENSEN, KOON, GUNTHER, GALEF, JAFFEE --
  Multi-Sponsored by -- M.  of A. CANESTRARI, HOOPER, HOYT,  HYER-SPENC-
  ER,  JOHN, MAGEE, McENENY, ORTIZ, PHEFFER -- read once and referred to
  the Committee on Governmental Operations

AN ACT to amend the executive law, in relation to certain  notifications
  to crime victims

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

  Section 1.  Section 259-c of the executive law is amended by adding  a
new closing paragraph to read as follows:
  UPON  THE REQUEST OF A CRIME VICTIM THAT SUCH CRIME VICTIM BE NOTIFIED
OF ANY PAROLE RELEASE INTERVIEW TO BE CONDUCTED PURSUANT TO  THIS  CHAP-
TER,  CONCERNING THE PERPETRATOR OF THE CRIME AGAINST SUCH CRIME VICTIM,
SUCH NOTIFICATION SHALL BE FORWARDED BY FIRST CLASS MAIL  TO  THE  CRIME
VICTIM'S  LAST  KNOWN  ADDRESS,  NOT LATER THAN SIXTY DAYS PRIOR TO SUCH
INTERVIEW OR ANY DATE TO WHICH SUCH HEARING  HAS  BEEN  ADJOURNED.  SUCH
NOTICE  SHALL CLEARLY IDENTIFY THE NATURE OF THE INTERVIEW, THE LOCATION
AND TIME OF SAME, AND SHALL INFORM SUCH CRIME  VICTIM  THAT  HE  OR  SHE
SHALL  BE PERMITTED TO SUBMIT A WRITTEN, AUDIOTAPED, OR VIDEOTAPED CRIME
VICTIM IMPACT STATEMENT TO THE STATE  DIVISION  OF  PAROLE  OR  TO  MEET
PERSONALLY  WITH  A  MEMBER OR MEMBERS OF THE STATE BOARD OF PAROLE AT A
TIME AND PLACE SEPARATE FROM THE PERSONAL INTERVIEW BETWEEN A MEMBER  OR
MEMBERS  OF  THE STATE BOARD OF PAROLE, AND THAT THE CRIME VICTIM IMPACT
STATEMENT WILL BE CONSIDERED BY THE STATE BOARD OF PAROLE AT SUCH  HEAR-
ING.  "CRIME VICTIM", FOR PURPOSES OF THIS PARAGRAPH, SHALL MEAN (A) ONE
WHO  HAS  SUSTAINED  PHYSICAL  OR FINANCIAL INJURY TO PERSON OR PROPERTY
DIRECTLY ATTRIBUTABLE TO THE CRIMINAL CONDUCT FOR WHICH THE  INMATE  HAS
BEEN  INCARCERATED; (B) THE WIDOW, WIDOWER OR CLOSEST SURVIVING RELATIVE
OF A DECEASED VICTIM; (C) IN THE EVENT OF A CRIME VICTIM  WHO  IS  PHYS-
ICALLY OR MENTALLY INCAPACITATED, THE SPOUSE, PARENT, COMMITTEE, CONSER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01788-01-9

              

A. 3033                             2

VATOR,  OR  GUARDIAN  OF SUCH VICTIM; OR (D) THE LEGAL REPRESENTATIVE OF
SUCH VICTIM.
  S  2. Subdivision 14 of section 259-c of the executive law, as amended
by chapter 320 of the laws of 2006, is amended to read as follows:
  14. notwithstanding any other provision of law to the contrary,  where
a  person  serving  a  sentence  for  an  offense defined in article one
hundred thirty, one hundred thirty-five or two  hundred  sixty-three  of
the  penal  law or section 255.25, 255.26 or 255.27 of the penal law and
the victim of such offense was under the age of eighteen at the time  of
such offense or such person has been designated a level three sex offen-
der  pursuant to subdivision six of section one hundred sixty-eight-l of
the correction law, is released on parole or conditionally  released  OR
PRESUMPTIVELY  RELEASED  pursuant  to  subdivision  one  or  two of this
section, the board shall require,  as  a  mandatory  condition  of  such
release,  that  such  sentenced  offender  shall  refrain from knowingly
entering into or upon any school grounds, as that  term  is  defined  in
subdivision  fourteen  of  section 220.00 of the penal law, or any other
facility or institution primarily used for  the  care  or  treatment  of
persons  under  the  age  of  eighteen while one or more of such persons
under the age of eighteen are present, provided however, that when  such
sentenced offender is a registered student or participant or an employee
of such facility or institution or entity contracting therewith or has a
family  member  enrolled in such facility or institution, such sentenced
offender may, with the written authorization of his or her parole  offi-
cer  and  the  superintendent  or  chief administrator of such facility,
institution or grounds, enter such facility, institution  or  upon  such
grounds  for  the  limited purposes authorized by the parole officer and
superintendent or chief officer.  Nothing in this subdivision  shall  be
construed as restricting any lawful condition of supervision that may be
imposed on such sentenced offender.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.