Assembly Bill A3216

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

                                  3216

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by  M. of A. EDDINGTON, GALEF, JOHN -- Multi-Sponsored by --
  M. of A. ALFANO -- read once and referred to the Committee on Codes

AN ACT to amend the family court act and the criminal procedure law,  in
  relation  to  providing certain victims of sex offenses with notice of
  the custodial status of their offenders in certain cases

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

  Section  1.  The  family  court act is amended by adding a new section
351.2 to read as follows:
  S 351.2. SEX OFFENDER VICTIM NOTIFICATION.   1. FOLLOWING  A  DETERMI-
NATION  THAT  A  RESPONDENT  HAS COMMITTED OR ATTEMPTED TO COMMIT AN ACT
THAT WOULD CONSTITUTE A CRIME AS DEFINED IN ARTICLE ONE  HUNDRED  THIRTY
OF THE PENAL LAW IF COMMITTED BY AN ADULT AND PRIOR TO THE DISPOSITIONAL
HEARING,  THE  PRESENTMENT  AGENCY SHALL PROVIDE THE VICTIM WITH A FORM,
PREPARED AND DISTRIBUTED BY THE OFFICE OF CHILDREN AND FAMILY  SERVICES,
ON  WHICH  THE  VICTIM  MAY INDICATE: (A) A DEMAND TO BE INFORMED OF THE
TRANSFER FROM ONE FACILITY TO  ANOTHER,  DISCHARGE,  TEMPORARY  RELEASE,
CONDITIONAL RELEASE, RELEASE FOR SUPERVISED OR UNSUPERVISED HOME VISITS,
RELEASE  FOR  EMERGENCY  VISITS  FOR  MEDICAL  TREATMENT, OR RELEASE FOR
SEVERE ILLNESS OR DEATH IN THE FAMILY,  ESCAPE,  OR  ABSCONDING  OF  THE
RESPONDENT;  AND  (B) A DEMAND FOR NOTICE OF AN ORDER OF DISPOSITION. IF
THE VICTIM SUBMITS A COMPLETED FORM TO THE PRESENTMENT AGENCY, IT  SHALL
BE  THE  DUTY OF THE PRESENTMENT AGENCY TO FORWARD PROMPTLY SUCH FORM TO
THE OFFICE OF CHILDREN AND FAMILY SERVICES  PURSUANT  TO  THE  ORDER  OF
DISPOSITION.
  2.  FOLLOWING THE RECEIPT OF SUCH FORM FROM THE PRESENTMENT AGENCY, IT
SHALL BE THE DUTY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES TO NOTI-
FY THE VICTIM PRIOR TO, OR IN THE CASE OF AN ESCAPE OR ABSCONDING, IMME-
DIATELY THEREAFTER, A CHANGE IN THE CUSTODIAL STATUS OF THE  RESPONDENT.
WHENEVER THE RESPONDENT IS TO BE TRANSFERRED FROM ONE FACILITY TO ANOTH-
ER, DISCHARGED, TEMPORARILY RELEASED, CONDITIONALLY RELEASED, OR GRANTED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04585-01-9
              

A. 3216                             2

SUPERVISED  OR  UNSUPERVISED  HOME  VISITS,  IT SHALL BE THE DUTY OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES TO  NOTIFY  THE  VICTIM  OF  SUCH
OCCURRENCE  BY  CERTIFIED  MAIL  DIRECTED TO THE ADDRESS PROVIDED FOR ON
SUCH  FORM AT LEAST SEVEN CALENDAR DAYS PRIOR TO SUCH OCCURRENCE. IN THE
EVENT THE RESPONDENT ESCAPES OR ABSCONDS, OR IS GRANTED LEAVE FOR  EMER-
GENCY VISITS FOR MEDICAL TREATMENT OR FOR SEVERE ILLNESS OR DEATH IN THE
FAMILY, FROM A FACILITY UNDER THE JURISDICTION OF THE OFFICE OF CHILDREN
AND  FAMILY SERVICES, IT SHALL BE THE DUTY OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES TO NOTIFY IMMEDIATELY THE VICTIM OF SUCH  OCCURRENCE  AT
THE  MOST  CURRENT ADDRESS OR TELEPHONE NUMBER PROVIDED BY THE VICTIM IN
THE MOST REASONABLE AND EXPEDIENT POSSIBLE MANNER.  IN  THE  EVENT  SUCH
ESCAPEE OR ABSCONDER IS SUBSEQUENTLY TAKEN INTO CUSTODY BY THE OFFICE OF
CHILDREN  AND  FAMILY  SERVICES,  IT  SHALL BE THE DUTY OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES TO NOTIFY THE VICTIM OF SUCH OCCURRENCE, IN
THE SAME MANNER AS SUCH ORIGINAL NOTICE OF ESCAPE OR ABSCONDING HAD BEEN
GIVEN TO THE VICTIM, WITHIN FORTY-EIGHT HOURS OF REGAINING SUCH CUSTODY.
IN NO CASE SHALL THE STATE BE HELD LIABLE FOR  FAILURE  TO  PROVIDE  ANY
NOTICE REQUIRED BY THIS SUBDIVISION.
  3.  WHEN  THE VICTIM INDICATES A DEMAND TO BE INFORMED OF THE ORDER OF
DISPOSITION, THE PRESENTMENT AGENCY SHALL FORWARD A COPY OF  SUCH  ORDER
TO THE VICTIM AT THE MOST CURRENT ADDRESS PROVIDED BY SUCH VICTIM.
  S 2. Section 380.50 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
  7.  SUBDIVISIONS  FOUR  AND  FIVE  OF THIS SECTION SHALL ALSO APPLY TO
JUVENILE OFFENDERS AS DEFINED IN SUBDIVISION FORTY-TWO OF  SECTION  1.20
OF  THIS  CHAPTER AND YOUTHFUL OFFENDERS AS DEFINED IN SECTION 720.10 OF
THIS CHAPTER, WHERE SUCH  JUVENILE  OFFENDER  OR  YOUTHFUL  OFFENDER  IS
PLACED  IN  CUSTODY  OF  THE  DEPARTMENT OF CORRECTIONAL SERVICES OR THE
OFFICE OF CHILDREN AND FAMILY SERVICES UPON SENTENCE OF IMPRISONMENT FOR
A CONVICTION OF A CRIME AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF  THE
PENAL  LAW.  FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "CONVICTION"
SHALL ALSO APPLY WHERE A YOUTHFUL OFFENDER FINDING HAS BEEN  SUBSTITUTED
FOR A CONVICTION PURSUANT TO SECTION 60.02 OF THE PENAL LAW.
  S 3. This act shall take effect on the first of November next succeed-
ing  the  date  on  which  it shall have become a law; provided that the
commissioner of the office of children and family services is authorized
to promulgate any and all rules and regulations and take any other meas-
ures necessary to implement this act on its effective date on or  before
such date.