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Assembly Bill A3771

2009-2010 Legislative Session

Provides the release of copies of orders of protection concerning inmates under the jurisdiction of the division of parole

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Archive: Last Bill Status - In Assembly Committee

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2009-A3771 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Executive Law
Laws Affected:
Amd ยง259-a, Exec L

2009-A3771 (ACTIVE) - Summary

Provides that the division shall cause to be obtained and filed as soon as practicable copies of any orders of protection concerning each inmate; further provides that for the period such inmate is under the jurisdiction of the division while on parole, conditional release, presumptive release or post release supervision, the division shall have access to all databases maintained by the state or its subdivisions containing information regarding the issuance of such orders of protection that affect such individual.

2009-A3771 (ACTIVE) - Bill Text download pdf 

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

                                  3771

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on Correction

AN ACT to amend the executive law, in  relation  to  the  collection  of
  information  regarding  individuals  confined  in  state  correctional
  facilities or under jurisdiction of the division of parole

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

  Section  1.  Subdivision  1  of section 259-a of the executive law, as
amended by section 11 of part D of chapter 56 of the laws  of  2008,  is
amended to read as follows:
  1.  The division shall cause to be obtained and filed as soon as prac-
ticable, information as complete as may be  obtainable  with  regard  to
each  inmate who is received in an institution under the jurisdiction of
the state department of correctional services.  Such  information  shall
include  a complete statement of the crime for which the inmate has been
sentenced, the circumstances of such crime, all  presentence  memoranda,
the nature of the sentence, any orders of protection or temporary orders
of  protection  issued against the inmate at the time of sentencing, the
court in which he was sentenced, the name  of  the  judge  and  district
attorney  and  copies of such probation reports as may have been made as
well as reports as to the inmate's social, physical, mental and  psychi-
atric condition and history. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
THE DIVISION SHALL CAUSE TO BE OBTAINED AND FILED AS SOON AS PRACTICABLE
COPIES OF ANY ORDERS OF PROTECTION CONCERNING EACH INMATE. FOR THE PERI-
OD  SUCH  INMATE  IS  UNDER  THE  JURISDICTION  OF THE DIVISION WHILE ON
PAROLE, CONDITIONAL RELEASE, PRESUMPTIVE RELEASE OR POST RELEASE  SUPER-
VISION,  THE  DIVISION  SHALL HAVE ACCESS TO ALL DATABASES MAINTAINED BY
THE STATE OR ITS SUBDIVISIONS CONTAINING INFORMATION REGARDING THE ISSU-
ANCE OF SUCH ORDERS OF PROTECTION THAT AFFECT SUCH INDIVIDUAL. THE DIVI-
SION SHALL ACCESS SUCH INFORMATION SOLELY FOR THE PURPOSE OF THE  SUPER-
VISION  OF  SUCH  INDIVIDUAL.  THE  DIVISION  SHALL PROMULGATE RULES AND
REGULATIONS GOVERNING THE ACCESS TO SUCH INFORMATION WHICH SHALL INCLUDE
THE RECORDING OF ALL INSTANCES OF SUCH ACCESS.
  S 2. This act shall take effect immediately.

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