Senate Bill S1465

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

                                  1465

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law and  the  executive  law,  in
  relation to appearance of a victim at parole hearings

  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. 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 (I) 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 proce-
dures and limitations contained in rules of the board, [both]  AND  (II)
APPEAR AND BE HEARD AT THE PAROLE HEARING 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  state-
ment  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04962-01-9

              

S. 1465                             2

  S 2. 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:
  (a)  (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.  AT THE SAME TIME, THE
BOARD  SHALL  GRANT  TO THE CRIME VICTIM OR THE VICTIM'S REPRESENTATIVE,
WHERE THE CRIME VICTIM IS DECEASED OR IS MENTALLY OR PHYSICALLY INCAPAC-
ITATED, AN OPPORTUNITY TO APPEAR AND BE HEARD. A CRIME  VICTIM'S  REPRE-
SENTATIVE  SHALL MEAN THE CRIME VICTIM'S CLOSEST SURVIVING RELATIVE, THE
COMMITTEE OR GUARDIAN OF SUCH PERSON, OR THE LEGAL REPRESENTATIVE OF ANY
SUCH PERSON. 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 OR SHE 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, mandatory surcharge, sex offender registration fee and DNA  data-
bank  fee  previously  imposed by a court of competent jurisdiction that
applies to the parolee. The board of parole shall indicate which  resti-
tution  collection agency established under subdivision eight of section
420.10  of  the  criminal  procedure  law,  shall  be  responsible   for
collection  of  restitution, mandatory surcharge, sex offender registra-
tion fees and DNA databank fees as provided for in section 60.35 of  the
penal  law  and section eighteen hundred nine of the vehicle and traffic
law.
  (ii) Any inmate who is scheduled for presumptive release  pursuant  to
section  eight hundred six of the correction law shall not appear before
the parole board as provided  in  subparagraph  (i)  of  this  paragraph
unless   such  inmate's  scheduled  presumptive  release  is  forfeited,
canceled, or rescinded subsequently as provided in  such  law.  In  such
event,  the  inmate  shall  appear  before  the parole board for release
consideration as provided in subparagraph (i) of this paragraph as  soon
thereafter as is practicable.
  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.  AT THE SAME TIME, THE BOARD SHALL
GRANT TO THE CRIME VICTIM OR  THE  VICTIM'S  REPRESENTATIVE,  WHERE  THE
CRIME  VICTIM IS DECEASED OR IS MENTALLY OR PHYSICALLY INCAPACITATED, AN
OPPORTUNITY TO APPEAR AND BE  HEARD.  A  CRIME  VICTIM'S  REPRESENTATIVE
SHALL  MEAN THE CRIME VICTIM'S CLOSEST SURVIVING RELATIVE, THE COMMITTEE
OR GUARDIAN OF SUCH PERSON, OR THE  LEGAL  REPRESENTATIVE  OF  ANY  SUCH

S. 1465                             3

PERSON.  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  reconsider-
ation,  and  the procedures to be followed upon reconsideration shall be
the same. If the inmate is released, he OR SHE 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
and mandatory surcharge previously  imposed  by  a  court  of  competent
jurisdiction  that  applies  to  the  parolee. The board of parole shall
indicate which restitution collection agency established under  subdivi-
sion  eight  of  section  420.10 of the criminal procedure law, shall be
responsible for collection of restitution  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.
  S 4. 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
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 subdivision d of
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.