Senate Bill S730

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

                                   730

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 14, 2009
                               ___________

Introduced  by  Sen.  LANZA  -- 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  requiring  that all family members of a crime victim and
  all interested parties who want to give a victim impact  statement  to
  parole board members be allowed to do so

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

  Section 1. Section 440.50 of the criminal procedure law, as  added  by
chapter 496 of the laws of 1978, subdivision 1 as amended by chapter 186
of  the  laws of 2005, and subdivision 2 as amended by chapter 14 of the
laws of 1985, is amended to read as follows:
S 440.50 Notice to crime victims, FAMILY MEMBERS OF A CRIME  VICTIM,  OR
           AN INTERESTED PARTY of case disposition.
  1. Upon the request of a victim of a crime, A FAMILY MEMBER OF A CRIME
VICTIM  OR AN INTERESTED PARTY 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 OR A
FAMILY MEMBER OF A CRIME VICTIM OR AN INTERESTED PARTY WHO  REQUESTS  TO
BE  INFORMED by letter of such final disposition. If such final disposi-
tion 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, FAMILY MEMBER OF A CRIME VICTIM  OR
INTERESTED PARTY shall also inform [the victim] HIM OR HER 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]  MEMBERS of the state board of parole WHO WILL DETERMINE WHETHER
THE DEFENDANT IS RELEASED at a time and place separate from the personal
interview between a member or members of the board and  the  inmate  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02138-01-9
              

S. 730                              2

make  such  a statement, subject to procedures and limitations contained
in rules of the board, both pursuant to subdivision two of  section  two
hundred  fifty-nine-i  of  the executive law. The right of the victim, A
FAMILY  MEMBER  OF  THE  CRIME VICTIM, OR AN INTERESTED PARTY under this
subdivision to submit a written  victim  impact  statement  or  to  meet
personally  with [a member] MEMBERS of the state board of parole applies
to each personal interview between a member or members of the board  and
the inmate.
  2.  As  used  in  this  section,  "victim" means any person alleged or
found, upon the record, to have sustained physical or  financial  injury
to  person  or  property  as  a  direct result of the crime charged or a
person alleged or found to have sustained, upon the record,  an  offense
under  article  one hundred thirty of the penal law, or in the case of a
homicide or minor child, the victim's family.
  3. As used in this section,  "final  disposition"  means  an  ultimate
termination  of  the  case at the trial level including, but not limited
to, dismissal, acquittal, or imposition of sentence by the court,  or  a
decision  by the district attorney, for whatever reason, to not file the
case.
  4. AS USED IN THIS SECTION, "FAMILY MEMBER OF A CRIME VICTIM" MEANS  A
MEMBER  OF  THE  VICTIM'S IMMEDIATE FAMILY WHO IS AT LEAST SIXTEEN YEARS
OLD.
  5. AS USED IN THIS SECTION, "INTERESTED PARTY" SHALL  MEAN  A  PERSON,
WHO  IS  NOT  A FAMILY MEMBER OF A CRIME VICTIM, DESIGNATED BY THE JUDGE
WHO IMPOSES A SENTENCE ON THE DEFENDANT, AS A PERSON WHO HAS AN INVOLVE-
MENT WITH THE CASE SUFFICIENT TO MAKE HIM OR HER  AN  INTERESTED  PARTY.
THE  JUDGE  WHO IMPOSES A SENTENCE ON A DEFENDANT SHALL DESIGNATE INTER-
ESTED PARTIES, IF ANY, AT THE TIME OF SENTENCING.
  S 2. Paragraph (c) of subdivision 2 of section 259-i of the  executive
law,  as  separately amended by chapters 40 and 126 of the laws of 1999,
is amended to read as follows:
  (c) (A) Discretionary release on parole shall not be granted merely as
a reward for good conduct  or  efficient  performance  of  duties  while
confined  but  after  considering  if  there is a reasonable probability
that, if such inmate is released, he will live  and  remain  at  liberty
without violating the law, and that his release is not incompatible with
the  welfare of society and will not so deprecate the seriousness of his
crime as to undermine respect for law.  In  making  the  parole  release
decision, the guidelines adopted pursuant to subdivision four of section
two  hundred fifty-nine-c of this article shall require that the follow-
ing be considered: (i) the institutional record including program  goals
and accomplishments, academic achievements, vocational education, train-
ing  or  work  assignments, therapy and interpersonal relationships with
staff and inmates; (ii) performance, if  any,  as  a  participant  in  a
temporary  release  program;  (iii)  release  plans  including community
resources, employment,  education  and  training  and  support  services
available to the inmate; (iv) any deportation order issued by the feder-
al  government against the inmate while in the custody of the department
of correctional services and any  recommendation  regarding  deportation
made  by  the  commissioner  of  the department of correctional services
pursuant to section one hundred forty-seven of the correction  law;  and
(v)  any statement made to the board by the crime victim or the victim's
representative, where the crime victim is deceased  or  is  mentally  or
physically  incapacitated OR A FAMILY MEMBER OF A CRIME VICTIM OR INTER-
ESTED PARTY AS DEFINED IN SECTION 440.50 OF THE CRIMINAL PROCEDURE  LAW.
The  board shall provide toll free telephone access for crime victims OR

S. 730                              3

A FAMILY MEMBER OF A CRIME VICTIM OR  INTERESTED  PARTY  AS  DEFINED  IN
SECTION  440.50  OF  THE CRIMINAL PROCEDURE LAW.  In the case of an oral
statement made in accordance with subdivision one of section  440.50  of
the  criminal  procedure  law,  [the parole board member shall present a
written report of the statement to the parole board] SUCH ORAL STATEMENT
SHALL BE MADE TO THE MEMBERS OF THE  STATE  BOARD  OF  PAROLE  WHO  WILL
DETERMINE  WHETHER THE DEFENDANT IS RELEASED. A crime victim's represen-
tative shall mean the crime victim's  closest  surviving  relative,  the
committee or guardian of such person, or the legal representative of any
such  person.  Such statement submitted by the victim or victim's repre-
sentative OR A FAMILY MEMBER OF A CRIME VICTIM OR  INTERESTED  PARTY  AS
DEFINED  IN  SECTION  440.50  OF  THE CRIMINAL PROCEDURE LAW may include
information concerning threatening or intimidating  conduct  toward  the
victim, the victim's representative, or the victim's family, made by the
person  sentenced  and  occurring after the sentencing. Such information
may include, but need not be limited to, the threatening or intimidating
conduct of any other person who or  which  is  directed  by  the  person
sentenced. Notwithstanding the provisions of this section, in making the
parole release decision for persons whose minimum period of imprisonment
was  not  fixed  pursuant  to  the provisions of subdivision one of this
section, in addition to the factors listed in this paragraph  the  board
shall consider the factors listed in paragraph (a) of subdivision one of
this section.
  (B)  Where  a  crime  victim  or victim's representative as defined in
subparagraph (A) of this paragraph OR A FAMILY MEMBER OF A CRIME  VICTIM
OR  INTERESTED PARTY AS DEFINED IN SECTION 440.50 OF THE CRIMINAL PROCE-
DURE LAW, or other person submits to the parole board a  written  state-
ment  concerning  the  release of an inmate, the parole board shall keep
that individual's name and address confidential.
  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.