Senate Bill S8360

2009-2010 Legislative Session

Directs the division of parole to maintain a current list of all inmates due to appear before a parole board

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 25, 2010	referred to rules

2009-S8360 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §§259-a, 259-i & 646-a, Exec L
Versions Introduced in 2011-2012 Legislative Session:: S3249

2009-S8360 (ACTIVE) - Summary

Directs the division of parole to maintain a current list of all inmates due to appear before a parole board on its internet homepage; directs such division to establish a means by which crime victims can register to receive notice of the date of the parole hearing of the inmate who committed the offense against such victim; directs such division to report to the governor and legislative leaders on a quarterly basis on those inmates granted parole; requires all member of the parole board to agree on the parole of an inmate convicted of a class A felony

2009-S8360 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8360

TITLE OF BILL:

An act
to amend the executive law, in relation to directing the division of
parole, on its internet homepage, to maintain a list of inmates eligible
for parole and to provide crime victims a means to register to receive
notice of the parole hearing of the inmate who committed the crime
against such victim,
requiring the division of parole to submit a report on the inmates
granted parole,
the consideration of inmates for parole,
and the crime victims fair treatment standard pamphlet

PURPOSE:

To improve notification to crime victims when inmates are scheduled to
be considered for release on parole; and to require the unanimous
agreement of the board to grant parole to inmates convicted of a
class A felony.

SUMMARY OF PROVISIONS:

This bill would:

1. Require at least 3 Parole Board members to conduct parole hearings
for inmates convicted of a class A felony, and require a unanimous
vote for parole to be granted in these cases.

2. Require the Division of Parole to maintain on their web site a
listing of inmates and their parole eligibility dates, along with
other relevant data.

3. Allow victims who did not choose at the time of the inmate's
conviction to receive notice of parole hearings to elect to do so at
a later date.

4. Require the Division's web site to provide a mechanism enabling
victims of all crimes, not just violent crimes, to register to
receive notice of when their perpetrator will appear before the
Parole Board for a hearing. The web site must also provide a notice
of their rights as a victim to make either a written or oral
statement to the Board.

5. Require the Parole Board to give notice to victims who have
requested to be notified of a proposed parole hearing and their
rights as victim to make either a written or oral statement to the
board.

6. Require the Division of Parole to provide an annual report to the
State Legislature on all parole releases, release rates and other
information.

7. Mandate that the Division of Parole must contact the local District
Attorney in the county where a crime was committed, whenever an
A-felon or Violent Felony Offender comes up for parole.

EXISTING LAW:

Current law only requires only the agreement of a majority of the
board members who interview an inmate for parole for that inmate to
be released on parole. Currently the Division of Parole does not
provide any information on its Internet web site regarding inmates
who will be considered for parole nor is there any means for crime
victims to request over the Internet that they be notified of the
date of the parole hearing for the inmate who victimized them.

JUSTIFICATION:

The rate of release of violent felons, particularly those who have
committed murder, has recently dramatically increased. New State
Division of Parole data shows that A-1 violent felons appearing for
the first time before the Parole Board are now being released at a
rate 180% higher than during Governor George Pataki's last term in
office. Felons who reappear before the Board are being released at a
rate 122% higher than during Pataki's last term. Media reports have
also detailed several instances where A-1 murderers have been
released without any contact with the victim's families. The Division
of Parole maintains an Internet web site, but does not provide any
information to the public on the web site regarding who will be
considered for parole or the dates of parole hearings. The Division
also does not provide information to the legislature as to whom has
been released and the rates of release.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediate except that provisions requiring changes to the Internet web
site of the Division of Parole are to be effective 180 days after the
bill becomes law.

2009-S8360 (ACTIVE) - Bill Text download pdf

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

                                  8360

                            I N  S E N A T E

                              June 25, 2010
                               ___________

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

AN ACT to amend the executive law, in relation to directing the division
  of parole, on its internet homepage, to maintain  a  list  of  inmates
  eligible  for  parole and to provide crime victims a means to register
  to receive notice of the parole hearing of the  inmate  who  committed
  the  crime  against  such  victim, requiring the division of parole to
  submit a report on the inmates granted parole,  the  consideration  of
  inmates  for  parole,  and  the  crime victims fair treatment standard
  pamphlet

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

  Section 1. Section 259-a of the executive law is amended by adding two
new subdivisions 8-a and 8-b to read as follows:
  8-A. THE DIVISION SHALL, ON ITS INTERNET HOMEPAGE:
  (A)  PROVIDE  AND MAINTAIN ON A CURRENT BASIS A LISTING OF ALL INMATES
WHO WILL APPEAR BEFORE THE BOARD OF PAROLE AT SOME FUTURE DATE, AND  FOR
EACH  SUCH  INMATE  THE  DATE OF SUCH APPEARANCE, THE CRIME OR CRIMES OF
CONVICTION AND THE INMATE'S NEW YORK STATE IDENTIFICATION NUMBER; AND
  (B) PROVIDE A MEANS FOR ANY VICTIM, AS SUCH TERM IS DEFINED IN  SUBDI-
VISION  TWO OF SECTION 440.50 OF THE CRIMINAL PROCEDURE LAW, TO REGISTER
TO RECEIVE NOTICE AT SUCH PERSON'S ELECTRONIC MAIL ADDRESS OR HIS OR HER
PERSONAL MAIL ADDRESS OR BOTH THE ELECTRONIC MAIL ADDRESS  AND  PERSONAL
MAIL ADDRESS OF THE DATE OF THE SCHEDULED APPEARANCE BEFORE THE BOARD OF
PAROLE OF THE INMATE WHO WAS CONVICTED OF THE CRIME AGAINST THE VICTIM.
  8-B.  THE  DIVISION SHALL PRESENT TO THE GOVERNOR, TEMPORARY PRESIDENT
OF THE SENATE, MINORITY LEADER OF THE SENATE, SPEAKER  OF  THE  ASSEMBLY
AND THE MINORITY LEADER OF THE ASSEMBLY A QUARTERLY REPORT DETAILING THE
NUMBER  OF  INMATES  WHO APPEARED BEFORE THE BOARD OF PAROLE PURSUANT TO
SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTICLE AND THE NUMBER OF  SUCH
INMATES  WHO WERE GRANTED PAROLE, SEPARATELY STATING THE INFORMATION FOR
THOSE CONVICTED OF A CLASS A FELONY, THOSE CONVICTED OF A VIOLENT FELONY
OFFENSE, AS DEFINED IN  SECTION  70.02  OF  THE  PENAL  LAW,  AND  THOSE
CONVICTED  OF AN OFFENSE OTHER THAN A CLASS A FELONY OR A VIOLENT FELONY

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

                                                           LBD00840-02-0

S. 8360                             2

OFFENSE; AND FOR EACH INMATE WHO WAS RELEASED TO PAROLE  BY  THE  BOARD,
THE NAME OF THE INMATE, THE CRIME OR CRIMES OF CONVICTION, THE COUNTY OF
CONVICTION, THE SENTENCE IMPOSED UPON SUCH INMATE AND THE AMOUNT OF SUCH
SENTENCE  WHICH  HAS  BEEN  SERVED BY THE INMATE IN CONFINEMENT PRIOR TO
RELEASE ON PAROLE. THE INITIAL REPORT REQUIRED BY THIS SUBDIVISION SHALL
BE FOR THE PERIOD BEGINNING SEPTEMBER FIRST,  TWO  THOUSAND  ELEVEN  AND
ENDING DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN AND SHALL BE PRESENTED
NO  LATER  THAN  JANUARY THIRTY-FIRST, TWO THOUSAND TWELVE.  THEREAFTER,
EACH QUARTERLY REPORT SHALL BE PRESENTED NO LATER THAN THIRTY DAYS AFTER
THE CLOSE OF EACH QUARTER.
  S 2. Subparagraph (i) of 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:
  (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 OR SHE should be paroled
in accordance with the guidelines adopted pursuant to  subdivision  four
of  section  two  hundred fifty-nine-c of this article.  NOTWITHSTANDING
ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,  AN  INMATE  WHO  IS
CONVICTED OF A CLASS A FELONY MUST BE INTERVIEWED BY NOT LESS THAN THREE
MEMBERS  OF  THE  BOARD  AND  PAROLE SHALL NOT BE GRANTED TO SUCH INMATE
EXCEPT UPON THE CONCURRENCE OF ALL OF THE MEMBERS WHO  HAVE  INTERVIEWED
SUCH INMATE. 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.  NOT LESS THAN NINE MONTHS PRIOR TO THE DATE THAT AN INMATE WILL BE
PERSONALLY  INTERVIEWED  BY THE MEMBERS OF THE BOARD, NOTICE OF THE DATE
OF SUCH INTERVIEW SHALL BE GIVEN TO THE DISTRICT ATTORNEY OF THE  COUNTY
IN WHICH THE INMATE WAS CONVICTED; AND NOTICE OF THE DATE OF SUCH INTER-
VIEW  AND A STATEMENT OF THE VICTIM'S RIGHTS UNDER SECTION 440.50 OF THE
CRIMINAL PROCEDURE LAW SHALL BE GIVEN BY THE BOARD  TO  THE  VICTIM,  AS
SUCH  TERM IS DEFINED IN SUBDIVISION TWO OF SECTION 440.50 OF THE CRIMI-
NAL PROCEDURE LAW, PROVIDED THAT THE VICTIM HAS REQUESTED  SUCH  NOTICE.
THE  VICTIM  MAY  REQUEST  SUCH NOTICE IN THE MANNER PROVIDED BY SECTION
440.50 OF THE CRIMINAL PROCEDURE LAW, OR AT ANY OTHER  TIME  BY  WRITTEN
REQUEST  TO  THE  BOARD  OR  BY  REQUESTING  SUCH NOTICE ON THE INTERNET
WEBSITE OF THE DIVISION AS PROVIDED IN SUBDIVISION  EIGHT-A  OF  SECTION
TWO HUNDRED FIFTY-NINE-A OF THIS ARTICLE.

S. 8360                             3

  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  OR  SHE should be paroled at the expiration of the minimum period or
periods in accordance with the guidelines adopted pursuant  to  subdivi-
sion four of section two hundred fifty-nine-c OF THIS ARTICLE.  NOTWITH-
STANDING  ANY  OTHER  LAW, RULE OR REGULATION TO THE CONTRARY, AN INMATE
WHO IS CONVICTED OF A CLASS A FELONY MUST BE  INTERVIEWED  BY  NOT  LESS
THAN  THREE MEMBERS OF THE BOARD AND PAROLE SHALL NOT BE GRANTED TO SUCH
INMATE EXCEPT UPON THE CONCURRENCE OF ALL OF THE MEMBERS WHO HAVE INTER-
VIEWED SUCH INMATE. 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
reconsideration, 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 appropri-
ate, 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.  NOT LESS THAN NINE  MONTHS
PRIOR  TO  THE DATE THAT AN INMATE WILL BE PERSONALLY INTERVIEWED BY THE
MEMBERS OF THE BOARD, NOTICE OF THE DATE  OF  SUCH  INTERVIEW  SHALL  BE
GIVEN  TO  THE  DISTRICT  ATTORNEY OF THE COUNTY IN WHICH THE INMATE WAS
CONVICTED; AND NOTICE OF THE DATE OF SUCH INTERVIEW AND A  STATEMENT  OF
THE  VICTIM'S  RIGHTS UNDER SECTION 440.50 OF THE CRIMINAL PROCEDURE LAW
SHALL BE GIVEN BY THE BOARD TO THE VICTIM, AS SUCH TERM  IS  DEFINED  IN
SUBDIVISION  TWO  OF  SECTION  440.50  OF  THE  CRIMINAL  PROCEDURE LAW,
PROVIDED THAT THE VICTIM HAS  REQUESTED  SUCH  NOTICE.  THE  VICTIM  MAY
REQUEST  SUCH  NOTICE  IN  THE  MANNER PROVIDED BY SECTION 440.50 OF THE
CRIMINAL PROCEDURE LAW, OR AT ANY OTHER TIME BY WRITTEN REQUEST  TO  THE
BOARD  OR BY REQUESTING SUCH NOTICE ON THE INTERNET WEBSITE OF THE DIVI-
SION  AS  PROVIDED  IN  SUBDIVISION  EIGHT-A  OF  SECTION  TWO   HUNDRED
FIFTY-NINE-A OF THIS ARTICLE.
  S  4. Paragraph (g) of subdivision 2 of section 646-a of the executive
law, as added by chapter 186 of the laws of 2005, is amended to read  as
follows:
  (g)  the rights of crime victims to be aware of the defendant's incar-
ceration status by providing the division of parole's  contact  informa-
tion,  including  the division's toll-free telephone number, as provided
for in subdivision two of section two hundred fifty-nine-i of this chap-
ter, AND THE INTERNET WEB ADDRESS OF THE DIVISION, AS PROVIDED BY SUBDI-
VISION EIGHT-A OF SECTION TWO  HUNDRED  FIFTY-NINE-A  OF  THIS  CHAPTER.
Such  notice  shall  advise the crime victim to use the division's toll-
free telephone number OR INTERNET WEBSITE to update contact information.
  S 5. This act shall take effect immediately, provided that:

S. 8360                             4

  (a) subdivision 8-a of section 259-a of the executive law, as added by
section one of this act, and section four of this act shall take  effect
on  the  one hundred eightieth day after it shall have become a law, and
effective immediately, any rules and regulations, and any other actions,
necessary  to  implement  such provisions of this act on their effective
date are authorized and directed to be completed on or before such date;
and
  (b) the amendments to paragraph (a) of subdivision 2 of section  259-i
of  the executive law, made by section two of this act, shall not affect
the expiration and reversion of such paragraph and shall  expire  there-
with, when upon such date section three of this act shall take effect.

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Senate Bill S8360

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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2009-S8360 (ACTIVE) - Details

2009-S8360 (ACTIVE) - Summary

2009-S8360 (ACTIVE) - Sponsor Memo

2009-S8360 (ACTIVE) - Bill Text download pdf

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Sponsored By

Michael F. Nozzolio

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2009-S8360 (ACTIVE) - Details

2009-S8360 (ACTIVE) - Summary

2009-S8360 (ACTIVE) - Sponsor Memo

2009-S8360 (ACTIVE) - Bill Text download pdf

Comments