S T A T E   O F   N E W   Y O R K
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                                  3456

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law and  the  executive  law,  in
  relation to the rights of a crime victim at parole proceedings

  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 [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 procedures and limita-
tions contained in rules of the board, both] BE PRESENT  AT  PROCEEDINGS
OF THE STATE DIVISION OF PAROLE REGARDING RELEASE OF SUCH DEFENDANT. THE
VICTIMS  SHALL  ALSO  BE  NOTIFIED  OF THEIR RIGHT TO PROVIDE AN ORAL OR
WRITTEN STATEMENT OR BOTH AT PROCEEDINGS OF  THE  BOARD,  INCLUDING  THE
PERSONAL  INTERVIEW  OF  THE INMATE, AND THAT THEY WILL ALSO BE PROVIDED
THE OPPORTUNITY TO PRESENT THEIR VIEWS IN PERSON TO THE SAME  MEMBER  OF
THE  BOARD  WHO  CONDUCTED  THE  INTERVIEW WITH THE INMATE AT A MUTUALLY
CONVENIENT LOCATION PRIOR TO THE DETERMINATION OF THE BOARD pursuant  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08407-01-1
              

A. 3456                             2

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 statement 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.
  S 2. Paragraphs (d), (e), (f) and (g)  of  subdivision  2  of  section
646-a  of  the executive law are relettered paragraphs (e), (f), (g) and
(h) and a new paragraph (d) is added to read as follows:
  (D) THE RIGHTS OF CRIME VICTIMS TO BE PRESENT AT  THE  PROCEEDINGS  OF
THE  STATE  DIVISION  OF  PAROLE  REGARDING  RELEASE OF THE DEFENDANT AS
PROVIDED IN SECTION 440.50 OF THE CRIMINAL PROCEDURE LAW;
  S 3. This act shall take effect immediately.