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

                                 7050--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 11, 2011
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on  Codes  -- recommitted to the Committee on Codes in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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 section 80
of subpart B of part C of chapter 62 of the laws of 2011,  and  subdivi-
sion  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 corrections and community supervision for an indeterminate
sentence,  the notice provided to the crime victim, A FAMILY MEMBER OF A
CRIME VICTIM OR AN INTERESTED PARTY shall also inform [the  victim]  HIM
OR  HER  of  his  or her right to submit a written, audiotaped, or vide-
otaped victim impact statement to  the  department  of  corrections  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03683-06-2
              

A. 7050--A                          2

community  supervision  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 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  THE  SENTENCE  ON  THE  DEFENDANT,  AS A PERSON WHO HAS AN
INVOLVEMENT WITH THE CASE SUFFICIENT TO MAKE HIM OR  HER  AN  INTERESTED
PARTY. THE JUDGE WHO IMPOSES THE SENTENCE ON A DEFENDANT SHALL DESIGNATE
INTERESTED 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,
subparagraph  (A) as amended by section 38-f-1 of subpart A of part C of
chapter 62 of the laws of 2011, 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 procedures 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  interactions  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  federal  government
against the inmate while in the custody of the department and any recom-
mendation  regarding deportation made by the commissioner of the depart-
ment pursuant to section one hundred forty-seven of the correction  law;
(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

A. 7050--A                          3

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;
(vi) the length of the determinate sentence to which the inmate would be
subject  had  he or she received a sentence pursuant to section 70.70 or
section 70.71 of the penal law for  a  felony  defined  in  article  two
hundred twenty or article two hundred twenty-one of the penal law; (vii)
the  seriousness  of  the  offense with due consideration to the type of
sentence, length of  sentence  and  recommendations  of  the  sentencing
court,  the district attorney, the attorney for the inmate, the pre-sen-
tence probation report as well as consideration of  any  mitigating  and
aggravating  factors,  and activities following arrest prior to confine-
ment; and (viii) prior criminal record, including the nature and pattern
of offenses, adjustment to any previous probation or parole  supervision
and  institutional  confinement. The board shall provide toll free tele-
phone access for crime victims, FAMILY  MEMBERS  OF  CRIME  VICTIMS  AND
INTERESTED  PARTIES  AS DEFINED IN SECTION 440.50 OF THE CRIMINAL PROCE-
DURE 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 representative 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 representative, 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  intim-
idating  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.
  (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.