senate Bill S1966A

2011-2012 Legislative Session

Requires notification to victims upon the conditional release of an inmate convicted of a crime against a member of the same family or household

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2012 referred to governmental operations
delivered to assembly
passed senate
ordered to third reading cal.1180
committee discharged and committed to rules
Mar 07, 2012 reported and committed to finance
Jan 04, 2012 referred to crime victims, crime and correction
returned to senate
died in assembly
Jun 14, 2011 referred to governmental operations
delivered to assembly
passed senate
ordered to third reading cal.1204
Jun 13, 2011 committee discharged and committed to rules
May 24, 2011 print number 1966a
amend and recommit to finance
May 03, 2011 reported and committed to finance
Jan 14, 2011 referred to crime victims, crime and correction

Votes

view votes

Jun 12, 2012 - Rules committee Vote

S1966A
20
1
committee
20
Aye
1
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Mar 7, 2012 - Crime Victims, Crime and Correction committee Vote

S1966A
13
0
committee
13
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Mar 7, 2012

aye wr (1)

Jun 14, 2011 - Rules committee Vote

S1966A
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

May 3, 2011 - Crime Victims, Crime and Correction committee Vote

S1966
13
0
committee
13
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1966 - Bill Details

See Assembly Version of this Bill:
A9656
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §259-c, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S600

S1966 - Bill Texts

view summary

Requires the state board of parole to provide notification to victims upon the conditional release of an inmate convicted of a crime against a member of the same family or household.

view sponsor memo
BILL NUMBER:S1966

TITLE OF BILL:
An act
to amend the executive law, in relation to notification of certain
persons upon the conditional release of an inmate convicted of a
crime against a member of the same family or household

PURPOSE:
Provides that where an inmate to be
conditionally released was convicted of a domestic violence offense, the
Board of Parole shall notify the victim of such offense of the release
and the conditions of such release; provides such notice may also be
required to be sent to a shelter for victims of domestic violence.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a
notification requirement to the process of conditionally releasing
prisoners from jail whereby the Board of Parole is required to send a
letter by certified mail to the victim.

JUSTIFICATION:
Domestic violence continues to be one
of the most troubling problems facing New York. One of the complexities
of this issue is that the perpetrator is often a repeat offender, unable
or unwilling to moderate their behavior and control their anger. Because
of this dysfunction, domestic violence offenders often immediately seek
out the person who originally had the courage to press charges. It is
imperative that New York State adopt a policy to ensure that victims are
notified of their attackers' release.

LEGISLATIVE HISTORY:
S.2851-A of 2006: Passed Senate;
S.45324 of 2007/2008: Passed Senate
S.600 of 2009/10

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the
sixtieth day after it shall have become a law; provided that the
amendments to subdivision 2 of section 259-c of the executive law, made
by section one of this act, shall not affect the expiration and
reversion of such subdivision and shall expire therewith, when upon such
date section two of this act shall take effect; and shall apply to all
inmates conditionally released on or after the effective date of this
act.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1966

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced by Sens. MARCELLINO, GOLDEN, JOHNSON, LARKIN, MAZIARZ -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Crime Victims, Crime and Correction

AN ACT to amend the  executive  law,  in  relation  to  notification  of
  certain persons upon the conditional release of an inmate convicted of
  a crime against a member of the same family or household

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

  Section 1.  Subdivision 2 of section 259-c of the  executive  law,  as
amended  by  section  7  of part E of chapter 62 of the laws of 2003, is
amended to read as follows:
  2. have the power and duty of determining the conditions of release of
the person who may be presumptively released, conditionally released  or
subject  to  a period of post-release supervision under an indeterminate
or determinate sentence of imprisonment. WHERE AN INMATE  TO  BE  CONDI-
TIONALLY  RELEASED  WAS  CONVICTED OF A CRIME AND THE VICTIM IS OR WAS A
MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE INMATE  IT  SHALL  BE  THE
DUTY  OF  THE BOARD AT LEAST ONE WEEK PRIOR TO THE RELEASE TO NOTIFY THE
VICTIM OR VICTIMS OF SUCH OFFENSE, UNLESS THE VICTIM REFUSES OR  HIS  OR
HER  WHEREABOUTS  ARE  UNKNOWN, THAT THE INMATE IS BEING RELEASED AND OF
THE CONDITIONS OF SUCH RELEASE.  SUCH  NOTIFICATION  SHALL  BE  SENT  BY
CERTIFIED  MAIL TO THE LAST KNOWN ADDRESS OF THE VICTIM OR VICTIMS. WHEN
SUCH ADDRESS IS A SHELTER FOR VICTIMS OF  DOMESTIC  ABUSE  NOTICE  SHALL
ALSO  BE  GIVEN  TO  THE  DIRECTOR OR ADMINISTRATOR OF SUCH SHELTER. FOR
PURPOSES OF THIS SUBDIVISION, "MEMBERS OF THE SAME FAMILY OR  HOUSEHOLD"
SHALL MEAN THE FOLLOWING:
  (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER;
  (D)  PERSONS  WHO  HAVE  A CHILD IN COMMON, REGARDLESS OF WHETHER SUCH
PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04407-01-1

S. 1966                             2

  S 2. Subdivision 2 of section 259-c of the executive law, as separate-
ly amended by chapter 904 of the laws of 1977 and chapter 1 of the  laws
of 1998, is amended to read as follows:
  2. have the power and duty of determining the conditions of release of
the  person  who may be conditionally released or subject to a period of
post-release supervision under an indeterminate or reformatory  sentence
of  imprisonment  and  of  determining  which inmates serving a definite
sentence of imprisonment may be  conditionally  released  and  when  and
under  what conditions. WHERE AN INMATE TO BE CONDITIONALLY RELEASED WAS
CONVICTED OF A CRIME AND THE VICTIM IS OR WAS A MEMBER OF THE SAME FAMI-
LY OR HOUSEHOLD AS THE INMATE IT SHALL BE THE DUTY OF THE BOARD AT LEAST
ONE WEEK PRIOR TO THE RELEASE TO NOTIFY THE VICTIM OR  VICTIMS  OF  SUCH
OFFENSE,  UNLESS  THE  VICTIM  REFUSES  OR  HIS  OR  HER WHEREABOUTS ARE
UNKNOWN, THAT THE INMATE IS BEING RELEASED AND OF THE CONDITIONS OF SUCH
RELEASE. SUCH NOTIFICATION SHALL BE SENT BY CERTIFIED MAIL TO  THE  LAST
KNOWN  ADDRESS  OF THE VICTIM OR VICTIMS. WHEN SUCH ADDRESS IS A SHELTER
FOR VICTIMS OF DOMESTIC ABUSE NOTICE SHALL ALSO BE GIVEN TO THE DIRECTOR
OR ADMINISTRATOR OF SUCH SHELTER.  FOR  PURPOSES  OF  THIS  SUBDIVISION,
"MEMBERS OF THE SAME FAMILY OR HOUSEHOLD" SHALL MEAN THE FOLLOWING:
  (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER;
  (D)  PERSONS  WHO  HAVE  A CHILD IN COMMON, REGARDLESS OF WHETHER SUCH
PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law;  provided  that the amendments to subdivision 2 of
section 259-c of the executive law, made by section  one  of  this  act,
shall  not  affect  the expiration and reversion of such subdivision and
shall expire therewith, when upon such date the  provisions  of  section
two of this act shall take effect; and shall apply to all inmates condi-
tionally released on or after the effective date of this act.

Co-Sponsors

view additional co-sponsors

S1966A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9656
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §259-c, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S600

S1966A (ACTIVE) - Bill Texts

view summary

Requires the state board of parole to provide notification to victims upon the conditional release of an inmate convicted of a crime against a member of the same family or household.

view sponsor memo
BILL NUMBER:S1966A

TITLE OF BILL:
An act
to amend the executive law, in relation to notification of certain
persons upon the conditional release of an inmate convicted of a
crime against a member of the same family or household

PURPOSE:
Provides that where an inmate to be conditionally released
was convicted of a domestic violence offense, the Board of Parole
shall notify the victim of such offense of the release and the
conditions of such release; provides such notice may also be required
to be sent to a shelter for victims of domestic violence.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a notification
requirement to the process of conditionally releasing prisoners from
jail whereby the Board of Parole is required to send an e-mail or if
not available, a letter by certified mail to the victim.

JUSTIFICATION:
Domestic violence continues to be one of the most
troubling problems facing New York. One of the complexities of this
issue is that the perpetrator is often a repeat offender, unable or
unwilling to moderate their behavior and control their anger. Because
of this dysfunction, domestic violence offenders often immediately
seek out the person who originally had the courage to press charges.
It is imperative that New York State adopt a policy to ensure that
victims are notified of their attackers' release.

LEGISLATIVE HISTORY:
S.2851A of 2006 - Passed Senate.
S.5324 of 2007/2008 - Passed Senate.
S.600 of 2009/10

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after
it shall have become a law; provided that the amendments to
subdivision 2 of section 259-c of the executive law, made by section
one of this act, shall not affect the expiration and reversion of
such subdivision and shall expire therewith, when upon such date
section two of this act shall take effect; and shall apply to all
inmates conditionally released on or after the effective date of this
act.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1966--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced by Sens. MARCELLINO, GOLDEN, JOHNSON, LARKIN, MAZIARZ -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Crime Victims, Crime and Correction -- reported favorably
  from said committee and committed  to  the  Committee  on  Finance  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the  executive  law,  in  relation  to  notification  of
  certain persons upon the conditional release of an inmate convicted of
  a crime against a member of the same family or household

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

  Section 1.  Subdivision 2 of section 259-c of the  executive  law,  as
amended by section 38-b of subpart A of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
  2. have the power and duty of determining the conditions of release of
the  person who may be presumptively released, conditionally released or
subject to a period of post-release supervision under  an  indeterminate
or  determinate  sentence  of imprisonment. WHERE AN INMATE TO BE CONDI-
TIONALLY RELEASED WAS CONVICTED OF A CRIME AND THE VICTIM IS  OR  WAS  A
MEMBER  OF  THE  SAME  FAMILY OR HOUSEHOLD AS THE INMATE IT SHALL BE THE
DUTY OF THE BOARD AT LEAST ONE WEEK PRIOR TO THE RELEASE TO  NOTIFY  THE
VICTIM  OR  VICTIMS OF SUCH OFFENSE, UNLESS THE VICTIM REFUSES OR HIS OR
HER WHEREABOUTS ARE UNKNOWN, THAT THE INMATE IS BEING  RELEASED  AND  OF
THE CONDITIONS OF SUCH RELEASE. SUCH NOTIFICATION SHALL BE SENT BY ELEC-
TRONIC MAIL WHEN THE ELECTRONIC MAIL ADDRESS OF THE VICTIM OR VICTIMS IS
AVAILABLE,  AND  WHEN  IT  IS  NOT,  BY CERTIFIED MAIL TO THE LAST KNOWN
ADDRESS OF THE VICTIM OR VICTIMS. WHEN SUCH ADDRESS  IS  A  SHELTER  FOR
VICTIMS  OF DOMESTIC ABUSE NOTICE SHALL ALSO BE GIVEN TO THE DIRECTOR OR
ADMINISTRATOR  OF  SUCH  SHELTER.  FOR  PURPOSES  OF  THIS  SUBDIVISION,
"MEMBERS OF THE SAME FAMILY OR HOUSEHOLD" SHALL MEAN THE FOLLOWING:
  (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04407-02-1

S. 1966--A                          2

  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER;
  (D)  PERSONS  WHO  HAVE  A CHILD IN COMMON, REGARDLESS OF WHETHER SUCH
PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
  S 2. Subdivision 2 of section 259-c of the executive law, as separate-
ly amended by chapter 904 of the laws of 1977 and chapter 1 of the  laws
of 1998, is amended to read as follows:
  2. have the power and duty of determining the conditions of release of
the  person  who may be conditionally released or subject to a period of
post-release supervision under an indeterminate or reformatory  sentence
of  imprisonment  and  of  determining  which inmates serving a definite
sentence of imprisonment may be  conditionally  released  and  when  and
under  what conditions. WHERE AN INMATE TO BE CONDITIONALLY RELEASED WAS
CONVICTED OF A CRIME AND THE VICTIM IS OR WAS A MEMBER OF THE SAME FAMI-
LY OR HOUSEHOLD AS THE INMATE IT SHALL BE THE DUTY OF THE BOARD AT LEAST
ONE WEEK PRIOR TO THE RELEASE TO NOTIFY THE VICTIM OR  VICTIMS  OF  SUCH
OFFENSE,  UNLESS  THE  VICTIM  REFUSES  OR  HIS  OR  HER WHEREABOUTS ARE
UNKNOWN, THAT THE INMATE IS BEING RELEASED AND OF THE CONDITIONS OF SUCH
RELEASE. SUCH NOTIFICATION SHALL BE SENT BY  ELECTRONIC  MAIL  WHEN  THE
ELECTRONIC  MAIL ADDRESS OF THE VICTIM OR VICTIMS IS AVAILABLE, AND WHEN
IT IS NOT, BY CERTIFIED MAIL TO THE LAST KNOWN ADDRESS OF THE VICTIM  OR
VICTIMS.  WHEN  SUCH  ADDRESS IS A SHELTER FOR VICTIMS OF DOMESTIC ABUSE
NOTICE SHALL ALSO BE GIVEN TO THE  DIRECTOR  OR  ADMINISTRATOR  OF  SUCH
SHELTER.  FOR  PURPOSES OF THIS SUBDIVISION, "MEMBERS OF THE SAME FAMILY
OR HOUSEHOLD" SHALL MEAN THE FOLLOWING:
  (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER;
  (D) PERSONS WHO HAVE A CHILD IN COMMON,  REGARDLESS  OF  WHETHER  SUCH
PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided that the  amendments  to  subdivision  2  of
section  259-c  of  the  executive law, made by section one of this act,
shall not affect the expiration and reversion of  such  subdivision  and
shall  expire  therewith,  when upon such date the provisions of section
two of this act shall take effect; and shall apply to all inmates condi-
tionally released on or after the effective date of this act.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.