senate Bill S2946A

2011-2012 Legislative Session

Provides for family members of a crime victim and interested parties to make statements to members of the parole board

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2012 print number 2946a
amend and recommit to codes
Jan 04, 2012 referred to codes
Jun 24, 2011 committed to rules
Mar 10, 2011 advanced to third reading
Mar 09, 2011 2nd report cal.
Mar 08, 2011 1st report cal.176
Feb 03, 2011 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2946 - Bill Details

See Assembly Version of this Bill:
A7050A
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.50, CP L; amd §259-i, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S730, A3596

S2946 - Bill Texts

view summary

Provides for family members of a crime victim and interested parties to make statements to members of the parole board; provides that such oral statement shall be made to the members of the state board of parole who will determine whether the defendant is released.

view sponsor memo
BILL NUMBER:S2946

TITLE OF BILL:
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

PURPOSE:
Provides for family members of a crime victim and interested parties
to make statements to members of the parole board.

SUMMARY OF PROVISIONS:
Section 1. Section 440.50 of the criminal procedure law of chapter 496
of the laws of 1978, subdivision 1 are amended by chapter 186 of the
laws of 2005 and subdivision 2, amended by chapter 14 of the laws of
1985 are amended to include family members of a Crime victim, or
interested party of case deposition.
Section 2. Paragraph c of
subdivision 2 of section 259-i of the executive law, separately
amended by chapters 40 and 126 of the laws of 1999 are amended.
Section 3. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.

JUSTIFICATION:
Prior to a convicted criminals parole hearing, it is necessary that
proper action is taken to ensure all evidence is brought to the
attention and consideration of the parole board. It is therefore
crucial to hear testimony from not only the victim and the criminal,
but family members and interested parties of a crime victim as well.
Any person who has been involved in the case and can provide
sufficient information should be allowed to go before all three
members of the parole board to testify. Previously, only one parole
board member was required to hear testimony from family members.
Giving family members the opportunity to speak before the parole
board will make the process open and more fair to a victims family
who has gone through an emotional roller coaster since the criminal
act was committed. A convict has the ability to plead his case before
all three members of the parole board.
Why can't all family members and interested parties have the same
opportunity to speak to all board members? It is the states
responsibility that crime victims rights be preserved, ensuring a
more judicious process.

LEGISLATIVE HISTORY:
2010: S.730 - Referred to Codes/A.3596 - Referred to Codes
2009: S.730 - Referred to Codes/A.3596 - Referred to Codes
2008: S.6825 - Passed Senate/A.10118 - Referred to Codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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

                                  2946

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

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.
                                                           LBD03683-01-1

S. 2946                             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 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 12 of part AAA of chapter  56  of
the laws of 2009, 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; (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;

S. 2946                             3

and (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.
The board shall provide toll free telephone access  for  crime  victims,
FAMILY  MEMBERS  OF  CRIME  VICTIMS AND INTERESTED PARTIES 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.

Co-Sponsors

S2946A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7050A
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §440.50, CP L; amd §259-i, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S730, A3596

S2946A (ACTIVE) - Bill Texts

view summary

Provides for family members of a crime victim and interested parties to make statements to members of the parole board; provides that such oral statement shall be made to the members of the state board of parole who will determine whether the defendant is released.

view sponsor memo
BILL NUMBER:S2946A

TITLE OF BILL:
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

PURPOSE:
Provides for family members of a crime victim and interested parties to
make statements to members of the parole board.

SUMMARY OF PROVISIONS:
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 laws of 1985. Section 2. Paragraph
(c) of subdivision 2 of section 38-f-1 of subpart A of part C of chapter
62 of the laws of 2011. Section 3. This act shall take effect on the
first of November next succeeding the date on which it shall have become
a law.

JUSTIFICATION:
Prior to a convicted criminals parole hearing, it is necessary that
proper action is taken to ensure all evidence is brought to the atten-
tion and consideration of the parole board. It is therefore crucial to
hear testimony from not only the victim and the criminal, but family
members and interested parties of a crime victim as well. Any person
who has been involved in the case and can provide sufficient information
should be allowed to go before all three members of the parole board to
testify. Previously, only one parole board member was required to hear
testimony from family members. Giving family members the opportunity to
speak before the parole board will make the process open and more fair
to a victim's family who has gone through an emotional roller coaster
since the criminal act was committed. A convict has the ability to plead
his case before all three members of the parole board. Why can't all
family members and interested parties have the same opportunity to speak
to all board members? It is the states responsibility that crime
victim's rights be preserved, ensuring a more judicious process.

LEGISLATIVE HISTORY:
2011: S.2946 - 3rd Reading Calendar/A.3596 - Referred to Codes
2010: S.730 - Referred to Codes/A.3596 - Referred to Codes
2009: S.730 - Referred to Codes/A.3596 - Referred to Codes
2008: S.6825 - Passed Senate/A.10118 - Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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

                                 2946--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced  by  Sens.  LANZA, AVELLA, NOZZOLIO -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  recommitted to the Committee on Codes in accordance with  Senate  Rule
  6,  sec. 8 -- 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03683-05-2

S. 2946--A                          2

otaped victim impact statement to  the  department  of  corrections  and
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

S. 2946--A                          3

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;
(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.

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