senate Bill S733A

2011-2012 Legislative Session

Authorizes the personal appearance of crime victims at the parole hearings of the offender

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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
Jun 13, 2012 print number 733a
amend and recommit to codes
Jan 04, 2012 referred to codes
Jan 05, 2011 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S733 - Bill Details

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:
S1465

S733 - Bill Texts

view summary

Requires that the district attorney inform the victim of a crime of such victim's right to personally or by representative appear, where the crime victim is deceased or is mentally or physically incapacitated, and be heard at the defendant's parole hearing; establishes qualifications to be a crime victim's representative.

view sponsor memo
BILL NUMBER:S733

TITLE OF BILL:
An act
to amend the criminal procedure law and the executive law, in
relation to appearance of a victim at parole hearings

PURPOSE:
To provide the victim of a crime the opportunity to
personally appear and give oral testimony at parole board hearings
for the person convicted of the crime.

SUMMARY OF PROVISIONS:
Amends Criminal Procedure Law § 440.50 and the
Executive Law § 259-i(2) to include the right of the victim of a
crime to appear and be heard at parole hearings.

EXISTING LAW:
Present law allows the person guilty of the crime to
appear at the parole board hearing and for the victim either to
submit a written statement or to meet before the parole hearing with
a member of the panel. This bill would allow the victim or victim's
representatives to appear and be heard at the parole hearing itself.

JUSTIFICATION:
The victim of a crime deserves a voice in our criminal
justice system and should have a right to participate in hearings
regarding the parole of the prisoner. Victims have a legitimate
interest in not only seeing that their attackers are appropriately
punished, but also that they are not released prematurely to harm
others.
The parole board takes into consideration the prisoner's behavior
while incarcerated, yet no one knows better than the victim how
dangerous and ruthless this parole candidate was before he was
subject to the scrutiny of the parole board.
As of 1987, 31 states had a victims' "right of allocution" whereby
victims are permitted to express their statements orally at the
parole hearing itself; this is comparable to the right an offender
traditionally has to address the parole board. While the victims now
can meet with a member of the parole panel, victims still cannot
appear and be heard at the parole hearing. This bill corrects such a
deficiency.

LEGISLATIVE HISTORY:
208 - 2010 Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
November 1st next succeeding the date it shall become
law, with provisions.

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

                                   733

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  ROBACH -- 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 appearance of a victim at parole hearings

  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 (I) 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 proce-
dures and limitations contained in rules of the board, [both]  AND  (II)
APPEAR AND BE HEARD AT THE PAROLE HEARING pursuant to 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  state-
ment  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01932-01-1

S. 733                              2

  S 2. 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:
  (a)  (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 should be paroled in
accordance with the guidelines adopted pursuant to subdivision  four  of
section two hundred fifty-nine-c of this article.  AT THE SAME TIME, THE
BOARD  SHALL  GRANT  TO THE CRIME VICTIM OR THE VICTIM'S REPRESENTATIVE,
WHERE THE CRIME VICTIM IS DECEASED OR IS MENTALLY OR PHYSICALLY INCAPAC-
ITATED, AN OPPORTUNITY TO APPEAR AND BE HEARD. A CRIME  VICTIM'S  REPRE-
SENTATIVE  SHALL MEAN THE CRIME VICTIM'S CLOSEST SURVIVING RELATIVE, THE
COMMITTEE OR GUARDIAN OF SUCH PERSON, OR THE LEGAL REPRESENTATIVE OF ANY
SUCH PERSON. 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.
  (ii) Any inmate who is scheduled for presumptive release  pursuant  to
section  eight hundred six of the correction law shall not appear before
the parole board as provided  in  subparagraph  (i)  of  this  paragraph
unless   such  inmate's  scheduled  presumptive  release  is  forfeited,
canceled, or rescinded subsequently as provided in  such  law.  In  such
event,  the  inmate  shall  appear  before  the parole board for release
consideration as provided in subparagraph (i) of this paragraph as  soon
thereafter as is practicable.
  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  should be paroled at the expiration of the minimum period or periods
in accordance with the guidelines adopted pursuant to  subdivision  four
of  section two hundred fifty-nine-c.  AT THE SAME TIME, THE BOARD SHALL
GRANT TO THE CRIME VICTIM OR  THE  VICTIM'S  REPRESENTATIVE,  WHERE  THE
CRIME  VICTIM IS DECEASED OR IS MENTALLY OR PHYSICALLY INCAPACITATED, AN
OPPORTUNITY TO APPEAR AND BE  HEARD.  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

S. 733                              3

PERSON.  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  reconsider-
ation,  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
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.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become  a  law,  provided  that  the
amendments  to  paragraph  (a)  of subdivision 2 of section 259-i of the
executive law made by section two of this act shall be  subject  to  the
expiration  and reversion of such paragraph pursuant to subdivision d of
section 74 of chapter 3 of the laws of 1995, as amended, when upon  such
date the provisions of section three of this act shall take effect.

Co-Sponsors

S733A (ACTIVE) - Bill Details

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:
S1465

S733A (ACTIVE) - Bill Texts

view summary

Requires that the district attorney inform the victim of a crime of such victim's right to personally or by representative appear, where the crime victim is deceased or is mentally or physically incapacitated, and be heard at the defendant's parole hearing; establishes qualifications to be a crime victim's representative.

view sponsor memo
BILL NUMBER:S733A

TITLE OF BILL:
An act
to amend the criminal procedure law and the executive law, in
relation to appearance of a victim at parole hearings

PURPOSE:
To provide the victim of a crime the opportunity to
personally appear and give oral testimony at parole board hearings
for the person convicted of the crime.

SUMMARY OF PROVISIONS:
Amends Criminal Procedure Law § 440.50 and the
Executive Law § 259-i(2) to include the right of the victim of a
crime to appear and be heard at parole hearings.

EXISTING LAW:
Present law allows the person guilty of the crime to
appear at the parole board hearing and for the victim either to
submit a written statement or to meet before the parole hearing with
a member of the panel. This bill would allow the victim or victim's
representatives to appear and be heard at the parole hearing itself.

JUSTIFICATION:
The victim of a crime deserves a voice in our criminal
justice system and should have a right to participate in hearings
regarding the parole of the prisoner. Victims have a legitimate
interest in not only seeing that their attackers are appropriately
punished, but also that they are not released prematurely to harm
others.
The parole board takes into consideration the prisoner's behavior
while incarcerated, yet no one knows better than the victim how
dangerous and ruthless this parole candidate was before he was
subject to the scrutiny of the parole board.
As of 1987, 31 states had a victims' "right of allocution" whereby
victims are permitted to express their statements orally at the
parole hearing itself; this is comparable to the right an offender
traditionally has to address the parole board. While the victims now
can meet with a member of the parole panel, victims still cannot
appear and be heard at the parole hearing. This bill corrects such a
deficiency.

LEGISLATIVE HISTORY:
208 - 2010 Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
November 1st next succeeding the date it shall become
law, with provisions.

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

                                 733--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. ROBACH, NOZZOLIO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes  --  recom-
  mitted  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 appearance of a victim at parole hearings

  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 section 80 of subpart B of part C of  chapter  62  of
the laws of 2011, 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 corrections and community supervision for an indeter-
minate sentence, the notice provided to  the  crime  victim  shall  also
inform  the  victim  of his or her right to (I) submit a written, audio-
taped, or videotaped  victim  impact  statement  to  the  department  of
corrections  and  community  supervision  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  limitations
contained  in rules of the board, [both] AND (II) APPEAR AND BE HEARD AT
THE PAROLE HEARING pursuant to subdivision two of  section  two  hundred
fifty-nine-i  of  the  executive law. The right of the victim under this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01932-02-2

S. 733--A                           2

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. Paragraph (a) of subdivision 2 of section 259-i  of the executive
law,  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:
  (a) (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.  AT THE SAME  TIME,
THE  BOARD  SHALL  GRANT  TO  THE CRIME VICTIM OR THE VICTIM'S REPRESEN-
TATIVE, WHERE THE CRIME VICTIM IS DECEASED OR IS MENTALLY OR  PHYSICALLY
INCAPACITATED,  AN OPPORTUNITY TO APPEAR AND BE HEARD. A CRIME VICTIM OR
THE VICTIM'S REPRESENTATIVE MAY ELECT TO  APPEAR  VIA  VIDEO  CONFERENCE
WHERE  SUCH  VICTIM  OR  VICTIM'S  REPRESENTATIVE  PREFERS  OR WHERE THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION  DEEM  IT  NECESSARY
FOR  SECURITY  PURPOSES.  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. 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 proce-
dures 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 databank fee previously imposed by
a court of competent jurisdiction  that  applies  to  the  parolee.  The
conditions  shall  indicate  which  restitution collection agency estab-
lished under subdivision eight of section 420.10 of the criminal  proce-
dure  law, shall be responsible for collection of restitution, mandatory
surcharge, sex offender registration  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.
  (ii) Any inmate who is scheduled for presumptive release  pursuant  to
section  eight hundred six of the correction law shall not appear before
the board as provided in subparagraph (i) of this paragraph unless  such
inmate's  scheduled  presumptive  release  is  forfeited,  canceled,  or
rescinded subsequently as provided in  such  law.  In  such  event,  the
inmate  shall  appear  before  the  board  for  release consideration as
provided in subparagraph (i) of this paragraph as soon thereafter as  is
practicable.
  S  3. Paragraph (a) of subdivision 2 of section 259-i of the executive
law, as amended by section 38-f-2 of subpart A of part C of  chapter  62
of the laws of 2011, 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

S. 733--A                           3

periods in accordance with the procedures adopted pursuant  to  subdivi-
sion  four  of  section two hundred fifty-nine-c.  AT THE SAME TIME, THE
BOARD SHALL GRANT TO THE CRIME VICTIM OR  THE  VICTIM'S  REPRESENTATIVE,
WHERE THE CRIME VICTIM IS DECEASED OR IS MENTALLY OR PHYSICALLY INCAPAC-
ITATED,  AN  OPPORTUNITY  TO  APPEAR AND BE HEARD. A CRIME VICTIM OR THE
VICTIM'S REPRESENTATIVE MAY ELECT TO APPEAR VIA VIDEO  CONFERENCE  WHERE
SUCH  VICTIM  OR VICTIM'S REPRESENTATIVE PREFERS OR WHERE THE DEPARTMENT
OF CORRECTIONS AND COMMUNITY SUPERVISION DEEM IT NECESSARY FOR  SECURITY
PURPOSES.  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. 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 appropriate, include a requirement that  the
parolee comply with any restitution order and mandatory surcharge previ-
ously  imposed  by a court of competent jurisdiction that applies to the
parolee. The conditions  shall  indicate  which  restitution  collection
agency  established  under  subdivision  eight  of section 420.10 of the
criminal procedure law, shall be responsible for collection of  restitu-
tion  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.
  S 4. This act shall take effect on the first of November next succeed-
ing  the  date  on  which  it shall have become a law, provided that the
amendments to paragraph (a) of subdivision 2 of  section  259-i  of  the
executive  law  made  by section two of this act shall be subject to the
expiration and reversion of such paragraph pursuant to subdivision d  of
section  74 of chapter 3 of the laws of 1995, as amended, when upon such
date the provisions of section three of this act shall take effect.

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