S T A T E O F N E W Y O R K
________________________________________________________________________
4964
2011-2012 Regular Sessions
I N A S S E M B L Y
February 9, 2011
___________
Introduced by M. of A. MAYERSOHN -- Multi-Sponsored by -- M. of A.
CLARK, COLTON, GALEF, PHEFFER -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law and the criminal procedure law, in
relation to victims' rights to parole information and notice of crime
disposition
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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. 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 shall be given a copy of the conditions of parole. Such
conditions shall where appropriate, include a requirement that the paro-
lee 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 board of parole
shall indicate which restitution collection agency established under
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08588-01-1
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subdivision eight of section 420.10 of the criminal procedure 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. IF PAROLE IS GRANTED, A STATEMENT OF THE
REASONS FOR GRANTING PAROLE SHALL BE STATED IN WRITING AND SHALL BE
PROVIDED, WITHIN A REASONABLE TIME AFTER SUCH DECISION, TO A VICTIM OR
VICTIM'S REPRESENTATIVE WHO HAS FILED A STATEMENT PURSUANT TO PARAGRAPH
(C) OF THIS SUBDIVISION.
(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 2. 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 OF THIS ARTICLE. 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 shall be given a copy of the conditions of parole. Such
conditions shall where appropriate, include a requirement that the paro-
lee comply with any restitution order and mandatory surcharge previously
imposed by a court of competent jurisdiction that applies to the paro-
lee. The board of parole 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. IF PAROLE IS GRANTED, A STATEMENT OF THE REASONS FOR GRANTING
PAROLE SHALL BE STATED IN WRITING AND SHALL BE PROVIDED, WITHIN A
REASONABLE TIME AFTER SUCH DECISION, TO A VICTIM OR VICTIM'S REPRESEN-
TATIVE WHO HAS FILED A STATEMENT PURSUANT TO PARAGRAPH (C) OF THIS
SUBDIVISION.
S 3. 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] FIFTEEN days of the final disposition of
the case, inform the victim by letter of such final disposition. If such
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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 vide-
otaped 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 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 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 4. This act shall take effect April 1, 2013; provided that the
amendments to paragraph (a) of subdivision 2 of section 259-i of the
executive law made by section one 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 two of this act shall take effect.