S T A T E O F N E W Y O R K
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3249--A
2011-2012 Regular Sessions
I N S E N A T E
February 14, 2011
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Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction -- recommitted to the Committee on Crime Victims, Crime and
Correction 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 executive law, in relation to directing the board of
parole, on its internet homepage, to maintain a list of inmates eligi-
ble for parole and to provide crime victims a means to register to
receive notice of the parole hearing of the inmate who committed the
crime against such victim, requiring the board of parole to submit a
report on the inmates granted parole, the consideration of inmates for
parole, and the crime victims fair treatment standard pamphlet
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 259-c of the executive law is amended by adding two
new subdivisions 18 and 19 to read as follows:
18. ON ITS INTERNET HOMEPAGE:
(A) PROVIDE AND MAINTAIN ON A CURRENT BASIS A LISTING OF ALL INMATES
WHO WILL APPEAR BEFORE THE BOARD AT SOME FUTURE DATE, AND FOR EACH SUCH
INMATE THE DATE OF SUCH APPEARANCE, THE CRIME OR CRIMES OF CONVICTION
AND THE INMATE'S NEW YORK STATE IDENTIFICATION NUMBER; AND
(B) PROVIDE A MEANS FOR ANY VICTIM, AS SUCH TERM IS DEFINED IN SUBDI-
VISION TWO OF SECTION 440.50 OF THE CRIMINAL PROCEDURE LAW, TO REGISTER
TO RECEIVE NOTICE AT SUCH PERSON'S ELECTRONIC MAIL ADDRESS OR HIS OR HER
PERSONAL MAIL ADDRESS OR BOTH THE ELECTRONIC MAIL ADDRESS AND PERSONAL
MAIL ADDRESS OF THE DATE OF THE SCHEDULED APPEARANCE BEFORE THE BOARD OF
THE INMATE WHO WAS CONVICTED OF THE CRIME AGAINST THE VICTIM.
19. PRESENT TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, MINOR-
ITY LEADER OF THE SENATE, SPEAKER OF THE ASSEMBLY AND THE MINORITY LEAD-
ER OF THE ASSEMBLY A QUARTERLY REPORT DETAILING THE NUMBER OF INMATES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01260-02-1
S. 3249--A 2
WHO APPEARED BEFORE THE BOARD PURSUANT TO SECTION TWO HUNDRED
FIFTY-NINE-I OF THIS ARTICLE AND THE NUMBER OF SUCH INMATES WHO WERE
GRANTED PAROLE, SEPARATELY STATING THE INFORMATION FOR THOSE CONVICTED
OF A CLASS A FELONY, THOSE CONVICTED OF A VIOLENT FELONY OFFENSE, AS
DEFINED IN SECTION 70.02 OF THE PENAL LAW, AND THOSE CONVICTED OF AN
OFFENSE OTHER THAN A CLASS A FELONY OR A VIOLENT FELONY OFFENSE; AND FOR
EACH INMATE WHO WAS RELEASED TO PAROLE BY THE BOARD, THE NAME OF THE
INMATE, THE CRIME OR CRIMES OF CONVICTION, THE COUNTY OF CONVICTION, THE
SENTENCE IMPOSED UPON SUCH INMATE AND THE AMOUNT OF SUCH SENTENCE WHICH
HAS BEEN SERVED BY THE INMATE IN CONFINEMENT PRIOR TO RELEASE ON PAROLE.
THE INITIAL REPORT REQUIRED BY THIS SUBDIVISION SHALL BE FOR THE PERIOD
BEGINNING SEPTEMBER FIRST, TWO THOUSAND THIRTEEN AND ENDING DECEMBER
THIRTY-FIRST, TWO THOUSAND THIRTEEN AND SHALL BE PRESENTED NO LATER THAN
JANUARY THIRTY-FIRST, TWO THOUSAND FOURTEEN. THEREAFTER, EACH QUARTERLY
REPORT SHALL BE PRESENTED NO LATER THAN THIRTY DAYS AFTER THE CLOSE OF
EACH QUARTER.
S 2. Subparagraph (i) of 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:
(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. NOTWITHSTANDING
ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, AN INMATE WHO IS
CONVICTED OF A CLASS A FELONY MUST BE INTERVIEWED BY NOT LESS THAN THREE
MEMBERS OF THE BOARD AND PAROLE SHALL NOT BE GRANTED TO SUCH INMATE
EXCEPT UPON THE CONCURRENCE OF ALL OF THE MEMBERS WHO HAVE INTERVIEWED
SUCH INMATE. 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 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, mandato-
ry surcharge, sex offender registration fee and DNA databank fee 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, mandatory surcharge, sex offender registration fees and DNA data-
bank fees as provided for in section 60.35 of the penal law and section
eighteen hundred nine of the vehicle and traffic law. NOT LESS THAN
NINE MONTHS PRIOR TO THE DATE THAT AN INMATE WILL BE PERSONALLY INTER-
VIEWED BY THE MEMBERS OF THE BOARD, NOTICE OF THE DATE OF SUCH INTERVIEW
SHALL BE GIVEN TO THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE
INMATE WAS CONVICTED; AND NOTICE OF THE DATE OF SUCH INTERVIEW AND A
STATEMENT OF THE VICTIM'S RIGHTS UNDER SECTION 440.50 OF THE CRIMINAL
PROCEDURE LAW SHALL BE GIVEN BY THE BOARD TO THE VICTIM, AS SUCH TERM IS
DEFINED IN SUBDIVISION TWO OF SECTION 440.50 OF THE CRIMINAL PROCEDURE
LAW, PROVIDED THAT THE VICTIM HAS REQUESTED SUCH NOTICE. THE VICTIM MAY
REQUEST SUCH NOTICE IN THE MANNER PROVIDED BY SECTION 440.50 OF THE
S. 3249--A 3
CRIMINAL PROCEDURE LAW, OR AT ANY OTHER TIME BY WRITTEN REQUEST TO THE
BOARD OR BY REQUESTING SUCH NOTICE ON THE INTERNET WEBSITE OF THE BOARD
AS PROVIDED IN SUBDIVISION EIGHTEEN OF SECTION TWO HUNDRED FIFTY-NINE-C
OF THIS ARTICLE.
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
periods in accordance with the procedures adopted pursuant to subdivi-
sion four of section two hundred fifty-nine-c OF THIS ARTICLE. NOTWITH-
STANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, AN INMATE
WHO IS CONVICTED OF A CLASS A FELONY MUST BE INTERVIEWED BY NOT LESS
THAN THREE MEMBERS OF THE BOARD AND PAROLE SHALL NOT BE GRANTED TO SUCH
INMATE EXCEPT UPON THE CONCURRENCE OF ALL OF THE MEMBERS WHO HAVE INTER-
VIEWED SUCH INMATE. 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 parolee comply with any restitution order
and mandatory surcharge previously 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 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. NOT LESS THAN NINE MONTHS PRIOR TO THE DATE
THAT AN INMATE WILL BE PERSONALLY INTERVIEWED BY THE MEMBERS OF THE
BOARD, NOTICE OF THE DATE OF SUCH INTERVIEW SHALL BE GIVEN TO THE
DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE INMATE WAS CONVICTED; AND
NOTICE OF THE DATE OF SUCH INTERVIEW AND A STATEMENT OF THE VICTIM'S
RIGHTS UNDER SECTION 440.50 OF THE CRIMINAL PROCEDURE LAW SHALL BE GIVEN
BY THE BOARD TO THE VICTIM, AS SUCH TERM IS DEFINED IN SUBDIVISION TWO
OF SECTION 440.50 OF THE CRIMINAL PROCEDURE LAW, PROVIDED THAT THE
VICTIM HAS REQUESTED SUCH NOTICE. THE VICTIM MAY REQUEST SUCH NOTICE IN
THE MANNER PROVIDED BY SECTION 440.50 OF THE CRIMINAL PROCEDURE LAW, OR
AT ANY OTHER TIME BY WRITTEN REQUEST TO THE BOARD OR BY REQUESTING SUCH
NOTICE ON THE INTERNET WEBSITE OF THE BOARD AS PROVIDED IN SUBDIVISION
EIGHTEEN OF SECTION TWO HUNDRED FIFTY-NINE-C OF THIS ARTICLE.
S 4. Paragraph (g) of subdivision 2 of section 646-a of the executive
law, as added by chapter 186 of the laws of 2005, is amended to read as
follows:
(g) the rights of crime victims to be aware of the defendant's incar-
ceration status by providing the [division] BOARD of parole's contact
information, including the [division's] BOARD'S toll-free telephone
number, as provided for in subdivision two of section two hundred
fifty-nine-i of this chapter, AND THE INTERNET WEB ADDRESS OF THE BOARD,
AS PROVIDED BY SUBDIVISION EIGHTEEN OF SECTION TWO HUNDRED FIFTY-NINE-C
OF THIS CHAPTER. Such notice shall advise the crime victim to use the
S. 3249--A 4
[division's] BOARD'S toll-free telephone number OR INTERNET WEBSITE to
update contact information.
S 5. This act shall take effect immediately, provided that:
(a) subdivision 18 of section 259-c of the executive law, as added by
section one of this act, and section four of this act shall take effect
on the one hundred eightieth day after it shall have become a law, and
effective immediately, any rules and regulations, and any other actions,
necessary to implement such provisions of this act on their effective
date are authorized and directed to be completed on or before such date;
and
(b) 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 subdivi-
sion 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.
