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
                               ___________

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.