Senate Bill S4160A

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

                                 4160--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 21, 2011
                               ___________

Introduced  by  Sen.  SAVINO -- 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 and the  criminal  procedure  law,  in
  relation  to  enabling  victims  to  view  parole  hearings via closed
  circuit television or a secure online website

  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 a
new subdivision 18 to read as follows:
  18. PERMIT VICTIMS AND RELATIVES OF VICTIMS TO VIEW AN INMATE'S PAROLE
HEARING RELATING TO THEIR CASE VIA CLOSED CIRCUIT TELEVISION OR A SECURE
ONLINE WEBSITE.
  S 2. Subdivision 3 of section 641 of the executive law,  as  added  by
chapter  94  of the laws of 1984 and paragraph (d) as amended by chapter
618 of the laws of 1992, is amended to read as follows:
  3. Ensure notification  of  victims,  witnesses,  relatives  of  those
victims and witnesses who are minors, and relatives of homicide victims,
if  such persons provide the appropriate official with a current address
and telephone number, either by phone or by mail, if possible, of  judi-
cial proceedings relating to their case, including:
  (a) the arrest of an accused;
  (b) the initial appearance of an accused before a judicial officer;
  (c) the release of an accused pending judicial proceedings; [and]
  (d) proceedings in the prosecution of the accused including entry of a
plea  of  guilty,  trial,  sentencing,  but prior to sentencing specific
information shall be provided regarding the right  to  seek  restitution
and  reparation,  and  where a term of imprisonment is imposed, specific

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08390-02-2
              

S. 4160--A                          2

information shall be provided regarding maximum  and  minimum  terms  of
such imprisonment; AND
  (E) THE DATE AND TIME OF ANY PAROLE HEARING AS WELL AS THE LOCATION AT
WHICH  THE  VICTIM  AND  RELATIVES OF THE VICTIM MAY VIEW THE HEARING ON
CLOSED CIRCUIT TELEVISION OR THE SECURE  ONLINE  WEBSITE  ON  WHICH  THE
HEARING MAY BE VIEWED.
  S 3. 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 submit a  written,  audiotaped,
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 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.  THE NOTICE TO THE VICTIM SHALL ALSO INFORM THE VICTIM OF HIS OR
HER RIGHT TO VIEW THE DEFENDANT'S PAROLE HEARING ON CLOSED CIRCUIT TELE-
VISION OR OVER A SECURE ONLINE WEBSITE AND SHALL INFORM  THE  VICTIM  OF
THE INTENDED DATE AND TIME OF THE PAROLE HEARING AS WELL AS THE LOCATION
OR WEBSITE ADDRESS AT WHICH THE VICTIM MAY VIEW THE HEARING.
  S 4. This act shall take effect immediately.