S T A T E O F N E W Y O R K
________________________________________________________________________
3380
2013-2014 Regular Sessions
I N A S S E M B L Y
January 25, 2013
___________
Introduced by M. of A. RABBITT, KOLB, FINCH, RAIA, McDONOUGH, McKEVITT
-- Multi-Sponsored by -- M. of A. CROUCH -- read once and referred to
the Committee on Codes
AN ACT to amend the criminal procedure law and the executive law, in
relation to the rights of a crime victim at parole proceedings
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. (A) 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] BE PRESENT AT PROCEEDINGS OF THE STATE
DIVISION OF PAROLE REGARDING RELEASE OF SUCH DEFENDANT. THE VICTIM SHALL
ALSO BE NOTIFIED OF THEIR RIGHT TO PROVIDE AN ORAL OR WRITTEN STATEMENT
OR BOTH AT PROCEEDINGS OF THE BOARD, INCLUDING THE PERSONAL INTERVIEW OF
THE INMATE, AND THAT THEY WILL ALSO BE PROVIDED THE OPPORTUNITY TO PRES-
ENT THEIR VIEWS IN PERSON TO THE SAME MEMBER OF THE BOARD WHO CONDUCTED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05366-01-3
A. 3380 2
THE INTERVIEW WITH THE INMATE AT A MUTUALLY CONVENIENT LOCATION PRIOR TO
THE DETERMINATION OF THE BOARD 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.
(B) NOTIFICATION OF VICTIMS BY THE DISTRICT ATTORNEY PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION SHALL BE REQUIRED FOR THE FOLLOWING
OFFENSES: ANY VIOLENT FELONY OFFENSE DEFINED IN SECTION 70.02 OF THE
PENAL LAW, AN ATTEMPT TO COMMIT ANY SEX OFFENSE AND ANY SEX OFFENSE
DEFINED IN ARTICLE ONE HUNDRED THIRTY OR TWO HUNDRED SIXTY-THREE OF THE
PENAL LAW, AN ATTEMPT TO COMMIT INCEST AND INCEST IN THE THIRD DEGREE AS
DEFINED IN SECTION 255.25 OF THE PENAL LAW, MURDER IN THE SECOND DEGREE
AS DEFINED IN SECTION 125.25 OF THE PENAL LAW, AN ATTEMPT TO COMMIT
MURDER IN THE FIRST DEGREE AND MURDER IN THE FIRST DEGREE AS DEFINED IN
SECTION 125.27 OF THE PENAL LAW, AN ATTEMPT TO COMMIT MANSLAUGHTER IN
THE SECOND DEGREE AND MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN
SECTION 125.15 OF THE PENAL LAW, VEHICULAR MANSLAUGHTER IN THE FIRST
DEGREE AS DEFINED IN SECTION 125.13 OF THE PENAL LAW, VEHICULAR
MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.12 OF THE
PENAL LAW, CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION 125.10 OF
THE PENAL LAW, KIDNAPPING IN THE FIRST DEGREE AS DEFINED IN SECTION
135.25 OF THE PENAL LAW, MENACING IN THE FIRST DEGREE AS DEFINED IN
SECTION 120.13 OF THE PENAL LAW, AND ARSON IN THE FIRST DEGREE AS
DEFINED IN SECTION 150.20 OF THE PENAL LAW.
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 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 GRANTED,
A STATEMENT OF THE REASONS FOR GRANTING PAROLE SHALL BE STATED IN WRIT-
ING AND TRANSCRIPTS OF ALL INTERVIEWS 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. 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-
A. 3380 3
bank fees as provided for in section 60.35 of the penal law and section
eighteen hundred nine of the vehicle and traffic law.
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 should be paroled at the expiration of the minimum period or periods
in accordance with the procedures adopted pursuant to subdivision four
of section two hundred fifty-nine-c. 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 determi-
nation 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. IF PAROLE IS GRANTED, A
STATEMENT OF THE REASONS FOR GRANTING PAROLE SHALL BE STATED IN WRITING
AND TRANSCRIPTS OF ALL INTERVIEWS 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.
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 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.