Assembly Bill A9669

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

                                  9669

                          I N  A S S E M B L Y

                              May 14, 2014
                               ___________

Introduced  by M. of A. STECK -- read once and referred to the Committee
  on Governmental Operations

AN ACT to amend the  executive  law,  in  relation  to  notification  of
  certain persons upon the conditional release of an inmate convicted of
  a crime against a member of the same family or household

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 2 of section 259-c of the  executive  law,  as
amended by section 38-b of subpart A of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
  2. have the power and duty of determining the conditions of release of
the  person who may be presumptively released, conditionally released or
subject to a period of post-release supervision under  an  indeterminate
or  determinate  sentence  of imprisonment. WHERE AN INMATE TO BE CONDI-
TIONALLY RELEASED WAS CONVICTED OF A CRIME AND THE VICTIM IS  OR  WAS  A
MEMBER  OF  THE  SAME  FAMILY OR HOUSEHOLD AS THE INMATE IT SHALL BE THE
DUTY OF THE BOARD AT LEAST ONE WEEK PRIOR TO THE RELEASE TO  NOTIFY  THE
VICTIM  OR  VICTIMS OF SUCH OFFENSE, UNLESS THE VICTIM REFUSES OR HIS OR
HER WHEREABOUTS ARE UNKNOWN, THAT THE INMATE IS BEING  RELEASED  AND  OF
THE CONDITIONS OF SUCH RELEASE. SUCH NOTIFICATION SHALL BE SENT BY ELEC-
TRONIC MAIL WHEN THE ELECTRONIC MAIL ADDRESS OF THE VICTIM OR VICTIMS IS
AVAILABLE,  AND  WHEN  IT  IS  NOT,  BY CERTIFIED MAIL TO THE LAST KNOWN
ADDRESS OF THE VICTIM OR VICTIMS. WHEN SUCH ADDRESS  IS  A  SHELTER  FOR
VICTIMS  OF DOMESTIC ABUSE NOTICE SHALL ALSO BE GIVEN TO THE DIRECTOR OR
ADMINISTRATOR  OF  SUCH  SHELTER.  FOR  PURPOSES  OF  THIS  SUBDIVISION,
"MEMBERS OF THE SAME FAMILY OR HOUSEHOLD" SHALL MEAN THE FOLLOWING:
  (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER;
  (D)  PERSONS  WHO  HAVE  A CHILD IN COMMON, REGARDLESS OF WHETHER SUCH
PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
  S 2. Subdivision 2 of section 259-c of the executive law, as separate-
ly amended by chapter 904 of the laws of 1977 and chapter 1 of the  laws
of 1998, is amended to read as follows:

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

                                                           LBD03284-01-3

A. 9669                             2

  2. have the power and duty of determining the conditions of release of
the  person  who may be conditionally released or subject to a period of
post-release supervision under an indeterminate or reformatory  sentence
of  imprisonment  and  of  determining  which inmates serving a definite
sentence  of  imprisonment  may  be  conditionally released and when and
under what conditions. WHERE AN INMATE TO BE CONDITIONALLY RELEASED  WAS
CONVICTED OF A CRIME AND THE VICTIM IS OR WAS A MEMBER OF THE SAME FAMI-
LY OR HOUSEHOLD AS THE INMATE IT SHALL BE THE DUTY OF THE BOARD AT LEAST
ONE  WEEK  PRIOR  TO THE RELEASE TO NOTIFY THE VICTIM OR VICTIMS OF SUCH
OFFENSE, UNLESS THE  VICTIM  REFUSES  OR  HIS  OR  HER  WHEREABOUTS  ARE
UNKNOWN, THAT THE INMATE IS BEING RELEASED AND OF THE CONDITIONS OF SUCH
RELEASE.  SUCH  NOTIFICATION  SHALL  BE SENT BY ELECTRONIC MAIL WHEN THE
ELECTRONIC MAIL ADDRESS OF THE VICTIM OR VICTIMS IS AVAILABLE, AND  WHEN
IT  IS NOT, BY CERTIFIED MAIL TO THE LAST KNOWN ADDRESS OF THE VICTIM OR
VICTIMS. WHEN SUCH ADDRESS IS A SHELTER FOR VICTIMS  OF  DOMESTIC  ABUSE
NOTICE  SHALL  ALSO  BE  GIVEN  TO THE DIRECTOR OR ADMINISTRATOR OF SUCH
SHELTER. FOR PURPOSES OF THIS SUBDIVISION, "MEMBERS OF THE  SAME  FAMILY
OR HOUSEHOLD" SHALL MEAN THE FOLLOWING:
  (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER;
  (D)  PERSONS  WHO  HAVE  A CHILD IN COMMON, REGARDLESS OF WHETHER SUCH
PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law;  provided  that the amendments to subdivision 2 of
section 259-c of the executive law, made by section  one  of  this  act,
shall  not  affect  the expiration and reversion of such subdivision and
shall expire therewith, when upon such date the  provisions  of  section
two of this act shall take effect; and shall apply to all inmates condi-
tionally released on or after the effective date of this act.