Assembly Bill A2405

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

                                  2405

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2013
                               ___________

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

AN ACT to amend the executive law and the  criminal  procedure  law,  in
  relation  to victims' rights to parole information and notice of crime
  disposition

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

  Section  1.  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:
  (a)  (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 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 paro-
lee comply with any restitution order, mandatory surcharge, sex offender
registration fee and DNA databank fee previously imposed by a  court  of
competent jurisdiction that applies to the parolee. The conditions shall
indicate  which restitution collection agency established under subdivi-
sion eight of section 420.10 of the criminal  procedure  law,  shall  be
responsible  for  collection  of  restitution,  mandatory surcharge, sex

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03475-01-3
              

A. 2405                             2

offender registration fees and DNA databank  fees  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 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.
  (ii) Any inmate who is scheduled for presumptive release  pursuant  to
section  eight hundred six of the correction law shall not appear before
the board as provided in subparagraph (i) of this paragraph unless  such
inmate's  scheduled  presumptive  release  is  forfeited,  canceled,  or
rescinded subsequently as provided in  such  law.  In  such  event,  the
inmate  shall  appear  before  the  board  for  release consideration as
provided in subparagraph (i) of this paragraph as soon thereafter as  is
practicable.
  S  2. 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 OF THIS ARTICLE. 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 paro-
lee comply with any restitution order and mandatory surcharge previously
imposed by a court of competent jurisdiction that applies to  the  paro-
lee.  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 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 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] FIFTEEN 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 indeterminate sentence, the notice provided to the crime victim shall

A. 2405                             3

also  inform  the victim of his or her right to submit a written, audio-
taped, 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  state-
ment  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.
  S  4.  This  act  shall  take  effect April 1, 2014; provided that the
amendments to paragraph (a) of subdivision 2 of  section  259-i  of  the
executive  law  made  by section one 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 two of this act shall take effect.