Senate Bill S6406

                                 BILL NUMBER:  S6406

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation to the duties of the district attorney

 PURPOSE OF THE BILL :

This bill would require district attorneys to provide the Board of
Parole with a copy of the written notice it provides to a crime
victim, or his/her family, regarding the disposition of a criminal
matter, and the victim's right to be heard by the Board in connection
with the offender's possible release to parole.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Criminal Procedure Law § 440.50(1)
to require that the office of the prosecuting district attorney
provide the Board of Parole with a copy of the written notice provided
to victims of felony offenses under Article 125 of the Penal Law, or
violent felony offense under section 70.02 of the Penal Law, or other
offenses under Article 130.

Section 2 would make this law effective immediately.

 JUSTIFICATION :

              

The Board of Parole currently only becomes aware of a crime victim's
impact statement when the victim, or his/her representative,
independently contacts the Department of Corrections and Community
Supervision and provides such a statement. Unless and until that
contact occurs, apart from what may be reflected in the county
pre-sentence investigation report, the Board lacks useful information
about the victim, their current whereabouts and what they may or may
not know about their statutory right to be heard by the Parole Board.
This has resulted in instances where a victim only learns about an
inmate's possible release after the inmate has appeared before the
Board and been granted parole.

This bill would enable the Board to gain access to information about
all crime victims so that the Board can readily address matters
associated with their possible submission of victim impact statements
for its consideration. With this information and the Board's early
interaction with victims or their families, the Board would be assured
that in instances where an inmate serving a sentence for a homicide,
sex offense or violent felony offense is being considered for parole,
the victim or victim's representative have been contacted and apprised
of their right to be heard in connection with the inmate's possible
release.

This bill would also resolve a discrepancy between sections 440.50(1)
and 440.50(2) to include the notification to a victim of a felony
offense under Article 130 of the Penal Law. Although violent felony
offenses pursuant to Section 70.02 of the Penal Law encompass some sex
offenses, it does not include all felony offenses under Article 130.

 PRIOR LEGISLATIVE HISTORY :

This proposal was previously introduced as A.6945 (2015).

 FISCAL IMPLICATIONS :

There is no fiscal impact to the State. District attorney offices
would incur the costs associated with First Class mail.

 EFFECTIVE DATE :
This act shall take effect immediately.