S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6200--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sens.  LANZA, HELMING -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes  --  recom-
   mitted  to  the  Committee  on Codes 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 criminal procedure law and the executive law, in
   relation to requiring that all family members of a  crime  victim  and
   all  interested  parties who want to give a victim impact statement to
   parole board members be allowed to do so
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 440.50 of the criminal procedure law, as added by
 chapter 496 of the laws of 1978, subdivision 1 as amended by chapter 193
 of the laws of 2017, and subdivision 2 as amended by chapter 14  of  the
 laws of 1985, is amended to read as follows:
 § 440.50 Notice to crime victims, FAMILY MEMBERS OF A CRIME VICTIM OR AN
            INTERESTED PARTY of case disposition.
   1. Upon the request of a victim of a crime, A FAMILY MEMBER OF A CRIME
 VICTIM OR AN INTERESTED PARTY, 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, a felony defined  in  article
 one  hundred twenty-five of such law, or a felony defined in article one
 hundred thirty of such law, the district attorney  shall,  within  sixty
 days of the final disposition of the case, inform the victim OR A FAMILY
 MEMBER  OF  A  CRIME  VICTIM  OR  AN INTERESTED PARTY WHO REQUESTS TO BE
 INFORMED by letter of such final disposition. If such final  disposition
 results in the commitment of the defendant to the custody of the depart-
 ment  of  corrections  and  community  supervision  for an indeterminate
 sentence, the notice provided to the crime victim, A FAMILY MEMBER OF  A
 CRIME  VICTIM  OR AN INTERESTED PARTY shall also inform [the victim] HIM
 OR HER of his or her right to submit a  written,  audiotaped,  or  vide-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02553-02-8

 S. 6200--A                          2
 
 otaped  victim  impact  statement  to  the department of corrections and
 community supervision or to meet personally with [a member]  MEMBERS  of
 the  state  board  of parole WHO WILL DETERMINE WHETHER THE DEFENDANT IS
 RELEASED  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.  A  copy  of such letter shall be
 provided to the board of parole. The  right  of  the  victim,  A  FAMILY
 MEMBER  OF  A CRIME VICTIM OR AN INTERESTED PARTY under this subdivision
 to submit a written victim impact statement or to meet  personally  with
 [a member] MEMBERS of the state board of parole applies to each personal
 interview between a member or members of the board and the inmate.
   2.  As  used  in  this  section,  "victim" means any person alleged or
 found, upon the record, to have sustained physical or  financial  injury
 to  person  or  property  as  a  direct result of the crime charged or a
 person alleged or found to have sustained, upon the record,  an  offense
 under  article  one hundred thirty of the penal law, or in the case of a
 homicide or minor child, the victim's family.
   3. As used in this section,  "final  disposition"  means  an  ultimate
 termination  of  the  case at the trial level including, but not limited
 to, dismissal, acquittal, or imposition of sentence by the court,  or  a
 decision  by the district attorney, for whatever reason, to not file the
 case.
   4. AS USED IN THIS SECTION, "FAMILY MEMBER OF A CRIME VICTIM" MEANS  A
 MEMBER  OF  THE  VICTIM'S IMMEDIATE FAMILY WHO IS AT LEAST SIXTEEN YEARS
 OLD.
   5. AS USED IN THIS SECTION, "INTERESTED PARTY" SHALL  MEAN  A  PERSON,
 WHO  IS  NOT  A FAMILY MEMBER OF A CRIME VICTIM, DESIGNATED BY THE JUDGE
 WHO IMPOSES THE SENTENCE ON THE  DEFENDANT,  AS  A  PERSON  WHO  HAS  AN
 INVOLVEMENT  WITH  THE  CASE SUFFICIENT TO MAKE HIM OR HER AN INTERESTED
 PARTY. THE JUDGE WHO IMPOSES THE SENTENCE ON A DEFENDANT SHALL DESIGNATE
 INTERESTED PARTIES, IF ANY, AT THE TIME OF SENTENCING.
   § 2. Paragraph (c) of subdivision 2 of section 259-i of the  executive
 law,  as  separately amended by chapters 40 and 126 of the laws of 1999,
 subparagraph (A) as amended by chapter 130  of  the  laws  of  2016,  is
 amended to read as follows:
   (c) (A) Discretionary release on parole shall not be granted merely as
 a  reward  for  good  conduct  or  efficient performance of duties while
 confined but after considering if  there  is  a  reasonable  probability
 that,  if  such  inmate  is released, he will live and remain at liberty
 without violating the law, and that his release is not incompatible with
 the welfare of society and will not so deprecate the seriousness of  his
 crime  as  to  undermine  respect  for law. In making the parole release
 decision, the procedures adopted pursuant to subdivision four of section
 two hundred fifty-nine-c of this article shall require that the  follow-
 ing  be considered: (i) the institutional record including program goals
 and accomplishments, academic achievements, vocational education, train-
 ing or  work  assignments,  therapy  and  interactions  with  staff  and
 inmates;  (ii)  performance,  if  any,  as  a participant in a temporary
 release program; (iii)  release  plans  including  community  resources,
 employment, education and training and support services available to the
 inmate;  (iv)  any  deportation  order  issued by the federal government
 against the inmate while in the custody of the department and any recom-
 mendation regarding deportation made by the commissioner of the  depart-
 ment  pursuant to section one hundred forty-seven of the correction law;

 S. 6200--A                          3
 
 (v) any current or prior statement made to the board by the crime victim
 or the victim's representative, where the crime victim is deceased or is
 mentally or physically incapacitated OR  A  FAMILY  MEMBER  OF  A  CRIME
 VICTIM  OR INTERESTED PARTY AS DEFINED IN SECTION 440.50 OF THE CRIMINAL
 PROCEDURE LAW; (vi) the length of the determinate sentence to which  the
 inmate  would  be  subject had he or she received a sentence pursuant to
 section 70.70 or section 70.71 of the penal law for a felony defined  in
 article  two  hundred  twenty  or  article two hundred twenty-one of the
 penal law; (vii) the seriousness of the offense with  due  consideration
 to  the  type of sentence, length of sentence and recommendations of the
 sentencing court, the district attorney, the attorney  for  the  inmate,
 the  pre-sentence probation report as well as consideration of any miti-
 gating and aggravating factors, and activities following arrest prior to
 confinement; and (viii) prior criminal record, including the nature  and
 pattern  of  offenses,  adjustment  to  any previous probation or parole
 supervision and institutional confinement. The board shall provide  toll
 free  telephone  access for crime victims, FAMILY MEMBERS AND INTERESTED
 PARTIES AS DEFINED IN SECTION 440.50 OF THE CRIMINAL PROCEDURE  LAW.  In
 the case of an oral statement made in accordance with subdivision one of
 section  440.50  of the criminal procedure law, [the parole board member
 shall present a written report of the statement  to  the  parole  board]
 SUCH  ORAL  STATEMENT SHALL BE MADE TO THE MEMBERS OF THE BOARD WHO WILL
 DETERMINE WHETHER THE DEFENDANT IS RELEASED. A crime victim's  represen-
 tative  shall  mean  the  crime victim's closest surviving relative, the
 committee or guardian of such person, or the legal representative of any
 such person.  Such statement submitted by the victim or victim's  repre-
 sentative,  OR  A FAMILY MEMBER OF A CRIME VICTIM OR INTERESTED PARTY AS
 DEFINED IN SECTION 440.50 OF THE  CRIMINAL  PROCEDURE  LAW  may  include
 information  concerning  threatening  or intimidating conduct toward the
 victim, the victim's representative, or the victim's family, made by the
 person sentenced and occurring after the  sentencing.  Such  information
 may include, but need not be limited to, the threatening or intimidating
 conduct  of  any  other  person  who  or which is directed by the person
 sentenced. Any statement by a victim [or], the victim's  representative,
 A  FAMILY  MEMBER  OF  A CRIME VICTIM OR AN INTERESTED PARTY made to the
 board shall be maintained by the department in the file provided to  the
 board when interviewing the inmate in consideration of release. A victim
 [or], victim's representative, FAMILY MEMBER OF A CRIME VICTIM OR INTER-
 ESTED  PARTY  who  has submitted a written request to the department for
 the transcript of such interview shall be provided  such  transcript  as
 soon as it becomes available.
   (B)  Where  a  crime  victim  or victim's representative as defined in
 subparagraph (A) of this paragraph OR A FAMILY MEMBER OF A CRIME  VICTIM
 OR  INTERESTED PARTY AS DEFINED IN SECTION 440.50 OF THE CRIMINAL PROCE-
 DURE LAW, or other person submits to the parole board a  written  state-
 ment  concerning  the  release of an inmate, the parole board shall keep
 that individual's name and address confidential.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.