S T A T E O F N E W Y O R K
________________________________________________________________________
6983
2021-2022 Regular Sessions
I N A S S E M B L Y
April 19, 2021
___________
Introduced by M. of A. CUSICK, PALMESANO, FRIEND -- read once and
referred to the Committee on Codes
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-
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01884-01-1
A. 6983 2
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;
(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
A. 6983 3
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.