Assembly Bill A8812

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8812
 
                           I N  A S S E M B L Y
 
                             January 12, 2022
                                ___________
 
 Introduced by M. of A. THIELE -- 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 providing notice to the crime victim or victim's represen-
   tative that a parolee or releasee is being discharged or released
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 259-j of the executive law, as amended by section
 38-g of subpart A of part C of chapter  62  of  the  laws  of  2011,  is
 amended to read as follows:
   § 259-j. Discharge of sentence. 1. Except where a determinate sentence
 was  imposed  for  a  felony  other than a felony defined in article two
 hundred twenty or article two hundred twenty-one of the  penal  law,  if
 the  board  of  parole  is  satisfied  that  an  absolute discharge from
 presumptive release, parole, conditional release or release to a  period
 of  post-release  supervision  is  in the best interests of society, the
 board may grant such a discharge prior to the  expiration  of  the  full
 term  or  maximum term to any person who has been on unrevoked community
 supervision for at least three consecutive years.  A  discharge  granted
 under  this  section shall constitute a termination of the sentence with
 respect to which it was granted. No  such  discharge  shall  be  granted
 unless:  (A) the board is satisfied that the parolee or releasee, other-
 wise financially able to comply with an order  of  restitution  and  the
 payment of any mandatory surcharge, sex offender registration fee or DNA
 databank  fee  previously  imposed by a court of competent jurisdiction,
 has made a good faith effort to comply therewith; (B) THE  CRIME  VICTIM
 OR  VICTIM'S REPRESENTATIVE IS PROVIDED NOTICE THAT THE DISCHARGED PARO-
 LEE OR RELEASEE IS HAVING HIS OR HER SENTENCE DISCHARGED;  AND  (C)  THE
 BOARD  CONSIDERS  ANY CURRENT OR FORMER STATEMENTS MADE TO IT BY A CRIME
 VICTIM OR VICTIM'S REPRESENTATIVE PURSUANT TO PARAGRAPH (C) OF  SUBDIVI-
 SION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTICLE.
   2.  The  chairman  of  the  board of parole shall promulgate rules and
 regulations governing: (A) the issuance  of  discharges  from  community
 supervision  pursuant to this section to assure that such discharges are
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13232-02-1
 A. 8812                             2
 
 consistent with public safety; AND (B) THE NOTICE PROVIDED TO THE  CRIME
 VICTIM  OR VICTIM'S REPRESENTATIVE THAT THE PAROLEE OR RELEASEE IS BEING
 DISCHARGED FROM COMMUNITY SUPERVISION.
   3.  Notwithstanding any other provision of this section to the contra-
 ry, where a term of post-release supervision in excess of five years has
 been imposed on a person convicted of a crime  defined  in  article  one
 hundred  thirty of the penal law, including a sexually motivated felony,
 the board of parole may grant a discharge from post-release  supervision
 prior to the expiration of the maximum term of post-release supervision.
 Such  a  discharge  may  be  granted only after the person has served at
 least five years of post-release supervision, and only to a  person  who
 has  been  on  unrevoked  post-release  supervision  for  at least three
 consecutive years. No such discharge shall be granted unless  the  board
 of  parole or the department acting pursuant to its responsibility under
 subdivision one of  section  two  hundred  one  of  the  correction  law
 consults  with  any  licensed  psychologist,  qualified psychiatrist, or
 other mental health professional who is providing care or  treatment  to
 the  supervisee;  and  the  board:  (a) determines that a discharge from
 post-release supervision is in the best interests of society; [and]  (b)
 is  satisfied  that the supervisee, otherwise financially able to comply
 with an order of restitution and the payment of any mandatory surcharge,
 sex offender registration fee, or DNA [data bank] DATABANK fee previous-
 ly imposed by a court of competent jurisdiction, has made a  good  faith
 effort  to  comply  therewith; (C) NOTIFIES THE CRIME VICTIM OR VICTIM'S
 REPRESENTATIVE THAT THE INDIVIDUAL IS BEING RELEASED  FROM  POST-RELEASE
 SUPERVISION;  AND  (D) CONSIDERS ANY CURRENT OR PRIOR STATEMENTS MADE TO
 IT BY A CRIME VICTIM OR VICTIM'S REPRESENTATIVES PURSUANT  TO  PARAGRAPH
 (C) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTI-
 CLE.  Before  making a determination to discharge a person from a period
 of post-release supervision, the board of parole may  request  that  the
 commissioner of the office of mental health arrange a psychiatric evalu-
 ation  of  the  supervisee. A discharge granted under this section shall
 constitute a termination of the sentence with respect to  which  it  was
 granted.
   § 2. Section 410.90 of the criminal procedure law is amended by adding
 a new subdivision 4 to read as follows:
   4.  IN NO EVENT MAY A COURT TERMINATE A PERIOD OF PROBATION OR A LIFE-
 TIME PROBATION PURSUANT TO THIS SECTION UNLESS:
   (A) NOTICE IS PROVIDED TO THE CRIME VICTIM OR THE  VICTIM'S  REPRESEN-
 TATIVE THAT THE DEFENDANT'S PROBATION IS BEING TERMINATED; AND
   (B)  THE  COURT CONSIDERS ANY CURRENT OR FORMER STATEMENTS MADE BY THE
 CRIME VICTIM OR VICTIM'S REPRESENTATIVE PURSUANT  TO  PARAGRAPH  (C)  OF
 SUBDIVISION  TWO  OF  SECTION  TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE
 LAW.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  on  or  before
 such date.