S T A T E O F N E W Y O R K
________________________________________________________________________
4623
2023-2024 Regular Sessions
I N A S S E M B L Y
February 21, 2023
___________
Introduced by M. of A. MCGOWAN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to requiring the
notice to crime victims of case disposition to inform the victim that
he or she has the right to attend interviews between the board of
parole and the incarcerated individual; and to amend the executive
law, in relation to requiring the board of parole to review victim
impact statements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 440.50 of the criminal procedure
law, as amended by chapter 322 of the laws of 2021, is amended to read
as follows:
1. (A) 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, 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 by letter of such final disposition. If such final disposi-
tion 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 also inform the
victim of his or her right to submit a written, audiotaped, TELEPHONIC,
or [videotaped] VIDEO RECORDED 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
incarcerated individual and make such a statement, subject to procedures
and limitations contained in rules of the board, both pursuant to subdi-
vision two of section two hundred fifty-nine-i of the executive law. A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00579-01-3
A. 4623 2
copy of such [letter] STATEMENT shall be provided to the board of parole
AND ALL PRESIDING COMMISSIONERS FOR SUCH HEARING. The right of the
victim under this subdivision to submit a [written] victim impact state-
ment IN ANY FORMAT 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 incarcerated individual.
(B) IN ALL CASES IN WHICH THE FINAL DISPOSITION INCLUDES A FELONY
DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW THAT
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 PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION SHALL ALSO INFORM THE VICTIM OF HIS OR HER RIGHT
TO ATTEND THE PERSONAL INTERVIEW BETWEEN MEMBERS OF THE BOARD OF PAROLE
AND THE INCARCERATED INDIVIDUAL, WHETHER IN-PERSON OR BY ELECTRONIC
APPEARANCE AS DEFINED IN SECTION 182.10 OF THIS PART, AND REASONABLY
EXPRESS HIS OR HER OPINIONS CONCERNING THE CRIME, THE INCARCERATED INDI-
VIDUAL, AND WHETHER OR NOT THE INCARCERATED INDIVIDUAL SHOULD BE
RELEASED ON PAROLE, AND IF SO RELEASED, UNDER WHAT CONDITIONS, SUBJECT
TO PROCEDURES AND LIMITATIONS CONTAINED IN THE RULES OF THE BOARD,
PURSUANT TO SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THE
EXECUTIVE LAW. IF THE VICTIM IS PRESENT AT THE PAROLE INTERVIEW, THE
BOARD, AT THE VICTIM'S REQUEST, SHALL PERMIT THE PRESENCE OF AN INDIVID-
UAL TO PROVIDE SUPPORT TO THE VICTIM. THE RIGHT OF THE VICTIM UNDER
THIS SUBDIVISION TO ATTEND THE PERSONAL INTERVIEW BETWEEN MEMBERS OF THE
BOARD AND THE INCARCERATED INDIVIDUAL, WHETHER IN-PERSON OR BY ELECTRON-
IC APPEARANCE, APPLIES TO EACH PERSONAL INTERVIEW BETWEEN A MEMBER OR
MEMBERS OF THE BOARD AND THE INCARCERATED INDIVIDUAL.
§ 2. Subdivision 2 of section 259-i of the executive law is amended by
adding a new paragraph (f) to read as follows:
(F) IMMEDIATELY PRIOR TO THE CONDUCT OF ANY HEARING BY THE BOARD OF
PAROLE AS PROVIDED IN THIS ARTICLE, THE MEMBERS OF THE BOARD AND ALL
PRESIDING COMMISSIONERS FOR SUCH HEARING SHALL REVIEW ALL VICTIM IMPACT
STATEMENTS RELATING TO THE OFFENSE OR OFFENSES OF WHICH THE INCARCERATED
INDIVIDUAL HAS BEEN CONVICTED, INCLUDING VICTIM IMPACT STATEMENTS
PROVIDED IN CONNECTION WITH THE PRE-SENTENCING REPORT AND VICTIM IMPACT
STATEMENTS PROVIDED DIRECTLY TO THE BOARD. ALL VICTIM IMPACT STATEMENTS
PROVIDED DIRECTLY TO THE BOARD SHALL BE VIDEO RECORDED. FAILURE TO
REVIEW STATEMENTS AS PROVIDED IN THIS SECTION SHALL RENDER SUCH HEARING
INVALID.
§ 3. This act shall take effect immediately.