S T A T E O F N E W Y O R K
________________________________________________________________________
6717
2023-2024 Regular Sessions
I N A S S E M B L Y
May 5, 2023
___________
Introduced by M. of A. EACHUS -- read once and referred to the Committee
on Correction
AN ACT to amend the executive law, in relation to notification of
certain persons upon the conditional release of an incarcerated indi-
vidual convicted of a crime against a member of the same family or
household
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 259-c of the executive law, as
amended by section 38-b of subpart A of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
2. have the power and duty of determining the conditions of release of
the person who may be presumptively released, conditionally released or
subject to a period of post-release supervision under an indeterminate
or determinate sentence of imprisonment. WHERE AN INCARCERATED INDIVID-
UAL TO BE CONDITIONALLY RELEASED WAS CONVICTED OF A CRIME AND THE VICTIM
IS OR WAS A MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE INCARCERATED
INDIVIDUAL IT SHALL BE THE DUTY OF THE BOARD AT LEAST ONE WEEK PRIOR TO
THE RELEASE TO NOTIFY THE VICTIM OR VICTIMS OF SUCH OFFENSE, UNLESS THE
VICTIM REFUSES OR HIS OR HER WHEREABOUTS ARE UNKNOWN, THAT THE INCARCER-
ATED INDIVIDUAL IS BEING RELEASED AND OF THE CONDITIONS OF SUCH RELEASE.
SUCH NOTIFICATION SHALL BE SENT BY ELECTRONIC MAIL WHEN THE ELECTRONIC
MAIL ADDRESS OF THE VICTIM OR VICTIMS IS AVAILABLE, AND WHEN IT IS NOT,
BY CERTIFIED MAIL TO THE LAST KNOWN ADDRESS OF THE VICTIM OR VICTIMS.
WHEN SUCH ADDRESS IS A SHELTER FOR VICTIMS OF DOMESTIC ABUSE NOTICE
SHALL ALSO BE GIVEN TO THE DIRECTOR OR ADMINISTRATOR OF SUCH SHELTER.
FOR PURPOSES OF THIS SUBDIVISION, "MEMBERS OF THE SAME FAMILY OR HOUSE-
HOLD" SHALL MEAN THE FOLLOWING:
(A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
(B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
(C) PERSONS FORMERLY MARRIED TO ONE ANOTHER;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09666-01-3
A. 6717 2
(D) PERSONS WHO HAVE A CHILD IN COMMON, REGARDLESS OF WHETHER SUCH
PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
§ 2. Subdivision 2 of section 259-c of the executive law, as amended
by chapter 322 of the laws of 2021, is amended to read as follows:
2. have the power and duty of determining the conditions of release of
the person who may be conditionally released or subject to a period of
post-release supervision under an indeterminate or reformatory sentence
of imprisonment and of determining which incarcerated individuals serv-
ing a definite sentence of imprisonment may be conditionally released
and when and under what conditions. WHERE AN INCARCERATED INDIVIDUAL TO
BE CONDITIONALLY RELEASED WAS CONVICTED OF A CRIME AND THE VICTIM IS OR
WAS A MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE INCARCERATED INDI-
VIDUAL IT SHALL BE THE DUTY OF THE BOARD AT LEAST ONE WEEK PRIOR TO THE
RELEASE TO NOTIFY THE VICTIM OR VICTIMS OF SUCH OFFENSE, UNLESS THE
VICTIM REFUSES OR HIS OR HER WHEREABOUTS ARE UNKNOWN, THAT THE INCARCER-
ATED INDIVIDUAL IS BEING RELEASED AND OF THE CONDITIONS OF SUCH RELEASE.
SUCH NOTIFICATION SHALL BE SENT BY ELECTRONIC MAIL WHEN THE ELECTRONIC
MAIL ADDRESS OF THE VICTIM OR VICTIMS IS AVAILABLE, AND WHEN IT IS NOT,
BY CERTIFIED MAIL TO THE LAST KNOWN ADDRESS OF THE VICTIM OR VICTIMS.
WHEN SUCH ADDRESS IS A SHELTER FOR VICTIMS OF DOMESTIC ABUSE NOTICE
SHALL ALSO BE GIVEN TO THE DIRECTOR OR ADMINISTRATOR OF SUCH SHELTER.
FOR PURPOSES OF THIS SUBDIVISION, "MEMBERS OF THE SAME FAMILY OR HOUSE-
HOLD" SHALL MEAN THE FOLLOWING:
(A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
(B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
(C) PERSONS FORMERLY MARRIED TO ONE ANOTHER;
(D) PERSONS WHO HAVE A CHILD IN COMMON, REGARDLESS OF WHETHER SUCH
PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law; provided that the amendments to subdivision 2 of
section 259-c of the executive law, made by section one of this act,
shall not affect the expiration and reversion of such subdivision and
shall expire therewith, when upon such date the provisions of section
two of this act shall take effect; and shall apply to all incarcerated
individuals conditionally released on or after the effective date of
this act.