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Senate Bill S5316

2023-2024 Legislative Session

Relates to a victim's right to appeal to the state parole board

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Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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2023-S5316 (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Executive Law
Laws Affected:
Amd §259-I, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: S7597
2025-2026: S4629

2023-S5316 (ACTIVE) - Summary

Provides that where the board has made a determination granting discretionary release to an incarcerated individual pursuant to this section, the crime victim or the victim's representative, where the crime victim is deceased or is mentally or physically incapacitated, has the right to file an appeal of such determination.

2023-S5316 (ACTIVE) - Sponsor Memo

2023-S5316 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5316
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2023
                                ___________
 
 Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT  to amend the executive law, in relation to appeals to the state
   board of parole
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of section 259-I of the executive law, as
 added by chapter 904 of the laws of 1977, paragraph (a)  as  amended  by
 section 11 of part E of chapter 62 of the laws of 2003, paragraph (b) as
 amended by chapter 322 of the laws of 2021, and paragraph (c) as amended
 by chapter 44 of the laws of 2018, is amended to read as follows:
   4.  Appeals. (a) Except for determinations made upon preliminary hear-
 ings upon allegations  of  violation  of  presumptive  release,  parole,
 conditional release or post-release supervision, all determinations made
 pursuant  to  this  section  may  be  appealed  in accordance with rules
 promulgated by the board. Any board member who participated in the deci-
 sion from which the appeal is taken may not participate  in  the  resol-
 ution  of  that appeal. The rules of the board may specify a time within
 which any appeal shall be taken and resolved.
   (b) Upon an appeal to the board, the incarcerated  individual  may  be
 represented  by an attorney. Where the incarcerated individual is finan-
 cially unable to provide for his or her own attorney,  upon  request  an
 attorney  shall  be  assigned pursuant to the provisions of subparagraph
 (v) of paragraph (f) of subdivision three of this section.
   (c) WHERE THE BOARD HAS MADE A  DETERMINATION  GRANTING  DISCRETIONARY
 RELEASE  TO  AN  INCARCERATED  INDIVIDUAL  PURSUANT TO THIS SECTION, THE
 CRIME VICTIM OR THE VICTIM'S REPRESENTATIVE, WHERE THE CRIME  VICTIM  IS
 DECEASED  OR  IS  MENTALLY OR PHYSICALLY INCAPACITATED, HAS THE RIGHT TO
 FILE AN APPEAL OF SUCH DETERMINATION IN ACCORDANCE WITH RULES PROMULGAT-
 ED BY THE BOARD.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09255-01-3

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