S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    81
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00579-01-3
 S. 81                               2
 
 vision two of section two hundred fifty-nine-i of the executive  law.  A
 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.