Assembly Bill A267

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    267
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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 THE VICTIM'S WHEREABOUTS ARE UNKNOWN, THAT THE  INCAR-
 CERATED  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 HOUSEHOLD" SHALL MEAN THE FOLLOWING:
   (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
   (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01397-01-5
 A. 267                              2
 
   (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;
   § 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 THE VICTIM'S WHEREABOUTS ARE UNKNOWN, THAT THE  INCAR-
 CERATED  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 HOUSEHOLD" 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.