Assembly Bill A5781

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5781
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2025
                                ___________
 
 Introduced  by  M.  of  A.  CHLUDZINSKI -- read once and referred 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  of
   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] THE right to submit a written, audiotaped, TELE-
 PHONIC, 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 subdivision two of section two hundred fifty-nine-i  of
 the  executive  law. A copy of such [letter] STATEMENT shall be provided
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00767-01-5
              

 A. 5781                             2
 
 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  statement  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  individ-
 ual.
   (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 THE RIGHT TO
 ATTEND THE PERSONAL INTERVIEW BETWEEN MEMBERS OF THE BOARD OF PAROLE AND
 THE INCARCERATED INDIVIDUAL, WHETHER IN-PERSON OR BY ELECTRONIC  APPEAR-
 ANCE  AS  DEFINED IN SECTION 182.10 OF THIS PART, AND REASONABLY EXPRESS
 OPINIONS CONCERNING THE CRIME, THE INCARCERATED INDIVIDUAL, AND  WHETHER
 OR  NOT THE INCARCERATED INDIVIDUAL SHOULD BE RELEASED ON PAROLE, AND IF
 SO RELEASED, UNDER WHAT CONDITIONS, SUBJECT TO  PROCEDURES  AND  LIMITA-
 TIONS  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 INDIVIDUAL 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 ELECTRONIC 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.