BILL NUMBER: S7972

SPONSOR: TEDISCO
 
TITLE OF BILL:

An act to amend the executive law, in relation to allowing victim impact
statements to be submitted at parole revocation hearings

 
PURPOSE:

Relates to allowing victim impact statements to be submitted at parole
revocation hearings

 
SUMMARY OF PROVISIONS:

§ 1. Subparagraphs (iii) and (x) of paragraph (f) of subdivision 3 of
section 259-i of the executive law, as amended by chapter 427 of the
laws of 2021, are amended to read as follows:  (iii)(A) Both the alleged
violator and an attorney who has filed a notice of appearance on  
HIS OR
HER the alleged violator's behalf in accordance with the rules of the
board of parole shall be given written notice of the date, place and
              

time of the hearing pursuant to subparaB graph (ix) of paragraph (c) of
this subdivision.

(B) Upon the request of a victim of a crime for which the alleged viola-
tor is on parole, the department shall inform the victim by letter of
the date, place and time of the hearing. As used in this paragraph,
"victim" has the meaning specified in section 440.50 of the criminal
procedure law.

(x) (A) If the presiding officer is satisfied that there is clear and
convincing evidence that the alleged violator violated one or more
conditions of release in an important respect,  
HE OR SHE the presiding
officer shall so find. For each sustained technical violation the
presiding officer shall direct that no earned time credits shall be
awarded for the thirty-day period commencing from the date of the
sustained violation. For any absconding violation found, the presiding
officer shall direct that no earned time credits shall be awarded for
the entire time period during which a releasee was found to have
absconded from supervision.

(B) If the presiding officer finds that the alleged violator violated
one or more conditions of release in an important respect, the presiding
officer shall inform the victim of a crime for which the alleged viola-
tor is on parole of the victim's right to submit a written, audiotaped,
or videotaped victim impact statement to the presiding officer or to
meet personally with the presiding officer and make such a statement.

 
JUSTIFICATION:  Under current law, victims of certain crimes (and
their families) may provide statements to the Parole Board prior to an
interview of an incarcerated individual pursuant to NY Criminal Proce-
dure Law

§ 440.50, however there is no mechanism to provide a statement for a
revocation hearing, unless they are the subject of the revocation charg-
es.  In a recent case, the violative behavior that triggered a revoca-
tion hearing was that of an individual who was accused of providing a
false name to the police when he was pulled over and driving a vehicle
without an interlock device. This violation is particularly relevant
when the initial conviction was Aggravated Vehicular Homicide.  This
bill would close this loophole and allow crime victims (and their fami-
lies) to weigh in prior to a revocation hearing.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.