Bill Text: NY A00748 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the rights of a crime victim; provides that if parole is granted, the reasons for granting parole must be stated in detail in writing; allows a victim access to such information and to transcripts of all interviews conducted; requires the district attorney to notify the victim of their right to be present at proceedings and to provide an oral/written statement at such proceedings; further provides the victim the opportunity to present their views to the same member of the board who conducts the interview with the inmate.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2012-01-04 - referred to codes [A00748 Detail]
Download: New_York-2011-A00748-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
748
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. RABBITT, KOLB, FINCH, CALHOUN, RAIA, McDONOUGH,
McKEVITT -- Multi-Sponsored by -- M. of A. BURLING, CROUCH -- read
once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law and the executive law, in
relation to the rights of a crime victim at parole proceedings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 440.50 of the criminal procedure
2 law, as amended by chapter 186 of the laws of 2005, is amended to read
3 as follows:
4 1. (A) Upon the request of a victim of a crime, or in any event in all
5 cases in which the final disposition includes a conviction of a violent
6 felony offense as defined in section 70.02 of the penal law or a felony
7 defined in article one hundred twenty-five of such law, the district
8 attorney shall, within sixty days of the final disposition of the case,
9 inform the victim by letter of such final disposition. If such final
10 disposition results in the commitment of the defendant to the custody of
11 the department of correctional services for an indeterminate sentence,
12 the notice provided to the crime victim shall also inform the victim of
13 his or her right to [submit a written, audiotaped, or videotaped victim
14 impact statement to the state division of parole or to meet personally
15 with a member of the state board of parole at a time and place separate
16 from the personal interview between a member or members of the board and
17 the inmate and make such a statement, subject to procedures and limita-
18 tions contained in rules of the board, both] BE PRESENT AT PROCEEDINGS
19 OF THE STATE DIVISION OF PAROLE REGARDING RELEASE OF SUCH DEFENDANT. THE
20 VICTIMS SHALL ALSO BE NOTIFIED OF THEIR RIGHT TO PROVIDE AN ORAL OR
21 WRITTEN STATEMENT OR BOTH AT PROCEEDINGS OF THE BOARD, INCLUDING THE
22 PERSONAL INTERVIEW OF THE INMATE, AND THAT THEY WILL ALSO BE PROVIDED
23 THE OPPORTUNITY TO PRESENT THEIR VIEWS IN PERSON TO THE SAME MEMBER OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01638-01-1
A. 748 2
1 THE BOARD WHO CONDUCTED THE INTERVIEW WITH THE INMATE AT A MUTUALLY
2 CONVENIENT LOCATION PRIOR TO THE DETERMINATION OF THE BOARD pursuant to
3 subdivision two of section two hundred fifty-nine-i of the executive
4 law. The right of the victim under this subdivision to submit a written
5 victim impact statement or to meet personally with a member of the state
6 board of parole applies to each personal interview between a member or
7 members of the board and the inmate.
8 (B) NOTIFICATION OF VICTIMS BY THE DISTRICT ATTORNEY PURSUANT TO PARA-
9 GRAPH (A) OF THIS SUBDIVISION SHALL BE REQUIRED FOR THE FOLLOWING
10 OFFENSES: ANY VIOLENT FELONY OFFENSE DEFINED IN SECTION 70.02 OF THE
11 PENAL LAW, AN ATTEMPT TO COMMIT ANY SEX OFFENSE AND ANY SEX OFFENSE
12 DEFINED IN ARTICLE ONE HUNDRED THIRTY OR TWO HUNDRED SIXTY-THREE OF THE
13 PENAL LAW, AN ATTEMPT TO COMMIT INCEST AND INCEST AS DEFINED IN SECTION
14 255.25 OF THE PENAL LAW, MURDER IN THE SECOND DEGREE AS DEFINED IN
15 SECTION 125.25 OF THE PENAL LAW, AN ATTEMPT TO COMMIT MURDER IN THE
16 FIRST DEGREE AND MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.27
17 OF THE PENAL LAW, AN ATTEMPT TO COMMIT MANSLAUGHTER IN THE SECOND DEGREE
18 AND MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.15 OF
19 THE PENAL LAW, VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN
20 SECTION 125.13 OF THE PENAL LAW, VEHICULAR MANSLAUGHTER IN THE SECOND
21 DEGREE AS DEFINED IN SECTION 125.12 OF THE PENAL LAW, CRIMINALLY NEGLI-
22 GENT HOMICIDE AS DEFINED IN SECTION 125.10 OF THE PENAL LAW, KIDNAPPING
23 IN THE FIRST DEGREE AS DEFINED IN SECTION 135.25 OF THE PENAL LAW,
24 MENACING IN THE FIRST DEGREE AS DEFINED IN SECTION 120.13 OF THE PENAL
25 LAW, AND ARSON IN THE FIRST DEGREE AS DEFINED IN SECTION 150.20 OF THE
26 PENAL LAW.
27 S 2. Subparagraph (i) of paragraph (a) of subdivision 2 of section
28 259-i of the executive law, as separately amended by section 11 of part
29 E and section 9 of part F of chapter 62 of the laws of 2003, is amended
30 to read as follows:
31 (i) Except as provided in subparagraph (ii) of this paragraph, at
32 least one month prior to the date on which an inmate may be paroled
33 pursuant to subdivision one of section 70.40 of the penal law, a member
34 or members as determined by the rules of the board shall personally
35 interview such inmate and determine whether he should be paroled in
36 accordance with the guidelines adopted pursuant to subdivision four of
37 section two hundred fifty-nine-c of this article. IF PAROLE IS GRANTED,
38 A STATEMENT OF THE REASONS FOR GRANTING PAROLE SHALL BE STATED IN WRIT-
39 ING AND TRANSCRIPTS OF ALL INTERVIEWS SHALL BE PROVIDED, WITHIN A
40 REASONABLE TIME AFTER SUCH DECISION, TO A VICTIM OR VICTIM'S REPRESEN-
41 TATIVE WHO HAS FILED A STATEMENT PURSUANT TO PARAGRAPH (C) OF THIS
42 SUBDIVISION. If parole is not granted upon such review, the inmate shall
43 be informed in writing within two weeks of such appearance of the
44 factors and reasons for such denial of parole. Such reasons shall be
45 given in detail and not in conclusory terms. The board shall specify a
46 date not more than twenty-four months from such determination for recon-
47 sideration, and the procedures to be followed upon reconsideration shall
48 be the same. If the inmate is released, he shall be given a copy of the
49 conditions of parole. Such conditions shall where appropriate, include a
50 requirement that the parolee comply with any restitution order, mandato-
51 ry surcharge, sex offender registration fee and DNA databank fee previ-
52 ously imposed by a court of competent jurisdiction that applies to the
53 parolee. The board of parole shall indicate which restitution collection
54 agency established under subdivision eight of section 420.10 of the
55 criminal procedure law, shall be responsible for collection of restitu-
56 tion, mandatory surcharge, sex offender registration fees and DNA data-
A. 748 3
1 bank fees as provided for in section 60.35 of the penal law and section
2 eighteen hundred nine of the vehicle and traffic law.
3 S 3. Paragraph (a) of subdivision 2 of section 259-i of the executive
4 law, as amended by chapter 396 of the laws of 1987, is amended to read
5 as follows:
6 (a) At least one month prior to the expiration of the minimum period
7 or periods of imprisonment fixed by the court or board, a member or
8 members as determined by the rules of the board shall personally inter-
9 view an inmate serving an indeterminate sentence and determine whether
10 he should be paroled at the expiration of the minimum period or periods
11 in accordance with the guidelines adopted pursuant to subdivision four
12 of section two hundred fifty-nine-c OF THIS ARTICLE. If parole is not
13 granted upon such review, the inmate shall be informed in writing within
14 two weeks of such appearance of the factors and reasons for such denial
15 of parole. Such reasons shall be given in detail and not in conclusory
16 terms. The board shall specify a date not more than twenty-four months
17 from such determination for reconsideration, and the procedures to be
18 followed upon reconsideration shall be the same. If the inmate is
19 released, he shall be given a copy of the conditions of parole. Such
20 conditions shall where appropriate, include a requirement that the paro-
21 lee comply with any restitution order and mandatory surcharge previously
22 imposed by a court of competent jurisdiction that applies to the paro-
23 lee. The board of parole shall indicate which restitution collection
24 agency established under subdivision eight of section 420.10 of the
25 criminal procedure law, shall be responsible for collection of restitu-
26 tion and mandatory surcharge as provided for in section 60.35 of the
27 penal law and section eighteen hundred nine of the vehicle and traffic
28 law. IF PAROLE IS GRANTED, A STATEMENT OF THE REASONS FOR GRANTING
29 PAROLE SHALL BE STATED IN WRITING AND TRANSCRIPTS OF ALL INTERVIEWS
30 SHALL BE PROVIDED, WITHIN A REASONABLE TIME AFTER SUCH DECISION, TO A
31 VICTIM OR VICTIM'S REPRESENTATIVE WHO HAS FILED A STATEMENT PURSUANT TO
32 PARAGRAPH (C) OF THIS SUBDIVISION.
33 S 4. This act shall take effect April 1, 2011; provided that the
34 amendments to paragraph (a) of subdivision 2 of section 259-i of the
35 executive law made by section two of this act shall be subject to the
36 expiration and reversion of such paragraph pursuant to section 74 of
37 chapter 3 of the laws of 1995, as amended, when upon such date the
38 provisions of section three of this act shall take effect.
