Bill Text: NY A04964 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides that if parole is granted, the reasons for granting parole must be stated in detail in writing; authorizes access to such information to past and any prospective victims; changes from 60 to 15 days the time for a district attorney to notify a victim of case disposition.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A04964 Detail]
Download: New_York-2011-A04964-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4964
2011-2012 Regular Sessions
I N A S S E M B L Y
February 9, 2011
___________
Introduced by M. of A. MAYERSOHN -- Multi-Sponsored by -- M. of A.
CLARK, COLTON, GALEF, PHEFFER -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law and the criminal procedure law, in
relation to victims' rights to parole information and notice of crime
disposition
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) of subdivision 2 of section 259-i of the
2 executive law, as separately amended by section 11 of part E and section
3 9 of part F of chapter 62 of the laws of 2003, is amended to read as
4 follows:
5 (a) (i) Except as provided in subparagraph (ii) of this paragraph, at
6 least one month prior to the date on which an inmate may be paroled
7 pursuant to subdivision one of section 70.40 of the penal law, a member
8 or members as determined by the rules of the board shall personally
9 interview such inmate and determine whether he should be paroled in
10 accordance with the guidelines adopted pursuant to subdivision four of
11 section two hundred fifty-nine-c of this article. If parole is not
12 granted upon such review, the inmate shall be informed in writing within
13 two weeks of such appearance of the factors and reasons for such denial
14 of parole. Such reasons shall be given in detail and not in conclusory
15 terms. The board shall specify a date not more than twenty-four months
16 from such determination for reconsideration, and the procedures to be
17 followed upon reconsideration shall be the same. If the inmate is
18 released, he shall be given a copy of the conditions of parole. Such
19 conditions shall where appropriate, include a requirement that the paro-
20 lee comply with any restitution order, mandatory surcharge, sex offender
21 registration fee and DNA databank fee previously imposed by a court of
22 competent jurisdiction that applies to the parolee. The board of parole
23 shall indicate which restitution collection agency established under
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08588-01-1
A. 4964 2
1 subdivision eight of section 420.10 of the criminal procedure law, shall
2 be responsible for collection of restitution, mandatory surcharge, sex
3 offender registration fees and DNA databank fees as provided for in
4 section 60.35 of the penal law and section eighteen hundred nine of the
5 vehicle and traffic law. IF PAROLE IS GRANTED, A STATEMENT OF THE
6 REASONS FOR GRANTING PAROLE SHALL BE STATED IN WRITING AND SHALL BE
7 PROVIDED, WITHIN A REASONABLE TIME AFTER SUCH DECISION, TO A VICTIM OR
8 VICTIM'S REPRESENTATIVE WHO HAS FILED A STATEMENT PURSUANT TO PARAGRAPH
9 (C) OF THIS SUBDIVISION.
10 (ii) Any inmate who is scheduled for presumptive release pursuant to
11 section eight hundred six of the correction law shall not appear before
12 the parole board as provided in subparagraph (i) of this paragraph
13 unless such inmate's scheduled presumptive release is forfeited,
14 canceled, or rescinded subsequently as provided in such law. In such
15 event, the inmate shall appear before the parole board for release
16 consideration as provided in subparagraph (i) of this paragraph as soon
17 thereafter as is practicable.
18 S 2. Paragraph (a) of subdivision 2 of section 259-i of the executive
19 law, as amended by chapter 396 of the laws of 1987, is amended to read
20 as follows:
21 (a) At least one month prior to the expiration of the minimum period
22 or periods of imprisonment fixed by the court or board, a member or
23 members as determined by the rules of the board shall personally inter-
24 view an inmate serving an indeterminate sentence and determine whether
25 he should be paroled at the expiration of the minimum period or periods
26 in accordance with the guidelines adopted pursuant to subdivision four
27 of section two hundred fifty-nine-c OF THIS ARTICLE. If parole is not
28 granted upon such review, the inmate shall be informed in writing within
29 two weeks of such appearance of the factors and reasons for such denial
30 of parole. Such reasons shall be given in detail and not in conclusory
31 terms. The board shall specify a date not more than twenty-four months
32 from such determination for reconsideration, and the procedures to be
33 followed upon reconsideration shall be the same. If the inmate is
34 released, he shall be given a copy of the conditions of parole. Such
35 conditions shall where appropriate, include a requirement that the paro-
36 lee comply with any restitution order and mandatory surcharge previously
37 imposed by a court of competent jurisdiction that applies to the paro-
38 lee. The board of parole shall indicate which restitution collection
39 agency established under subdivision eight of section 420.10 of the
40 criminal procedure law, shall be responsible for collection of restitu-
41 tion and mandatory surcharge as provided for in section 60.35 of the
42 penal law and section eighteen hundred nine of the vehicle and traffic
43 law. IF PAROLE IS GRANTED, A STATEMENT OF THE REASONS FOR GRANTING
44 PAROLE SHALL BE STATED IN WRITING AND SHALL BE PROVIDED, WITHIN A
45 REASONABLE TIME AFTER SUCH DECISION, TO A VICTIM OR VICTIM'S REPRESEN-
46 TATIVE WHO HAS FILED A STATEMENT PURSUANT TO PARAGRAPH (C) OF THIS
47 SUBDIVISION.
48 S 3. Subdivision 1 of section 440.50 of the criminal procedure law, as
49 amended by chapter 186 of the laws of 2005, is amended to read as
50 follows:
51 1. Upon the request of a victim of a crime, or in any event in all
52 cases in which the final disposition includes a conviction of a violent
53 felony offense as defined in section 70.02 of the penal law or a felony
54 defined in article one hundred twenty-five of such law, the district
55 attorney shall, within [sixty] FIFTEEN days of the final disposition of
56 the case, inform the victim by letter of such final disposition. If such
A. 4964 3
1 final disposition results in the commitment of the defendant to the
2 custody of the department of correctional services for an indeterminate
3 sentence, the notice provided to the crime victim shall also inform the
4 victim of his or her right to submit a written, audiotaped, or vide-
5 otaped victim impact statement to the state division of parole or to
6 meet personally with a member of the state board of parole at a time and
7 place separate from the personal interview between a member or members
8 of the board and the inmate and make such a statement, subject to proce-
9 dures and limitations contained in rules of the board, both pursuant to
10 subdivision two of section two hundred fifty-nine-i of the executive
11 law. The right of the victim under this subdivision to submit a written
12 victim impact statement or to meet personally with a member of the state
13 board of parole applies to each personal interview between a member or
14 members of the board and the inmate.
15 S 4. This act shall take effect April 1, 2013; provided that the
16 amendments to paragraph (a) of subdivision 2 of section 259-i of the
17 executive law made by section one of this act shall be subject to the
18 expiration and reversion of such paragraph pursuant to subdivision d of
19 section 74 of chapter 3 of the laws of 1995, as amended, when upon such
20 date the provisions of section two of this act shall take effect.
