Bill Text: NY A06717 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires the state board of parole to provide notification to victims upon the conditional release of an incarcerated individual convicted of a crime against a member of the same family or household.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to correction [A06717 Detail]
Download: New_York-2023-A06717-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6717 2023-2024 Regular Sessions IN ASSEMBLY May 5, 2023 ___________ 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: 1 Section 1. Subdivision 2 of section 259-c of the executive law, as 2 amended by section 38-b of subpart A of part C of chapter 62 of the laws 3 of 2011, is amended to read as follows: 4 2. have the power and duty of determining the conditions of release of 5 the person who may be presumptively released, conditionally released or 6 subject to a period of post-release supervision under an indeterminate 7 or determinate sentence of imprisonment. Where an incarcerated individ- 8 ual to be conditionally released was convicted of a crime and the victim 9 is or was a member of the same family or household as the incarcerated 10 individual it shall be the duty of the board at least one week prior to 11 the release to notify the victim or victims of such offense, unless the 12 victim refuses or his or her whereabouts are unknown, that the incarcer- 13 ated individual is being released and of the conditions of such release. 14 Such notification shall be sent by electronic mail when the electronic 15 mail address of the victim or victims is available, and when it is not, 16 by certified mail to the last known address of the victim or victims. 17 When such address is a shelter for victims of domestic abuse notice 18 shall also be given to the director or administrator of such shelter. 19 For purposes of this subdivision, "members of the same family or house- 20 hold" shall mean the following: 21 (a) persons related by consanguinity or affinity; 22 (b) persons legally married to one another; 23 (c) persons formerly married to one another; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09666-01-3A. 6717 2 1 (d) persons who have a child in common, regardless of whether such 2 persons have been married or have lived together at any time; 3 § 2. Subdivision 2 of section 259-c of the executive law, as amended 4 by chapter 322 of the laws of 2021, is amended to read as follows: 5 2. have the power and duty of determining the conditions of release of 6 the person who may be conditionally released or subject to a period of 7 post-release supervision under an indeterminate or reformatory sentence 8 of imprisonment and of determining which incarcerated individuals serv- 9 ing a definite sentence of imprisonment may be conditionally released 10 and when and under what conditions. Where an incarcerated individual to 11 be conditionally released was convicted of a crime and the victim is or 12 was a member of the same family or household as the incarcerated indi- 13 vidual it shall be the duty of the board at least one week prior to the 14 release to notify the victim or victims of such offense, unless the 15 victim refuses or his or her whereabouts are unknown, that the incarcer- 16 ated individual is being released and of the conditions of such release. 17 Such notification shall be sent by electronic mail when the electronic 18 mail address of the victim or victims is available, and when it is not, 19 by certified mail to the last known address of the victim or victims. 20 When such address is a shelter for victims of domestic abuse notice 21 shall also be given to the director or administrator of such shelter. 22 For purposes of this subdivision, "members of the same family or house- 23 hold" shall mean the following: 24 (a) persons related by consanguinity or affinity; 25 (b) persons legally married to one another; 26 (c) persons formerly married to one another; 27 (d) persons who have a child in common, regardless of whether such 28 persons have been married or have lived together at any time; 29 § 3. This act shall take effect on the sixtieth day after it shall 30 have become a law; provided that the amendments to subdivision 2 of 31 section 259-c of the executive law, made by section one of this act, 32 shall not affect the expiration and reversion of such subdivision and 33 shall expire therewith, when upon such date the provisions of section 34 two of this act shall take effect; and shall apply to all incarcerated 35 individuals conditionally released on or after the effective date of 36 this act.