Bill Text: NY A09656 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires the state board of parole to provide notification to victims upon the conditional release of an inmate convicted of a crime against a member of the same family or household.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-03-22 - referred to governmental operations [A09656 Detail]

Download: New_York-2011-A09656-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9656
                                 I N  A S S E M B L Y
                                    March 22, 2012
                                      ___________
       Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
         Committee on Governmental Operations
       AN ACT to amend the  executive  law,  in  relation  to  notification  of
         certain persons upon the conditional release of an inmate 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 INMATE TO BE CONDI-
    8  TIONALLY RELEASED WAS CONVICTED OF A CRIME AND THE VICTIM IS  OR  WAS  A
    9  MEMBER  OF  THE  SAME  FAMILY OR HOUSEHOLD AS THE INMATE IT SHALL BE THE
   10  DUTY OF THE BOARD AT LEAST ONE WEEK PRIOR TO THE RELEASE TO  NOTIFY  THE
   11  VICTIM  OR  VICTIMS OF SUCH OFFENSE, UNLESS THE VICTIM REFUSES OR HIS OR
   12  HER WHEREABOUTS ARE UNKNOWN, THAT THE INMATE IS BEING  RELEASED  AND  OF
   13  THE CONDITIONS OF SUCH RELEASE. SUCH NOTIFICATION SHALL BE SENT BY ELEC-
   14  TRONIC MAIL WHEN THE ELECTRONIC MAIL ADDRESS OF THE VICTIM OR VICTIMS IS
   15  AVAILABLE,  AND  WHEN  IT  IS  NOT,  BY CERTIFIED MAIL TO THE LAST KNOWN
   16  ADDRESS OF THE VICTIM OR VICTIMS. WHEN SUCH ADDRESS  IS  A  SHELTER  FOR
   17  VICTIMS  OF DOMESTIC ABUSE NOTICE SHALL ALSO BE GIVEN TO THE DIRECTOR OR
   18  ADMINISTRATOR  OF  SUCH  SHELTER.  FOR  PURPOSES  OF  THIS  SUBDIVISION,
   19  "MEMBERS OF THE SAME FAMILY OR HOUSEHOLD" SHALL MEAN THE FOLLOWING:
   20    (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
   21    (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
   22    (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER;
   23    (D)  PERSONS  WHO  HAVE  A CHILD IN COMMON, REGARDLESS OF WHETHER SUCH
   24  PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
   25    S 2. Subdivision 2 of section 259-c of the executive law, as separate-
   26  ly amended by chapter 904 of the laws of 1977 and chapter 1 of the  laws
   27  of 1998, is amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04407-03-2
       A. 9656                             2
    1    2. have the power and duty of determining the conditions of release of
    2  the  person  who may be conditionally released or subject to a period of
    3  post-release supervision under an indeterminate or reformatory  sentence
    4  of  imprisonment  and  of  determining  which inmates serving a definite
    5  sentence  of  imprisonment  may  be  conditionally released and when and
    6  under what conditions. WHERE AN INMATE TO BE CONDITIONALLY RELEASED  WAS
    7  CONVICTED OF A CRIME AND THE VICTIM IS OR WAS A MEMBER OF THE SAME FAMI-
    8  LY OR HOUSEHOLD AS THE INMATE IT SHALL BE THE DUTY OF THE BOARD AT LEAST
    9  ONE  WEEK  PRIOR  TO THE RELEASE TO NOTIFY THE VICTIM OR VICTIMS OF SUCH
   10  OFFENSE, UNLESS THE  VICTIM  REFUSES  OR  HIS  OR  HER  WHEREABOUTS  ARE
   11  UNKNOWN, THAT THE INMATE IS BEING RELEASED AND OF THE CONDITIONS OF SUCH
   12  RELEASE.  SUCH  NOTIFICATION  SHALL  BE SENT BY ELECTRONIC MAIL WHEN THE
   13  ELECTRONIC MAIL ADDRESS OF THE VICTIM OR VICTIMS IS AVAILABLE, AND  WHEN
   14  IT  IS NOT, BY CERTIFIED MAIL TO THE LAST KNOWN ADDRESS OF THE VICTIM OR
   15  VICTIMS. WHEN SUCH ADDRESS IS A SHELTER FOR VICTIMS  OF  DOMESTIC  ABUSE
   16  NOTICE  SHALL  ALSO  BE  GIVEN  TO THE DIRECTOR OR ADMINISTRATOR OF SUCH
   17  SHELTER. FOR PURPOSES OF THIS SUBDIVISION, "MEMBERS OF THE  SAME  FAMILY
   18  OR HOUSEHOLD" SHALL MEAN THE FOLLOWING:
   19    (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
   20    (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
   21    (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER;
   22    (D)  PERSONS  WHO  HAVE  A CHILD IN COMMON, REGARDLESS OF WHETHER SUCH
   23  PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
   24    S 3. This act shall take effect on the sixtieth  day  after  it  shall
   25  have  become  a  law;  provided  that the amendments to subdivision 2 of
   26  section 259-c of the executive law, made by section  one  of  this  act,
   27  shall  not  affect  the expiration and reversion of such subdivision and
   28  shall expire therewith, when upon such date the  provisions  of  section
   29  two of this act shall take effect; and shall apply to all inmates condi-
   30  tionally released on or after the effective date of this act.