Bill Text: NY S04160 | 2011-2012 | General Assembly | Introduced

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Bill Title: Enables victims and relatives of victims to view parole hearings via closed circuit television or a secure online website.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-06-12 - referred to correction [S04160 Detail]

Download: New_York-2011-S04160-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4160
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 21, 2011
                                      ___________
       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Crime Victims,  Crime  and
         Correction
       AN  ACT  to  amend  the executive law and the criminal procedure law, in
         relation to enabling  victims  to  view  parole  hearings  via  closed
         circuit television or a secure online website
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 259-c of the executive law is amended by  adding  a
    2  new subdivision 18 to read as follows:
    3    18. PERMIT VICTIMS AND RELATIVES OF VICTIMS TO VIEW AN INMATE'S PAROLE
    4  HEARING RELATING TO THEIR CASE VIA CLOSED CIRCUIT TELEVISION OR A SECURE
    5  ONLINE WEBSITE.
    6    S  2.  Subdivision  3 of section 641 of the executive law, as added by
    7  chapter 94 of the laws of 1984 and paragraph (d) as amended  by  chapter
    8  618 of the laws of 1992, is amended to read as follows:
    9    3.  Ensure  notification  of  victims,  witnesses,  relatives of those
   10  victims and witnesses who are minors, and relatives of homicide victims,
   11  if such persons provide the appropriate official with a current  address
   12  and  telephone number, either by phone or by mail, if possible, of judi-
   13  cial proceedings relating to their case, including:
   14    (a) the arrest of an accused;
   15    (b) the initial appearance of an accused before a judicial officer;
   16    (c) the release of an accused pending judicial proceedings; [and]
   17    (d) proceedings in the prosecution of the accused including entry of a
   18  plea of guilty, trial, sentencing,  but  prior  to  sentencing  specific
   19  information  shall  be  provided regarding the right to seek restitution
   20  and reparation, and where a term of imprisonment  is  imposed,  specific
   21  information  shall  be  provided  regarding maximum and minimum terms of
   22  such imprisonment; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08390-01-1
       S. 4160                             2
    1    (E) THE DATE AND TIME OF ANY PAROLE HEARING AS WELL AS THE LOCATION AT
    2  WHICH THE VICTIM AND RELATIVES OF THE VICTIM MAY  VIEW  THE  HEARING  ON
    3  CLOSED  CIRCUIT  TELEVISION  OR  THE  SECURE ONLINE WEBSITE ON WHICH THE
    4  HEARING MAY BE VIEWED.
    5    S 3. Subdivision 1 of section 440.50 of the criminal procedure law, as
    6  amended  by  chapter  186  of  the  laws  of 2005, is amended to read as
    7  follows:
    8    1. Upon the request of a victim of a crime, or in  any  event  in  all
    9  cases  in which the final disposition includes a conviction of a violent
   10  felony offense as defined in section 70.02 of the penal law or a  felony
   11  defined  in  article  one  hundred twenty-five of such law, the district
   12  attorney shall, within sixty days of the final disposition of the  case,
   13  inform  the  victim  by  letter of such final disposition. If such final
   14  disposition results in the commitment of the defendant to the custody of
   15  the department of correctional services for an  indeterminate  sentence,
   16  the  notice provided to the crime victim shall also inform the victim of
   17  his or her right to submit a written, audiotaped, or  videotaped  victim
   18  impact  statement  to the state division of parole or to meet personally
   19  with a member of the state board of parole at a time and place  separate
   20  from the personal interview between a member or members of the board and
   21  the  inmate and make such a statement, subject to procedures and limita-
   22  tions contained in rules of the board, both pursuant to subdivision  two
   23  of  section  two hundred fifty-nine-i of the executive law. The right of
   24  the victim under this subdivision to  submit  a  written  victim  impact
   25  statement  or  to  meet  personally  with a member of the state board of
   26  parole applies to each personal interview between a member or members of
   27  the board and the inmate.  THE NOTICE TO THE VICTIM  SHALL  ALSO  INFORM
   28  THE VICTIM OF HIS OR HER RIGHT TO VIEW THE DEFENDANT'S PAROLE HEARING ON
   29  CLOSED  CIRCUIT  TELEVISION  OR  OVER  A SECURE ONLINE WEBSITE AND SHALL
   30  INFORM THE VICTIM OF THE INTENDED DATE AND TIME OF THE PAROLE HEARING AS
   31  WELL AS THE LOCATION OR WEBSITE ADDRESS AT WHICH THE VICTIM MAY VIEW THE
   32  HEARING.
   33    S 4. This act shall take effect immediately.