Bill Text: NY A01185 | 2017-2018 | 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 3-0)
Status: (Introduced - Dead) 2017-09-27 - enacting clause stricken [A01185 Detail]
Download: New_York-2017-A01185-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1185 2017-2018 Regular Sessions IN ASSEMBLY January 11, 2017 ___________ Introduced by M. of A. SIMANOWITZ, M. G. MILLER, HOOPER -- read once and referred to the Committee on Correction 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 amended by section 38-f-1 of subpart A of part C of 3 chapter 62 of the laws of 2011, is amended to read as follows: 4 (a) (i) Except as provided in subparagraph (ii) of this paragraph, at 5 least one month prior to the date on which an inmate may be paroled 6 pursuant to subdivision one of section 70.40 of the penal law, a member 7 or members as determined by the rules of the board shall personally 8 interview such inmate and determine whether he should be paroled in 9 accordance with the guidelines adopted pursuant to subdivision four of 10 section two hundred fifty-nine-c of this article. If parole is not 11 granted upon such review, the inmate shall be informed in writing within 12 two weeks of such appearance of the factors and reasons for such denial 13 of parole. Such reasons shall be given in detail and not in conclusory 14 terms. The board shall specify a date not more than twenty-four months 15 from such determination for reconsideration, and the procedures to be 16 followed upon reconsideration shall be the same. If the inmate is 17 released, he shall be given a copy of the conditions of parole. Such 18 conditions shall where appropriate, include a requirement that the paro- 19 lee comply with any restitution order, mandatory surcharge, sex offender 20 registration fee and DNA databank fee previously imposed by a court of 21 competent jurisdiction that applies to the parolee. The conditions shall 22 indicate which restitution collection agency established under subdivi- 23 sion eight of section 420.10 of the criminal procedure law, shall be 24 responsible for collection of restitution, mandatory surcharge, sex EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03474-01-7A. 1185 2 1 offender registration fees and DNA databank fees as provided for in 2 section 60.35 of the penal law and section eighteen hundred nine of the 3 vehicle and traffic law. If parole is granted, a statement of the 4 reasons for granting parole shall be stated in writing and shall be 5 provided, within a reasonable time after such decision, to a victim or 6 victim's representative who has filed a statement pursuant to paragraph 7 (c) of this subdivision. 8 (ii) Any inmate who is scheduled for presumptive release pursuant to 9 section eight hundred six of the correction law shall not appear before 10 the board as provided in subparagraph (i) of this paragraph unless such 11 inmate's scheduled presumptive release is forfeited, canceled, or 12 rescinded subsequently as provided in such law. In such event, the 13 inmate shall appear before the board for release consideration as 14 provided in subparagraph (i) of this paragraph as soon thereafter as is 15 practicable. 16 § 2. Paragraph (a) of subdivision 2 of section 259-i of the executive 17 law, as amended by section 38-f-2 of subpart A of part C of chapter 62 18 of the laws of 2011, is amended to read as follows: 19 (a) At least one month prior to the expiration of the minimum period 20 or periods of imprisonment fixed by the court or board, a member or 21 members as determined by the rules of the board shall personally inter- 22 view an inmate serving an indeterminate sentence and determine whether 23 he should be paroled at the expiration of the minimum period or periods 24 in accordance with the procedures adopted pursuant to subdivision four 25 of section two hundred fifty-nine-c of this article. If parole is not 26 granted upon such review, the inmate shall be informed in writing within 27 two weeks of such appearance of the factors and reasons for such denial 28 of parole. Such reasons shall be given in detail and not in conclusory 29 terms. The board shall specify a date not more than twenty-four months 30 from such determination for reconsideration, and the procedures to be 31 followed upon reconsideration shall be the same. If the inmate is 32 released, he shall be given a copy of the conditions of parole. Such 33 conditions shall where appropriate, include a requirement that the paro- 34 lee comply with any restitution order and mandatory surcharge previously 35 imposed by a court of competent jurisdiction that applies to the paro- 36 lee. The conditions shall indicate which restitution collection agency 37 established under subdivision eight of section 420.10 of the criminal 38 procedure law, shall be responsible for collection of restitution and 39 mandatory surcharge as provided for in section 60.35 of the penal law 40 and section eighteen hundred nine of the vehicle and traffic law. If 41 parole is granted, a statement of the reasons for granting parole shall 42 be stated in writing and shall be provided, within a reasonable time 43 after such decision, to a victim or victim's representative who has 44 filed a statement pursuant to paragraph (c) of this subdivision. 45 § 3. Subdivision 1 of section 440.50 of the criminal procedure law, as 46 amended by section 80 of subpart B of part C of chapter 62 of the laws 47 of 2011, is amended to read as follows: 48 1. Upon the request of a victim of a crime, or in any event in all 49 cases in which the final disposition includes a conviction of a violent 50 felony offense as defined in section 70.02 of the penal law or a felony 51 defined in article one hundred twenty-five of such law, the district 52 attorney shall, within [sixty] fifteen days of the final disposition of 53 the case, inform the victim by letter of such final disposition. If such 54 final disposition results in the commitment of the defendant to the 55 custody of the department of corrections and community supervision for 56 an indeterminate sentence, the notice provided to the crime victim shallA. 1185 3 1 also inform the victim of his or her right to submit a written, audio- 2 taped, or videotaped victim impact statement to the department of 3 corrections and community supervision or to meet personally with a 4 member of the state board of parole at a time and place separate from 5 the personal interview between a member or members of the board and the 6 inmate and make such a statement, subject to procedures and limitations 7 contained in rules of the board, both pursuant to subdivision two of 8 section two hundred fifty-nine-i of the executive law. The right of the 9 victim under this subdivision to submit a written victim impact state- 10 ment or to meet personally with a member of the state board of parole 11 applies to each personal interview between a member or members of the 12 board and the inmate. 13 § 4. This act shall take effect April 1, 2017; provided that the 14 amendments to paragraph (a) of subdivision 2 of section 259-i of the 15 executive law made by section one of this act shall be subject to the 16 expiration and reversion of such paragraph pursuant to subdivision d of 17 section 74 of chapter 3 of the laws of 1995, as amended, when upon such 18 date the provisions of section two of this act shall take effect.
