Bill Text: NY A03905 | 2021-2022 | General Assembly | Introduced


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 (Republican 9-0)

Status: (Introduced - Dead) 2022-01-05 - referred to correction [A03905 Detail]

Download: New_York-2021-A03905-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3905

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 28, 2021
                                       ___________

        Introduced  by  M.  of  A.  SCHMITT,  MANKTELOW, BYRNES, ASHBY, WALCZYK,
          PALMESANO, McDONOUGH, GOODELL, MONTESANO -- 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 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;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06875-01-1

        A. 3905                             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 added by
     4  chapter 904 of the laws of 1977 and amended by chapter 1 of the laws  of
     5  1998, is amended to read as follows:
     6    2. have the power and duty of determining the conditions of release of
     7  the  person  who may be conditionally released or subject to a period of
     8  post-release supervision under an indeterminate or reformatory  sentence
     9  of  imprisonment  and  of  determining  which inmates serving a definite
    10  sentence of imprisonment may be  conditionally  released  and  when  and
    11  under  what conditions. Where an inmate to be conditionally released was
    12  convicted of a crime and the victim is or was a member of the same fami-
    13  ly or household as the inmate it shall be the duty of the board at least
    14  one week prior to the release to notify the victim or  victims  of  such
    15  offense,  unless  the  victim  refuses  or  his  or  her whereabouts are
    16  unknown, that the inmate is being released and of the conditions of such
    17  release. Such notification shall be sent by  electronic  mail  when  the
    18  electronic  mail address of the victim or victims is available, and when
    19  it is not, by certified mail to the last known address of the victim  or
    20  victims.  When  such  address is a shelter for victims of domestic abuse
    21  notice shall also be given to the  director  or  administrator  of  such
    22  shelter.  For  purposes of this subdivision, "members of the same family
    23  or household" 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 inmates condi-
    35  tionally released on or after the effective date of this act.
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