Bill Text: NY A04964 | 2011-2012 | 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 5-0)
Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A04964 Detail]
Download: New_York-2011-A04964-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4964 2011-2012 Regular Sessions I N A S S E M B L Y February 9, 2011 ___________ Introduced by M. of A. MAYERSOHN -- Multi-Sponsored by -- M. of A. CLARK, COLTON, GALEF, PHEFFER -- read once and referred to the Commit- tee on Governmental Operations 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 separately amended by section 11 of part E and section 3 9 of part F of chapter 62 of the laws of 2003, is amended to read as 4 follows: 5 (a) (i) Except as provided in subparagraph (ii) of this paragraph, at 6 least one month prior to the date on which an inmate may be paroled 7 pursuant to subdivision one of section 70.40 of the penal law, a member 8 or members as determined by the rules of the board shall personally 9 interview such inmate and determine whether he should be paroled in 10 accordance with the guidelines adopted pursuant to subdivision four of 11 section two hundred fifty-nine-c of this article. If parole is not 12 granted upon such review, the inmate shall be informed in writing within 13 two weeks of such appearance of the factors and reasons for such denial 14 of parole. Such reasons shall be given in detail and not in conclusory 15 terms. The board shall specify a date not more than twenty-four months 16 from such determination for reconsideration, and the procedures to be 17 followed upon reconsideration shall be the same. If the inmate is 18 released, he shall be given a copy of the conditions of parole. Such 19 conditions shall where appropriate, include a requirement that the paro- 20 lee comply with any restitution order, mandatory surcharge, sex offender 21 registration fee and DNA databank fee previously imposed by a court of 22 competent jurisdiction that applies to the parolee. The board of parole 23 shall indicate which restitution collection agency established under EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08588-01-1 A. 4964 2 1 subdivision eight of section 420.10 of the criminal procedure law, shall 2 be responsible for collection of restitution, mandatory surcharge, sex 3 offender registration fees and DNA databank fees as provided for in 4 section 60.35 of the penal law and section eighteen hundred nine of the 5 vehicle and traffic law. IF PAROLE IS GRANTED, A STATEMENT OF THE 6 REASONS FOR GRANTING PAROLE SHALL BE STATED IN WRITING AND SHALL BE 7 PROVIDED, WITHIN A REASONABLE TIME AFTER SUCH DECISION, TO A VICTIM OR 8 VICTIM'S REPRESENTATIVE WHO HAS FILED A STATEMENT PURSUANT TO PARAGRAPH 9 (C) OF THIS SUBDIVISION. 10 (ii) Any inmate who is scheduled for presumptive release pursuant to 11 section eight hundred six of the correction law shall not appear before 12 the parole board as provided in subparagraph (i) of this paragraph 13 unless such inmate's scheduled presumptive release is forfeited, 14 canceled, or rescinded subsequently as provided in such law. In such 15 event, the inmate shall appear before the parole board for release 16 consideration as provided in subparagraph (i) of this paragraph as soon 17 thereafter as is practicable. 18 S 2. Paragraph (a) of subdivision 2 of section 259-i of the executive 19 law, as amended by chapter 396 of the laws of 1987, is amended to read 20 as follows: 21 (a) At least one month prior to the expiration of the minimum period 22 or periods of imprisonment fixed by the court or board, a member or 23 members as determined by the rules of the board shall personally inter- 24 view an inmate serving an indeterminate sentence and determine whether 25 he should be paroled at the expiration of the minimum period or periods 26 in accordance with the guidelines adopted pursuant to subdivision four 27 of section two hundred fifty-nine-c OF THIS ARTICLE. If parole is not 28 granted upon such review, the inmate shall be informed in writing within 29 two weeks of such appearance of the factors and reasons for such denial 30 of parole. Such reasons shall be given in detail and not in conclusory 31 terms. The board shall specify a date not more than twenty-four months 32 from such determination for reconsideration, and the procedures to be 33 followed upon reconsideration shall be the same. If the inmate is 34 released, he shall be given a copy of the conditions of parole. Such 35 conditions shall where appropriate, include a requirement that the paro- 36 lee comply with any restitution order and mandatory surcharge previously 37 imposed by a court of competent jurisdiction that applies to the paro- 38 lee. The board of parole shall indicate which restitution collection 39 agency established under subdivision eight of section 420.10 of the 40 criminal procedure law, shall be responsible for collection of restitu- 41 tion and mandatory surcharge as provided for in section 60.35 of the 42 penal law and section eighteen hundred nine of the vehicle and traffic 43 law. IF PAROLE IS GRANTED, A STATEMENT OF THE REASONS FOR GRANTING 44 PAROLE SHALL BE STATED IN WRITING AND SHALL BE PROVIDED, WITHIN A 45 REASONABLE TIME AFTER SUCH DECISION, TO A VICTIM OR VICTIM'S REPRESEN- 46 TATIVE WHO HAS FILED A STATEMENT PURSUANT TO PARAGRAPH (C) OF THIS 47 SUBDIVISION. 48 S 3. Subdivision 1 of section 440.50 of the criminal procedure law, as 49 amended by chapter 186 of the laws of 2005, is amended to read as 50 follows: 51 1. Upon the request of a victim of a crime, or in any event in all 52 cases in which the final disposition includes a conviction of a violent 53 felony offense as defined in section 70.02 of the penal law or a felony 54 defined in article one hundred twenty-five of such law, the district 55 attorney shall, within [sixty] FIFTEEN days of the final disposition of 56 the case, inform the victim by letter of such final disposition. If such A. 4964 3 1 final disposition results in the commitment of the defendant to the 2 custody of the department of correctional services for an indeterminate 3 sentence, the notice provided to the crime victim shall also inform the 4 victim of his or her right to submit a written, audiotaped, or vide- 5 otaped victim impact statement to the state division of parole or to 6 meet personally with a member of the state board of parole at a time and 7 place separate from the personal interview between a member or members 8 of the board and the inmate and make such a statement, subject to proce- 9 dures and limitations contained in rules of the board, both pursuant to 10 subdivision two of section two hundred fifty-nine-i of the executive 11 law. The right of the victim under this subdivision to submit a written 12 victim impact statement or to meet personally with a member of the state 13 board of parole applies to each personal interview between a member or 14 members of the board and the inmate. 15 S 4. This act shall take effect April 1, 2013; provided that the 16 amendments to paragraph (a) of subdivision 2 of section 259-i of the 17 executive law made by section one of this act shall be subject to the 18 expiration and reversion of such paragraph pursuant to subdivision d of 19 section 74 of chapter 3 of the laws of 1995, as amended, when upon such 20 date the provisions of section two of this act shall take effect.