Bill Text: NY A05703 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires the parole board to provide notice to the crime victim or victim's representative that a parolee or releasee is being discharged or released.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced) 2024-01-03 - referred to governmental operations [A05703 Detail]
Download: New_York-2023-A05703-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5703 2023-2024 Regular Sessions IN ASSEMBLY March 22, 2023 ___________ Introduced by M. of A. THIELE, SAYEGH -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law and the criminal procedure law, in relation to providing notice to the crime victim or victim's represen- tative that a parolee or releasee is being discharged or released The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1, 2 and 3 of section 259-j of the executive 2 law, as amended by section 38-g of subpart A of part C of chapter 62 of 3 the laws of 2011, are amended to read as follows: 4 1. Except where a determinate sentence was imposed for a felony other 5 than a felony defined in article two hundred twenty or article two 6 hundred twenty-one of the penal law, if the board of parole is satisfied 7 that an absolute discharge from presumptive release, parole, conditional 8 release or release to a period of post-release supervision is in the 9 best interests of society, the board may grant such a discharge prior to 10 the expiration of the full term or maximum term to any person who has 11 been on unrevoked community supervision for at least three consecutive 12 years. A discharge granted under this section shall constitute a termi- 13 nation of the sentence with respect to which it was granted. No such 14 discharge shall be granted unless: (a) the board is satisfied that the 15 parolee or releasee, otherwise financially able to comply with an order 16 of restitution and the payment of any mandatory surcharge, sex offender 17 registration fee or DNA databank fee previously imposed by a court of 18 competent jurisdiction, has made a good faith effort to comply 19 therewith; (b) the crime victim or victim's representative is provided 20 notice that the discharged parolee or releasee is having his or her 21 sentence discharged; and (c) the board considers any current or former 22 statements made to it by a crime victim or victim's representative 23 pursuant to paragraph (c) of subdivision two of section two hundred 24 fifty-nine-i of this article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10127-01-3A. 5703 2 1 2. The chairman of the board of parole shall promulgate rules and 2 regulations governing: (a) the issuance of discharges from community 3 supervision pursuant to this section to assure that such discharges are 4 consistent with public safety; and (b) the notice provided to the crime 5 victim or victim's representative that the parolee or releasee is being 6 discharged from community supervision. 7 3. Notwithstanding any other provision of this section to the contra- 8 ry, where a term of post-release supervision in excess of five years has 9 been imposed on a person convicted of a crime defined in article one 10 hundred thirty of the penal law, including a sexually motivated felony, 11 the board of parole may grant a discharge from post-release supervision 12 prior to the expiration of the maximum term of post-release supervision. 13 Such a discharge may be granted only after the person has served at 14 least five years of post-release supervision, and only to a person who 15 has been on unrevoked post-release supervision for at least three 16 consecutive years. No such discharge shall be granted unless the board 17 of parole or the department acting pursuant to its responsibility under 18 subdivision one of section two hundred one of the correction law 19 consults with any licensed psychologist, qualified psychiatrist, or 20 other mental health professional who is providing care or treatment to 21 the supervisee; and the board: (a) determines that a discharge from 22 post-release supervision is in the best interests of society; [and] (b) 23 is satisfied that the supervisee, otherwise financially able to comply 24 with an order of restitution and the payment of any mandatory surcharge, 25 sex offender registration fee, or DNA [data bank] databank fee previous- 26 ly imposed by a court of competent jurisdiction, has made a good faith 27 effort to comply therewith; (c) notifies the crime victim or victim's 28 representative that the individual is being released from post-release 29 supervision; and (d) considers any current or prior statements made to 30 it by a crime victim or victim's representatives pursuant to paragraph 31 (c) of subdivision two of section two hundred fifty-nine-i of this arti- 32 cle. Before making a determination to discharge a person from a period 33 of post-release supervision, the board of parole may request that the 34 commissioner of the office of mental health arrange a psychiatric evalu- 35 ation of the supervisee. A discharge granted under this section shall 36 constitute a termination of the sentence with respect to which it was 37 granted. 38 § 2. Section 410.90 of the criminal procedure law is amended by adding 39 a new subdivision 4 to read as follows: 40 4. In no event may a court terminate a period of probation or a life- 41 time probation pursuant to this section unless: 42 (a) notice is provided to the crime victim or the victim's represen- 43 tative that the defendant's probation is being terminated; and 44 (b) the court considers any current or former statements made by the 45 crime victim or victim's representative pursuant to paragraph (c) of 46 subdivision two of section two hundred fifty-nine-i of the executive 47 law. 48 § 3. This act shall take effect on the sixtieth day after it shall 49 have become a law. Effective immediately, the addition, amendment and/or 50 repeal of any rule or regulation necessary for the implementation of 51 this act on its effective date are authorized to be made and completed 52 on or before such effective date.
