Bill Text: NY A08444 | 2017-2018 | General Assembly | Introduced
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Bill Title: Provides for family members of a crime victim and interested parties to make statements to members of the parole board; provides that such oral statement shall be made to the members of the state board of parole who will determine whether the defendant is released.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2018-02-15 - print number 8444a [A08444 Detail]
Download: New_York-2017-A08444-Introduced.html
Bill Title: Provides for family members of a crime victim and interested parties to make statements to members of the parole board; provides that such oral statement shall be made to the members of the state board of parole who will determine whether the defendant is released.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2018-02-15 - print number 8444a [A08444 Detail]
Download: New_York-2017-A08444-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8444 2017-2018 Regular Sessions IN ASSEMBLY June 16, 2017 ___________ Introduced by M. of A. CUSICK -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law and the executive law, in relation to requiring that all family members of a crime victim and all interested parties who want to give a victim impact statement to parole board members be allowed to do so The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 440.50 of the criminal procedure law, as added by 2 chapter 496 of the laws of 1978, subdivision 1 as amended by section 80 3 of subpart B of part C of chapter 62 of the laws of 2011, and subdivi- 4 sion 2 as amended by chapter 14 of the laws of 1985, is amended to read 5 as follows: 6 § 440.50 Notice to crime victims, family members of a crime victim or an 7 interested party of case disposition. 8 1. Upon the request of a victim of a crime, a family member of a crime 9 victim or an interested party, or in any event in all cases in which the 10 final disposition includes a conviction of a violent felony offense as 11 defined in section 70.02 of the penal law or a felony defined in article 12 one hundred twenty-five of such law, the district attorney shall, within 13 sixty days of the final disposition of the case, inform the victim or a 14 family member of a crime victim or an interested party who requests to 15 be informed by letter of such final disposition. If such final disposi- 16 tion results in the commitment of the defendant to the custody of the 17 department of corrections and community supervision for an indeterminate 18 sentence, the notice provided to the crime victim, a family member of a 19 crime victim or an interested party shall also inform [the victim] him 20 or her of his or her right to submit a written, audiotaped, or vide- 21 otaped victim impact statement to the department of corrections and 22 community supervision or to meet personally with [a member] members of 23 the state board of parole who will determine whether the defendant is EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02553-01-7A. 8444 2 1 released at a time and place separate from the personal interview 2 between a member or members of the board and the inmate and make such a 3 statement, subject to procedures and limitations contained in rules of 4 the board, both pursuant to subdivision two of section two hundred 5 fifty-nine-i of the executive law. The right of the victim, a family 6 member of the crime victim or an interested party under this subdivision 7 to submit a written victim impact statement or to meet personally with 8 [a member] members of the state board of parole applies to each personal 9 interview between a member or members of the board and the inmate. 10 2. As used in this section, "victim" means any person alleged or 11 found, upon the record, to have sustained physical or financial injury 12 to person or property as a direct result of the crime charged or a 13 person alleged or found to have sustained, upon the record, an offense 14 under article one hundred thirty of the penal law, or in the case of a 15 homicide or minor child, the victim's family. 16 3. As used in this section, "final disposition" means an ultimate 17 termination of the case at the trial level including, but not limited 18 to, dismissal, acquittal, or imposition of sentence by the court, or a 19 decision by the district attorney, for whatever reason, to not file the 20 case. 21 4. As used in this section, "family member of a crime victim" means a 22 member of the victim's immediate family who is at least sixteen years 23 old. 24 5. As used in this section, "interested party" shall mean a person, 25 who is not a family member of a crime victim, designated by the judge 26 who imposes the sentence on the defendant, as a person who has an 27 involvement with the case sufficient to make him or her an interested 28 party. The judge who imposes the sentence on a defendant shall designate 29 interested parties, if any, at the time of sentencing. 30 § 2. Paragraph (c) of subdivision 2 of section 259-i of the executive 31 law, as separately amended by chapters 40 and 126 of the laws of 1999, 32 subparagraph (A) as amended by chapter 130 of the laws of 2016, is 33 amended to read as follows: 34 (c) (A) Discretionary release on parole shall not be granted merely as 35 a reward for good conduct or efficient performance of duties while 36 confined but after considering if there is a reasonable probability 37 that, if such inmate is released, he will live and remain at liberty 38 without violating the law, and that his release is not incompatible with 39 the welfare of society and will not so deprecate the seriousness of his 40 crime as to undermine respect for law. In making the parole release 41 decision, the procedures adopted pursuant to subdivision four of section 42 two hundred fifty-nine-c of this article shall require that the follow- 43 ing be considered: (i) the institutional record including program goals 44 and accomplishments, academic achievements, vocational education, train- 45 ing or work assignments, therapy and interactions with staff and 46 inmates; (ii) performance, if any, as a participant in a temporary 47 release program; (iii) release plans including community resources, 48 employment, education and training and support services available to the 49 inmate; (iv) any deportation order issued by the federal government 50 against the inmate while in the custody of the department and any recom- 51 mendation regarding deportation made by the commissioner of the depart- 52 ment pursuant to section one hundred forty-seven of the correction law; 53 (v) any current or prior statement made to the board by the crime victim 54 or the victim's representative, where the crime victim is deceased or is 55 mentally or physically incapacitated or a family member of a crime 56 victim or interested party as defined in section 440.50 of the criminalA. 8444 3 1 procedure law; (vi) the length of the determinate sentence to which the 2 inmate would be subject had he or she received a sentence pursuant to 3 section 70.70 or section 70.71 of the penal law for a felony defined in 4 article two hundred twenty or article two hundred twenty-one of the 5 penal law; (vii) the seriousness of the offense with due consideration 6 to the type of sentence, length of sentence and recommendations of the 7 sentencing court, the district attorney, the attorney for the inmate, 8 the pre-sentence probation report as well as consideration of any miti- 9 gating and aggravating factors, and activities following arrest prior to 10 confinement; and (viii) prior criminal record, including the nature and 11 pattern of offenses, adjustment to any previous probation or parole 12 supervision and institutional confinement. The board shall provide toll 13 free telephone access for crime victims, family members and interested 14 parties as defined in section 440.50 of the criminal procedure law. In 15 the case of an oral statement made in accordance with subdivision one of 16 section 440.50 of the criminal procedure law, [the parole board member17shall present a written report of the statement to the parole board] 18 such oral statement shall be made to the members of the board who will 19 determine whether the defendant is released. A crime victim's represen- 20 tative shall mean the crime victim's closest surviving relative, the 21 committee or guardian of such person, or the legal representative of any 22 such person. Such statement submitted by the victim or victim's repre- 23 sentative, or a family member of a crime victim or interested party as 24 defined in section 440.50 of the criminal procedure law may include 25 information concerning threatening or intimidating conduct toward the 26 victim, the victim's representative, or the victim's family, made by the 27 person sentenced and occurring after the sentencing. Such information 28 may include, but need not be limited to, the threatening or intimidating 29 conduct of any other person who or which is directed by the person 30 sentenced. Any statement by a victim [or], the victim's representative, 31 a family member of a crime victim or an interested party made to the 32 board shall be maintained by the department in the file provided to the 33 board when interviewing the inmate in consideration of release. A victim 34 [or], victim's representative, family member of a crime victim or inter- 35 ested party who has submitted a written request to the department for 36 the transcript of such interview shall be provided such transcript as 37 soon as it becomes available. 38 (B) Where a crime victim or victim's representative as defined in 39 subparagraph (A) of this paragraph or a family member of a crime victim 40 or interested party as defined in section 440.50 of the criminal proce- 41 dure law, or other person submits to the parole board a written state- 42 ment concerning the release of an inmate, the parole board shall keep 43 that individual's name and address confidential. 44 § 3. This act shall take effect on the first of November next succeed- 45 ing the date on which it shall have become a law.
