Bill Text: NY S00449 | 2015-2016 | General Assembly | Introduced

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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 3-0)

Status: (Engrossed - Dead) 2016-06-14 - referred to governmental operations [S00449 Detail]

Download: New_York-2015-S00449-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          449
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Crime Victims,  Crime
         and 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.
                                                                  LBD02380-01-5
       S. 449                              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    S  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    S  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.