Bill Text: NY S01966 | 2011-2012 | General Assembly | Amended
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 6-0)
Status: (Engrossed - Dead) 2012-06-12 - referred to governmental operations [S01966 Detail]
Download: New_York-2011-S01966-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1966--A 2011-2012 Regular Sessions I N S E N A T E January 14, 2011 ___________ Introduced by Sens. MARCELLINO, GOLDEN, JOHNSON, LARKIN, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04407-02-1 S. 1966--A 2 1 (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER; 2 (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER; 3 (D) PERSONS WHO HAVE A CHILD IN COMMON, REGARDLESS OF WHETHER SUCH 4 PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME; 5 S 2. Subdivision 2 of section 259-c of the executive law, as separate- 6 ly amended by chapter 904 of the laws of 1977 and chapter 1 of the laws 7 of 1998, is amended to read as follows: 8 2. have the power and duty of determining the conditions of release of 9 the person who may be conditionally released or subject to a period of 10 post-release supervision under an indeterminate or reformatory sentence 11 of imprisonment and of determining which inmates serving a definite 12 sentence of imprisonment may be conditionally released and when and 13 under what conditions. WHERE AN INMATE TO BE CONDITIONALLY RELEASED WAS 14 CONVICTED OF A CRIME AND THE VICTIM IS OR WAS A MEMBER OF THE SAME FAMI- 15 LY OR HOUSEHOLD AS THE INMATE IT SHALL BE THE DUTY OF THE BOARD AT LEAST 16 ONE WEEK PRIOR TO THE RELEASE TO NOTIFY THE VICTIM OR VICTIMS OF SUCH 17 OFFENSE, UNLESS THE VICTIM REFUSES OR HIS OR HER WHEREABOUTS ARE 18 UNKNOWN, THAT THE INMATE IS BEING RELEASED AND OF THE CONDITIONS OF SUCH 19 RELEASE. SUCH NOTIFICATION SHALL BE SENT BY ELECTRONIC MAIL WHEN THE 20 ELECTRONIC MAIL ADDRESS OF THE VICTIM OR VICTIMS IS AVAILABLE, AND WHEN 21 IT IS NOT, BY CERTIFIED MAIL TO THE LAST KNOWN ADDRESS OF THE VICTIM OR 22 VICTIMS. WHEN SUCH ADDRESS IS A SHELTER FOR VICTIMS OF DOMESTIC ABUSE 23 NOTICE SHALL ALSO BE GIVEN TO THE DIRECTOR OR ADMINISTRATOR OF SUCH 24 SHELTER. FOR PURPOSES OF THIS SUBDIVISION, "MEMBERS OF THE SAME FAMILY 25 OR HOUSEHOLD" SHALL MEAN THE FOLLOWING: 26 (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY; 27 (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER; 28 (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER; 29 (D) PERSONS WHO HAVE A CHILD IN COMMON, REGARDLESS OF WHETHER SUCH 30 PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME; 31 S 3. This act shall take effect on the sixtieth day after it shall 32 have become a law; provided that the amendments to subdivision 2 of 33 section 259-c of the executive law, made by section one of this act, 34 shall not affect the expiration and reversion of such subdivision and 35 shall expire therewith, when upon such date the provisions of section 36 two of this act shall take effect; and shall apply to all inmates condi- 37 tionally released on or after the effective date of this act.