Bill Text: NY S02085 | 2011-2012 | General Assembly | Introduced

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Bill Title: Enacts the "victim's information and security act" to aid victims, witnesses, family members and others in accessing information pertinent to the probable release or movement of inmates; establishes the office of victim/witness services; delineates powers and duties of such office.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-18 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S02085 Detail]

Download: New_York-2011-S02085-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2085
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 18, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- 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 correction law, in relation to enacting the victim's
         information and security act
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited as  the  "victim's
    2  information and security act".
    3    S 2. Legislative intent and findings. The legislature hereby finds and
    4  determines  that  a need exists to establish a better system of communi-
    5  cation between the victim of crime, or family member if  the  victim  is
    6  deceased, and the department of correctional services housing the person
    7  responsible for such victimization. An office of victim/witness services
    8  shall  be  created  with  a  comprehensive  mission of victim protection
    9  through the development of victim assistance programs within the depart-
   10  ment of correctional services.
   11    Such a program will provide the victim with a  resource  or  clearing-
   12  house  to  turn  to  in  order  to  have  the most fundamental questions
   13  answered with respect to  the  inmate  including  where  the  inmate  is
   14  confined,  when  the  inmate will be released, what the inmate's conduct
   15  has been while in prison, when parole hearings  will  be  held,  if  the
   16  inmate  has  escaped  or  if the inmate has died while in custody of the
   17  department of correctional services.
   18    The legislature further finds that crime victims are  often  subjected
   19  to  additional  victimization  by  increasing anxiety and even fear when
   20  what may seem simple but extremely important questions  are  left  unan-
   21  swered.   The purpose of the victim's information and security act is to
   22  establish within the department of correctional services  an  office  of
   23  victim/witness  services  where crime victims, witnesses, family members
   24  and other individuals  designated  by  law,  can  turn  for  answers  in
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06527-01-1
       S. 2085                             2
    1  connection with the incarceration of their assailant. The victim/witness
    2  services   office  shall  promote  and  coordinate  victim's  assistance
    3  programs throughout the state as a tool to protect victims  and  provide
    4  emotional and psychological stability.
    5    S 3. The correction law is amended by adding a new article 6-B to read
    6  as follows:
    7                                 ARTICLE 6-B
    8                    VICTIM'S INFORMATION AND SECURITY ACT
    9  SECTION 162. OFFICE OF VICTIM/WITNESS SERVICES; ESTABLISHED.
   10          162-A. POWERS AND DUTIES.
   11    S  162.  OFFICE  OF  VICTIM/WITNESS SERVICES; ESTABLISHED. 1. THERE IS
   12  HEREBY  CREATED  WITHIN  THE  DEPARTMENT  AN  OFFICE  OF  VICTIM/WITNESS
   13  SERVICES.
   14    2.  THE  HEAD  OF  SUCH  OFFICE SHALL BE THE DIRECTOR OF THE COMMUNITY
   15  OUTREACH PROGRAM.
   16    3. IN CARRYING OUT ITS POWERS  AND  DUTIES  UNDER  THIS  ARTICLE,  THE
   17  OFFICE OF VICTIM/WITNESS SERVICES IS ORGANIZED AND OPERATED TO HAVE AS A
   18  PRIMARY  PURPOSE  AIDING  VICTIMS,  THEIR  FAMILY MEMBERS, WITNESSES AND
   19  OTHERS DESIGNATED BY LAW IN ACCESSING INFORMATION PERTINENT TO THE PROB-
   20  ABLE RELEASE OR MOVEMENT OF THEIR ASSAILANT.
   21    S 162-A. POWERS AND DUTIES. THE OFFICE SHALL HAVE THE FOLLOWING POWERS
   22  AND DUTIES:
   23    1. TO IMPLEMENT PROGRAMS RELATING TO  VICTIM/WITNESS  NOTIFICATION  OF
   24  INMATE INFORMATION.
   25    2.  TO ESTABLISH A CLEARINGHOUSE AND DEVELOP A SYSTEM OF COMMUNICATION
   26  BETWEEN THE VICTIM OF A  CRIME,  THEIR  FAMILY  MEMBERS,  WITNESSES  AND
   27  OTHERS AS DESIGNATED BY LAW AND THE DEPARTMENT.
   28    3.  TO  INSTITUTE  VICTIM ASSISTANCE PROGRAMS AND SERVICES WITHIN EACH
   29  DEPARTMENT FACILITY.
   30    4. TO ESTABLISH VICTIM AWARENESS PROGRAMS FOCUSING UPON THE EFFECT AND
   31  IMPACT OF THE CRIME UPON THE VICTIM, THEIR FAMILY MEMBERS, WITNESSES AND
   32  OTHERS DESIGNATED BY LAW.
   33    S 4. This act shall take effect on the first of April next  succeeding
   34  the date on which it shall have become a law.