Bill Text: NY S04160 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enables victims and relatives of victims to view parole hearings via closed circuit television or a secure online website.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-06-12 - referred to correction [S04160 Detail]

Download: New_York-2011-S04160-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4160--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 21, 2011
                                      ___________
       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Crime Victims,  Crime  and
         Correction -- recommitted to the Committee on Crime Victims, Crime and
         Correction  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the executive law and the  criminal  procedure  law,  in
         relation  to  enabling  victims  to  view  parole  hearings via closed
         circuit television or a secure online website
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 259-c of the executive law is amended by adding a
    2  new subdivision 18 to read as follows:
    3    18. PERMIT VICTIMS AND RELATIVES OF VICTIMS TO VIEW AN INMATE'S PAROLE
    4  HEARING RELATING TO THEIR CASE VIA CLOSED CIRCUIT TELEVISION OR A SECURE
    5  ONLINE WEBSITE.
    6    S 2. Subdivision 3 of section 641 of the executive law,  as  added  by
    7  chapter  94  of the laws of 1984 and paragraph (d) as amended by chapter
    8  618 of the laws of 1992, is amended to read as follows:
    9    3. Ensure notification  of  victims,  witnesses,  relatives  of  those
   10  victims and witnesses who are minors, and relatives of homicide victims,
   11  if  such persons provide the appropriate official with a current address
   12  and telephone number, either by phone or by mail, if possible, of  judi-
   13  cial proceedings relating to their case, including:
   14    (a) the arrest of an accused;
   15    (b) the initial appearance of an accused before a judicial officer;
   16    (c) the release of an accused pending judicial proceedings; [and]
   17    (d) proceedings in the prosecution of the accused including entry of a
   18  plea  of  guilty,  trial,  sentencing,  but prior to sentencing specific
   19  information shall be provided regarding the right  to  seek  restitution
   20  and  reparation,  and  where a term of imprisonment is imposed, specific
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08390-02-2
       S. 4160--A                          2
    1  information shall be provided regarding maximum  and  minimum  terms  of
    2  such imprisonment; AND
    3    (E) THE DATE AND TIME OF ANY PAROLE HEARING AS WELL AS THE LOCATION AT
    4  WHICH  THE  VICTIM  AND  RELATIVES OF THE VICTIM MAY VIEW THE HEARING ON
    5  CLOSED CIRCUIT TELEVISION OR THE SECURE  ONLINE  WEBSITE  ON  WHICH  THE
    6  HEARING MAY BE VIEWED.
    7    S 3. Subdivision 1 of section 440.50 of the criminal procedure law, as
    8  amended  by  section 80 of subpart B of part C of chapter 62 of the laws
    9  of 2011, is amended to read as follows:
   10    1. Upon the request of a victim of a crime, or in  any  event  in  all
   11  cases  in which the final disposition includes a conviction of a violent
   12  felony offense as defined in section 70.02 of the penal law or a  felony
   13  defined  in  article  one  hundred twenty-five of such law, the district
   14  attorney shall, within sixty days of the final disposition of the  case,
   15  inform  the  victim  by  letter of such final disposition. If such final
   16  disposition results in the commitment of the defendant to the custody of
   17  the department of corrections and community supervision for an  indeter-
   18  minate  sentence,  the  notice  provided  to the crime victim shall also
   19  inform the victim of his or her right to submit a  written,  audiotaped,
   20  or  videotaped  victim impact statement to the department of corrections
   21  and community supervision or to meet personally with  a  member  of  the
   22  state  board  of  parole  at a time and place separate from the personal
   23  interview between a member or members of the board and  the  inmate  and
   24  make  such  a statement, subject to procedures and limitations contained
   25  in rules of the board, both pursuant to subdivision two of  section  two
   26  hundred fifty-nine-i of the executive law. The right of the victim under
   27  this  subdivision to submit a written victim impact statement or to meet
   28  personally with a member of the state board of parole  applies  to  each
   29  personal  interview  between  a  member  or members of the board and the
   30  inmate.  THE NOTICE TO THE VICTIM SHALL ALSO INFORM THE VICTIM OF HIS OR
   31  HER RIGHT TO VIEW THE DEFENDANT'S PAROLE HEARING ON CLOSED CIRCUIT TELE-
   32  VISION OR OVER A SECURE ONLINE WEBSITE AND SHALL INFORM  THE  VICTIM  OF
   33  THE INTENDED DATE AND TIME OF THE PAROLE HEARING AS WELL AS THE LOCATION
   34  OR WEBSITE ADDRESS AT WHICH THE VICTIM MAY VIEW THE HEARING.
   35    S 4. This act shall take effect immediately.