Bill Text: NY S08360 | 2009-2010 | General Assembly | Introduced
Bill Title: Directs the division of parole to maintain a current list of all inmates due to appear before a parole board on its internet homepage; directs such division to establish a means by which crime victims can register to receive notice of the date of the parole hearing of the inmate who committed the offense against such victim; directs such division to report to the governor and legislative leaders on a quarterly basis on those inmates granted parole; requires all member of the parole board to agree on the parole of an inmate convicted of a class A felony; requires notice of a parole hearing to be provided to the district attorney and the crime victim, nine months in advance of the parole hearing of an inmate; requires the crime victims fair treatment standard pamphlet to include information on registering with the division of parole to receive notice of the parole hearing of the person convicted of an offense against a crime victim.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-06-25 - REFERRED TO RULES [S08360 Detail]
Download: New_York-2009-S08360-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8360 I N S E N A T E June 25, 2010 ___________ Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, in relation to directing the division of parole, on its internet homepage, to maintain a list of inmates eligible for parole and to provide crime victims a means to register to receive notice of the parole hearing of the inmate who committed the crime against such victim, requiring the division of parole to submit a report on the inmates granted parole, the consideration of inmates for parole, and the crime victims fair treatment standard pamphlet THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 259-a of the executive law is amended by adding two 2 new subdivisions 8-a and 8-b to read as follows: 3 8-A. THE DIVISION SHALL, ON ITS INTERNET HOMEPAGE: 4 (A) PROVIDE AND MAINTAIN ON A CURRENT BASIS A LISTING OF ALL INMATES 5 WHO WILL APPEAR BEFORE THE BOARD OF PAROLE AT SOME FUTURE DATE, AND FOR 6 EACH SUCH INMATE THE DATE OF SUCH APPEARANCE, THE CRIME OR CRIMES OF 7 CONVICTION AND THE INMATE'S NEW YORK STATE IDENTIFICATION NUMBER; AND 8 (B) PROVIDE A MEANS FOR ANY VICTIM, AS SUCH TERM IS DEFINED IN SUBDI- 9 VISION TWO OF SECTION 440.50 OF THE CRIMINAL PROCEDURE LAW, TO REGISTER 10 TO RECEIVE NOTICE AT SUCH PERSON'S ELECTRONIC MAIL ADDRESS OR HIS OR HER 11 PERSONAL MAIL ADDRESS OR BOTH THE ELECTRONIC MAIL ADDRESS AND PERSONAL 12 MAIL ADDRESS OF THE DATE OF THE SCHEDULED APPEARANCE BEFORE THE BOARD OF 13 PAROLE OF THE INMATE WHO WAS CONVICTED OF THE CRIME AGAINST THE VICTIM. 14 8-B. THE DIVISION SHALL PRESENT TO THE GOVERNOR, TEMPORARY PRESIDENT 15 OF THE SENATE, MINORITY LEADER OF THE SENATE, SPEAKER OF THE ASSEMBLY 16 AND THE MINORITY LEADER OF THE ASSEMBLY A QUARTERLY REPORT DETAILING THE 17 NUMBER OF INMATES WHO APPEARED BEFORE THE BOARD OF PAROLE PURSUANT TO 18 SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTICLE AND THE NUMBER OF SUCH 19 INMATES WHO WERE GRANTED PAROLE, SEPARATELY STATING THE INFORMATION FOR 20 THOSE CONVICTED OF A CLASS A FELONY, THOSE CONVICTED OF A VIOLENT FELONY 21 OFFENSE, AS DEFINED IN SECTION 70.02 OF THE PENAL LAW, AND THOSE 22 CONVICTED OF AN OFFENSE OTHER THAN A CLASS A FELONY OR A VIOLENT FELONY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00840-02-0 S. 8360 2 1 OFFENSE; AND FOR EACH INMATE WHO WAS RELEASED TO PAROLE BY THE BOARD, 2 THE NAME OF THE INMATE, THE CRIME OR CRIMES OF CONVICTION, THE COUNTY OF 3 CONVICTION, THE SENTENCE IMPOSED UPON SUCH INMATE AND THE AMOUNT OF SUCH 4 SENTENCE WHICH HAS BEEN SERVED BY THE INMATE IN CONFINEMENT PRIOR TO 5 RELEASE ON PAROLE. THE INITIAL REPORT REQUIRED BY THIS SUBDIVISION SHALL 6 BE FOR THE PERIOD BEGINNING SEPTEMBER FIRST, TWO THOUSAND ELEVEN AND 7 ENDING DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN AND SHALL BE PRESENTED 8 NO LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND TWELVE. THEREAFTER, 9 EACH QUARTERLY REPORT SHALL BE PRESENTED NO LATER THAN THIRTY DAYS AFTER 10 THE CLOSE OF EACH QUARTER. 11 S 2. Subparagraph (i) of paragraph (a) of subdivision 2 of section 12 259-i of the executive law, as separately amended by section 11 of part 13 E and section 9 of part F of chapter 62 of the laws of 2003, is amended 14 to read as follows: 15 (i) Except as provided in subparagraph (ii) of this paragraph, at 16 least one month prior to the date on which an inmate may be paroled 17 pursuant to subdivision one of section 70.40 of the penal law, a member 18 or members as determined by the rules of the board shall personally 19 interview such inmate and determine whether he OR SHE should be paroled 20 in accordance with the guidelines adopted pursuant to subdivision four 21 of section two hundred fifty-nine-c of this article. NOTWITHSTANDING 22 ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, AN INMATE WHO IS 23 CONVICTED OF A CLASS A FELONY MUST BE INTERVIEWED BY NOT LESS THAN THREE 24 MEMBERS OF THE BOARD AND PAROLE SHALL NOT BE GRANTED TO SUCH INMATE 25 EXCEPT UPON THE CONCURRENCE OF ALL OF THE MEMBERS WHO HAVE INTERVIEWED 26 SUCH INMATE. If parole is not granted upon such review, the inmate shall 27 be informed in writing within two weeks of such appearance of the 28 factors and reasons for such denial of parole. Such reasons shall be 29 given in detail and not in conclusory terms. The board shall specify a 30 date not more than twenty-four months from such determination for recon- 31 sideration, and the procedures to be followed upon reconsideration shall 32 be the same. If the inmate is released, he OR SHE shall be given a copy 33 of the conditions of parole. Such conditions shall where appropriate, 34 include a requirement that the parolee comply with any restitution 35 order, mandatory surcharge, sex offender registration fee and DNA data- 36 bank fee previously imposed by a court of competent jurisdiction that 37 applies to the parolee. The board of parole shall indicate which resti- 38 tution collection agency established under subdivision eight of section 39 420.10 of the criminal procedure law, shall be responsible for 40 collection of restitution, mandatory surcharge, sex offender registra- 41 tion fees and DNA databank fees as provided for in section 60.35 of the 42 penal law and section eighteen hundred nine of the vehicle and traffic 43 law. NOT LESS THAN NINE MONTHS PRIOR TO THE DATE THAT AN INMATE WILL BE 44 PERSONALLY INTERVIEWED BY THE MEMBERS OF THE BOARD, NOTICE OF THE DATE 45 OF SUCH INTERVIEW SHALL BE GIVEN TO THE DISTRICT ATTORNEY OF THE COUNTY 46 IN WHICH THE INMATE WAS CONVICTED; AND NOTICE OF THE DATE OF SUCH INTER- 47 VIEW AND A STATEMENT OF THE VICTIM'S RIGHTS UNDER SECTION 440.50 OF THE 48 CRIMINAL PROCEDURE LAW SHALL BE GIVEN BY THE BOARD TO THE VICTIM, AS 49 SUCH TERM IS DEFINED IN SUBDIVISION TWO OF SECTION 440.50 OF THE CRIMI- 50 NAL PROCEDURE LAW, PROVIDED THAT THE VICTIM HAS REQUESTED SUCH NOTICE. 51 THE VICTIM MAY REQUEST SUCH NOTICE IN THE MANNER PROVIDED BY SECTION 52 440.50 OF THE CRIMINAL PROCEDURE LAW, OR AT ANY OTHER TIME BY WRITTEN 53 REQUEST TO THE BOARD OR BY REQUESTING SUCH NOTICE ON THE INTERNET 54 WEBSITE OF THE DIVISION AS PROVIDED IN SUBDIVISION EIGHT-A OF SECTION 55 TWO HUNDRED FIFTY-NINE-A OF THIS ARTICLE. S. 8360 3 1 S 3. Paragraph (a) of subdivision 2 of section 259-i of the executive 2 law, as amended by chapter 396 of the laws of 1987, is amended to read 3 as follows: 4 (a) At least one month prior to the expiration of the minimum period 5 or periods of imprisonment fixed by the court or board, a member or 6 members as determined by the rules of the board shall personally inter- 7 view an inmate serving an indeterminate sentence and determine whether 8 he OR SHE should be paroled at the expiration of the minimum period or 9 periods in accordance with the guidelines adopted pursuant to subdivi- 10 sion four of section two hundred fifty-nine-c OF THIS ARTICLE. NOTWITH- 11 STANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, AN INMATE 12 WHO IS CONVICTED OF A CLASS A FELONY MUST BE INTERVIEWED BY NOT LESS 13 THAN THREE MEMBERS OF THE BOARD AND PAROLE SHALL NOT BE GRANTED TO SUCH 14 INMATE EXCEPT UPON THE CONCURRENCE OF ALL OF THE MEMBERS WHO HAVE INTER- 15 VIEWED SUCH INMATE. If parole is not granted upon such review, the 16 inmate shall be informed in writing within two weeks of such appearance 17 of the factors and reasons for such denial of parole. Such reasons shall 18 be given in detail and not in conclusory terms. The board shall specify 19 a date not more than twenty-four months from such determination for 20 reconsideration, and the procedures to be followed upon reconsideration 21 shall be the same. If the inmate is released, he OR SHE shall be given a 22 copy of the conditions of parole. Such conditions shall where appropri- 23 ate, include a requirement that the parolee comply with any restitution 24 order and mandatory surcharge previously imposed by a court of competent 25 jurisdiction that applies to the parolee. The board of parole shall 26 indicate which restitution collection agency established under subdivi- 27 sion eight of section 420.10 of the criminal procedure law, shall be 28 responsible for collection of restitution and mandatory surcharge as 29 provided for in section 60.35 of the penal law and section eighteen 30 hundred nine of the vehicle and traffic law. NOT LESS THAN NINE MONTHS 31 PRIOR TO THE DATE THAT AN INMATE WILL BE PERSONALLY INTERVIEWED BY THE 32 MEMBERS OF THE BOARD, NOTICE OF THE DATE OF SUCH INTERVIEW SHALL BE 33 GIVEN TO THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE INMATE WAS 34 CONVICTED; AND NOTICE OF THE DATE OF SUCH INTERVIEW AND A STATEMENT OF 35 THE VICTIM'S RIGHTS UNDER SECTION 440.50 OF THE CRIMINAL PROCEDURE LAW 36 SHALL BE GIVEN BY THE BOARD TO THE VICTIM, AS SUCH TERM IS DEFINED IN 37 SUBDIVISION TWO OF SECTION 440.50 OF THE CRIMINAL PROCEDURE LAW, 38 PROVIDED THAT THE VICTIM HAS REQUESTED SUCH NOTICE. THE VICTIM MAY 39 REQUEST SUCH NOTICE IN THE MANNER PROVIDED BY SECTION 440.50 OF THE 40 CRIMINAL PROCEDURE LAW, OR AT ANY OTHER TIME BY WRITTEN REQUEST TO THE 41 BOARD OR BY REQUESTING SUCH NOTICE ON THE INTERNET WEBSITE OF THE DIVI- 42 SION AS PROVIDED IN SUBDIVISION EIGHT-A OF SECTION TWO HUNDRED 43 FIFTY-NINE-A OF THIS ARTICLE. 44 S 4. Paragraph (g) of subdivision 2 of section 646-a of the executive 45 law, as added by chapter 186 of the laws of 2005, is amended to read as 46 follows: 47 (g) the rights of crime victims to be aware of the defendant's incar- 48 ceration status by providing the division of parole's contact informa- 49 tion, including the division's toll-free telephone number, as provided 50 for in subdivision two of section two hundred fifty-nine-i of this chap- 51 ter, AND THE INTERNET WEB ADDRESS OF THE DIVISION, AS PROVIDED BY SUBDI- 52 VISION EIGHT-A OF SECTION TWO HUNDRED FIFTY-NINE-A OF THIS CHAPTER. 53 Such notice shall advise the crime victim to use the division's toll- 54 free telephone number OR INTERNET WEBSITE to update contact information. 55 S 5. This act shall take effect immediately, provided that: S. 8360 4 1 (a) subdivision 8-a of section 259-a of the executive law, as added by 2 section one of this act, and section four of this act shall take effect 3 on the one hundred eightieth day after it shall have become a law, and 4 effective immediately, any rules and regulations, and any other actions, 5 necessary to implement such provisions of this act on their effective 6 date are authorized and directed to be completed on or before such date; 7 and 8 (b) the amendments to paragraph (a) of subdivision 2 of section 259-i 9 of the executive law, made by section two of this act, shall not affect 10 the expiration and reversion of such paragraph and shall expire there- 11 with, when upon such date section three of this act shall take effect.