A01185 Summary:

BILL NOA01185
 
SAME ASNo Same As
 
SPONSORSimanowitz
 
COSPNSRMiller MG, Hooper
 
MLTSPNSR
 
Amd 259-i, Exec L; amd 440.50, CP L
 
Provides that if parole is granted, the reasons for granting parole must be stated in detail in writing; authorizes access to such information to past and any prospective victims; changes from 60 to 15 days the time for a district attorney to notify a victim of case disposition.
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A01185 Actions:

BILL NOA01185
 
01/11/2017referred to correction
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A01185 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1185
 
SPONSOR: Simanowitz
  TITLE OF BILL: An act to amend the executive law and the criminal procedure law, in relation to victims' rights to parole information and notice of crime disposition   PURPOSE OF BILL: Provide crime victims access to written statements from the Parole Board stating the reasons for the release of a convict   SUMMARY OF SPECIFIC PROVISIONS: Amends paragraph (a) of subdivision (2) of section 259-i of the execu- tive law.   JUSTIFICATION: Two recent appellate court decisions have construed that under the provisions of the executive law, if a parolee commits a crime after release, the crime victim should have access to the Parole Board's reasons for granting parole. In both cases, the plaintiffs had been shot and crippled by convicts recently released after serving minimum four year terms for violent crimes. The state Parole Board's position in both cases was that it had total discretion in granting parole and that there was no requirement for it to explain its position. The primary function of the Parole Board is to provide for the conditional release of prison- ers based on their social, physical, mental and psychiatric condition and history. The granting or denial of parole is based on the ability to return to society without causing further harm to the population. If an inmate is denied parole, the inmate is entitled to a written explanation from the Parole Board detailing the reasons for the denial. Fairness dictates that the crime victim be entitled to notification and a state- ment explaining the reasons when parole has been granted. This amendment allows the victim of a prisoner's original crime to be notified in writing of the Parole Board's reasons for granting parole when that victim has submitted a victim impact statement to the Board. Furthermore, it allows a person who becomes a victim subsequent to release of a prisoner to also be provided with a copy of the Parole Board's statement upon request.   LEGISLATIVE HISTORY: 2011-12: Referred to Gov. Ops. 2014-2016: Referred to Correction   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Minimal   EFFECTIVE DATE: This act shall take effect April 1, 2017
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A01185 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1185
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2017
                                       ___________
 
        Introduced by M. of A. SIMANOWITZ, M. G. MILLER, HOOPER -- read once and
          referred to the Committee on Correction
 
        AN  ACT  to  amend  the executive law and the criminal procedure law, in
          relation to victims' rights to parole information and notice of  crime
          disposition

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (a) of subdivision 2  of  section  259-i  of  the
     2  executive  law,  as  amended by section 38-f-1 of subpart A of part C of
     3  chapter 62 of the laws of 2011, is amended to read as follows:
     4    (a) (i) Except as provided in subparagraph (ii) of this paragraph,  at
     5  least  one  month  prior  to  the date on which an inmate may be paroled
     6  pursuant to subdivision one of section 70.40 of the penal law, a  member
     7  or  members  as  determined  by  the rules of the board shall personally
     8  interview such inmate and determine whether  he  should  be  paroled  in
     9  accordance  with  the guidelines adopted pursuant to subdivision four of
    10  section two hundred fifty-nine-c of  this  article.  If  parole  is  not
    11  granted upon such review, the inmate shall be informed in writing within
    12  two  weeks of such appearance of the factors and reasons for such denial
    13  of parole. Such reasons shall be given in detail and not  in  conclusory
    14  terms.  The  board shall specify a date not more than twenty-four months
    15  from such determination for reconsideration, and the  procedures  to  be
    16  followed  upon  reconsideration  shall  be  the  same.  If the inmate is
    17  released, he shall be given a copy of the  conditions  of  parole.  Such
    18  conditions shall where appropriate, include a requirement that the paro-
    19  lee comply with any restitution order, mandatory surcharge, sex offender
    20  registration  fee  and DNA databank fee previously imposed by a court of
    21  competent jurisdiction that applies to the parolee. The conditions shall
    22  indicate which restitution collection agency established under  subdivi-
    23  sion  eight  of  section  420.10 of the criminal procedure law, shall be
    24  responsible for collection  of  restitution,  mandatory  surcharge,  sex
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03474-01-7

        A. 1185                             2
 
     1  offender  registration  fees  and  DNA  databank fees as provided for in
     2  section 60.35 of the penal law and section eighteen hundred nine of  the
     3  vehicle  and  traffic  law.  If  parole  is  granted, a statement of the
     4  reasons  for  granting  parole  shall  be stated in writing and shall be
     5  provided, within a reasonable time after such decision, to a  victim  or
     6  victim's  representative who has filed a statement pursuant to paragraph
     7  (c) of this subdivision.
     8    (ii) Any inmate who is scheduled for presumptive release  pursuant  to
     9  section  eight hundred six of the correction law shall not appear before
    10  the board as provided in subparagraph (i) of this paragraph unless  such
    11  inmate's  scheduled  presumptive  release  is  forfeited,  canceled,  or
    12  rescinded subsequently as provided in  such  law.  In  such  event,  the
    13  inmate  shall  appear  before  the  board  for  release consideration as
    14  provided in subparagraph (i) of this paragraph as soon thereafter as  is
    15  practicable.
    16    §  2. Paragraph (a) of subdivision 2 of section 259-i of the executive
    17  law, as amended by section 38-f-2 of subpart A of part C of  chapter  62
    18  of the laws of 2011, is amended to read as follows:
    19    (a)  At  least one month prior to the expiration of the minimum period
    20  or periods of imprisonment fixed by the court  or  board,  a  member  or
    21  members  as determined by the rules of the board shall personally inter-
    22  view an inmate serving an indeterminate sentence and  determine  whether
    23  he  should be paroled at the expiration of the minimum period or periods
    24  in accordance with the procedures adopted pursuant to  subdivision  four
    25  of  section  two  hundred fifty-nine-c of this article. If parole is not
    26  granted upon such review, the inmate shall be informed in writing within
    27  two weeks of such appearance of the factors and reasons for such  denial
    28  of  parole.  Such reasons shall be given in detail and not in conclusory
    29  terms. The board shall specify a date not more than  twenty-four  months
    30  from  such  determination  for reconsideration, and the procedures to be
    31  followed upon reconsideration shall  be  the  same.  If  the  inmate  is
    32  released,  he  shall  be  given a copy of the conditions of parole. Such
    33  conditions shall where appropriate, include a requirement that the paro-
    34  lee comply with any restitution order and mandatory surcharge previously
    35  imposed by a court of competent jurisdiction that applies to  the  paro-
    36  lee.  The  conditions shall indicate which restitution collection agency
    37  established under subdivision eight of section 420.10  of  the  criminal
    38  procedure  law,  shall  be responsible for collection of restitution and
    39  mandatory surcharge as provided for in section 60.35 of  the  penal  law
    40  and  section  eighteen  hundred  nine of the vehicle and traffic law. If
    41  parole is granted, a statement of the reasons for granting parole  shall
    42  be  stated  in  writing  and shall be provided, within a reasonable time
    43  after such decision, to a victim  or  victim's  representative  who  has
    44  filed a statement pursuant to paragraph (c) of this subdivision.
    45    § 3. Subdivision 1 of section 440.50 of the criminal procedure law, as
    46  amended  by  section 80 of subpart B of part C of chapter 62 of the laws
    47  of 2011, is amended to read as follows:
    48    1. Upon the request of a victim of a crime, or in  any  event  in  all
    49  cases  in which the final disposition includes a conviction of a violent
    50  felony offense as defined in section 70.02 of the penal law or a  felony
    51  defined  in  article  one  hundred twenty-five of such law, the district
    52  attorney shall, within [sixty] fifteen days of the final disposition  of
    53  the case, inform the victim by letter of such final disposition. If such
    54  final  disposition  results  in  the  commitment of the defendant to the
    55  custody of the department of corrections and community  supervision  for
    56  an indeterminate sentence, the notice provided to the crime victim shall

        A. 1185                             3
 
     1  also  inform  the victim of his or her right to submit a written, audio-
     2  taped, or videotaped  victim  impact  statement  to  the  department  of
     3  corrections  and  community  supervision  or  to  meet personally with a
     4  member  of  the  state board of parole at a time and place separate from
     5  the personal interview between a member or members of the board and  the
     6  inmate  and make such a statement, subject to procedures and limitations
     7  contained in rules of the board, both pursuant  to  subdivision  two  of
     8  section  two hundred fifty-nine-i of the executive law. The right of the
     9  victim under this subdivision to submit a written victim  impact  state-
    10  ment  or  to  meet personally with a member of the state board of parole
    11  applies to each personal interview between a member or  members  of  the
    12  board and the inmate.
    13    §  4.  This  act  shall  take  effect April 1, 2017; provided that the
    14  amendments to paragraph (a) of subdivision 2 of  section  259-i  of  the
    15  executive  law  made  by section one of this act shall be subject to the
    16  expiration and reversion of such paragraph pursuant to subdivision d  of
    17  section  74 of chapter 3 of the laws of 1995, as amended, when upon such
    18  date the provisions of section two of this act shall take effect.
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