Requires the state board of parole to provide notification to victims upon the conditional release of an incarcerated individual convicted of a crime against a member of the same family or household.
STATE OF NEW YORK
________________________________________________________________________
267
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. EACHUS -- read once and referred to the Committee
on Correction
AN ACT to amend the executive law, in relation to notification of
certain persons upon the conditional release of an incarcerated indi-
vidual 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 incarcerated individ-
8 ual to be conditionally released was convicted of a crime and the victim
9 is or was a member of the same family or household as the incarcerated
10 individual it shall be the duty of the board at least one week prior to
11 the release to notify the victim or victims of such offense, unless the
12 victim refuses or the victim's whereabouts are unknown, that the incar-
13 cerated individual is being released and of the conditions of such
14 release. Such notification shall be sent by electronic mail when the
15 electronic mail address of the victim or victims is available, and when
16 it is not, by certified mail to the last known address of the victim or
17 victims. When such address is a shelter for victims of domestic abuse
18 notice shall also be given to the director or administrator of such
19 shelter. For purposes of this subdivision, "members of the same family
20 or household" shall mean the following:
21 (a) persons related by consanguinity or affinity;
22 (b) persons legally married to one another;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01397-01-5
A. 267 2
1 (c) persons formerly married to one another;
2 (d) persons who have a child in common, regardless of whether such
3 persons have been married or have lived together at any time;
4 § 2. Subdivision 2 of section 259-c of the executive law, as amended
5 by chapter 322 of the laws of 2021, is amended to read as follows:
6 2. have the power and duty of determining the conditions of release of
7 the person who may be conditionally released or subject to a period of
8 post-release supervision under an indeterminate or reformatory sentence
9 of imprisonment and of determining which incarcerated individuals serv-
10 ing a definite sentence of imprisonment may be conditionally released
11 and when and under what conditions. Where an incarcerated individual to
12 be conditionally released was convicted of a crime and the victim is or
13 was a member of the same family or household as the incarcerated indi-
14 vidual it shall be the duty of the board at least one week prior to the
15 release to notify the victim or victims of such offense, unless the
16 victim refuses or the victim's whereabouts are unknown, that the incar-
17 cerated individual is being released and of the conditions of such
18 release. Such notification shall be sent by electronic mail when the
19 electronic mail address of the victim or victims is available, and when
20 it is not, by certified mail to the last known address of the victim or
21 victims. When such address is a shelter for victims of domestic abuse
22 notice shall also be given to the director or administrator of such
23 shelter. For purposes of this subdivision, "members of the same family
24 or household" shall mean the following:
25 (a) persons related by consanguinity or affinity;
26 (b) persons legally married to one another;
27 (c) persons formerly married to one another;
28 (d) persons who have a child in common, regardless of whether such
29 persons have been married or have lived together at any time;
30 § 3. This act shall take effect on the sixtieth day after it shall
31 have become a law; provided that the amendments to subdivision 2 of
32 section 259-c of the executive law, made by section one of this act,
33 shall not affect the expiration and reversion of such subdivision and
34 shall expire therewith, when upon such date the provisions of section
35 two of this act shall take effect; and shall apply to all incarcerated
36 individuals conditionally released on or after the effective date of
37 this act.
