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S07972 Summary:

BILL NOS07972
 
SAME ASNo Same As
 
SPONSORTEDISCO
 
COSPNSR
 
MLTSPNSR
 
Amd §259-i, Exec L
 
Allows victim impact statements to be submitted at parole revocation hearings.
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S07972 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7972
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 15, 2025
                                       ___________
 
        Introduced  by  Sen. TEDISCO -- 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 executive law, in relation to allowing victim impact
          statements to be submitted at parole revocation hearings

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraphs (iii) and (x) of paragraph (f) of subdivision
     2  3 of section 259-i of the executive law, as amended by  chapter  427  of
     3  the laws of 2021, are amended to read as follows:
     4    (iii)  (A)  Both  the alleged violator and an attorney who has filed a
     5  notice of appearance on [his or her] the alleged  violator's  behalf  in
     6  accordance  with the rules of the board of parole shall be given written
     7  notice of the date, place and time of the hearing pursuant  to  subpara-
     8  graph (ix) of paragraph (c) of this subdivision.
     9    (B)  Upon  the  request  of  a victim of a crime for which the alleged
    10  violator is on parole, the department shall inform the victim by  letter
    11  of  the  date, place and time of the hearing. As used in this paragraph,
    12  "victim" has the meaning specified in section  440.50  of  the  criminal
    13  procedure law.
    14    (x)  (A) If the presiding officer is satisfied that there is clear and
    15  convincing evidence that the  alleged  violator  violated  one  or  more
    16  conditions of release in an important respect, [he or she] the presiding
    17  officer  shall  so  find.    For  each sustained technical violation the
    18  presiding officer shall direct that no  earned  time  credits  shall  be
    19  awarded  for  the  thirty  day  period  commencing  from the date of the
    20  sustained violation. For any absconding violation found,  the  presiding
    21  officer  shall  direct  that no earned time credits shall be awarded for
    22  the entire time period  during  which  a  releasee  was  found  to  have
    23  absconded from supervision.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13072-01-5

        S. 7972                             2
 
     1    (B)  If the presiding officer finds that the alleged violator violated
     2  one or more conditions of release in an important respect, the presiding
     3  officer shall inform the victim of a crime for which the alleged  viola-
     4  tor  is on parole of the victim's right to submit a written, audiotaped,
     5  or  videotaped  victim  impact  statement to the presiding officer or to
     6  meet personally with the presiding officer and make such a statement.
     7    § 2. This act shall take effect immediately.
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