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.
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.