Requires the state board of parole to provide notification to victims upon the conditional release of an inmate convicted of a crime against a member of the same family or household.
STATE OF NEW YORK
________________________________________________________________________
1966--A
2011-2012 Regular Sessions
IN SENATE
January 14, 2011
___________
Introduced by Sens. MARCELLINO, GOLDEN, JOHNSON, LARKIN, MAZIARZ -- read
twice and ordered printed, and when printed to be committed to the
Committee on Crime Victims, Crime and Correction -- reported favorably
from said committee and committed to the Committee on Finance --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the executive law, in relation to notification of
certain persons upon the conditional release of an inmate 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 inmate to be condi-
8 tionally released was convicted of a crime and the victim is or was a
9 member of the same family or household as the inmate it shall be the
10 duty of the board at least one week prior to the release to notify the
11 victim or victims of such offense, unless the victim refuses or his or
12 her whereabouts are unknown, that the inmate is being released and of
13 the conditions of such release. Such notification shall be sent by elec-
14 tronic mail when the electronic mail address of the victim or victims is
15 available, and when it is not, by certified mail to the last known
16 address of the victim or victims. When such address is a shelter for
17 victims of domestic abuse notice shall also be given to the director or
18 administrator of such shelter. For purposes of this subdivision,
19 "members of the same family or household" shall mean the following:
20 (a) persons related by consanguinity or affinity;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04407-02-1
S. 1966--A 2
1 (b) persons legally married to one another;
2 (c) persons formerly married to one another;
3 (d) persons who have a child in common, regardless of whether such
4 persons have been married or have lived together at any time;
5 § 2. Subdivision 2 of section 259-c of the executive law, as separate-
6 ly amended by chapter 904 of the laws of 1977 and chapter 1 of the laws
7 of 1998, is amended to read as follows:
8 2. have the power and duty of determining the conditions of release of
9 the person who may be conditionally released or subject to a period of
10 post-release supervision under an indeterminate or reformatory sentence
11 of imprisonment and of determining which inmates serving a definite
12 sentence of imprisonment may be conditionally released and when and
13 under what conditions. Where an inmate to be conditionally released was
14 convicted of a crime and the victim is or was a member of the same fami-
15 ly or household as the inmate it shall be the duty of the board at least
16 one week prior to the release to notify the victim or victims of such
17 offense, unless the victim refuses or his or her whereabouts are
18 unknown, that the inmate is being released and of the conditions of such
19 release. Such notification shall be sent by electronic mail when the
20 electronic mail address of the victim or victims is available, and when
21 it is not, by certified mail to the last known address of the victim or
22 victims. When such address is a shelter for victims of domestic abuse
23 notice shall also be given to the director or administrator of such
24 shelter. For purposes of this subdivision, "members of the same family
25 or household" shall mean the following:
26 (a) persons related by consanguinity or affinity;
27 (b) persons legally married to one another;
28 (c) persons formerly married to one another;
29 (d) persons who have a child in common, regardless of whether such
30 persons have been married or have lived together at any time;
31 § 3. This act shall take effect on the sixtieth day after it shall
32 have become a law; provided that the amendments to subdivision 2 of
33 section 259-c of the executive law, made by section one of this act,
34 shall not affect the expiration and reversion of such subdivision and
35 shall expire therewith, when upon such date the provisions of section
36 two of this act shall take effect; and shall apply to all inmates condi-
37 tionally released on or after the effective date of this act.
