S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1310

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 correction law, in relation to enacting the victim's
  information and security act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as  the  "victim's
information and security act".
  S 2. Legislative intent and findings. The legislature hereby finds and
determines  that  a need exists to establish a better system of communi-
cation between the victim of crime, or family member if  the  victim  is
deceased, and the department of correctional services housing the person
responsible for such victimization. An office of victim/witness services
shall  be  created  with  a  comprehensive  mission of victim protection
through the development of victim assistance programs within the depart-
ment of correctional services.
  Such a program will provide the victim with a  resource  or  clearing-
house  to  turn  to  in  order  to  have  the most fundamental questions
answered with respect to  the  inmate  including  where  the  inmate  is
confined,  when  the  inmate will be released, what the inmate's conduct
has been while in prison, when parole hearings  will  be  held,  if  the
inmate  has  escaped  or  if the inmate has died while in custody of the
department of correctional services.
  The legislature further finds that crime victims are  often  subjected
to  additional  victimization  by  increasing anxiety and even fear when
what may seem simple but extremely important questions  are  left  unan-
swered.   The purpose of the victim's information and security act is to
establish within the department of correctional services  an  office  of
victim/witness  services  where crime victims, witnesses, family members
and other individuals  designated  by  law,  can  turn  for  answers  in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07317-01-9
              

S. 1310                             2

connection with the incarceration of their assailant. The victim/witness
services   office  shall  promote  and  coordinate  victim's  assistance
programs throughout the state as a tool to protect victims  and  provide
emotional and psychological stability.
  S 3. The correction law is amended by adding a new article 6-B to read
as follows:
                               ARTICLE 6-B
                  VICTIM'S INFORMATION AND SECURITY ACT
SECTION 162. OFFICE OF VICTIM/WITNESS SERVICES; ESTABLISHED.
        162-A. POWERS AND DUTIES.
  S  162.  OFFICE  OF  VICTIM/WITNESS SERVICES; ESTABLISHED. 1. THERE IS
HEREBY  CREATED  WITHIN  THE  DEPARTMENT  AN  OFFICE  OF  VICTIM/WITNESS
SERVICES.
  2.  THE  HEAD  OF  SUCH  OFFICE SHALL BE THE DIRECTOR OF THE COMMUNITY
OUTREACH PROGRAM.
  3. IN CARRYING OUT ITS POWERS  AND  DUTIES  UNDER  THIS  ARTICLE,  THE
OFFICE OF VICTIM/WITNESS SERVICES IS ORGANIZED AND OPERATED TO HAVE AS A
PRIMARY  PURPOSE  AIDING  VICTIMS,  THEIR  FAMILY MEMBERS, WITNESSES AND
OTHERS DESIGNATED BY LAW IN ACCESSING INFORMATION PERTINENT TO THE PROB-
ABLE RELEASE OR MOVEMENT OF THEIR ASSAILANT.
  S 162-A. POWERS AND DUTIES. THE OFFICE SHALL HAVE THE FOLLOWING POWERS
AND DUTIES:
  1. TO IMPLEMENT PROGRAMS RELATING TO  VICTIM/WITNESS  NOTIFICATION  OF
INMATE INFORMATION.
  2.  TO ESTABLISH A CLEARINGHOUSE AND DEVELOP A SYSTEM OF COMMUNICATION
BETWEEN THE VICTIM OF A  CRIME,  THEIR  FAMILY  MEMBERS,  WITNESSES  AND
OTHERS AS DESIGNATED BY LAW AND THE DEPARTMENT.
  3.  TO  INSTITUTE  VICTIM ASSISTANCE PROGRAMS AND SERVICES WITHIN EACH
DEPARTMENT FACILITY.
  4. TO ESTABLISH VICTIM AWARENESS PROGRAMS FOCUSING UPON THE EFFECT AND
IMPACT OF THE CRIME UPON THE VICTIM, THEIR FAMILY MEMBERS, WITNESSES AND
OTHERS DESIGNATED BY LAW.
  S 4. This act shall take effect on the first of April next  succeeding
the date on which it shall have become a law.