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

                                   748

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. RABBITT, KOLB, FINCH, CALHOUN, RAIA, McDONOUGH,
  McKEVITT -- Multi-Sponsored by -- M. of A.  BURLING,  CROUCH  --  read
  once and referred to the Committee on Codes

AN  ACT  to  amend  the criminal procedure law and the executive law, in
  relation to the rights of a crime victim at parole proceedings

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

  Section  1.  Subdivision 1 of section 440.50 of the criminal procedure
law, as amended by chapter 186 of the laws of 2005, is amended  to  read
as follows:
  1. (A) Upon the request of a victim of a crime, or in any event in all
cases  in which the final disposition includes a conviction of a violent
felony offense as defined in section 70.02 of the penal law or a  felony
defined  in  article  one  hundred twenty-five of such law, the district
attorney shall, within sixty days of the final disposition of the  case,
inform  the  victim  by  letter of such final disposition. If such final
disposition results in the commitment of the defendant to the custody of
the department of correctional services for an  indeterminate  sentence,
the  notice provided to the crime victim shall also inform the victim of
his or her right to [submit a written, audiotaped, or videotaped  victim
impact  statement  to the state division of parole or to meet personally
with a member of the state board of parole at a time and place  separate
from the personal interview between a member or members of the board and
the  inmate and make such a statement, subject to procedures and limita-
tions contained in rules of the board, both] BE PRESENT  AT  PROCEEDINGS
OF THE STATE DIVISION OF PAROLE REGARDING RELEASE OF SUCH DEFENDANT. THE
VICTIMS  SHALL  ALSO  BE  NOTIFIED  OF THEIR RIGHT TO PROVIDE AN ORAL OR
WRITTEN STATEMENT OR BOTH AT PROCEEDINGS OF  THE  BOARD,  INCLUDING  THE
PERSONAL  INTERVIEW  OF  THE INMATE, AND THAT THEY WILL ALSO BE PROVIDED
THE OPPORTUNITY TO PRESENT THEIR VIEWS IN PERSON TO THE SAME  MEMBER  OF

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

                                                           LBD01638-01-1

A. 748                              2

THE  BOARD  WHO  CONDUCTED  THE  INTERVIEW WITH THE INMATE AT A MUTUALLY
CONVENIENT LOCATION PRIOR TO THE DETERMINATION OF THE BOARD pursuant  to
subdivision  two  of  section  two hundred fifty-nine-i of the executive
law.  The right of the victim under this subdivision to submit a written
victim impact statement or to meet personally with a member of the state
board of parole applies to each personal interview between a  member  or
members of the board and the inmate.
  (B) NOTIFICATION OF VICTIMS BY THE DISTRICT ATTORNEY PURSUANT TO PARA-
GRAPH  (A)  OF  THIS  SUBDIVISION  SHALL  BE  REQUIRED FOR THE FOLLOWING
OFFENSES:  ANY VIOLENT FELONY OFFENSE DEFINED IN SECTION  70.02  OF  THE
PENAL  LAW,  AN  ATTEMPT  TO  COMMIT ANY SEX OFFENSE AND ANY SEX OFFENSE
DEFINED IN ARTICLE ONE HUNDRED THIRTY OR TWO HUNDRED SIXTY-THREE OF  THE
PENAL  LAW, AN ATTEMPT TO COMMIT INCEST AND INCEST AS DEFINED IN SECTION
255.25 OF THE PENAL LAW, MURDER IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION  125.25  OF  THE  PENAL  LAW, AN ATTEMPT TO COMMIT MURDER IN THE
FIRST DEGREE AND MURDER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.27
OF THE PENAL LAW, AN ATTEMPT TO COMMIT MANSLAUGHTER IN THE SECOND DEGREE
AND MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN  SECTION  125.15  OF
THE  PENAL LAW, VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN
SECTION 125.13 OF THE PENAL LAW, VEHICULAR MANSLAUGHTER  IN  THE  SECOND
DEGREE  AS DEFINED IN SECTION 125.12 OF THE PENAL LAW, CRIMINALLY NEGLI-
GENT HOMICIDE AS DEFINED IN SECTION 125.10 OF THE PENAL LAW,  KIDNAPPING
IN  THE  FIRST  DEGREE  AS  DEFINED  IN SECTION 135.25 OF THE PENAL LAW,
MENACING IN THE FIRST DEGREE AS DEFINED IN SECTION 120.13 OF  THE  PENAL
LAW,  AND  ARSON IN THE FIRST DEGREE AS DEFINED IN SECTION 150.20 OF THE
PENAL LAW.
  S 2. Subparagraph (i) of paragraph (a) of  subdivision  2  of  section
259-i  of the executive law, as separately amended by section 11 of part
E and section 9 of part F of chapter 62 of the laws of 2003, is  amended
to read as follows:
  (i)  Except  as  provided  in  subparagraph (ii) of this paragraph, at
least one month prior to the date on which  an  inmate  may  be  paroled
pursuant  to subdivision one of section 70.40 of the penal law, a member
or members as determined by the rules  of  the  board  shall  personally
interview  such  inmate  and  determine  whether he should be paroled in
accordance with the guidelines adopted pursuant to subdivision  four  of
section two hundred fifty-nine-c of this article.  IF PAROLE IS GRANTED,
A  STATEMENT OF THE REASONS FOR GRANTING PAROLE SHALL BE STATED IN WRIT-
ING AND TRANSCRIPTS OF  ALL  INTERVIEWS  SHALL  BE  PROVIDED,  WITHIN  A
REASONABLE  TIME  AFTER SUCH DECISION, TO A VICTIM OR VICTIM'S REPRESEN-
TATIVE WHO HAS FILED A STATEMENT  PURSUANT  TO  PARAGRAPH  (C)  OF  THIS
SUBDIVISION. If parole is not granted upon such review, the inmate shall
be  informed  in  writing  within  two  weeks  of such appearance of the
factors and reasons for such denial of parole.  Such  reasons  shall  be
given  in  detail and not in conclusory terms. The board shall specify a
date not more than twenty-four months from such determination for recon-
sideration, and the procedures to be followed upon reconsideration shall
be the same. If the inmate is released, he shall be given a copy of  the
conditions of parole. Such conditions shall where appropriate, include a
requirement that the parolee comply with any restitution order, mandato-
ry  surcharge, sex offender registration fee and DNA databank fee previ-
ously imposed by a court of competent jurisdiction that applies  to  the
parolee. The board of parole shall indicate which restitution collection
agency  established  under  subdivision  eight  of section 420.10 of the
criminal procedure law, shall be responsible for collection of  restitu-
tion,  mandatory surcharge, sex offender registration fees and DNA data-

A. 748                              3

bank fees as provided for in section 60.35 of the penal law and  section
eighteen hundred nine of the vehicle and traffic law.
  S  3. Paragraph (a) of subdivision 2 of section 259-i of the executive
law, as amended by chapter 396 of the laws of 1987, is amended  to  read
as follows:
  (a)  At  least one month prior to the expiration of the minimum period
or periods of imprisonment fixed by the court  or  board,  a  member  or
members  as determined by the rules of the board shall personally inter-
view an inmate serving an indeterminate sentence and  determine  whether
he  should be paroled at the expiration of the minimum period or periods
in accordance with the guidelines adopted pursuant to  subdivision  four
of  section  two hundred fifty-nine-c OF THIS ARTICLE.  If parole is not
granted upon such review, the inmate shall be informed in writing within
two weeks of such appearance of the factors and reasons for such  denial
of  parole.  Such reasons shall be given in detail and not in conclusory
terms. The board shall specify a date not more than  twenty-four  months
from  such  determination  for reconsideration, and the procedures to be
followed upon reconsideration shall  be  the  same.  If  the  inmate  is
released,  he  shall  be  given a copy of the conditions of parole. Such
conditions shall where appropriate, include a requirement that the paro-
lee comply with any restitution order and mandatory surcharge previously
imposed by a court of competent jurisdiction that applies to  the  paro-
lee.  The  board  of  parole shall indicate which restitution collection
agency established under subdivision eight  of  section  420.10  of  the
criminal  procedure law, shall be responsible for collection of restitu-
tion and mandatory surcharge as provided for in  section  60.35  of  the
penal  law  and section eighteen hundred nine of the vehicle and traffic
law.  IF PAROLE IS GRANTED, A STATEMENT  OF  THE  REASONS  FOR  GRANTING
PAROLE  SHALL  BE  STATED  IN  WRITING AND TRANSCRIPTS OF ALL INTERVIEWS
SHALL BE PROVIDED, WITHIN A REASONABLE TIME AFTER SUCH  DECISION,  TO  A
VICTIM  OR VICTIM'S REPRESENTATIVE WHO HAS FILED A STATEMENT PURSUANT TO
PARAGRAPH (C) OF THIS SUBDIVISION.
  S 4.  This act shall take effect April  1,  2011;  provided  that  the
amendments  to  paragraph  (a)  of subdivision 2 of section 259-i of the
executive law made by section two of this act shall be  subject  to  the
expiration  and  reversion  of  such paragraph pursuant to section 74 of
chapter 3 of the laws of 1995, as  amended,  when  upon  such  date  the
provisions of section three of this act shall take effect.