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

                                  5811

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 1, 2011
                               ___________

Introduced  by M. of A. DESTITO -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT to amend the executive law, the criminal procedure  law  and  the
  family  court  act, in relation to reporting requirements of the crime
  victims board and to repeal subdivision 5 of  section  390.30  of  the
  criminal procedure law relating thereto

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

  Section 1.  Subdivision 20 of section 623 of  the  executive  law,  as
amended  by  section  8  of  part A-1 of chapter 56 of the laws of 2010,
paragraph (a) as separately amended by sections 37 and 71 of part A  and
section  8  of part A-1 of chapter 56 of the laws of 2010, is amended to
read as follows:
  20. To render each year to the governor and to the legislature, on  or
before  December  first  of  each year, a written report on the office's
activities including, but not limited to, specific information  on  each
of  the  subdivisions  of  this  section[,  and  the manner in which the
rights, needs and interests of crime victims are being addressed by  the
state's criminal justice system. Such report shall also include, but not
be limited to:
  (a) Information transmitted by the office of probation and correction-
al alternatives under subdivision five of section 390.30 of the criminal
procedure law and subdivision seven of section 351.1 of the family court
act  which  the office shall compile, review and make recommendations on
how to promote the use of restitution and encourage its enforcement.
  (b) Information relating to the implementation of and compliance  with
article  twenty-three  of  this chapter by the criminal justice agencies
and the "crime victim-related agencies" of the state]. Such report shall
also include but not be limited to information  regarding  crime  victim
service programs, including:
  (1) the programs funded by the office;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09703-02-1
              

A. 5811                             2

  (2) other sources of funding for crime victims service programs;
  (3)  an  assessment  of the adequacy of the current level of appropri-
ation to the office to  meet  the  reasonable  needs  of  crime  victims
service  programs  for funding under section six hundred thirty-one-a of
this article; and
  (4) an estimate of the reasonable needs of programs in the next fiscal
year.
  S 2. Subdivisions 21 and 22 of section 623 of the  executive  law  are
renumbered  subdivisions  22 and 23 and a new subdivision 21 is added to
read as follows:
  21. TO RENDER BIENNIALLY TO THE GOVERNOR AND THE LEGISLATURE A WRITTEN
REPORT ON THE MANNER IN WHICH THE RIGHTS, NEEDS AND INTERESTS  OF  CRIME
VICTIMS  ARE  BEING  ADDRESSED BY THE STATE'S CRIMINAL JUSTICE SYSTEM TO
INCLUDE, BUT NOT BE LIMITED TO:
  (A) INFORMATION TRANSMITTED BY  THE  STATE  OFFICE  OF  PROBATION  AND
CORRECTIONAL  ALTERNATIVES  UNDER  SUBDIVISION FIVE OF SECTION 390.30 OF
THE CRIMINAL PROCEDURE LAW AND SUBDIVISION SEVEN OF SECTION 351.1 OF THE
FAMILY COURT ACT WHICH THE BOARD SHALL COMPILE, REVIEW AND  MAKE  RECOM-
MENDATIONS  ON  HOW  TO PROMOTE THE USE OF RESTITUTION AND ENCOURAGE ITS
ENFORCEMENT.
  (B) INFORMATION RELATING TO THE IMPLEMENTATION OF AND COMPLIANCE  WITH
ARTICLE  TWENTY-THREE  OF  THIS CHAPTER BY THE CRIMINAL JUSTICE AGENCIES
AND THE "CRIME VICTIM-RELATED AGENCIES" OF THE STATE.
  S 3. Subdivision 5 of section 390.30 of the criminal procedure law, as
amended by section 50 of part A of chapter 56 of the laws  of  2010,  is
REPEALED.
  S 4. Subdivision 5 of section 390.30 of the criminal procedure law, as
amended  by section 29 of part A-1 of chapter 56 of the laws of 2010, is
amended to read as follows:
  5. Information to be forwarded  to  the  state  [division]  OFFICE  of
probation  and  correctional  alternatives. Investigating agencies under
this article shall be responsible for the collection,  and  transmission
to  the  state  [division] OFFICE of probation and correctional alterna-
tives, of data on the number of victim impact statements prepared.  Such
information  shall  be  transmitted  annually  to  the  office of victim
services and included in the office's [annual] BIENNIAL report  pursuant
to  subdivision  [twenty] TWENTY-ONE of section six hundred twenty-three
of the executive law.
  S 5. Subdivision 7 of section 351.1 of the family court act, as  sepa-
rately amended by section 54 of part A and sections 3 and 30 of part A-1
of chapter 56 of the laws of 2010, is amended to read as follows:
  7.  The  probation  services  which  prepare the investigation reports
shall be responsible for the collection and transmission to  the  office
of  probation  and  correctional  alternatives, of data on the number of
victim impact statements prepared. Such information shall be transmitted
annually to the office of victim services and included in  the  office's
[annual]  BIENNIAL report pursuant to subdivision [twenty] TWENTY-ONE of
section six hundred twenty-three of the executive law.
  S 6.  This act shall take effect immediately.