S T A T E   O F   N E W   Y O R K
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                                  3380

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2013
                               ___________

Introduced  by  M. of A. RABBITT, KOLB, FINCH, RAIA, McDONOUGH, McKEVITT
  -- Multi-Sponsored by -- M. of A. 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 section 80 of subpart B of part C of  chapter  62  of
the laws of 2011, 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 corrections and community supervision for an  indeter-
minate  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 department of corrections
and community supervision 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 limitations contained
in rules of the board, both] BE PRESENT  AT  PROCEEDINGS  OF  THE  STATE
DIVISION OF PAROLE REGARDING RELEASE OF SUCH DEFENDANT. THE VICTIM 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 PRES-
ENT THEIR VIEWS IN PERSON TO THE SAME MEMBER OF THE BOARD WHO  CONDUCTED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05366-01-3
              

A. 3380                             2

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 IN THE THIRD DEGREE 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 NEGLIGENT 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 amended by section 38-f-1 of subpart A of
part C of chapter 62 of the laws of 2011, 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  conditions  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. 3380                             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 section 38-f-2 of subpart A of part C of  chapter  62
of the laws of 2011, 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 procedures adopted pursuant to  subdivision  four
of  section two hundred fifty-nine-c. 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 determi-
nation 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  parolee  comply  with  any
restitution  order and mandatory surcharge previously imposed by a court
of competent jurisdiction that applies to the  parolee.  The  conditions
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 restitution 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,  2013;  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 subdivision d of
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.