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

                                  3676

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 11, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- 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 executive law and the criminal procedure law, in
  relation to enabling  victims  to  view  parole  hearings  via  closed
  circuit television or a secure online website

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

  Section 1. Section 259-c of the executive law is amended by  adding  a
new subdivision 18 to read as follows:
  18. PERMIT VICTIMS AND RELATIVES OF VICTIMS TO VIEW AN INMATE'S PAROLE
HEARING RELATING TO THEIR CASE VIA CLOSED CIRCUIT TELEVISION OR A SECURE
ONLINE WEBSITE.
  S  2.  Subdivision  3 of section 641 of the executive law, as added by
chapter 94 of the laws of 1984 and paragraph (d) as amended  by  chapter
618 of the laws of 1992, is amended to read as follows:
  3.  Ensure  notification  of  victims,  witnesses,  relatives of those
victims and witnesses who are minors, and relatives of homicide victims,
if such persons provide the appropriate official with a current  address
and  telephone number, either by phone or by mail, if possible, of judi-
cial proceedings relating to their case, including:
  (a) the arrest of an accused;
  (b) the initial appearance of an accused before a judicial officer;
  (c) the release of an accused pending judicial proceedings; [and]
  (d) proceedings in the prosecution of the accused including entry of a
plea of guilty, trial, sentencing,  but  prior  to  sentencing  specific
information  shall  be  provided regarding the right to seek restitution
and reparation, and where a term of imprisonment  is  imposed,  specific
information  shall  be  provided  regarding maximum and minimum terms of
such imprisonment; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07953-01-3

              

S. 3676                             2

  (E) THE DATE AND TIME OF ANY PAROLE HEARING AS WELL AS THE LOCATION AT
WHICH THE VICTIM AND RELATIVES OF THE VICTIM MAY  VIEW  THE  HEARING  ON
CLOSED  CIRCUIT  TELEVISION  OR  THE  SECURE ONLINE WEBSITE ON WHICH THE
HEARING MAY BE VIEWED.
  S 3. 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. 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 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.  THE NOTICE TO THE VICTIM SHALL ALSO INFORM THE VICTIM OF HIS OR
HER RIGHT TO VIEW THE DEFENDANT'S PAROLE HEARING ON CLOSED CIRCUIT TELE-
VISION OR OVER A SECURE ONLINE WEBSITE AND SHALL INFORM  THE  VICTIM  OF
THE INTENDED DATE AND TIME OF THE PAROLE HEARING AS WELL AS THE LOCATION
OR WEBSITE ADDRESS AT WHICH THE VICTIM MAY VIEW THE HEARING.
  S 4. This act shall take effect immediately.