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

                                   449

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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,  in relation to notification of
  certain persons upon the conditional release of an inmate convicted of
  a crime against a member of the same family or household

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

  Section  1.    Subdivision 2 of section 259-c of the executive law, as
amended by section 38-b of subpart A of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
  2. have the power and duty of determining the conditions of release of
the person who may be presumptively released, conditionally released  or
subject  to  a period of post-release supervision under an indeterminate
or determinate sentence of imprisonment. WHERE AN INMATE  TO  BE  CONDI-
TIONALLY  RELEASED  WAS  CONVICTED OF A CRIME AND THE VICTIM IS OR WAS A
MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE INMATE  IT  SHALL  BE  THE
DUTY  OF  THE BOARD AT LEAST ONE WEEK PRIOR TO THE RELEASE TO NOTIFY THE
VICTIM OR VICTIMS OF SUCH OFFENSE, UNLESS THE VICTIM REFUSES OR  HIS  OR
HER  WHEREABOUTS  ARE  UNKNOWN, THAT THE INMATE IS BEING RELEASED AND OF
THE CONDITIONS OF SUCH RELEASE. SUCH NOTIFICATION SHALL BE SENT BY ELEC-
TRONIC MAIL WHEN THE ELECTRONIC MAIL ADDRESS OF THE VICTIM OR VICTIMS IS
AVAILABLE, AND WHEN IT IS NOT, BY  CERTIFIED  MAIL  TO  THE  LAST  KNOWN
ADDRESS  OF  THE  VICTIM  OR VICTIMS. WHEN SUCH ADDRESS IS A SHELTER FOR
VICTIMS OF DOMESTIC ABUSE NOTICE SHALL ALSO BE GIVEN TO THE DIRECTOR  OR
ADMINISTRATOR  OF  SUCH  SHELTER.  FOR  PURPOSES  OF  THIS  SUBDIVISION,
"MEMBERS OF THE SAME FAMILY OR HOUSEHOLD" SHALL MEAN THE FOLLOWING:
  (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER;

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

                                                           LBD02380-01-5

S. 449                              2

  (D) PERSONS WHO HAVE A CHILD IN COMMON,  REGARDLESS  OF  WHETHER  SUCH
PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
  S  2. Subdivision 2 of section 259-c of the executive law, as added by
chapter 904 of the laws of 1977 and amended by chapter 1 of the laws  of
1998, is amended to read as follows:
  2. have the power and duty of determining the conditions of release of
the  person  who may be conditionally released or subject to a period of
post-release supervision under an indeterminate or reformatory  sentence
of  imprisonment  and  of  determining  which inmates serving a definite
sentence of imprisonment may be  conditionally  released  and  when  and
under  what conditions. WHERE AN INMATE TO BE CONDITIONALLY RELEASED WAS
CONVICTED OF A CRIME AND THE VICTIM IS OR WAS A MEMBER OF THE SAME FAMI-
LY OR HOUSEHOLD AS THE INMATE IT SHALL BE THE DUTY OF THE BOARD AT LEAST
ONE WEEK PRIOR TO THE RELEASE TO NOTIFY THE VICTIM OR  VICTIMS  OF  SUCH
OFFENSE,  UNLESS  THE  VICTIM  REFUSES  OR  HIS  OR  HER WHEREABOUTS ARE
UNKNOWN, THAT THE INMATE IS BEING RELEASED AND OF THE CONDITIONS OF SUCH
RELEASE. SUCH NOTIFICATION SHALL BE SENT BY  ELECTRONIC  MAIL  WHEN  THE
ELECTRONIC  MAIL ADDRESS OF THE VICTIM OR VICTIMS IS AVAILABLE, AND WHEN
IT IS NOT, BY CERTIFIED MAIL TO THE LAST KNOWN ADDRESS OF THE VICTIM  OR
VICTIMS.  WHEN  SUCH  ADDRESS IS A SHELTER FOR VICTIMS OF DOMESTIC ABUSE
NOTICE SHALL ALSO BE GIVEN TO THE  DIRECTOR  OR  ADMINISTRATOR  OF  SUCH
SHELTER.  FOR  PURPOSES OF THIS SUBDIVISION, "MEMBERS OF THE SAME FAMILY
OR HOUSEHOLD" SHALL MEAN THE FOLLOWING:
  (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER;
  (D) PERSONS WHO HAVE A CHILD IN COMMON,  REGARDLESS  OF  WHETHER  SUCH
PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided that the  amendments  to  subdivision  2  of
section  259-c  of  the  executive law, made by section one of this act,
shall not affect the expiration and reversion of  such  subdivision  and
shall  expire  therewith,  when upon such date the provisions of section
two of this act shall take effect; and shall apply to all inmates condi-
tionally released on or after the effective date of this act.