S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5479
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2019
                                ___________
 
 Introduced  by M. of A. SCHMITT -- read once and referred to the Commit-
   tee on 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;
   (D)  PERSONS  WHO  HAVE  A CHILD IN COMMON, REGARDLESS OF WHETHER SUCH
 PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08330-01-9

 A. 5479                             2
 
   § 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;
   §  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.