Assembly Bill A8812

2021-2022 Legislative Session

Relates to providing notice to the crime victim or victim's representative that a parolee or releasee is being discharged or released

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A8812 (ACTIVE) - Details

See Senate Version of this Bill:
S7412
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §259-j, Exec L; amd §410.90, CP L
Versions Introduced in 2023-2024 Legislative Session:
A5703, S7788

2021-A8812 (ACTIVE) - Summary

Requires the parole board to provide notice to the crime victim or victim's representative that a parolee or releasee is being discharged or released.

2021-A8812 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8812
 
                           I N  A S S E M B L Y
 
                             January 12, 2022
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to  amend  the executive law and the criminal procedure law, in
   relation to providing notice to the crime victim or victim's represen-
   tative that a parolee or releasee is being discharged or released
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 259-j of the executive law, as amended by section
 38-g of subpart A of part C of chapter  62  of  the  laws  of  2011,  is
 amended to read as follows:
   § 259-j. Discharge of sentence. 1. Except where a determinate sentence
 was  imposed  for  a  felony  other than a felony defined in article two
 hundred twenty or article two hundred twenty-one of the  penal  law,  if
 the  board  of  parole  is  satisfied  that  an  absolute discharge from
 presumptive release, parole, conditional release or release to a  period
 of  post-release  supervision  is  in the best interests of society, the
 board may grant such a discharge prior to the  expiration  of  the  full
 term  or  maximum term to any person who has been on unrevoked community
 supervision for at least three consecutive years.  A  discharge  granted
 under  this  section shall constitute a termination of the sentence with
 respect to which it was granted. No  such  discharge  shall  be  granted
 unless:  (A) the board is satisfied that the parolee or releasee, other-
 wise financially able to comply with an order  of  restitution  and  the
 payment of any mandatory surcharge, sex offender registration fee or DNA
 databank  fee  previously  imposed by a court of competent jurisdiction,
 has made a good faith effort to comply therewith; (B) THE  CRIME  VICTIM
 OR  VICTIM'S REPRESENTATIVE IS PROVIDED NOTICE THAT THE DISCHARGED PARO-
 LEE OR RELEASEE IS HAVING HIS OR HER SENTENCE DISCHARGED;  AND  (C)  THE
 BOARD  CONSIDERS  ANY CURRENT OR FORMER STATEMENTS MADE TO IT BY A CRIME
 VICTIM OR VICTIM'S REPRESENTATIVE PURSUANT TO PARAGRAPH (C) OF  SUBDIVI-
 SION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTICLE.
   2.  The  chairman  of  the  board of parole shall promulgate rules and
 regulations governing: (A) the issuance  of  discharges  from  community
 supervision  pursuant to this section to assure that such discharges are
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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