Senate Bill S7597

2021-2022 Legislative Session

Relates to a victim's right to appeal to the state parole board

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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-S7597 (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Executive Law
Laws Affected:
Amd §259-I, Exec L
Versions Introduced in 2023-2024 Legislative Session:
S5316

2021-S7597 (ACTIVE) - Summary

Provides that where the board has made a determination granting discretionary release to an incarcerated individual pursuant to this section, the crime victim or the victim's representative, where the crime victim is deceased or is mentally or physically incapacitated, has the right to file an appeal of such determination.

2021-S7597 (ACTIVE) - Sponsor Memo

2021-S7597 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7597
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             December 15, 2021
                                ___________
 
 Introduced  by  Sen.  RATH  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to appeals to  the  state
   board of parole
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 4 of section 259-I of  the  executive  law,  as
 added  by  chapter  904 of the laws of 1977, paragraph (a) as amended by
 section 11 of part E of chapter 62 of the laws of 2003, paragraph (b) as
 amended by chapter 322 of the laws of 2021, and paragraph (c) as amended
 by chapter 44 of the laws of 2018, is amended to read as follows:
   4. Appeals. (a) Except for determinations made upon preliminary  hear-
 ings  upon  allegations  of  violation  of  presumptive release, parole,
 conditional release or post-release supervision, all determinations made
 pursuant to this section  may  be  appealed  in  accordance  with  rules
 promulgated by the board. Any board member who participated in the deci-
 sion  from  which  the appeal is taken may not participate in the resol-
 ution of that appeal. The rules of the board may specify a  time  within
 which any appeal shall be taken and resolved.
   (b)  Upon  an  appeal to the board, the incarcerated individual may be
 represented by an attorney. Where the incarcerated individual is  finan-
 cially  unable  to  provide for his or her own attorney, upon request an
 attorney shall be assigned pursuant to the  provisions  of  subparagraph
 (v) of paragraph (f) of subdivision three of this section.
   (c)  WHERE  THE  BOARD HAS MADE A DETERMINATION GRANTING DISCRETIONARY
 RELEASE TO AN INCARCERATED INDIVIDUAL  PURSUANT  TO  THIS  SECTION,  THE
 CRIME  VICTIM  OR THE VICTIM'S REPRESENTATIVE, WHERE THE CRIME VICTIM IS
 DECEASED OR IS MENTALLY OR PHYSICALLY INCAPACITATED, HAS  THE  RIGHT  TO
 FILE AN APPEAL OF SUCH DETERMINATION IN ACCORDANCE WITH RULES PROMULGAT-
 ED BY THE BOARD.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13725-01-1
 S. 7597                             2

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