S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5703
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 2023
                                ___________
 
 Introduced  by  M. of A. THIELE, SAYEGH -- 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. Subdivisions 1, 2 and 3 of 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, are amended to read as follows:
   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 termi-
 nation 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, otherwise 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  PAROLEE  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 SUBDIVISION  TWO  OF  SECTION  TWO  HUNDRED
 FIFTY-NINE-I OF THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10127-01-3
              

 A. 5703                             2
 
   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
 consistent with public safety; AND (B) THE NOTICE PROVIDED TO THE  CRIME
 VICTIM  OR VICTIM'S REPRESENTATIVE THAT THE PAROLEE OR RELEASEE IS BEING
 DISCHARGED FROM COMMUNITY SUPERVISION.
   3. Notwithstanding any other provision of this section to the  contra-
 ry, where a term of post-release supervision in excess of five years has
 been  imposed  on  a  person convicted of a crime defined in article one
 hundred thirty of the penal law, including a sexually motivated  felony,
 the  board of parole may grant a discharge from post-release supervision
 prior to the expiration of the maximum term of post-release supervision.
 Such a discharge may be granted only after  the  person  has  served  at
 least  five  years of post-release supervision, and only to a person who
 has been on  unrevoked  post-release  supervision  for  at  least  three
 consecutive  years.  No such discharge shall be granted unless the board
 of parole or the department acting pursuant to its responsibility  under
 subdivision  one  of  section  two  hundred  one  of  the correction law
 consults with any  licensed  psychologist,  qualified  psychiatrist,  or
 other  mental  health professional who is providing care or treatment to
 the supervisee; and the board: (a)  determines  that  a  discharge  from
 post-release  supervision is in the best interests of society; [and] (b)
 is satisfied that the supervisee, otherwise financially able  to  comply
 with an order of restitution and the payment of any mandatory surcharge,
 sex offender registration fee, or DNA [data bank] DATABANK fee previous-
 ly  imposed  by a court of competent jurisdiction, has made a good faith
 effort to comply therewith; (C) NOTIFIES THE CRIME  VICTIM  OR  VICTIM'S
 REPRESENTATIVE  THAT  THE INDIVIDUAL IS BEING RELEASED FROM POST-RELEASE
 SUPERVISION; AND (D) CONSIDERS ANY CURRENT OR PRIOR STATEMENTS  MADE  TO
 IT  BY  A CRIME VICTIM OR VICTIM'S REPRESENTATIVES PURSUANT TO PARAGRAPH
 (C) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THIS ARTI-
 CLE. Before making a determination to discharge a person from  a  period
 of  post-release  supervision,  the board of parole may request that the
 commissioner of the office of mental health arrange a psychiatric evalu-
 ation of the supervisee. A discharge granted under  this  section  shall
 constitute  a  termination  of the sentence with respect to which it was
 granted.
   § 2. Section 410.90 of the criminal procedure law is amended by adding
 a new subdivision 4 to read as follows:
   4. IN NO EVENT MAY A COURT TERMINATE A PERIOD OF PROBATION OR A  LIFE-
 TIME PROBATION PURSUANT TO THIS SECTION UNLESS:
   (A)  NOTICE  IS PROVIDED TO THE CRIME VICTIM OR THE VICTIM'S REPRESEN-
 TATIVE THAT THE DEFENDANT'S PROBATION IS BEING TERMINATED; AND
   (B) THE COURT CONSIDERS ANY CURRENT OR FORMER STATEMENTS MADE  BY  THE
 CRIME  VICTIM  OR  VICTIM'S  REPRESENTATIVE PURSUANT TO PARAGRAPH (C) OF
 SUBDIVISION TWO OF SECTION TWO HUNDRED  FIFTY-NINE-I  OF  THE  EXECUTIVE
 LAW.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.