S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6717
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 5, 2023
                                ___________
 
 Introduced by M. of A. EACHUS -- read once and referred to the Committee
   on Correction
 
 AN  ACT  to  amend  the  executive  law,  in relation to notification of
   certain persons upon the conditional release of an incarcerated  indi-
   vidual  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 INCARCERATED  INDIVID-
 UAL TO BE CONDITIONALLY RELEASED WAS CONVICTED OF A CRIME AND THE VICTIM
 IS  OR  WAS A MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE INCARCERATED
 INDIVIDUAL 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 INCARCER-
 ATED INDIVIDUAL 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 HOUSE-
 HOLD" 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.
                                                            LBD09666-01-3
              

 A. 6717                             2
 
   (D) PERSONS WHO HAVE A CHILD IN COMMON,  REGARDLESS  OF  WHETHER  SUCH
 PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
   §  2.  Subdivision 2 of section 259-c of the executive law, as amended
 by chapter 322 of the laws of 2021, 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 incarcerated individuals  serv-
 ing  a  definite  sentence of imprisonment may be conditionally released
 and when and under what conditions. WHERE AN INCARCERATED INDIVIDUAL  TO
 BE  CONDITIONALLY RELEASED WAS CONVICTED OF A CRIME AND THE VICTIM IS OR
 WAS A MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE  INCARCERATED  INDI-
 VIDUAL  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 INCARCER-
 ATED INDIVIDUAL 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  HOUSE-
 HOLD" 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 incarcerated
 individuals conditionally released on or after  the  effective  date  of
 this act.