NY State Senate Bill 2025-S4636

Senate Bill S4636

2025-2026 Legislative Session

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

download bill text pdf

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 10, 2025	referred to crime victims, crime and correction

2025-S4636 (ACTIVE) - Details

See Assembly Version of this Bill:: A5684
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §259-j, Exec L; amd §410.90, CP L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S7412, A8812
2023-2024: S7788, A5703

2025-S4636 (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.

2025-S4636 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4636

SPONSOR: WEIK
 
TITLE OF BILL:

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

 
PURPOSE:

To provide that when a parolee or release is being discharged or
released from parole or community supervision that the crime victim or
their representative be provided notice and that any determination of
the same consider any prior victims impact statements.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 259-j of the executive law to provide the board
of parole when making a determination of a discharge to presumptive
release, parole, conditional release or post-release supervision it
provides notice of the same to the crime victim or their representative

and it considers any previous victim impact statements.

Section 2 amends section 410.90 of the criminal procedure law to provide
that a court when considering a petition to terminate a period of
probation or lifetime probation it must consider prior victims impact
statements and that notice has been made to the crime victim or their
representative.

 
JUSTIFICATION:

Currently, the parole board must consider victim impact statements from
the crime victim or the victim's representative only when an inmate is
first being considered for parole. If the individual is granted parole
and otherwise put on supervision, probation or some other post-convic-
tion release, the crime victim or their representative is not provided
with notice that the individual has had their post-conviction release
terminated nor must the court or parole board again consider their
victims impact statements. This legislation would again give voice to
crime victims to ensure that they are informed when the parolee or
releasee is fully released and that at every step of the way the voice
of the victim is considered.

 
LEGISLATIVE HISTORY:

2023 S7788 Crime Victims, Crime & Correction

2022 S7412 Crime Victims, Crime & Correction

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take 60 days after it becomes law.

2025-S4636 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4636
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2025
                                ___________
 
 Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 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 THEIR  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08905-01-5
 S. 4636                             2

 
 PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I  OF
 THIS ARTICLE.
   2.  The [chairman] CHAIR 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 REPRESENTATIVE  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.

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