Bill Text: NY A03380 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the rights of a crime victim; provides that if parole is granted, the reasons for granting parole must be stated in detail in writing; allows a victim access to such information and to transcripts of all interviews conducted; requires the district attorney to notify the victim of their right to be present at proceedings and to provide an oral/written statement at such proceedings; further provides the victim the opportunity to present their views to the same member of the board who conducts the interview with the inmate.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2013-04-30 - held for consideration in codes [A03380 Detail]
Download: New_York-2013-A03380-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3380
2013-2014 Regular Sessions
I N A S S E M B L Y
January 25, 2013
___________
Introduced by M. of A. RABBITT, KOLB, FINCH, RAIA, McDONOUGH, McKEVITT
-- Multi-Sponsored by -- M. of A. CROUCH -- read once and referred to
the Committee on Codes
AN ACT to amend the criminal procedure law and the executive law, in
relation to the rights of a crime victim at parole proceedings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 440.50 of the criminal procedure
2 law, as amended by section 80 of subpart B of part C of chapter 62 of
3 the laws of 2011, is amended to read as follows:
4 1. (A) Upon the request of a victim of a crime, or in any event in all
5 cases in which the final disposition includes a conviction of a violent
6 felony offense as defined in section 70.02 of the penal law or a felony
7 defined in article one hundred twenty-five of such law, the district
8 attorney shall, within sixty days of the final disposition of the case,
9 inform the victim by letter of such final disposition. If such final
10 disposition results in the commitment of the defendant to the custody of
11 the department of corrections and community supervision for an indeter-
12 minate sentence, the notice provided to the crime victim shall also
13 inform the victim of his or her right to [submit a written, audiotaped,
14 or videotaped victim impact statement to the department of corrections
15 and community supervision or to meet personally with a member of the
16 state board of parole at a time and place separate from the personal
17 interview between a member or members of the board and the inmate and
18 make such a statement, subject to procedures and limitations contained
19 in rules of the board, both] BE PRESENT AT PROCEEDINGS OF THE STATE
20 DIVISION OF PAROLE REGARDING RELEASE OF SUCH DEFENDANT. THE VICTIM SHALL
21 ALSO BE NOTIFIED OF THEIR RIGHT TO PROVIDE AN ORAL OR WRITTEN STATEMENT
22 OR BOTH AT PROCEEDINGS OF THE BOARD, INCLUDING THE PERSONAL INTERVIEW OF
23 THE INMATE, AND THAT THEY WILL ALSO BE PROVIDED THE OPPORTUNITY TO PRES-
24 ENT THEIR VIEWS IN PERSON TO THE SAME MEMBER OF THE BOARD WHO CONDUCTED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05366-01-3
A. 3380 2
1 THE INTERVIEW WITH THE INMATE AT A MUTUALLY CONVENIENT LOCATION PRIOR TO
2 THE DETERMINATION OF THE BOARD pursuant to subdivision two of section
3 two hundred fifty-nine-i of the executive law. The right of the victim
4 under this subdivision to submit a written victim impact statement or to
5 meet personally with a member of the state board of parole applies to
6 each personal interview between a member or members of the board and the
7 inmate.
8 (B) NOTIFICATION OF VICTIMS BY THE DISTRICT ATTORNEY PURSUANT TO PARA-
9 GRAPH (A) OF THIS SUBDIVISION SHALL BE REQUIRED FOR THE FOLLOWING
10 OFFENSES: ANY VIOLENT FELONY OFFENSE DEFINED IN SECTION 70.02 OF THE
11 PENAL LAW, AN ATTEMPT TO COMMIT ANY SEX OFFENSE AND ANY SEX OFFENSE
12 DEFINED IN ARTICLE ONE HUNDRED THIRTY OR TWO HUNDRED SIXTY-THREE OF THE
13 PENAL LAW, AN ATTEMPT TO COMMIT INCEST AND INCEST IN THE THIRD DEGREE AS
14 DEFINED IN SECTION 255.25 OF THE PENAL LAW, MURDER IN THE SECOND DEGREE
15 AS DEFINED IN SECTION 125.25 OF THE PENAL LAW, AN ATTEMPT TO COMMIT
16 MURDER IN THE FIRST DEGREE AND MURDER IN THE FIRST DEGREE AS DEFINED IN
17 SECTION 125.27 OF THE PENAL LAW, AN ATTEMPT TO COMMIT MANSLAUGHTER IN
18 THE SECOND DEGREE AND MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN
19 SECTION 125.15 OF THE PENAL LAW, VEHICULAR MANSLAUGHTER IN THE FIRST
20 DEGREE AS DEFINED IN SECTION 125.13 OF THE PENAL LAW, VEHICULAR
21 MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.12 OF THE
22 PENAL LAW, CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION 125.10 OF
23 THE PENAL LAW, KIDNAPPING IN THE FIRST DEGREE AS DEFINED IN SECTION
24 135.25 OF THE PENAL LAW, MENACING IN THE FIRST DEGREE AS DEFINED IN
25 SECTION 120.13 OF THE PENAL LAW, AND ARSON IN THE FIRST DEGREE AS
26 DEFINED IN SECTION 150.20 OF THE PENAL LAW.
27 S 2. Subparagraph (i) of paragraph (a) of subdivision 2 of section
28 259-i of the executive law, as amended by section 38-f-1 of subpart A of
29 part C of chapter 62 of the laws of 2011, is amended to read as follows:
30 (i) Except as provided in subparagraph (ii) of this paragraph, at
31 least one month prior to the date on which an inmate may be paroled
32 pursuant to subdivision one of section 70.40 of the penal law, a member
33 or members as determined by the rules of the board shall personally
34 interview such inmate and determine whether he should be paroled in
35 accordance with the guidelines adopted pursuant to subdivision four of
36 section two hundred fifty-nine-c of this article. IF PAROLE IS GRANTED,
37 A STATEMENT OF THE REASONS FOR GRANTING PAROLE SHALL BE STATED IN WRIT-
38 ING AND TRANSCRIPTS OF ALL INTERVIEWS SHALL BE PROVIDED, WITHIN A
39 REASONABLE TIME AFTER SUCH DECISION, TO A VICTIM OR VICTIM'S REPRESEN-
40 TATIVE WHO HAS FILED A STATEMENT PURSUANT TO PARAGRAPH (C) OF THIS
41 SUBDIVISION. If parole is not granted upon such review, the inmate shall
42 be informed in writing within two weeks of such appearance of the
43 factors and reasons for such denial of parole. Such reasons shall be
44 given in detail and not in conclusory terms. The board shall specify a
45 date not more than twenty-four months from such determination for recon-
46 sideration, and the procedures to be followed upon reconsideration shall
47 be the same. If the inmate is released, he shall be given a copy of the
48 conditions of parole. Such conditions shall where appropriate, include a
49 requirement that the parolee comply with any restitution order, mandato-
50 ry surcharge, sex offender registration fee and DNA databank fee previ-
51 ously imposed by a court of competent jurisdiction that applies to the
52 parolee. The conditions shall indicate which restitution collection
53 agency established under subdivision eight of section 420.10 of the
54 criminal procedure law, shall be responsible for collection of restitu-
55 tion, mandatory surcharge, sex offender registration fees and DNA data-
A. 3380 3
1 bank fees as provided for in section 60.35 of the penal law and section
2 eighteen hundred nine of the vehicle and traffic law.
3 S 3. Paragraph (a) of subdivision 2 of section 259-i of the executive
4 law, as amended by section 38-f-2 of subpart A of part C of chapter 62
5 of the laws of 2011, is amended to read as follows:
6 (a) At least one month prior to the expiration of the minimum period
7 or periods of imprisonment fixed by the court or board, a member or
8 members as determined by the rules of the board shall personally inter-
9 view an inmate serving an indeterminate sentence and determine whether
10 he should be paroled at the expiration of the minimum period or periods
11 in accordance with the procedures adopted pursuant to subdivision four
12 of section two hundred fifty-nine-c. If parole is not granted upon such
13 review, the inmate shall be informed in writing within two weeks of such
14 appearance of the factors and reasons for such denial of parole. Such
15 reasons shall be given in detail and not in conclusory terms. The board
16 shall specify a date not more than twenty-four months from such determi-
17 nation for reconsideration, and the procedures to be followed upon
18 reconsideration shall be the same. If the inmate is released, he shall
19 be given a copy of the conditions of parole. Such conditions shall where
20 appropriate, include a requirement that the parolee comply with any
21 restitution order and mandatory surcharge previously imposed by a court
22 of competent jurisdiction that applies to the parolee. The conditions
23 shall indicate which restitution collection agency established under
24 subdivision eight of section 420.10 of the criminal procedure law, shall
25 be responsible for collection of restitution and mandatory surcharge as
26 provided for in section 60.35 of the penal law and section eighteen
27 hundred nine of the vehicle and traffic law. IF PAROLE IS GRANTED, A
28 STATEMENT OF THE REASONS FOR GRANTING PAROLE SHALL BE STATED IN WRITING
29 AND TRANSCRIPTS OF ALL INTERVIEWS SHALL BE PROVIDED, WITHIN A REASONABLE
30 TIME AFTER SUCH DECISION, TO A VICTIM OR VICTIM'S REPRESENTATIVE WHO HAS
31 FILED A STATEMENT PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
32 S 4. This act shall take effect April 1, 2013; provided that the
33 amendments to paragraph (a) of subdivision 2 of section 259-i of the
34 executive law made by section two of this act shall be subject to the
35 expiration and reversion of such paragraph pursuant to subdivision d of
36 section 74 of chapter 3 of the laws of 1995, as amended, when upon such
37 date the provisions of section three of this act shall take effect.
