Provides that the district attorney must give not less than ten days notice to the victim or victims of a crime in a case where he is considering giving the defendant less than the mandatory sentence.

---

A4963-2011 Actions

• Apr 20, 2011: enacting clause stricken
• Feb 9, 2011: referred to governmental operations

A4963-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4963

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              February 9, 2011
                                 ___________

  Introduced by M. of A. MAYERSOHN, SCHIMMINGER, HOOPER -- Multi-Sponsored
    by  --  M.  of  A.    COLTON, GALEF, PHEFFER, SWEENEY -- read once and
    referred to the Committee on Governmental Operations

  AN ACT to amend the executive law, in relation  to  fair  treatment  for
    crime  victims  and  in  relation  to interim probation supervision of
    offenders who are  subject  to  mandatory  indeterminate  sentence  of
    imprisonment

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The executive law is amended by adding a new section  642-b
  to read as follows:

    S  642-B. FAIR TREATMENT OF VICTIMS IN CASES WHERE THE DISTRICT ATTOR-
  NEY IS CONSIDERING WAIVER OF MANDATORY SENTENCE. 1. IN  THE  CASE  OF  A
  VICTIM  OF  A  FELONY, IF THE INDICTMENT BASED UPON THAT CRIMINAL TRANS-
  ACTION CHARGES AN OFFENSE FOR WHICH AN INDETERMINATE SENTENCE OF  IMPRI-
  SONMENT MUST BE IMPOSED OR IF THE DEFENDANT IS A PERSON WHO BY REASON OF
  A  PRIOR FELONY CONVICTION WOULD BE SUBJECT TO AN INDETERMINATE SENTENCE
  OF IMPRISONMENT UPON CONVICTION OF THE OFFENSE CHARGED  IN  THE  INDICT-
  MENT, THE RULES PROMULGATED BY THE COMMISSIONER OF THE DIVISION OF CRIM-
  INAL JUSTICE SERVICES SHALL PROVIDE THAT THE DISTRICT ATTORNEY MUST GIVE
  THE  VICTIM  NOTICE  AND A STATEMENT OF REASONS IN WRITING NOT LESS THAN
  TEN DAYS PRIOR TO TAKING ANY OF THE FOLLOWING ACTIONS:

    (A) CONSENTING TO A PLEA OF GUILTY THAT DOES NOT INCLUDE  AT  LEAST  A
  PLEA  OF GUILTY TO AN OFFENSE THAT REQUIRES AN INDETERMINATE SENTENCE OF
  IMPRISONMENT;
    (B) MOVING FOR OR CONSENTING TO DISMISSAL OF THE INDICTMENT OR OF  ANY
  COUNT  THEREIN  THAT CHARGES A CRIME FOR WHICH AN INDETERMINATE SENTENCE
  OF IMPRISONMENT MUST BE IMPOSED; OR
    (C) MOVING FOR OR CONSENTING TO AN ADJOURNMENT OF SENTENCING TO A DATE
  LATER THAN NINETY DAYS FROM THE DATE THE PLEA OR VERDICT WAS ENTERED.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08648-01-1

 A. 4963                             2

    2. ANY SUCH NOTICE SHALL ADVISE THE VICTIM OF THE TIME AND PLACE  WHEN
  THE  MOTION  IS  TO  BE  MADE  OR  THE CONSENT IS TO BE GIVEN AND OF THE
  VICTIM'S RIGHT TO BE PRESENT AND TO SUBMIT A WRITTEN  STATEMENT  TO  THE
  COURT  IN  OPPOSITION  TO THE COURT'S APPROVAL OF THE DISMISSAL, PLEA OR
  ADJOURNMENT.
    3. THE RULES PROMULGATED BY THE COMMISSIONER OF THE DIVISION OF CRIMI-
  NAL  JUSTICE SERVICES SHALL REQUIRE THAT A COPY OF THE NOTICE AND STATE-
  MENT OF REASONS BE FILED WITH THE DIVISION OF CRIMINAL JUSTICE  SERVICES
  ALONG  WITH  A SUMMARY OF THE FINAL DISPOSITION OF EACH COUNT CHARGED IN
  AN INDICTMENT AGAINST THE DEFENDANT AS A RESULT OF THE  CRIMINAL  TRANS-
  ACTION  INVOLVING THAT VICTIM. AN ANALYSIS OF THIS MATERIAL SHALL BE SET
  FORTH BY THE DIVISION IN ITS ANNUAL  REPORT  TO  THE  GOVERNOR  AND  THE
  LEGISLATURE  AND THE DOCUMENTS AS FILED WITH THE DIVISION SHALL BE MAIN-
  TAINED FOR A PERIOD OF THREE YEARS IN A  SPECIAL  FILE  WHICH  SHALL  BE
  AVAILABLE FOR PUBLIC INSPECTION.
    4. THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
  NOT  ALLOCATE  ANY FUNDS TO OR FOR THE USE OF A DISTRICT ATTORNEY UNLESS
  THE  COMMISSIONER  IS  SATISFIED,  AFTER  SPECIFIC  INQUIRY,  THAT  SUCH
  DISTRICT  ATTORNEY  IS  IN SUBSTANTIAL COMPLIANCE WITH THE PROVISIONS OF
  THIS SECTION.
    S 2. Section 243 of the executive law  is  amended  by  adding  a  new
  subdivision 5 to read as follows:

    5.  THE  RULES  ADOPTED BY THE DIRECTOR PURSUANT TO THIS SECTION SHALL
  PROVIDE THAT PROBATION OFFICERS AND  CORRECTIONAL  ALTERNATIVE  PROGRAMS
  SHALL  NOT ENGAGE IN SUPERVISION OF OR ADMINISTER COMMUNITY BASED ALTER-
  NATIVE OR INTERIM PROGRAMS FOR OFFENDERS WHO HAVE PLEADED GUILTY  TO  OR
  BEEN  FOUND  GUILTY  OF  A FELONY FOR WHICH AN INDETERMINATE SENTENCE OF
  IMPRISONMENT IS REQUIRED UNDER THE PENAL LAW AND WHO ARE AWAITING  IMPO-
  SITION OF SENTENCE.
    S 3. This act shall take effect on the one hundred twentieth day after
  it  shall have become a law, provided however, that effective immediate-
  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
  necessary  for  the implementation of the foregoing sections of this act
  on their effective date are authorized  and  directed  to  be  made  and
  completed on or before such effective date.