S T A T E   O F   N E W   Y O R K
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                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. SIMANOWITZ, MILLER -- read once and referred to
  the Committee on Correction

AN ACT to amend the executive law and the  criminal  procedure  law,  in
  relation  to victims' rights to parole information and notice of crime
  disposition

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

  Section  1.  Paragraph  (a)  of  subdivision 2 of section 259-i of the
executive law, as amended by section 38-f-1 of subpart A of  part  C  of
chapter 62 of the laws of 2011, is amended to read as follows:
  (a)  (i) Except as provided in subparagraph (ii) of this paragraph, at
least one month prior to the date on which  an  inmate  may  be  paroled
pursuant  to subdivision one of section 70.40 of the penal law, a member
or members as determined by the rules  of  the  board  shall  personally
interview  such  inmate  and  determine  whether he should be paroled in
accordance with the guidelines adopted pursuant to subdivision  four  of
section  two  hundred  fifty-nine-c  of  this  article. If parole is not
granted upon such review, the inmate shall be informed in writing within
two weeks of such appearance of the factors and reasons for such  denial
of  parole.  Such reasons shall be given in detail and not in conclusory
terms. The board shall specify a date not more than  twenty-four  months
from  such  determination  for reconsideration, and the procedures to be
followed upon reconsideration shall  be  the  same.  If  the  inmate  is
released,  he  shall  be  given a copy of the conditions of parole. Such
conditions shall where appropriate, include a requirement that the paro-
lee comply with any restitution order, mandatory surcharge, sex offender
registration fee and DNA databank fee previously imposed by a  court  of
competent jurisdiction that applies to the parolee. The conditions shall
indicate  which restitution collection agency established under subdivi-
sion eight of section 420.10 of the criminal  procedure  law,  shall  be

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

                                                           LBD00194-01-5

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responsible  for  collection  of  restitution,  mandatory surcharge, sex
offender registration fees and DNA databank  fees  as  provided  for  in
section  60.35 of the penal law and section eighteen hundred nine of the
vehicle  and  traffic  law.  IF  PAROLE  IS  GRANTED, A STATEMENT OF THE
REASONS FOR GRANTING PAROLE SHALL BE STATED  IN  WRITING  AND  SHALL  BE
PROVIDED,  WITHIN  A REASONABLE TIME AFTER SUCH DECISION, TO A VICTIM OR
VICTIM'S REPRESENTATIVE WHO HAS FILED A STATEMENT PURSUANT TO  PARAGRAPH
(C) OF THIS SUBDIVISION.
  (ii)  Any  inmate who is scheduled for presumptive release pursuant to
section eight hundred six of the correction law shall not appear  before
the  board as provided in subparagraph (i) of this paragraph unless such
inmate's  scheduled  presumptive  release  is  forfeited,  canceled,  or
rescinded  subsequently  as  provided  in  such  law. In such event, the
inmate shall appear  before  the  board  for  release  consideration  as
provided  in subparagraph (i) of this paragraph as soon thereafter as is
practicable.
  S 2. Paragraph (a) of subdivision 2 of section 259-i of the  executive
law,  as  amended by section 38-f-2 of subpart A of part C of chapter 62
of the laws of 2011, is amended to read as follows:
  (a) At least one month prior to the expiration of the  minimum  period
or  periods  of  imprisonment  fixed  by the court or board, a member or
members as determined by the rules of the board shall personally  inter-
view  an  inmate serving an indeterminate sentence and determine whether
he should be paroled at the expiration of the minimum period or  periods
in  accordance  with the procedures adopted pursuant to subdivision four
of section two hundred fifty-nine-c OF THIS ARTICLE. If  parole  is  not
granted upon such review, the inmate shall be informed in writing within
two  weeks of such appearance of the factors and reasons for such denial
of parole. Such reasons shall be given in detail and not  in  conclusory
terms.  The  board shall specify a date not more than twenty-four months
from such determination for reconsideration, and the  procedures  to  be
followed  upon  reconsideration  shall  be  the  same.  If the inmate is
released, he shall be given a copy of the  conditions  of  parole.  Such
conditions shall where appropriate, include a requirement that the paro-
lee comply with any restitution order and mandatory surcharge previously
imposed  by  a court of competent jurisdiction that applies to the paro-
lee. The conditions shall indicate which restitution  collection  agency
established  under  subdivision  eight of section 420.10 of the criminal
procedure law, shall be responsible for collection  of  restitution  and
mandatory  surcharge  as  provided for in section 60.35 of the penal law
and section eighteen hundred nine of the vehicle  and  traffic  law.  IF
PAROLE  IS GRANTED, A STATEMENT OF THE REASONS FOR GRANTING PAROLE SHALL
BE STATED IN WRITING AND SHALL BE PROVIDED,  WITHIN  A  REASONABLE  TIME
AFTER  SUCH  DECISION,  TO  A  VICTIM OR VICTIM'S REPRESENTATIVE WHO HAS
FILED A STATEMENT PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
  S 3. Subdivision 1 of section 440.50 of the criminal procedure law, as
amended by section 80 of subpart B of part C of chapter 62 of  the  laws
of 2011, is amended to read as follows:
  1.  Upon  the  request  of a victim of a crime, or in any event in all
cases in which the final disposition includes a conviction of a  violent
felony  offense as defined in section 70.02 of the penal law or a felony
defined in article one hundred twenty-five of  such  law,  the  district
attorney  shall, within [sixty] FIFTEEN days of the final disposition of
the case, inform the victim by letter of such final disposition. If such
final disposition results in the commitment  of  the  defendant  to  the
custody  of  the department of corrections and community supervision for

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an indeterminate sentence, the notice provided to the crime victim shall
also inform the victim of his or her right to submit a  written,  audio-
taped,  or  videotaped  victim  impact  statement  to  the department of
corrections  and  community  supervision  or  to  meet personally with a
member of the state board of parole at a time and  place  separate  from
the  personal interview between a member or members of the board and the
inmate and make such a statement, subject to procedures and  limitations
contained  in  rules  of  the board, both pursuant to subdivision two of
section two hundred fifty-nine-i of the executive law. The right of  the
victim  under  this subdivision to submit a written victim impact state-
ment or to meet personally with a member of the state  board  of  parole
applies  to  each  personal interview between a member or members of the
board and the inmate.
  S 4. This act shall take effect  April  1,  2015;  provided  that  the
amendments  to  paragraph  (a)  of subdivision 2 of section 259-i of the
executive law made by section one of this act shall be  subject  to  the
expiration  and reversion of such paragraph pursuant to subdivision d of
section 74 of chapter 3 of the laws of 1995, as amended, when upon  such
date the provisions of section two of this act shall take effect.