S1481-2013 Actions

• Feb 12, 2013: REPORTED AND COMMITTED TO FINANCE
• Jan 9, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S1481-2013 Meetings

S1481-2013 Votes

S1481-2013 Memo

BILL NUMBER:S1481

TITLE OF BILL:
An act
to amend the executive law, in relation to notification of certain
persons upon the conditional release of an inmate convicted of a
crime against a member of the same family or household

PURPOSE: Provides that where an inmate to be
conditionally released
was convicted of a domestic violence offense, the Board of Parole
shall notify the victim of such offense of the release and the
conditions of such release; provides such notice may also be required
to be sent to a shelter for victims of domestic violence.

SUMMARY OF PROVISIONS: Section 1 of the bill adds a
notification
requirement to the process of conditionally releasing prisoners from
jail whereby the Board of Parole is required to send an e-mail or if
not available, a letter by certified mail to the victim.

JUSTIFICATION: Domestic violence continues to be one
of the most
troubling problems facing New York. One of the complexities of this
issue is that the perpetrator is often a repeat offender, unable or
unwilling to moderate their behavior and control their anger. Because
of this dysfunction, domestic violence offenders often immediately
seek out the person who originally had the courage to press charges.
It is imperative that New York State adopt a policy to ensure that
victims are notified of their attackers' release.

LEGISLATIVE HISTORY: S.2851-A of 2006: Passed Senate.
S.5324 of
2007/2008: Passed Senate. S.600 of 2009/10. S.1966-A: Passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE, DATE: 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
section two of this act shall take effect; and shall apply to all
inmates conditionally released on or after the effective date of this
act.

S1481-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1481
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  MARCELLINO  -- 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,  in relation to notification of
 certain persons upon the conditional release of an inmate 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 INMATE  TO  BE  CONDI
 TIONALLY  RELEASED  WAS  CONVICTED OF A CRIME AND THE VICTIM IS OR WAS A
 MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE INMATE  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 INMATE IS BEING RELEASED AND OF
 THE CONDITIONS OF SUCH RELEASE. SUCH NOTIFICATION SHALL BE SENT BY ELEC
 TRONIC 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 HOUSEHOLD" 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.
 LBD03284-01-3
 
       S. 1481                             2
 (D) PERSONS WHO HAVE A CHILD IN COMMON,  REGARDLESS  OF  WHETHER  SUCH
 PERSONS HAVE BEEN MARRIED OR HAVE LIVED TOGETHER AT ANY TIME;
 

S 2. Subdivision 2 of section 259-c of the executive law, as separate
 ly  amended by chapter 904 of the laws of 1977 and chapter 1 of the laws
 of 1998, 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  inmates  serving  a  definite
 sentence  of  imprisonment  may  be  conditionally released and when and
 under what conditions. WHERE AN INMATE TO BE CONDITIONALLY RELEASED  WAS
 CONVICTED OF A CRIME AND THE VICTIM IS OR WAS A MEMBER OF THE SAME FAMI
 LY OR HOUSEHOLD AS THE INMATE 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 INMATE 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 HOUSEHOLD" 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;
 

S 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 inmates condi
 tionally released on or after the effective date of this act.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!