This bill has been amended

Bill S1966-2011

Requires notification to victims upon the conditional release of an inmate convicted of a crime against a member of the same family or household

Requires the state board of parole to provide notification to victims upon the conditional release of an inmate convicted of a crime against a member of the same family or household.

Details

Actions

  • May 3, 2011: REPORTED AND COMMITTED TO FINANCE
  • Jan 14, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Meetings

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - May 3, 2011
Ayes (13): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Rivera, Hassell-Thompson, Montgomery, Kruger, Kennedy
Ayes W/R (1): Peralta

Memo

BILL NUMBER:S1966

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 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.45324 of 2007/2008: Passed Senate S.600 of 2009/10

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1966 2011-2012 Regular Sessions IN SENATE January 14, 2011 ___________
Introduced by Sens. MARCELLINO, GOLDEN, JOHNSON, LARKIN, MAZIARZ -- 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 7 of part E of chapter 62 of the laws of 2003, 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 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 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 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.

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