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.

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S1966A-2011 Actions

• Jun 12, 2012: referred to governmental operations
• Jun 12, 2012: DELIVERED TO ASSEMBLY
• Jun 12, 2012: PASSED SENATE
• Jun 12, 2012: ORDERED TO THIRD READING CAL.1180
• Jun 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 7, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 14, 2011: referred to governmental operations
• Jun 14, 2011: DELIVERED TO ASSEMBLY
• Jun 14, 2011: PASSED SENATE
• Jun 14, 2011: ORDERED TO THIRD READING CAL.1204
• Jun 13, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• May 24, 2011: PRINT NUMBER 1966A
• May 24, 2011: AMEND AND RECOMMIT TO FINANCE
• May 3, 2011: REPORTED AND COMMITTED TO FINANCE
• Jan 14, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S1966A-2011 Meetings

Crime Victims, Crime and Correction: Mar 7, 2012, Rules: Jun 17, 2011, Rules: Jun 18, 2012, Rules: Jun 24, 2011

S1966A-2011 Calendars

Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 14, 2011

S1966A-2011 Votes

S1966A-2011 Memo

BILL NUMBER:S1966A

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.2851A of 2006 - Passed Senate.
S.5324  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.

S1966A-2011 Text

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

                                   1966--A

                         2011-2012 Regular Sessions

                              I N  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 -- reported favorably
    from said committee and committed  to  the  Committee  on  Finance  --
    committee  discharged,  bill amended, ordered reprinted as amended and
    recommitted to said committee

  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;

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04407-02-1

 S. 1966--A                          2

    (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  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.