Enables victims and relatives of victims to view parole hearings via closed circuit television or a secure online website.
Ayes (11): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Hassell-Thompson, Peralta, Rivera
Ayes W/R (2): Montgomery, Hoylman
Ayes (12): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Hassell-Thompson, Montgomery, Peralta, Rivera
Ayes W/R (1): Hoylman
STATE OF NEW YORK ________________________________________________________________________ 3676 2013-2014 Regular Sessions IN SENATE February 11, 2013 ___________Introduced by Sen. SAVINO -- 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 and the criminal procedure law, in relation to enabling victims to view parole hearings via closed circuit television or a secure online website THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 259-c of the executive law is amended by adding a new subdivision 18 to read as follows: 18. PERMIT VICTIMS AND RELATIVES OF VICTIMS TO VIEW AN INMATE'S PAROLE HEARING RELATING TO THEIR CASE VIA CLOSED CIRCUIT TELEVISION OR A SECURE ONLINE WEBSITE. S 2. Subdivision 3 of section 641 of the executive law, as added by chapter 94 of the laws of 1984 and paragraph (d) as amended by chapter 618 of the laws of 1992, is amended to read as follows: 3. Ensure notification of victims, witnesses, relatives of those victims and witnesses who are minors, and relatives of homicide victims, if such persons provide the appropriate official with a current address and telephone number, either by phone or by mail, if possible, of judi- cial proceedings relating to their case, including: (a) the arrest of an accused; (b) the initial appearance of an accused before a judicial officer; (c) the release of an accused pending judicial proceedings;
[and](d) proceedings in the prosecution of the accused including entry of a plea of guilty, trial, sentencing, but prior to sentencing specific information shall be provided regarding the right to seek restitution and reparation, and where a term of imprisonment is imposed, specific information shall be provided regarding maximum and minimum terms of such imprisonment; ANDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07953-01-3 S. 3676 2
(E) THE DATE AND TIME OF ANY PAROLE HEARING AS WELL AS THE LOCATION AT WHICH THE VICTIM AND RELATIVES OF THE VICTIM MAY VIEW THE HEARING ON CLOSED CIRCUIT TELEVISION OR THE SECURE ONLINE WEBSITE ON WHICH THE HEARING MAY BE VIEWED. 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 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 an indeter- minate sentence, the notice provided to the crime victim shall also inform the victim of his or her right to submit a written, audiotaped, 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 statement 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. THE NOTICE TO THE VICTIM SHALL ALSO INFORM THE VICTIM OF HIS OR HER RIGHT TO VIEW THE DEFENDANT'S PAROLE HEARING ON CLOSED CIRCUIT TELE- VISION OR OVER A SECURE ONLINE WEBSITE AND SHALL INFORM THE VICTIM OF THE INTENDED DATE AND TIME OF THE PAROLE HEARING AS WELL AS THE LOCATION OR WEBSITE ADDRESS AT WHICH THE VICTIM MAY VIEW THE HEARING. S 4. This act shall take effect immediately.