Bill S4160A-2011

Enables victims to view parole hearings via closed circuit television or a secure online website

Enables victims and relatives of victims to view parole hearings via closed circuit television or a secure online website.

Details

Actions

  • Jun 12, 2012: referred to correction
  • Jun 12, 2012: DELIVERED TO ASSEMBLY
  • Jun 12, 2012: PASSED SENATE
  • Jun 11, 2012: ADVANCED TO THIRD READING
  • Jun 6, 2012: 2ND REPORT CAL.
  • Jun 5, 2012: 1ST REPORT CAL.1056
  • May 15, 2012: REPORTED AND COMMITTED TO FINANCE
  • Apr 13, 2012: PRINT NUMBER 4160A
  • Apr 13, 2012: AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Mar 21, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - May 15, 2012
Ayes (10): Nozzolio, DeFrancisco, Gallivan, Griffo, Maziarz, Ranzenhofer, Ritchie, Hassell-Thompson, Kennedy, Espaillat
Ayes W/R (4): Little, Rivera, Montgomery, Peralta

Memo

BILL NUMBER:S4160A

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: Permits 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

SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 259-c of the executive law, section two amends subdivision 3 of section 641, as added by chapter 94 of the laws of 1984 and paragraph (d) as amended by chapter 618 of the laws of 1992. 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 judicial proceedings relating to their case.

JUSTIFICATION: Victims and relatives should be allowed to watch parole hearings of an inmate, whose case directly affects the victim for purpose of transparency. The family of the defendant should also have the privilege of viewing the parole hearings of loved ones to ensure a fair hearing.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4160--A 2011-2012 Regular Sessions IN SENATE March 21, 2011 ___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- recommitted to the Committee on Crime Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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; AND (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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

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

Discuss!

blog comments powered by Disqus