Bill S5542-2013

Requires that notice be given to the district attorney and crime victim 30 days before parole hearings and release of inmates

Requires that notice be given to the district attorney and crime victim 30 days before parole hearings and release of inmates.

Details

Actions

  • Jun 11, 2014: referred to codes
  • Jun 11, 2014: DELIVERED TO ASSEMBLY
  • Jun 11, 2014: PASSED SENATE
  • Jun 11, 2014: ORDERED TO THIRD READING CAL.1295
  • Jun 11, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Feb 27, 2014: REPORTED AND COMMITTED TO FINANCE
  • Jan 8, 2014: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 17, 2013: referred to codes
  • Jun 17, 2013: DELIVERED TO ASSEMBLY
  • Jun 17, 2013: PASSED SENATE
  • Jun 17, 2013: ORDERED TO THIRD READING CAL.1396
  • Jun 17, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 4, 2013: REPORTED AND COMMITTED TO FINANCE
  • May 16, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Jun 4, 2013
Ayes (10): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Hoylman, Peralta
Ayes W/R (3): Hassell-Thompson, Montgomery, Rivera
VOTE: COMMITTEE VOTE: - Rules - Jun 17, 2013
Ayes (21): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Fuschillo, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Stewart-Cousins, Breslin, Dilan, Krueger, Espaillat, Gianaris
Ayes W/R (1): Montgomery
Nays (2): Hassell-Thompson, Perkins
Excused (1): Parker
VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Feb 27, 2014
Ayes (11): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Hoylman, Peralta, Rivera
Ayes W/R (1): Montgomery
Nays (1): Hassell-Thompson
VOTE: COMMITTEE VOTE: - Rules - Jun 11, 2014
Ayes (21): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Montgomery, Parker, Gianaris
Ayes W/R (2): Krueger, Perkins
Excused (2): Hassell-Thompson, Espaillat

Memo

BILL NUMBER:S5542

TITLE OF BILL: An act to amend the executive law and the criminal procedure law, in relation to the provision of notice to crime victims or crime victim's representatives, and the office of the district attorney prior to the conduct of a parole hearing or the release of an inmate from the custody of the department of corrections and community supervision

PURPOSE: To require that notice be given to the district attorney and crime victim 30 days before parole hearings and release of inmates.

SUMMARY OF PROVISIONS:

Section 1. This act shall be known as Susan's Law.

Section 2. Subdivision 2 of section 259-i of the executive law is amended by adding two new paragraphs (a-I) and (f) which require the State Board of Parole to notify the district attorney and crime victim or victim's representatives no less than 30 days prior to conducting an interview of an inmate and/or release of an inmate by certified mail, return receipt requested in the most expeditious electronic means possible.

Section 3. Section 440.50 of the criminal procedure law is amended by adding a new subdivision 4 stating no less than 30 days prior to conducting an interview of an inmate the State Board of Parole shall provide notice of the interview to the district attorney and provide notice of the interview to the victim or victim's representatives by certified mail, return receipt requested in the most expeditious electronic means possible. In addition, no less than 30 days prior to the release of any inmate, the Department of Corrections shall notify the district attorney that prosecuted such inmate as well as the victim in the same manner as provided above. Section 4 - Sets forth the effective date.

JUSTIFICATION: Crime victims and their families need to be assured that they will be notified if they so choose when the inmate related to such crime is going before the parole board for early release so they can appear before the board or submit victim impact statement letters. With the advancement in technology it is important that the most expedient electronic means of communication is used to notify the victim, victim's family and the district attorney in addition to a letter being, sent in the mail. Mail from the parole board with such information will now have to be sent by certified mail, return receipt requested, to make sure that such information is received by the intended recipient. In addition, this same procedure will be followed again should the inmate be granted parole as a result of such hearing at least 30 days prior to being released. Crime victims and their families suffer long after the vicious actions of individuals convicted of such crimes. Therefore, it is of the utmost importance to make sure they are notified as quickly as possible of any movement to consider or actually release an inmate so such victim or family members may prepare themselves emotionally for such occurrence.

LEGISLATIVE HISTORY: New legislation.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5542 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________
Introduced by Sen. GRIFFO -- 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 the provision of notice to crime victims or crime victim's representatives, and the office of the district attorney prior to the conduct of a parole hearing or the release of an inmate from the custody of the department of corrections and community supervision THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as "Susan's law". S 2. Subdivision 2 of section 259-i of the executive law is amended by adding two new paragraphs (a-1) and (f) to read as follows: (A-1) NOT LESS THAN THIRTY DAYS PRIOR TO CONDUCTING OF AN INTERVIEW OF AN INMATE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE STATE BOARD OF PAROLE SHALL PROVIDE NOTICE OF THE TIME, DATE, LOCATION AND PURPOSE OF SUCH INTERVIEW BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND THE MOST EXPEDITIOUS ELECTRONIC MEANS POSSIBLE TO THE OFFICE OF THE DISTRICT ATTORNEY WHICH PROSECUTED SUCH INMATE AND THE CRIME VICTIM OF SUCH INMATE OR SUCH VICTIM'S REPRESENTATIVE AS DEFINED IN SUBPARAGRAPH (A) OF PARAGRAPH (C) OF THIS SUBDIVISION. (F) NOT LESS THAN THIRTY DAYS PRIOR TO THE RELEASE OF ANY INMATE FROM THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, AND COMMUNITY SUPERVISION, SUCH DEPARTMENT SHALL PROVIDE NOTICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND THE MOST EXPEDITIOUS ELECTRONIC MEANS POSSIBLE TO THE OFFICE OF THE DISTRICT ATTORNEY WHICH PROSECUTED SUCH INMATE AND THE CRIME VICTIM OF SUCH INMATE OR SUCH VICTIM'S REPRESENTATIVE AS DEFINED IN SUBPARAGRAPH (A) OF PARAGRAPH (C) OF THIS SUBDIVISION. S 3. Section 440.50 of the criminal procedure law is amended by adding a new subdivision 4 to read as follows:
4. (A) NOT LESS THAN THIRTY DAYS PRIOR TO THE CONDUCTING OF AN INTER- VIEW OF AN INMATE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW, THE STATE BOARD OF PAROLE SHALL PROVIDE NOTICE OF THE TIME, DATE, LOCATION AND PURPOSE OF SUCH INTERVIEW BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND THE MOST EXPEDITIOUS ELECTRONIC MEANS POSSIBLE TO THE OFFICE OF THE DISTRICT ATTORNEY THAT PROSECUTED SUCH INMATE. THEREAFTER, SUCH OFFICE SHALL IMMEDIATELY PROVIDE NOTICE OF SUCH INTERVIEW TO THE VICTIM. (B) NOT LESS THAN THIRTY DAYS PRIOR TO THE RELEASE OF ANY INMATE FROM THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, SUCH DEPARTMENT SHALL PROVIDE NOTICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND THE MOST EXPEDITIOUS ELECTRONIC MEANS POSSIBLE TO THE OFFICE OF THE DISTRICT ATTORNEY THAT PROSECUTED SUCH INMATE. THERE- AFTER, SUCH OFFICE SHALL IMMEDIATELY PROVIDE NOTICE OF SUCH RELEASE TO THE VICTIM. S 4. This act shall take effect immediately.

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