NY State Senate Bill 2013-S643

Senate Bill S643

2013-2014 Legislative Session

Creates the victim notification act to provide information relating to the criminal justice system; repealer

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to codes
Jan 09, 2013	referred to codes

2013-S643 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add Part III Title V Art 740 §§740.10 - 740.25, rpld §440.50, CP L; amd §§259-i & 646-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1734
2011-2012: S1785

2013-S643 (ACTIVE) - Summary

Enacts the victim notification act to provide crime victims with the right of notification of the criminal justice process and other matters affecting their interests as a crime victim; enacts procedures to implement such right and details the specific information to be made available to the crime victim; requires police officers and district attorneys or employees of district attorneys to provide victims to the best of their ability with information about financial and social services assistance available.

2013-S643 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S643

TITLE OF BILL:
An act
to amend the criminal procedure law and the executive law,
in relation to procedures for
providing victim notification of
criminal justice processes affecting the interests of crime victims
and to repeal section 440.50 of the criminal procedure
law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:
To recognize the legitimate rights and interests of crime victims to
be notified and kept informed of court proceedings and certain other
criminal justice agency actions which follow victimization.

SUMMARY OF SPECIFIC PROVISIONS:
Section 440.50 of the criminal procedure law is REPEALED. Part 3
of the criminal procedure law is amended by adding a new title V to
create the Victim Notification Act. It sets up a mechanism for
developing a victim notification form which would contain information
about the crime victim, the crime itself, the adverse effects
suffered by the victim and how the victim can be reached for
notification purposes.

If a victim elects to file a victim notice form and therein indicates

a wish to be notified, a procedure is set forth for making sure the
victim's right to be informed is assured The notification form, once
filed, is appended to the accusatory instrument and subsequently
forwarded to any custodial institution.

The bill would also require police officers and district attorneys to
inform a victim, upon oral or written request, of the progress,
status or results of an investigation or the progress or status of
a case so long as such information is not confidential or could
potentially compromise the results of an investigation or prosecution
as the case may be.

Finally, the bill would require, whether or not a victim notice is
filed, that police officers and district attorneys or employees of
district attorneys provide victims, to the best of their ability,
with information about financial and social service assistance
available to crime victims.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Existing law requires the district attorney to inform a victim of the
final disposition of a case, where the victim so requests

JUSTIFICATION:
There is a basic need for crime victims to be kept informed concerning
the criminal justice process in which they become so intricately
involved Victims are very often asked to help in this process, thereby
exposing themselves to· further hardships including: the need to tell
their story over and over again; to appear in court to testify; and
to help police with identification and many other time consuming,
frustrating and even psychologically difficult activities. This
involvement and assistance should vest in victims' rights to be


notified and informed, with full explanation, of all decisions made
which inherently affect their standing in the criminal justice system.

This can be seen as the victim's "due process" counterpart to that
which is so freely available to the accused. In the past, the
victim's place and interests in the system were much more central,
but the state gradually took over the prosecutorial function from the
victim and relegated the crime victim to a mere informational source.
The information which the victim, as witness, provides is essential.
However, the cooperation and assistance that the victim can provide
must not be given greater value then the interests of the victim to
be informed, notified and have his/her input considered in matters
which so fundamentally affect his/her rights as the person directly
harmed by the criminal act.

This proposed legislation provides an administrative mechanism for the
victim to be kept informed by the criminal justice system on a timely
basis of the decisions determining the criminal case, where the
victim so requests. Law abiding citizens who are victims of crime and
whose cooperation is required by the criminal justice system should
not be uninformed of important decisions and proceedings which may
vitally affect their rights or well-being.

PRIOR LEGISLATIVE HISTORY:
This bill was previously introduced.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall become law.

2013-S643 (ACTIVE) - Bill Text download pdf

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

                                   643

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law and  the  executive  law,  in
  relation  to  procedures for providing victim notification of criminal
  justice processes affecting the interests  of  crime  victims  and  to
  repeal section 440.50 of the criminal procedure law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 440.50 of the criminal procedure law is REPEALED.
  S 2. Part 3 of the criminal procedure law is amended by adding  a  new
title V to read as follows:
                     TITLE V--VICTIM NOTIFICATION ACT
                    ARTICLE 740--VICTIM NOTIFICATION
SECTION 740.10 DEFINITION OF TERMS.
        740.15 ISSUANCE AND FILING OF VICTIM NOTICES.
        740.20 NOTIFICATION OF VICTIM.
        740.25 VICTIM  FINANCIAL  AND  SOCIAL  SERVICES  ASSISTANCE  IN-
                 FORMATION.
S 740.10  DEFINITION OF TERMS.
  AS USED IN THIS ARTICLE, THE FOLLOWING TERMS HAVE THE FOLLOWING  MEAN-
INGS:
  1.  "CRIME"  MEANS CONDUCT DEFINED AS A FELONY OR A MISDEMEANOR IN THE
PENAL LAW.
  2. "VICTIM" MEANS A PERSON WHO, AS A RESULT OF A CRIME, HAS SUFFERED A
DIRECT ADVERSE EFFECT CONSISTING OF:    DEATH,  PHYSICAL  INJURY,  RAPE,
SODOMY, SEXUAL ABUSE OR LOSS OF PROPERTY.
  3. "FAMILY MEMBER" MEANS (A) ANY PERSON RELATED TO A VICTIM WITHIN THE
THIRD DEGREE OF CONSANGUINITY OR AFFINITY, OR (B) ANY PERSON RESIDING IN
THE SAME HOUSEHOLD WITH A VICTIM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03592-01-3

S. 643                              2

  4.  "VICTIM  NOTICE"  MEANS  A  FORM PRESCRIBED BY THE COMMISSIONER OF
CRIMINAL JUSTICE SERVICES AND DISTRIBUTED BY THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES ON WHICH A VICTIM MAY INDICATE A DEMAND THAT HE OR SHE
BE ADVISED AS TO COURT PROCEEDINGS AND THAT HE  OR  SHE  BE  ADVISED  OF
CERTAIN  OTHER  CRIMINAL  JUSTICE  AND LAW ENFORCEMENT AGENCIES' ACTIONS
AFFECTING THE INTERESTS OF SUCH VICTIM AS PRESCRIBED BY THIS ARTICLE  IN
ANY  CRIMINAL ACTION THAT MAY BE BASED UPON THE CRIME OF WHICH HE OR SHE
WAS A VICTIM. SUCH FORM SHALL  BE  DESIGNED  TO  INCLUDE  AT  LEAST  THE
FOLLOWING  INFORMATION:    THE  NAME  OF  THE VICTIM; THE ADDRESS OF THE
VICTIM; THE NATURE OF THE CRIME; A DESCRIPTION OF THE CRIME; THE ADVERSE
EFFECTS SUFFERED BY THE VICTIM AND BY ANY FAMILY MEMBER; WHETHER OR  NOT
THE  VICTIM  WISHES  TO  BE  ADVISED AS TO COURT PROCEEDINGS AND CERTAIN
OTHER CRIMINAL JUSTICE AND LAW ENFORCEMENT AGENCIES'  ACTIONS  AFFECTING
THE  INTEREST OF SUCH VICTIM AS PRESCRIBED BY THIS ARTICLE IN ANY CRIMI-
NAL ACTION INVOLVING THE CRIME; AND THE PLACE OR PLACES WHERE THE VICTIM
MAY BE REACHED BY MAIL AND TELEPHONE.
  5. "DISCRETIONARY  DISPOSITION"  MEANS  DISMISSAL  IN  FURTHERANCE  OF
JUSTICE,  PURSUANT TO PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION 170.30
AND SECTION 170.40 OF THIS  CHAPTER;  ADJOURNMENT  IN  CONTEMPLATION  OF
DISMISSAL  PURSUANT  TO  SECTION  170.55 OF THIS CHAPTER; REDUCTION OF A
FELONY CHARGE TO ONE FOR A NON-FELONY OFFENSE PURSUANT TO SECTION 180.50
OF THIS CHAPTER, OTHER THAN WHERE THE  REDUCTION  IS  MADE  PURSUANT  TO
PARAGRAPH  (A)  OF SUBDIVISION TWO THEREOF; REDUCTION OF A FELONY CHARGE
TO A NON-FELONY OFFENSE PURSUANT TO SUBDIVISION THREE OF SECTION  180.70
OF  THIS CHAPTER; DISMISSAL OF AN INDICTMENT IN THE INTERESTS OF JUSTICE
PURSUANT TO PARAGRAPH (I) OF SUBDIVISION ONE OF SECTION 210.20  OF  THIS
CHAPTER AND SECTION 210.40 OF THIS CHAPTER; THE ENTRY OF A PLEA OF GUIL-
TY  TO  ANY  CRIME OTHER THAN ONE THAT IS NOT MORE THAN A SINGLE CLASSI-
FICATION BELOW THE HIGHEST  CLASSIFICATION  OF  FELONY  CHARGED  IN  THE
INDICTMENT,  OR  THE  ENTRY  OF  A  PLEA OF GUILTY TO A CRIME CHARGED IN
ANOTHER INDICTMENT TO CONSTITUTE A DISPOSITION OF THE INDICTMENT FOR THE
CRIME UPON WHICH THE VICTIM NOTICE IS BASED;  A  DETERMINATION  THAT  AN
ELIGIBLE YOUTH IS A YOUTHFUL OFFENDER; OR IMPOSITION OF SENTENCE.
  6.  "FILING"  MEANS  SUBMISSION,  EITHER  BY MAIL OR IN PERSON, OF THE
VICTIM NOTIFICATION FORM BY THE VICTIM OR FAMILY MEMBER TO THE  CRIMINAL
JUSTICE AGENCY WHERE THE RECORD OF THE REPORT OF THE CRIME IS MAINTAINED
OR  IF A CRIMINAL ACTION HAS BEEN COMMENCED, WITH THE CLERK OF THE COURT
WHERE THE ACTION IS PENDING.
S 740.15  ISSUANCE AND FILING OF VICTIM NOTICES.
  1. WHENEVER A VICTIM SHALL GIVE INFORMATION  IN  PERSON  TO  A  POLICE
OFFICER  OR TO A DISTRICT ATTORNEY OR AN EMPLOYEE OF A DISTRICT ATTORNEY
CONCERNING A CRIME OF WHICH HE OR SHE IS A VICTIM SUCH OFFICER, DISTRICT
ATTORNEY OR EMPLOYEE SHALL INQUIRE AS TO WHETHER THE VICTIM HAS RECEIVED
A VICTIM NOTICE FORM AND, WHERE THE VICTIM INDICATES THAT HE OR SHE  HAS
NOT  RECEIVED  SUCH FORM, SHALL ISSUE OR SHALL MAKE ARRANGEMENT TO ISSUE
TO THE VICTIM A VICTIM NOTICE FORM AND A COPY OF THE PROVISIONS OF  THIS
ARTICLE.    IN THE EVENT THAT THE VICTIM IS DECEASED OR IS UNDER THE AGE
OF EIGHTEEN OR IS UNABLE BY REASON OF MENTAL OR PHYSICAL  DISABILITY  TO
FILL OUT A VICTIM NOTICE FORM, THE FORM AND A COPY OF THIS ARTICLE SHALL
BE  ISSUED TO ANY FAMILY MEMBER WHO APPEARS TO REPRESENT THE INTEREST OF
THE VICTIM.
  2. AT THE TIME A VICTIM NOTICE IS ISSUED AS  PROVIDED  IN  SUBDIVISION
ONE OF THIS SECTION, THE PERSON ISSUING SAID NOTICE SHALL INDICATE THER-
EON  HIS  OR  HER  OWN  NAME  AND (A) IF NO CRIMINAL ACTION HAS YET BEEN
COMMENCED, THE PLACE WHERE THE RECORD OF THE REPORT OF THE CRIME WILL BE
MAINTAINED, OR (B) IF A CRIMINAL ACTION HAS BEEN COMMENCED (I) THE COURT

S. 643                              3

WHERE SUCH ACTION PRESENTLY IS PENDING, (II)  THE  PART,  IF  KNOWN,  TO
WHICH  SUCH  ACTION  HAS  BEEN  ASSIGNED,  AND  (III) THE DOCKET NUMBER,
INDICTMENT NUMBER OR OTHER IDENTIFYING NUMBER, IF KNOWN, ASSIGNED TO THE
CRIMINAL ACTION.  THE PERSON ISSUING A VICTIM NOTICE FORM SHALL, ALSO AT
THE  TIME  OF ISSUANCE, INFORM THE VICTIM OR FAMILY MEMBER OF THE MANNER
AND PLACE WHERE SUCH FORM MUST BE FILED IF AN ELECTION TO FILE IS MADE.
  3. A PERSON TO WHOM A VICTIM NOTICE HAS BEEN ISSUED PURSUANT  TO  THIS
SECTION  MAY,  IF  HE  OR SHE SO ELECTS, FILE, BY MAIL OR IN PERSON, THE
VICTIM NOTICE AT THE PLACE INDICATED IN PARAGRAPH  (A)  OR  SUBPARAGRAPH
(I)  OF  PARAGRAPH  (B)  OF  SUBDIVISION TWO OF THIS SECTION.  WHERE THE
NOTICE HAS BEEN FILED AT THE PLACE SET FORTH IN PARAGRAPH (A) OF  SUBDI-
VISION  TWO  OF THIS SECTION, IT SHALL BE THE DUTY OF THE POLICE OFFICER
WHO APPEARS AT THE ARRAIGNMENT ON THE FIRST ACCUSATORY INSTRUMENT  FILED
IN  ANY CRIMINAL ACTION BASED UPON THE CRIME TO SUBMIT THE VICTIM NOTICE
TO THE CLERK OF THE COURT.  WHERE A VICTIM NOTICE HAS BEEN SO SUBMITTED,
OR WHERE A VICTIM NOTICE IS FILED WITH THE COURT INDICATED  IN  SUBPARA-
GRAPH  (I) OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, IT SHALL
BE THE DUTY OF THE CLERK OF THE COURT OR THE CLERK OF THE PART TO ATTACH
THE NOTICE TO THE ACCUSATORY INSTRUMENT.
  4.  A VICTIM NOTICE FILED WITH AN ACCUSATORY INSTRUMENT MUST BE TRANS-
MITTED TO ANY COURT THAT SUBSEQUENTLY ACQUIRES JURISDICTION OF THE CRIM-
INAL ACTION AND MUST BE ATTACHED  TO  THE  ACCUSATORY  INSTRUMENT  FILED
THEREIN.    IT  ALSO  SHALL  BE  ATTACHED  TO ALL SUPERSEDING ACCUSATORY
INSTRUMENTS.
  5. IF A SENTENCE IS IMPOSED OR  OTHER  COURT  ORDER  ISSUED  REQUIRING
CUSTODIAL  PLACEMENT,  THE  CLERK  OF THE COURT OR THE CLERK OF THE PART
SHALL TRANSMIT A VICTIM NOTICE TO THE CUSTODIAL INSTITUTION WHERE PLACE-
MENT IS TO OCCUR.  FURTHER, IF AT ANY TIME THE ORIGINAL CUSTODIAL INSTI-
TUTION TRANSFERS AN INDIVIDUAL TO  ANY  OTHER  CUSTODIAL  INSTITUTION  A
VICTIM NOTICE SHALL ACCOMPANY SUCH TRANSFER.
S 740.20 NOTIFICATION OF VICTIM.
  1.  WHEN  A VICTIM NOTICE HAS BEEN FILED PURSUANT TO SECTION 740.15 OF
THIS ARTICLE AND A VICTIM OR A FAMILY MEMBER  HAS  INDICATED  THEREIN  A
WISH  TO  BE  ADVISED  AS  TO  COURT  PROCEEDINGS IN THE CRIMINAL ACTION
INVOLVING THE CRIME, THEN NO COURT SHALL MAKE ANY DISCRETIONARY DISPOSI-
TION IN THE ACTION UNLESS THE VICTIM OR FAMILY MEMBER WHO HAS FILED  THE
NOTICE  IS  PRESENT OR THE COURT HAS ASCERTAINED THAT REASONABLE EFFORTS
HAVE BEEN MADE TO GIVE SUCH PERSON AT LEAST  TWENTY-FOUR  HOURS  ADVANCE
NOTICE OF THE FACT THAT A DISCRETIONARY DISPOSITION IS TO BE MADE IN THE
ACTION.
  2. WHERE THE VICTIM OR FAMILY MEMBER WHO HAS FILED THE NOTICE IS PRES-
ENT,  THE  COURT  SHALL  NOT  MAKE  ANY DISCRETIONARY DISPOSITION IN THE
ACTION UNLESS THE COURT FIRST ADVISES SUCH PERSON OF THE SUBJECT  MATTER
OF  THE  DISPOSITION  TO  BE MADE AND ASKS SUCH PERSON WHETHER HE OR SHE
WISHES TO MAKE A STATEMENT WITH RESPECT THERETO.  IF SUCH PERSON  WISHES
TO  MAKE A STATEMENT, THE COURT SHALL GRANT HIM OR HER AN OPPORTUNITY TO
DO SO BEFORE MAKING A DISCRETIONARY DISPOSITION.
  3. WHETHER OR NOT A VICTIM OR FAMILY MEMBER WHO  HAS  FILED  A  VICTIM
NOTICE  APPEARS  IN COURT, THE CLERK OF THE COURT SHALL PROMPTLY FORWARD
BY MAIL TO ANY PERSON WHO HAS FILED A VICTIM NOTICE A NOTIFICATION AS TO
THE FOLLOWING EVENTS:
  (A) ANY DISCRETIONARY DISPOSITION, INCLUDING THE SPECIFICS THEREOF;
  (B) ANY DISMISSAL OF THE ACCUSATORY INSTRUMENT; AND
  (C) ANY REVERSAL OR MODIFICATION  OF  THE  JUDGMENT  BY  AN  APPELLATE
COURT.

S. 643                              4

  4.  WHEN  A VICTIM NOTICE HAS BEEN TRANSMITTED PURSUANT TO SUBDIVISION
FIVE OF SECTION 740.15 OF THIS ARTICLE AND A VICTIM OR FAMILY MEMBER HAS
INDICATED THEREIN A WISH  TO  BE  ADVISED  OF  CRIMINAL  JUSTICE  AGENCY
ACTIONS, THEN NO CUSTODIAL INSTITUTION SHALL RELEASE, DISCHARGE, PAROLE,
FURLOUGH,  GRANT  TEMPORARY  PASS,  GRANT  WORK  RELEASE PRIVILEGES TO A
PERSON IN ITS CUSTODY UNLESS IT SHALL FORWARD BY MAIL NOTICE,  AT  LEAST
EIGHT  DAYS,  EXCLUDING  SATURDAYS,  SUNDAYS AND HOLIDAYS, IN ADVANCE OF
SUCH PERSON'S CHANGE OF STATUS, TO THE VICTIM OR FAMILY MEMBER.
  5. WHEN A VICTIM NOTICE HAS BEEN FILED PURSUANT TO SECTION  740.15  OF
THIS  ARTICLE  AND  A  VICTIM OR A FAMILY MEMBER HAS INDICATED THEREIN A
WISH TO BE ADVISED OF CRIMINAL JUSTICE  AND  LAW  ENFORCEMENT  AGENCIES'
ACTIONS THEN IT SHALL BE THE DUTY, WHENEVER POSSIBLE, OF THE INVESTIGAT-
ING  POLICE OFFICER AND DISTRICT ATTORNEY OR AN EMPLOYEE OF THE DISTRICT
ATTORNEY TO INFORM A VICTIM,  UPON  ORAL  OR  WRITTEN  REQUEST,  OF  THE
PROGRESS,  STATUS  OR  RESULTS  OF  AN  INVESTIGATION OR THE PROGRESS OR
STATUS OF A CASE WHICH IS BASED UPON THE CRIME OF WHICH HE OR SHE WAS  A
VICTIM.    HOWEVER,  DISCLOSURE  OF  INFORMATION  MAY BE WITHHELD FROM A
VICTIM IF SUCH INFORMATION IS CONFIDENTIAL OR COULD POTENTIALLY  COMPRO-
MISE THE RESULTS OF AN INVESTIGATION OR PROSECUTION AS THE CASE MAY BE.
S 740.25  VICTIM FINANCIAL AND SOCIAL SERVICES ASSISTANCE INFORMATION.
  NOTWITHSTANDING  THE  ABSENCE  OF  FILING  A VICTIM NOTICE, WHENEVER A
VICTIM SHALL GIVE INFORMATION TO A  POLICE  OFFICER  OR  TO  A  DISTRICT
ATTORNEY  OR  AN  EMPLOYEE  OF A DISTRICT ATTORNEY CONCERNING A CRIME OF
WHICH HE OR SHE IS A VICTIM, SUCH OFFICER, DISTRICT ATTORNEY OR EMPLOYEE
SHALL, TO THE BEST OF THEIR ABILITY, PROVIDE THE VICTIM WITH INFORMATION
ABOUT FINANCIAL  AND  SOCIAL  SERVICES  ASSISTANCE  AVAILABLE  TO  CRIME
VICTIMS.   THIS INFORMATION SHALL INCLUDE, BUT IS NOT LIMITED TO, INFOR-
MATION ABOUT AVAILABLE:  RAPE CRISIS CENTERS; VICTIM/WITNESS  ASSISTANCE
PROGRAMS; ELDERLY VICTIM PROJECTS; THE OFFICE OF VICTIM SERVICES; VICTIM
ASSISTANCE HOTLINES; AND DOMESTIC VIOLENCE SHELTERS AND PROGRAMS.
  S  3.  Subparagraph  (A)  of paragraph (c) of subdivision 2 of section
259-i of the executive law, as amended by section 38-f-1 of subpart A of
part C of chapter 62 of the laws of 2011, is amended to read as follows:
  (A) Discretionary release on parole shall not be granted merely  as  a
reward  for  good  conduct  or  efficient  performance  of  duties while
confined but after considering if  there  is  a  reasonable  probability
that,  if  such  inmate  is released, he will live and remain at liberty
without violating the law, and that his release is not incompatible with
the welfare of society and will not so deprecate the seriousness of  his
crime  as  to  undermine  respect  for law. In making the parole release
decision, the procedures adopted pursuant to subdivision four of section
two hundred fifty-nine-c of this article shall require that the  follow-
ing  be considered: (i) the institutional record including program goals
and accomplishments, academic achievements, vocational education, train-
ing or  work  assignments,  therapy  and  interactions  with  staff  and
inmates;  (ii)  performance,  if  any,  as  a participant in a temporary
release program; (iii)  release  plans  including  community  resources,
employment, education and training and support services available to the
inmate;  (iv)  any  deportation  order  issued by the federal government
against the inmate while in the custody of the department and any recom-
mendation regarding deportation made by the commissioner of the  depart-
ment  pursuant to section one hundred forty-seven of the correction law;
(v) any statement made to the board by the crime victim or the  victim's
representative,  where  the  crime  victim is deceased or is mentally or
physically incapacitated; (vi) the length of the determinate sentence to
which the inmate would be subject had he  or  she  received  a  sentence

S. 643                              5

pursuant to section 70.70 or section 70.71 of the penal law for a felony
defined  in article two hundred twenty or article two hundred twenty-one
of the penal law; (vii) the seriousness of the offense with due  consid-
eration  to the type of sentence, length of sentence and recommendations
of the sentencing court, the district attorney,  the  attorney  for  the
inmate,  the  pre-sentence  probation report as well as consideration of
any mitigating and aggravating factors, and activities following  arrest
prior  to  confinement;  and (viii) prior criminal record, including the
nature and pattern of offenses, adjustment to any previous probation  or
parole  supervision  and  institutional  confinement.  The  board  shall
provide toll free telephone access for crime victims. [In the case of an
oral statement made in accordance with subdivision one of section 440.50
of the criminal procedure law, the parole board member shall  present  a
written  report  of the statement to the parole board.] A crime victim's
representative shall mean the crime victim's closest surviving relative,
the committee or guardian of such person, or the legal representative of
any such person. Such statement submitted  by  the  victim  or  victim's
representative  may include information concerning threatening or intim-
idating conduct toward the victim, the victim's representative,  or  the
victim's  family,  made  by the person sentenced and occurring after the
sentencing. Such information may include, but need not  be  limited  to,
the threatening or intimidating conduct of any other person who or which
is directed by the person sentenced.
  S  4. Paragraph (b) of subdivision 2 of section 646-a of the executive
law, as added by chapter 67 of the laws of 1994, is amended to  read  as
follows:
  (b)  the  rights  of crime victims to routine notification of judicial
proceedings relating to their case as provided in  section  six  hundred
forty-one of this article[,] AND in section 330.20[, and section 440.50]
of  the  criminal procedure law [and section one hundred forty-nine-a of
the correction law];
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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