Requires crime victims, upon request, to be notified of parole release interview of perpetrator of crime against such victim not later than sixty days prior to such interview; notice shall identify the nature of the hearing, the location and time of hearing and inform victim that he or she shall be permitted to submit a written statement to such hearing.
BILL NUMBER: S773
TITLE OF BILL : An act to amend the executive law, in relation to certain notifications to crime victims
PURPOSE : This bill requires crime victims, upon request, to be notified of parole hearing of perpetrator of crimes.
SUMMARY OF PROVISIONS : Section 1: While current regulations allow a crime victim to submit a victim impact statement to the Parole Board, there is no provision to notify the crime victim when the parole hearing would be held. This bill corrects such a situation by requiring that a notice must be sent by first class mail to certain crime victims at their last known address not later than 60 days prior to the hearing.
This bill defines "crime victims" as those who sustained personal injuries or loss of property directly as a result of the criminal conduct for which the inmate has been incarcerated; the widow, widower or closest surviving relative of a deceased victim; the spouse, parent, committee, conservator, or guardian of such victim, in the event the victim is physically or mentally ill; or the legal representative of such victim.
JUSTIFICATION : Crime victims should be allowed input into the parole process. Therefore, they need to know when such parole hearings will be held. By notifying them of the date of such hearing, this bill corrects a perceived oversight in the law.
LEGISLATIVE HISTORY : 2005-2006: S.1079-A - Passed Senate; 2007 - Crime and Corrections; 2008 - Passed Senate.
FISCAL IMPLICATIONS : To be determined.
EFFECTIVE DATE : This act shall take effect on the sixtieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 773 2009-2010 Regular Sessions IN SENATE January 15, 2009 ___________Introduced by Sen. ALESI -- 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, in relation to certain notifications to crime victims 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 closing paragraph to read as follows: UPON THE REQUEST OF A CRIME VICTIM THAT SUCH CRIME VICTIM BE NOTIFIED OF ANY PAROLE RELEASE INTERVIEW TO BE CONDUCTED PURSUANT TO THIS CHAP- TER, CONCERNING THE PERPETRATOR OF THE CRIME AGAINST SUCH CRIME VICTIM, SUCH NOTIFICATION SHALL BE FORWARDED BY FIRST CLASS MAIL TO THE CRIME VICTIM'S LAST KNOWN ADDRESS, NOT LATER THAN SIXTY DAYS PRIOR TO SUCH INTERVIEW OR ANY DATE TO WHICH SUCH HEARING HAS BEEN ADJOURNED. SUCH NOTICE SHALL CLEARLY IDENTIFY THE NATURE OF THE INTERVIEW, THE LOCATION AND TIME OF SAME, AND SHALL INFORM SUCH CRIME VICTIM THAT HE OR SHE SHALL BE PERMITTED TO SUBMIT A WRITTEN, AUDIOTAPED, OR VIDEOTAPED CRIME VICTIM IMPACT STATEMENT TO THE STATE DIVISION OF PAROLE OR TO MEET PERSONALLY WITH A MEMBER OR MEMBERS OF THE STATE BOARD OF PAROLE AT A TIME AND PLACE SEPARATE FROM THE PERSONAL INTERVIEW BETWEEN A MEMBER OR MEMBERS OF THE STATE BOARD OF PAROLE, AND THAT THE CRIME VICTIM IMPACT STATEMENT WILL BE CONSIDERED BY THE STATE BOARD OF PAROLE AT SUCH HEAR- ING. "CRIME VICTIM", FOR PURPOSES OF THIS PARAGRAPH, SHALL MEAN (A) ONE WHO HAS SUSTAINED PHYSICAL OR FINANCIAL INJURY TO PERSON OR PROPERTY DIRECTLY ATTRIBUTABLE TO THE CRIMINAL CONDUCT FOR WHICH THE INMATE HAS BEEN INCARCERATED; (B) THE WIDOW, WIDOWER OR CLOSEST SURVIVING RELATIVE OF A DECEASED VICTIM; (C) IN THE EVENT OF A CRIME VICTIM WHO IS PHYS- ICALLY OR MENTALLY INCAPACITATED, THE SPOUSE, PARENT, COMMITTEE, CONSER- VATOR, OR GUARDIAN OF SUCH VICTIM; OR (D) THE LEGAL REPRESENTATIVE OF SUCH VICTIM.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01788-01-9 S. 773 2
S 2. Subdivision 14 of section 259-c of the executive law, as amended by chapter 320 of the laws of 2006, is amended to read as follows: 14. notwithstanding any other provision of law to the contrary, where a person serving a sentence for an offense defined in article one hundred thirty, one hundred thirty-five or two hundred sixty-three of the penal law or section 255.25, 255.26 or 255.27 of the penal law and the victim of such offense was under the age of eighteen at the time of such offense or such person has been designated a level three sex offen- der pursuant to subdivision six of section one hundred sixty-eight-l of the correction law, is released on parole or conditionally released OR PRESUMPTIVELY RELEASED pursuant to subdivision one or two of this section, the board shall require, as a mandatory condition of such release, that such sentenced offender shall refrain from knowingly entering into or upon any school grounds, as that term is defined in subdivision fourteen of section 220.00 of the penal law, or any other facility or institution primarily used for the care or treatment of persons under the age of eighteen while one or more of such persons under the age of eighteen are present, provided however, that when such sentenced offender is a registered student or participant or an employee of such facility or institution or entity contracting therewith or has a family member enrolled in such facility or institution, such sentenced offender may, with the written authorization of his or her parole offi- cer and the superintendent or chief administrator of such facility, institution or grounds, enter such facility, institution or upon such grounds for the limited purposes authorized by the parole officer and superintendent or chief officer. Nothing in this subdivision shall be construed as restricting any lawful condition of supervision that may be imposed on such sentenced offender. S 3. This act shall take effect on the sixtieth day after it shall have become a law.