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

                                  4493

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2009
                               ___________

Introduced  by  M.  of  A.  MAYERSOHN, ESPAILLAT, SCHIMMINGER, HOOPER --
  Multi-Sponsored by -- M.  of A. BRADLEY, COLTON, GALEF, PHEFFER, SWEE-
  NEY -- read once and referred to the Committee on  Governmental  Oper-
  ations

AN  ACT  to  amend  the executive law, in relation to fair treatment for
  crime victims and in relation  to  interim  probation  supervision  of
  offenders  who  are  subject  to  mandatory  indeterminate sentence of
  imprisonment

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

  Section  1. The executive law is amended by adding a new section 642-b
to read as follows:
  S 642-B. FAIR TREATMENT OF VICTIMS IN CASES WHERE THE DISTRICT  ATTOR-
NEY  IS  CONSIDERING  WAIVER  OF MANDATORY SENTENCE. 1. IN THE CASE OF A
VICTIM OF A FELONY, IF THE INDICTMENT BASED UPON  THAT  CRIMINAL  TRANS-
ACTION  CHARGES AN OFFENSE FOR WHICH AN INDETERMINATE SENTENCE OF IMPRI-
SONMENT MUST BE IMPOSED OR IF THE DEFENDANT IS A PERSON WHO BY REASON OF
A PRIOR FELONY CONVICTION WOULD BE SUBJECT TO AN INDETERMINATE  SENTENCE
OF  IMPRISONMENT  UPON  CONVICTION OF THE OFFENSE CHARGED IN THE INDICT-
MENT, THE RULES PROMULGATED BY THE COMMISSIONER OF THE DIVISION OF CRIM-
INAL JUSTICE SERVICES SHALL PROVIDE THAT THE DISTRICT ATTORNEY MUST GIVE
THE VICTIM NOTICE AND A STATEMENT OF REASONS IN WRITING  NOT  LESS  THAN
TEN DAYS PRIOR TO TAKING ANY OF THE FOLLOWING ACTIONS:
  (A)  CONSENTING  TO  A PLEA OF GUILTY THAT DOES NOT INCLUDE AT LEAST A
PLEA OF GUILTY TO AN OFFENSE THAT REQUIRES AN INDETERMINATE SENTENCE  OF
IMPRISONMENT;
  (B)  MOVING FOR OR CONSENTING TO DISMISSAL OF THE INDICTMENT OR OF ANY
COUNT THEREIN THAT CHARGES A CRIME FOR WHICH AN  INDETERMINATE  SENTENCE
OF IMPRISONMENT MUST BE IMPOSED; OR
  (C) MOVING FOR OR CONSENTING TO AN ADJOURNMENT OF SENTENCING TO A DATE
LATER THAN NINETY DAYS FROM THE DATE THE PLEA OR VERDICT WAS ENTERED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04497-01-9
              

A. 4493                             2

  2.  ANY SUCH NOTICE SHALL ADVISE THE VICTIM OF THE TIME AND PLACE WHEN
THE MOTION IS TO BE MADE OR THE CONSENT  IS  TO  BE  GIVEN  AND  OF  THE
VICTIM'S  RIGHT  TO  BE PRESENT AND TO SUBMIT A WRITTEN STATEMENT TO THE
COURT IN OPPOSITION TO THE COURT'S APPROVAL OF THE  DISMISSAL,  PLEA  OR
ADJOURNMENT.
  3. THE RULES PROMULGATED BY THE COMMISSIONER OF THE DIVISION OF CRIMI-
NAL  JUSTICE SERVICES SHALL REQUIRE THAT A COPY OF THE NOTICE AND STATE-
MENT OF REASONS BE FILED WITH THE DIVISION OF CRIMINAL JUSTICE  SERVICES
ALONG  WITH  A SUMMARY OF THE FINAL DISPOSITION OF EACH COUNT CHARGED IN
AN INDICTMENT AGAINST THE DEFENDANT AS A RESULT OF THE  CRIMINAL  TRANS-
ACTION  INVOLVING THAT VICTIM. AN ANALYSIS OF THIS MATERIAL SHALL BE SET
FORTH BY THE DIVISION IN ITS ANNUAL  REPORT  TO  THE  GOVERNOR  AND  THE
LEGISLATURE  AND THE DOCUMENTS AS FILED WITH THE DIVISION SHALL BE MAIN-
TAINED FOR A PERIOD OF THREE YEARS IN A  SPECIAL  FILE  WHICH  SHALL  BE
AVAILABLE FOR PUBLIC INSPECTION.
  4. THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
NOT  ALLOCATE  ANY FUNDS TO OR FOR THE USE OF A DISTRICT ATTORNEY UNLESS
THE  COMMISSIONER  IS  SATISFIED,  AFTER  SPECIFIC  INQUIRY,  THAT  SUCH
DISTRICT  ATTORNEY  IS  IN SUBSTANTIAL COMPLIANCE WITH THE PROVISIONS OF
THIS SECTION.
  S 2. Section 243 of the executive law  is  amended  by  adding  a  new
subdivision 5 to read as follows:
  5.  THE  RULES  ADOPTED BY THE DIRECTOR PURSUANT TO THIS SECTION SHALL
PROVIDE THAT PROBATION OFFICERS AND  CORRECTIONAL  ALTERNATIVE  PROGRAMS
SHALL  NOT ENGAGE IN SUPERVISION OF OR ADMINISTER COMMUNITY BASED ALTER-
NATIVE OR INTERIM PROGRAMS FOR OFFENDERS WHO HAVE PLEADED GUILTY  TO  OR
BEEN  FOUND  GUILTY  OF  A FELONY FOR WHICH AN INDETERMINATE SENTENCE OF
IMPRISONMENT IS REQUIRED UNDER THE PENAL LAW AND WHO ARE AWAITING  IMPO-
SITION OF SENTENCE.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall have become a law, provided however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of the foregoing sections of this act
on their effective date are authorized  and  directed  to  be  made  and
completed on or before such effective date.