S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1185
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced by M. of A. SIMANOWITZ, M. G. MILLER, HOOPER -- read once and
   referred to the Committee on Correction
 
 AN  ACT  to  amend  the executive law and the criminal procedure law, in
   relation to victims' rights to parole information and notice of  crime
   disposition

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) 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) (i) Except as provided in subparagraph (ii) of this paragraph,  at
 least  one  month  prior  to  the date on which an inmate may be paroled
 pursuant to subdivision one of section 70.40 of the penal law, a  member
 or  members  as  determined  by  the rules of the board shall personally
 interview such inmate and determine whether  he  should  be  paroled  in
 accordance  with  the guidelines adopted pursuant to subdivision four of
 section two hundred fifty-nine-c of  this  article.  If  parole  is  not
 granted upon such review, the inmate shall be informed in writing within
 two  weeks of such appearance of the factors and reasons for such denial
 of parole. Such reasons shall be given in detail and not  in  conclusory
 terms.  The  board shall specify a date not more than twenty-four months
 from such determination for reconsideration, and the  procedures  to  be
 followed  upon  reconsideration  shall  be  the  same.  If the inmate is
 released, he shall be given a copy of the  conditions  of  parole.  Such
 conditions shall where appropriate, include a requirement that the paro-
 lee comply with any restitution order, mandatory surcharge, sex offender
 registration  fee  and DNA databank fee previously imposed by a court of
 competent jurisdiction that applies to the parolee. The conditions shall
 indicate which restitution collection agency established under  subdivi-
 sion  eight  of  section  420.10 of the criminal procedure law, shall be
 responsible for collection  of  restitution,  mandatory  surcharge,  sex
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03474-01-7

 A. 1185                             2
 
 offender  registration  fees  and  DNA  databank fees as provided for in
 section 60.35 of the penal law and section eighteen hundred nine of  the
 vehicle  and  traffic  law.  IF  PAROLE  IS  GRANTED, A STATEMENT OF THE
 REASONS  FOR  GRANTING  PAROLE  SHALL  BE STATED IN WRITING AND SHALL BE
 PROVIDED, WITHIN A REASONABLE TIME AFTER SUCH DECISION, TO A  VICTIM  OR
 VICTIM'S  REPRESENTATIVE WHO HAS FILED A STATEMENT PURSUANT TO PARAGRAPH
 (C) OF THIS SUBDIVISION.
   (ii) Any inmate who is scheduled for presumptive release  pursuant  to
 section  eight hundred six of the correction law shall not appear before
 the board as provided in subparagraph (i) of this paragraph unless  such
 inmate's  scheduled  presumptive  release  is  forfeited,  canceled,  or
 rescinded subsequently as provided in  such  law.  In  such  event,  the
 inmate  shall  appear  before  the  board  for  release consideration as
 provided in subparagraph (i) of this paragraph as soon thereafter as  is
 practicable.
   §  2. Paragraph (a) of subdivision 2 of section 259-i of the executive
 law, as amended by section 38-f-2 of subpart A of part C of  chapter  62
 of the laws of 2011, is amended to read as follows:
   (a)  At  least one month prior to the expiration of the minimum period
 or periods of imprisonment fixed by the court  or  board,  a  member  or
 members  as determined by the rules of the board shall personally inter-
 view an inmate serving an indeterminate sentence and  determine  whether
 he  should be paroled at the expiration of the minimum period or periods
 in accordance with the procedures adopted pursuant to  subdivision  four
 of  section  two  hundred fifty-nine-c OF THIS ARTICLE. If parole is not
 granted upon such review, the inmate shall be informed in writing within
 two weeks of such appearance of the factors and reasons for such  denial
 of  parole.  Such reasons shall be given in detail and not in conclusory
 terms. The board shall specify a date not more than  twenty-four  months
 from  such  determination  for reconsideration, and the procedures to be
 followed upon reconsideration shall  be  the  same.  If  the  inmate  is
 released,  he  shall  be  given a copy of the conditions of parole. Such
 conditions shall where appropriate, include a requirement that the paro-
 lee comply with any restitution order and mandatory surcharge previously
 imposed by a court of competent jurisdiction that applies to  the  paro-
 lee.  The  conditions shall indicate which restitution collection agency
 established under subdivision eight of section 420.10  of  the  criminal
 procedure  law,  shall  be responsible for collection of restitution and
 mandatory surcharge as provided for in section 60.35 of  the  penal  law
 and  section  eighteen  hundred  nine of the vehicle and traffic law. IF
 PAROLE IS GRANTED, A STATEMENT OF THE REASONS FOR GRANTING PAROLE  SHALL
 BE  STATED  IN  WRITING  AND SHALL BE PROVIDED, WITHIN A REASONABLE TIME
 AFTER SUCH DECISION, TO A VICTIM  OR  VICTIM'S  REPRESENTATIVE  WHO  HAS
 FILED A STATEMENT PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
   § 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] FIFTEEN 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 indeterminate sentence, the notice provided to the crime victim shall

 A. 1185                             3
 
 also  inform  the victim of his or her right to submit a written, audio-
 taped, 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  state-
 ment  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.
   §  4.  This  act  shall  take  effect April 1, 2017; provided that the
 amendments to paragraph (a) of subdivision 2 of  section  259-i  of  the
 executive  law  made  by section one of this act shall be subject to the
 expiration and reversion of such paragraph pursuant to subdivision d  of
 section  74 of chapter 3 of the laws of 1995, as amended, when upon such
 date the provisions of section two of this act shall take effect.