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

1 Co-sponsor

• James L. Seward

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.