What's happening
This bill requires that victims who are family or household members be notified before an inmate convicted of a crime against them is conditionally released.
Why it matters
Expands victim notification requirements. to ensure that individuals who were victims of crimes committed by family or household members are directly informed before the offender’s conditional release, giving them time to prepare or seek protection.
Defines “family or household member” broadly. , covering not only spouses and relatives but also ex-spouses and people who share a child, addressing a wide range of domestic and intimate partner violence situations.
Mandates specific notification procedures. , including the use of email (if available) or certified mail, and requires notifying shelter directors when the victim resides in a domestic violence shelter, increasing the likelihood that vulnerable victims receive timely notice.
Could improve victim safety and empowerment. by ensuring victims are not caught by surprise when an offender is released, potentially allowing them to make legal, logistical, or emotional preparations in advance.
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Who cares
Headline styles
Notify Victims of Inmate Release
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1092
- Reported and committed to finance
- Referred to crime victims, crime and correction
- Returned to senate
- Died in assembly
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 61–2
- Ordered to third reading cal.1530
Show 3 earlier actions
- Reported and committed to rules
- Reported and committed to finance
- Referred to crime victims, crime and correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1186
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sen. MARCELLINO -- 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 notification of certain persons upon the conditional release of an inmate convicted of a crime against a member of the same family or household
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 259-c of the executive law, as amended by section 38-b of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:
2. have the power and duty of determining the conditions of release of the person who may be presumptively released, conditionally released or subject to a period of post-release supervision under an indeterminate or determinate sentence of imprisonment. Where an inmate to be conditionally released was convicted of a crime and the victim is or was a member of the same family or household as the inmate it shall be the duty of the board at least one week prior to the release to notify the victim or victims of such offense, unless the victim refuses or his or her whereabouts are unknown, that the inmate is being released and of the conditions of such release. Such notification shall be sent by electronic mail when the electronic mail address of the victim or victims is available, and when it is not, by certified mail to the last known address of the victim or victims. When such address is a shelter for victims of domestic abuse notice shall also be given to the director or administrator of such shelter. For purposes of this subdivision, "members of the same family or household" shall mean the following:
(a) persons related by consanguinity or affinity;
(b) persons legally married to one another;
(c) persons formerly married to one another;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05827-01-7
S. 1186 2
(d) persons who have a child in common, regardless of whether such persons have been married or have lived together at any time;
§ 2. Subdivision 2 of section 259-c of the executive law, as added by chapter 904 of the laws of 1977 and amended by chapter 1 of the laws of 1998, is amended to read as follows:
2. have the power and duty of determining the conditions of release of the person who may be conditionally released or subject to a period of post-release supervision under an indeterminate or reformatory sentence of imprisonment and of determining which inmates serving a definite sentence of imprisonment may be conditionally released and when and under what conditions. Where an inmate to be conditionally released was convicted of a crime and the victim is or was a member of the same family or household as the inmate it shall be the duty of the board at least one week prior to the release to notify the victim or victims of such offense, unless the victim refuses or his or her whereabouts are unknown, that the inmate is being released and of the conditions of such release. Such notification shall be sent by electronic mail when the electronic mail address of the victim or victims is available, and when it is not, by certified mail to the last known address of the victim or victims. When such address is a shelter for victims of domestic abuse notice shall also be given to the director or administrator of such shelter. For purposes of this subdivision, "members of the same family or household" shall mean the following:
(a) persons related by consanguinity or affinity;
(b) persons legally married to one another;
(c) persons formerly married to one another;
(d) persons who have a child in common, regardless of whether such persons have been married or have lived together at any time;
§ 3. This act shall take effect on the sixtieth day after it shall have become a law; provided that the amendments to subdivision 2 of section 259-c of the executive law, made by section one of this act, shall not affect the expiration and reversion of such subdivision and shall expire therewith, when upon such date the provisions of section two of this act shall take effect; and shall apply to all inmates conditionally released on or after the effective date of this act.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to notification of certain persons upon the conditional release of an inmate convicted of a crime against a member of the same family or household
Purpose
Provides that where an inmate to be conditionally released was convicted of a domestic violence offense, the Board of Parole shall notify the victim of such offense of the release and the conditions of such release; provides such notice may also be required to be sent to a shelter for victims of domestic violence.
Summary of provisions
Section 1 of the bill adds a notification requirement to the process of conditionally releasing prisoners from jail whereby the Board of Parole is required to send an e-mail or if not available, a letter by certified mail to the victim.
Justification
Domestic violence continues to be one of the most troubling problems facing New York. One of the complexities of this issue is that the perpetrator is often a repeat offender, unable or unwilling to moderate their behavior and control their anger. Because of this dysfunction, domestic violence offenders often immediately seek out the person who originally had the courage to press charges. It is imperative that New York State adopt a policy to ensure that victims are notified of their attackers' release.
Legislative history
S.449 of 2015/16
Fiscal implications
None.
Effective date
This act shall take effect on the sixtieth day after it shall have become a law; provided that the amendments to subdivision 2 of section 259-c of the executive law, made by section one of this act, shall not affect the expiration and reversion of such subdivision and shall expire therewith, when upon such date section two of this act shall take effect; and shall apply to all inmates conditionally released on or after the effective date of this act.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.