NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5684
SPONSOR: Eachus TITLE OF BILL:
An act to amend the executive law and the criminal procedure law, in
relation to providing notice to the crime victim or victim's represen-
tative that a parolee or releasee is being discharged or released
PURPOSE OR GENERAL IDEA OF BILL:
To provide that when a parolee or release is being discharged or
released from parole or community supervision that the crime victim or
their representative be provided notice and that any determination of
the•same consider any prior victims impact statements.
SUMMARY OF PROVISIONS:
Section 1 amends section 259-j of the executive law to provide the board
of parole when making a determination of a discharge to presumptive
release, parole, conditional release or post-release supervision it
provides notice of the same to the crime victim or their representative
and it considers any previous victim impact statements.
Section 2 amends section 410.90 of the criminal procedure law to provide
that a court when considering a petition to terminate a period of
probation or lifetime probation it must consider prior victims impact
statements and that notice has been made to the crime victim or their
representative.
Section 3 sets the effective date.
JUSTIFICATION:
Currently, the parole board must consider victim impact statements from
the crime victim or the victim's representative-only when an inmate is
first being considered for parole. If the individual is granted parole
and otherwise put on supervision, probation or some other post-convic-
tion release, the crime victim or their representative is not provided
with notice that the individual has had their post-conviction release
terminated nor must the court or parole board again consider their
victims impact statements. This legislation would again give voice to
crime victims to ensure that they are informed when the parolee or
releasee is fully released and that at every step of the way the voice
of the victim is considered.
PRIOR LEGISLATIVE HISTORY:
2023-24 A5703: Referred to Governmental Operations, S7788: Referred to
Crime Victims, Crime and Correction
2021-22 A8812: Referred to Governmental. Operations, S7412: Referred to
Crime Victims, Crime and Correction
2019-20 No Same-As, S3075: Referred to Energy and Telecommunications
2017-18 No Same-As, S3685: Referred to Energy and Telecommunications
2015-16 No Same-As, 52840: Referred to Energy and Telecommunications
2013-14 A8590: Referred to Energy, S1924: Referred to Energy and Tele-
communications
2011-12 No Same-As, S1249: Referred to Energy and Telecommunications
2009-10 A8714: Passed Assembly, S8304: Referred to Rules
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
5684
2025-2026 Regular Sessions
IN ASSEMBLY
February 19, 2025
___________
Introduced by M. of A. EACHUS, SAYEGH, TANNOUSIS -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the executive law and the criminal procedure law, in
relation to providing notice to the crime victim or victim's represen-
tative that a parolee or releasee is being discharged or released
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 2 and 3 of section 259-j of the executive
2 law, as amended by section 38-g of subpart A of part C of chapter 62 of
3 the laws of 2011, are amended to read as follows:
4 1. Except where a determinate sentence was imposed for a felony other
5 than a felony defined in article two hundred twenty or article two
6 hundred twenty-one of the penal law, if the board of parole is satisfied
7 that an absolute discharge from presumptive release, parole, conditional
8 release or release to a period of post-release supervision is in the
9 best interests of society, the board may grant such a discharge prior to
10 the expiration of the full term or maximum term to any person who has
11 been on unrevoked community supervision for at least three consecutive
12 years. A discharge granted under this section shall constitute a termi-
13 nation of the sentence with respect to which it was granted. No such
14 discharge shall be granted unless: (a) the board is satisfied that the
15 parolee or releasee, otherwise financially able to comply with an order
16 of restitution and the payment of any mandatory surcharge, sex offender
17 registration fee or DNA databank fee previously imposed by a court of
18 competent jurisdiction, has made a good faith effort to comply
19 therewith; (b) the crime victim or victim's representative is provided
20 notice that the discharged parolee or releasee is having their sentence
21 discharged; and (c) the board considers any current or former statements
22 made to it by a crime victim or victim's representative pursuant to
23 paragraph (c) of subdivision two of section two hundred fifty-nine-i of
24 this article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08905-01-5
A. 5684 2
1 2. The [chairman] chair of the board of parole shall promulgate rules
2 and regulations governing: (a) the issuance of discharges from community
3 supervision pursuant to this section to assure that such discharges are
4 consistent with public safety; and (b) the notice provided to the crime
5 victim or victim's representative that the parolee or releasee is being
6 discharged from community supervision.
7 3. Notwithstanding any other provision of this section to the contra-
8 ry, where a term of post-release supervision in excess of five years has
9 been imposed on a person convicted of a crime defined in article one
10 hundred thirty of the penal law, including a sexually motivated felony,
11 the board of parole may grant a discharge from post-release supervision
12 prior to the expiration of the maximum term of post-release supervision.
13 Such a discharge may be granted only after the person has served at
14 least five years of post-release supervision, and only to a person who
15 has been on unrevoked post-release supervision for at least three
16 consecutive years. No such discharge shall be granted unless the board
17 of parole or the department acting pursuant to its responsibility under
18 subdivision one of section two hundred one of the correction law
19 consults with any licensed psychologist, qualified psychiatrist, or
20 other mental health professional who is providing care or treatment to
21 the supervisee; and the board: (a) determines that a discharge from
22 post-release supervision is in the best interests of society; [and] (b)
23 is satisfied that the supervisee, otherwise financially able to comply
24 with an order of restitution and the payment of any mandatory surcharge,
25 sex offender registration fee, or DNA [data bank] databank fee previous-
26 ly imposed by a court of competent jurisdiction, has made a good faith
27 effort to comply therewith; (c) notifies the crime victim or victim's
28 representative that the individual is being released from post-release
29 supervision; and (d) considers any current or prior statements made to
30 it by a crime victim or victim's representative pursuant to paragraph
31 (c) of subdivision two of section two hundred fifty-nine-i of this arti-
32 cle. Before making a determination to discharge a person from a period
33 of post-release supervision, the board of parole may request that the
34 commissioner of the office of mental health arrange a psychiatric evalu-
35 ation of the supervisee. A discharge granted under this section shall
36 constitute a termination of the sentence with respect to which it was
37 granted.
38 § 2. Section 410.90 of the criminal procedure law is amended by adding
39 a new subdivision 4 to read as follows:
40 4. In no event may a court terminate a period of probation or a life-
41 time probation pursuant to this section unless:
42 (a) notice is provided to the crime victim or the victim's represen-
43 tative that the defendant's probation is being terminated; and
44 (b) the court considers any current or former statements made by the
45 crime victim or victim's representative pursuant to paragraph (c) of
46 subdivision two of section two hundred fifty-nine-i of the executive
47 law.
48 § 3. This act shall take effect on the sixtieth day after it shall
49 have become a law. Effective immediately, the addition, amendment and/or
50 repeal of any rule or regulation necessary for the implementation of
51 this act on its effective date are authorized to be made and completed
52 on or before such effective date.
