New York Assembly Bill A00267 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 267 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. EACHUS -- read once and referred to the Committee on Correction AN ACT to amend the executive law, in relation to notification of certain persons upon the conditional release of an incarcerated indi- vidual 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 Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 259-c of the executive law, as 2 amended by section 38-b of subpart A of part C of chapter 62 of the laws 3 of 2011, is amended to read as follows: 4 2. have the power and duty of determining the conditions of release of 5 the person who may be presumptively released, conditionally released or 6 subject to a period of post-release supervision under an indeterminate 7 or determinate sentence of imprisonment. Where an incarcerated individ- 8 ual to be conditionally released was convicted of a crime and the victim 9 is or was a member of the same family or household as the incarcerated 10 individual it shall be the duty of the board at least one week prior to 11 the release to notify the victim or victims of such offense, unless the 12 victim refuses or the victim's whereabouts are unknown, that the incar- 13 cerated individual is being released and of the conditions of such 14 release. Such notification shall be sent by electronic mail when the 15 electronic mail address of the victim or victims is available, and when 16 it is not, by certified mail to the last known address of the victim or 17 victims. When such address is a shelter for victims of domestic abuse 18 notice shall also be given to the director or administrator of such 19 shelter. For purposes of this subdivision, "members of the same family 20 or household" shall mean the following: 21 (a) persons related by consanguinity or affinity; 22 (b) persons legally married to one another; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01397-01-5 
 A. 267 2 1 (c) persons formerly married to one another; 2 (d) persons who have a child in common, regardless of whether such 3 persons have been married or have lived together at any time; 4 § 2. Subdivision 2 of section 259-c of the executive law, as amended 5 by chapter 322 of the laws of 2021, is amended to read as follows: 6 2. have the power and duty of determining the conditions of release of 7 the person who may be conditionally released or subject to a period of 8 post-release supervision under an indeterminate or reformatory sentence 9 of imprisonment and of determining which incarcerated individuals serv- 10 ing a definite sentence of imprisonment may be conditionally released 11 and when and under what conditions. Where an incarcerated individual to 12 be conditionally released was convicted of a crime and the victim is or 13 was a member of the same family or household as the incarcerated indi- 14 vidual it shall be the duty of the board at least one week prior to the 15 release to notify the victim or victims of such offense, unless the 16 victim refuses or the victim's whereabouts are unknown, that the incar- 17 cerated individual is being released and of the conditions of such 18 release. Such notification shall be sent by electronic mail when the 19 electronic mail address of the victim or victims is available, and when 20 it is not, by certified mail to the last known address of the victim or 21 victims. When such address is a shelter for victims of domestic abuse 22 notice shall also be given to the director or administrator of such 23 shelter. For purposes of this subdivision, "members of the same family 24 or household" shall mean the following: 25 (a) persons related by consanguinity or affinity; 26 (b) persons legally married to one another; 27 (c) persons formerly married to one another; 28 (d) persons who have a child in common, regardless of whether such 29 persons have been married or have lived together at any time; 30 § 3. This act shall take effect on the sixtieth day after it shall 31 have become a law; provided that the amendments to subdivision 2 of 32 section 259-c of the executive law, made by section one of this act, 33 shall not affect the expiration and reversion of such subdivision and 34 shall expire therewith, when upon such date the provisions of section 35 two of this act shall take effect; and shall apply to all incarcerated 36 individuals conditionally released on or after the effective date of 37 this act.