Office for the Prevention of Domestic Violence

Law

Summary of New York State Domestic Violence and Related Laws by Subject (beginning from 1995)

Subject Categories

Probation/Parole/Corrections
Corrections and Parole Officer Access to Order of Protection Registry - A.7690 Weinstein/S.4248-A Golden

Allows certain local and state corrections officers, and parole officers, access to the statewide order of protection registry. Accessing the registry will allow officers to determine if an inmate or parolee is subject to an order and what conditions must be followed in the order.

Signed: September 27, 2013 Chapter 368

Effective: October 27, 2013

Amends:  Executive Law §221-a(4)

Probation Transfer  (A.10415-A Weinstein/S.7589-A Savino)

Amends a 2011 law that changed the transfer of probation cases when a probationer moved counties.  Under the new law, in family offense and child support cases, the court now has the discretion to keep the case in the original county or transfer the court case to the county where the probationer has moved.  This will allow future court actions, such as a violation of an order of protection, to be heard in either county, eliminating the need for the victim petitioner to travel to the respondent probationer’s new county of residence.

Signed: 2012 Chapter 470

Effective:  October 3, 2012 

Amends: Family Court Act §§171; 173; 175; 176(1)

2009 Omnibus Domestic Violence Bill  (A.9017 Weinstein/S.5031-A Hassell Thompson)

Makes numerous changes to various state laws, including:

  • requires law enforcement to forward domestic incident reports to probation and parole officers
  • provides for certain violation-level harassment convictions to remain unsealed and accessible to law enforcement, thereby, providing a more complete history of abuse – multiple sections/effective dates
  • provides greater protections to victims by adding the length of incarceration to the maximum expiration date previously allowed for orders of protections issued in misdemeanor and violation cases
  • protects victims of sexual assault committed by a family or household member by designating certain low-level sexual assault crimes as family offenses, requiring that mandatory arrest provisions apply and allowing victims to petition Family Court for orders of protection, which would be required to be filed with the statewide registry
  • requires judges to state on the record how domestic violence and/or child abuse were factored into custody and visitation decisions
  • strengthens domestic violence training requirements for attorneys for children (law guardians)

Signed:  2009 Chapter 476

Effective: December 19, 2009, except for multiple unsealed convictions provisions, which have varying effective dates

Amends:  Family Court Act §§249-b; 812; 821

Domestic Relations Law §240

Criminal Procedure Law §§530.11; 140.10; 160.55; 170.10; 530.12; 530.13

Incarceration Status  (A.714-B Pheffer/S.5092 Meir)

Expands victim access to information about the incarceration status of offenders.  Requires the Crime Victims’ Board to include in the crime victims’ brochure information about the VINE program (NYS Division of Parole's toll-free access to information about a defendant's incarceration status). Requires a District Attorney to consult with the victim of a violent felony offense on the disposition of a case and to notify the victim of the final disposition. Also requires the Department of Corrections to notify District Attorneys when inmates are released from state custody.

Signed: 2005 Chapter 186

Effective: September 1, 2005

Amends:  Executive Law §§642(1); 646-a(2)

Criminal Procedure Law §440.50(1)

Corrections Law §149

Temporary Release  (A.10761 Stringer/S.7581 Maltese)

Allows inmates convicted of assaulting/killing their abuser to be eligible for temporary release. Currently these inmates are barred from the temporary release program, which allows inmates to return to the community two years before their original release dates. Released inmates are supervised while they participate in education, training programs, and work. Applicants for early release must prove that they were subjected to substantial physical, sexual or psychological abuse by the victim of the crime. The Commissioner of Corrections must request and take into consideration the opinion of the prosecuting district attorney and sentencing judge in making a determination.

Signed: 2002 Chapter 251

Effective: July 31, 2002

Amends:  Correction Law §851(2-a)

Interim Probation Supervision  (A.8235 Lentol S.3519 Volker)

Expands allowable conditions of interim probation supervision to include electronic monitoring and any other reasonable condition necessary or appropriate to ameliorate the conduct which resulted in court involvement.

Signed: 1999 Chapter 216

Effective: October 4, 1999

Amends:  Criminal Procedure Law §390.30(6)

Parole Board Victim Confidentiality  (A.5515 DiNapoli/S.1126 Maltese)

Requires the NYS Parole Board to keep the name and address of a crime victim confidential when the victim submits a written statement to the board regarding the release of an inmate.

Signed: 1999, Chapter 40

Effective: May 10, 1999

Amends:  Executive Law §259-i(2)(c) 

Victim Impact Statement/Parole Hearing  (A.5982-A Sidikman/S.6710 Marcellino)

Provides for a crime victim to make a victim impact statement before the state parole board, either in person or in writing, each time an inmate comes before the board.

Signed: 1998 Chapter 367

Effective: July 14, 1998

Amends:  Criminal Procedure Law §440.50(1)

Audiotaped/Videotaped Victim Impact Statement  (A.10746-A Koon/S.6860-A Balboni)

Authorizes the victim of a crime, or the family of such victim if the victim has died, to make a separate audiotaped or videotaped victim impact statement to the State Division of Parole for each parole hearing held.

Signed: 1998 Chapter 611

Effective: October 6, 1998

Amends:  Criminal Procedure Law §440.50(1)

Victim Impact Statement/Inmate Conduct Post-Sentencing  (A.38-A Feldman/S.1587-A Volker)

Allows a crime victim who submits a written, or makes an in-person, victim impact statement at an inmate's parole hearing to include in such statement any information concerning threatening or intimidating conduct by the inmate that has occurred after sentencing, directed towards the victim, their representative or any family members.

Signed: 1997 Chapter 581

Effective: January 1, 1998

Amends:  Executive Law §259-i(2)(c)