Increases the mandatory surcharge and the crime victim's assistance fee which is levied upon any person convicted of a crime or violation in this state; creates a crime victim's lien which allows such recovery against a convicted offender in the amount of the unpaid portion of the mandatory surcharge or the crime victim's assistance fee; creates a crime victim's assistance account.
This bill (S 5019) expands eligibility for early sentence termination by making **all felony convictions** eligible for discharge, removing prior restrictions that excluded certain felonies under New York's Penal Law. It directly affects individuals serving felony sentences under community supervision who have completed **three consecutive years** without revocation. The parole board may grant discharge if it determines this is in society's best interest, provided the person has made a good-faith effort to pay restitution, fees, and surcharges. The discharge ends the sentence entirely for the affected offense, with no automatic eligibility. This changes the current law by removing exclusions for specific felony types.
Provides for a right to representation by counsel in any proceeding where an incarcerated individual is under consideration for release on parole and where such incarcerated individual is financially unable to retain counsel.
Retroactively adjusts the compensation of formerly incarcerated individuals who were unjustly convicted; exempts such adjusted income from state income taxes.
Establishes conviction integrity units; describes conviction integrity units; creates definitions; provides that a prosecution agency may create a conviction integrity unit to review convictions; provides that a conviction integrity unit may make recommendations for changes in convictions and sentences obtained by the prosecution agency; grants the prosecution agency discretion regarding the conviction integrity unit's recommendations; requires notice to the victim if a petition is filed by the prosecution agency; gives the superior court the discretion to provide relief.
This bill amends sentencing rules to allow victims to make statements at sentencing for specific misdemeanor cases. It directly affects victims of misdemeanors involving serious physical injury caused by vehicle-related offenses (like reckless driving) that were initially charged as felonies. The key provision requires courts to permit victim statements if requested at least 10 days before sentencing, and to notify defendants of this intent at least 7 days prior. If defendants don't receive timely notice, they may request a sentencing delay. The bill does not change sentencing outcomes but adds a procedural step for victim input in these defined cases.
Requires the prosecution to disclose to defense counsel certain information relating to jailhouse informants; requires prosecutors to notify victims of the informant's crimes if the prosecutor has offered the informant a benefit in exchange for testimony or other cooperation.
Requires the notice to crime victims of case disposition to inform the victim of the right to attend interviews between the board of parole and the incarcerated individual in cases where the final disposition includes a felony defined in article one hundred twenty-five of the penal law that results in the commitment of the defendant to the custody of the department of corrections and community supervision for an indeterminate sentence; requires the board of parole to review victim impact statements, failure to review such statements shall make a hearing by the board of parole invalid.
Establishes a bill of rights for family members and visitors of incarcerated individuals including the establishment of an independent office for visitation oversight to monitor implementation, receive complaints, and ensure compliance.
Relates to incarcerated individuals wages; provides that incarcerated individuals shall be compensated at a base rate of $1.20 to $10 per day and shall be given biannual raises for adequate performance; provides that incarcerated individuals not participating in a work or program assignment due to age or frailty shall be paid $1.00 per day, adjusted every 5 years for cost of living.