Crime Committee Report e.indd - New York State Senate

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S.1340-A MONTGOMERY, DIAZ, DUANE, HASSELL-THOMPSON, KLEIN, ONORATO, PARKER, SAMPSON, THOMPSON Sexual Misconduct Commission The primary duties of the commission will be to investigate, evaluate and make recommendations with regard to the Problems of sexual misconduct in state correctional facilities. As such, the commission will make recommendations concerning any additional rules and regulations may be necessary to reduce the risk that correctional employees engage in unlawful and prohibited sexual contact with inmates. The commission shall consist of nine members to be appointed as follows: the Commissioner of the Department of Corrections or his or her duly designated representative; the Commissioner of the Division of Criminal Justice Services or his or her duly designated representative; three members shall be appointed by the Governor; one member shall be appointed by the Temporary President of the Senate and one member by the Minority Leader of the Senate; one member shall be appointed by the Speaker of the Assembly and one member shall be appointed by the Minority Leader of the Assembly. S.2932-A MONTGOMERY Merit Time This bill amends section 803 of the correction law to allow all inmates, except those serving a sentence imposed for murder in the first degree as defined in section 125.27 of the penal law, an offense defined in article one hundred thirty of the penal law, incest, an offense defined in article two hundred sixty three of the penal law, an act of terrorism as defined in article four hundred ninety of the penal law or aggravated harassment of an employee by an inmate. The merit time allowance would be one-sixth of an indeterminate and one-seventh of a determinate sentence. This section of the bill also expands the criteria that a person in the custody of the Department of Correctional Services (DOCS) may meet in order to earn merit time. The Merit Time program allows inmates who excel, attain educational and vocational degrees, and maintain a stellar disciplinary record the opportunity to present their case to the Parole Board earlier than they otherwise would have. The program promotes the rehabilitation of inmates, and thereby provides several significant benefits. Specifically, the program improves discipline within prison, enables the Parole Board to make better evaluations of an inmate’s ability to reintegrate into society, and saves the State millions of dollars. For these reasons the Governor’s Commission on Sentencing Reform recommended the program be expanded to allow violent offenders to participate. This bill accomplishes that goal. Standing Committee on Crime Victims, Crime and Correction | 2009-2010 Report 61
XX. 2011 Crime Legislative Agenda S.132 SAMPSON, DIAZ, HASSELL-THOMPSON, KRUEGER Gun Control This bill provides for the suspension of a firearm license for up to a one year period where the licensee is found to be under the influence of alcohol or a controlled substance while in possession of a loaded firearm in a public place or where the licensee refuses to submit to a chemical test by a police officer who has reasonable grounds to believe that such a violation has occurred. S.115 SAMPSON, DIAZ, HASSELL-THOMPSON Identity Theft Identity theft is an ongoing Crime in the State of New York. Some identity theft is overt such as using stolen identification at a local or online retailer. Other forms of identity theft rely on “phishing” or “social engineering”. Individuals masquerade as someone else in order to gain information. They may, for example, contact a bank to learn if a potential victim has funds in their account. Or, they may contact a large computing institution pretending to be an executive who “forgot” his/her password. Merely pretending to be someone else, without more, does not constitute a crime. This legislation would address this gap in the existing identity theft law. S.118-A SAMPSON, DIAZ, HASSELL-THOMPSON, KRUEGER Imitation Handguns An alarming trend of criminal activity such as burglaries, robberies, hostage situations and confrontations with police has employed the use of imitation weapons. Despite current state law which makes it illegal to manufacture or sell imitation weapons resembling actual firearms, New Yorkers continue to have access to them. As a result, individuals are dying needlessly at the hands of police officers who mistake these imitation weapons for actual firearms. This legislation not only encourages compliance by retailers and manufacturers, but empowers the State Attorney General to actively enforce federal standards. In addition, it provides individual consumers injured due to the sale of a nonconforming imitation gun a private right of action to sue the retailer for damages. In addition, this measure will help to reduce the threat of crimes committed using and incidents of fatalities by imitation weapons. S.122 SAMPSON, DIAZ, HASSELL-THOMPSON Theft Identity Adds medical information and health information to the definition of identity theft in Section 190.78-79 of the penal law, Section 899-aa of the general business law, and Section 208 of the state technology law. Defines medical information to mean “any information regarding an individual medical history, mental or physical condition, or medical treatment of diagnosis by a health care professional.” Defines health insurance information to mean “an individual’s health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual or any information in an individual’s application and claims history, including, but not limited to, appeals history. 62 New York State Senate
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NEW YORK STATE SENATE STANDING COMM
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New York State Senate Standing Comm
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What is all too often missing in ne
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XI. Re-entry Grants: 2009-2010 Cent
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XVIII. XIX. XX. S.3744 Transfer of
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I. 2009 Protecting The Right To Cou
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III. 2009-2010 Civil Legal Services
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IV. Stabilizing IOLA and Giving Str
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The Basics of Rockefeller Reform
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OASAS For instance, the Office of A
Page 22 and 23: • z The 2010-2011 Executive Budge
Page 24 and 25: VII. 2009-10 Inspection of State Pr
Page 26 and 27: ers and staff have met with scores
Page 28 and 29: IX. Division of Parole - Budget Leg
Page 30 and 31: X. Prisoner Concerns During our pri
Page 32 and 33: XI. Re-entry Grants: 2009-2010 Reco
Page 34 and 35: XII. Troubling Concerns With NYC Ma
Page 36 and 37: Police did not focus on marijuana a
Page 38 and 39: Recomendations: S.65 Sampson - Outl
Page 40 and 41: 4. Many states have declined to ado
Page 42 and 43: XVI. 2009-2010 New York State Senat
Page 44 and 45: Matrimonial Law Reform New York Sta
Page 46 and 47: 2009-2010 Domestic Violence Legisla
Page 48 and 49: Vetoed 8/13/10 memo 6759 of 2010 S.
Page 50 and 51: S6987-A Chapter 405 of the Laws of
Page 52 and 53: Once the Court found Senator Monser
Page 54 and 55: Court Administration, which also pr
Page 56 and 57: the same weight with regard to the
Page 58 and 59: Chapter 271 of the Laws of 2009 S.3
Page 60 and 61: Chapter 412 of the Laws of 2010 S.7
Page 62 and 63: In Reynolds v. Sims, 377 U.S. 533 (
Page 64 and 65: In terms of the amount of time peop
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Page 68 and 69: 2009-2010 VETOED BY GOVERNOR Paters
Page 70 and 71: XIX. 2011 Reentry Legislative Agend
Page 74 and 75: S.124 SAMPSON, DIAZ, HASSELL-THOMPS
Page 76 and 77: S.1644 THOMPSON, KLEIN Preservation
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Page 80 and 81: imposed, or failed to comply with t
Page 82 and 83: crime, any recommendations by the j
Page 84 and 85: XXI. Conclusion We have made great
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