senate Bill S476

Requires victims be notified of right to make a victim impact statement and allows them to personally appear at parole hearing and make such a statement

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Requires the district attorney to notify victims by letter of the final disposition of the case within sixty days of such disposition; such letter shall also notify victims of their right to make a victim impact statement and allows them to personally appear at parole hearing and make such a statement.

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Bill Details

See Assembly Version of this Bill:
A2409
Versions:
S476
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง440.50, CP L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1781A, A4990, A49990, A9324, S1781A
2009-2010: S1748, A4539, S1748
2007-2008: A4741

Sponsor Memo

BILL NUMBER:S476

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to requiring victims be
informed of right to make victim impact statement to division of parole
and to appear at parole hearing

PURPOSE OR GENERAL IDEA OF BILL:
Crime victims would be automatically
notified of upcoming parole hearings of their assailants, allows them
to testify at those hearings, and obligates district attorneys to
inform crime victims of their right to file a victim impact
statement. Currently, most crime victims are unaware of their right
to file written crime victim impact statements or be informed of
upcoming parole hearings of their attackers.

SUMMARY OF PROVISIONS:
Section 1. Subdivision 1 of section 440.50 of
the criminal procedure law, as amended by section 80 of subpart B of
part C of chapter 62 of the laws of 2011, is amended by requiring
district attorneys to inform crime victims of their right to submit a
written victim impact statement to the state division of parole and
of the right to be informed of their assailant's parole hearing, and
allows crime victims to appear at the parole board hearing to make a
statement before the parole board.

JUSTIFICATION:
While a victim impact statement already exists, few crime victims are
aware of their right to submit this statement, nor are most informed
of their right to be notified when their assailant is up for parole.
Less than 5% of crime victims file written victim impact statements,
suggesting that most are unaware of the right to do so.

The effect that a crime can have on its victim(s) can be devastating,
but the criminal justice system does not encourage crime victims to
voice the impact an offense has had on them mentally, physically,
emotionally or financially. The district attorney's office, which is
in lose communication with the victims, rarely informs them of their
right to file victim impact statements. The victim impact statement,
if available, is put in the criminal's permanent file with the
Division of Parole, and is reviewed by the parole board examining an
inmate's application for early release.

When parole boards review an inmate's application for release,
insufficient consideration is given to the effect the criminal's
action has had on the victim(s) Parole board members need to be
reminded of the reason the inmate is in prison and the nature of the
crime committed. Increasing the response rate for victim impact
statements and allowing crime victims the opportunity to speak at
parole board hearings will present to parole boards a reminder of the
impact the criminals' actions have had on their victims.

PRIOR LEGISLATIVE HISTORY:
This bill was previously introduced.


FISCAL IMPLICATIONS:
Minimal costs to inform victims by mail of their
assailant's parole hearing.

EFFECTIVE DATE:
Immediately upon enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   476

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law,  in  relation  to  requiring
  victims  be informed of right to make victim impact statement to divi-
  sion of parole and to appear at parole hearing

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 440.50 of the criminal procedure
law, as amended by section 80 of subpart B of part C of  chapter  62  of
the laws of 2011, is amended to read as follows:
  1.  [Upon  the  request of a victim of a crime, or in any event in all
cases in which the final disposition includes a conviction of a  violent
felony  offense as defined in section 70.02 of the penal law or a felony
defined in article  one  hundred  twenty-five  of  such  law,  the]  THE
district  attorney  shall, within sixty days of the final disposition of
the case, inform the victim by letter of such final disposition. If such
final disposition results in the commitment  of  the  defendant  to  the
custody  of  the department of corrections and community supervision for
an indeterminate sentence, the notice provided to the crime victim shall
also inform the victim of his or her right to submit a  written,  audio-
taped,  or  videotaped  victim  impact  statement  to  the department of
corrections and community supervision or to [meet]  personally  [with  a
member  of  the state board of parole] APPEAR at [a time and place sepa-
rate from] the personal interview between a member  or  members  of  the
board  and  the  inmate and make such a statement, subject to procedures
and limitations contained in rules of the board, both pursuant to subdi-
vision two of section two hundred fifty-nine-i of the executive law. The
right of the victim under this subdivision to submit  a  written  victim
impact  statement or to meet personally with a member of the state board
of parole applies to each personal interview between a member or members
of the board and the inmate.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03482-01-3

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