Senate Bill S1748

                                 BILL NUMBER:  S1748

 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 OF 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 :
This bill would amend section 440.50 of the criminal procedure law 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 close 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.