Senate Bill S476

                                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.