BILL NUMBER: S2924

SPONSOR: STAVISKY
 
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 hear-
ings 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 SPECIFIC 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.

Requires 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 the mechanism to submit 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 avail-
able, is put in the criminal's permanent file with the Division of
Parole, and is reviewed by the parole board examining an inmate's appli-
cation for early release.

When parole boards review an inmate's application for release, insuffi-
cient 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. Increas-
ing 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:

2017: passed Senate 63-0.

 
FISCAL IMPLICATIONS:

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

 
EFFECTIVE DATE:
Immediately upon enactment.