NY State Senate Bill 2021-S6647B

Senate Bill S6647B

2021-2022 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 25, 2022	print number 6647b
Apr 25, 2022	amend (t) and recommit to codes
Feb 10, 2022	print number 6647a
Feb 10, 2022	amend and recommit to codes
Jan 05, 2022	referred to codes
May 11, 2021	referred to codes

Bill Amendments

Original

B (Active)

2021-S6647 - Details

See Assembly Version of this Bill:: A9074
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §440.50, CP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1748
2011-2012: S1781
2013-2014: S476
2015-2016: S3154
2017-2018: S5220
2019-2020: S2924
2023-2024: S1815, A2724

2021-S6647 - Summary

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

2021-S6647 - Sponsor Memo

                                 
BILL NUMBER: S6647

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 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 commit-
ted:.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:

2019: S2924

2018: S5220

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.

2021-S6647 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6647
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2021
                                ___________
 
 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 chapter 193 of the laws of 2017, 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, a felony
 defined in article one hundred twenty-five of  such  law,  or  a  felony
 defined  in  article  one  hundred thirty 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  indeter-
 minate  sentence,  the  notice  provided  to the crime victim shall also
 inform the victim of his or her right to submit a  written,  audiotaped,
 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 separate 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  subdivision  two  of
 section  two  hundred  fifty-nine-i of the executive law. A copy of such
 letter shall be provided to the board of parole. 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.
   § 2. This act shall take effect immediately.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11111-01-1

2021-S6647A - Details

See Assembly Version of this Bill:: A9074
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §440.50, CP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1748
2011-2012: S1781
2013-2014: S476
2015-2016: S3154
2017-2018: S5220
2019-2020: S2924
2023-2024: S1815, A2724

2021-S6647A - Summary

2021-S6647A - Sponsor Memo

                                 
BILL NUMBER: S6647A

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 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.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
Immediately upon enactment.

2021-S6647A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6647--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2021
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 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 chapter 322 of the laws of 2021, 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,  a  felony
 defined  in  article  one  hundred  twenty-five of such law, or a felony
 defined in article one hundred thirty 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 indeter-
 minate sentence, the notice provided to  the  crime  victim  shall  also
 inform  the  victim of his or her right to submit a written, audiotaped,
 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  separate  from]  the
 personal  interview  between  a  member  or members of the board and the
 incarcerated individual 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.  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11111-02-2

 S. 6647--A                          2
 
 copy  of such letter shall be provided to the board of parole. 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 incarcerated individual.
   § 2. This act shall take effect immediately.

2021-S6647B (ACTIVE) - Details

See Assembly Version of this Bill:: A9074
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §440.50, CP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1748
2011-2012: S1781
2013-2014: S476
2015-2016: S3154
2017-2018: S5220
2019-2020: S2924
2023-2024: S1815, A2724

2021-S6647B (ACTIVE) - Summary

2021-S6647B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6647B

SPONSOR: STAVISKY
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to requiring
victims be informed of their right to make a victim impact statement to
the division of parole and to appear at parole hearings

 
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 2021 is amended to require 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. This bill also allows crime victims to
appear at the parole board hearing to make a statement before the parole
board and notifies them of this right.

 
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. Many crime victims do not 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.

 
FISCAL IMPLICATIONS:

Minimal.
 
EFFECTIVE DATE:
Immediately upon enactment.

2021-S6647B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6647--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2021
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the criminal procedure law,  in  relation  to  requiring
   victims  be  informed of their right to make a victim impact statement
   to the division of parole and to appear at parole hearings
 
   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 chapter 322 of the laws of 2021, 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, a felony
 defined in article one hundred twenty-five of  such  law,  or  a  felony
 defined  in article one hundred thirty of such law, the] IN ALL CASES IN
 WHICH THE FINAL DISPOSITION INCLUDES A CONVICTION, THE district attorney
 shall, within sixty days of [the] SUCH final disposition [of the  case],
 inform  the  victim by letter of such [final disposition] CONVICTION. 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 at a time and  place  separate  from
 the  personal interview between a member or members of the board and the
 incarcerated individual and make such a statement, subject to procedures
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11111-04-2

 S. 6647--B                          2
 
 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.  A
 copy  of such letter shall be provided to the board of parole. 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 incarcerated individual.   THE VICTIM SHALL ALSO BE
 INFORMED OF THEIR RIGHT TO VOLUNTARILY APPEAR AT THE INCARCERATED  INDI-
 VIDUAL'S  PERSONAL  INTERVIEW  AND  MAKE A STATEMENT BEFORE THE BOARD OF
 PAROLE WHILE SUCH INDIVIDUAL IS PRESENT.
   § 2. This act shall take effect immediately.

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