Senator Montgomery is proud to co-sponsor the Domestic Violence Survivors Justice Act (S1077 Persaud/A3974 Aubry) and celebrates the bill's passage in the New York State Senate. The Domestic Violence Survivors Justice Act would expand upon the existing provisions of alternative sentencing for domestic violence cases and allow judges the opportunity to resentence currently incarcerated persons for offenses in which certain domestic violence criteria was a significant element of the offense.
As noted in Senator Roxanne J. Persaud and Assemblyman Jeffrion L. Aubry's sponsors' memo:
All too often, when a survivor defends themselves and/or their children, our criminal justice system responds with harsh punishment instead of with compassion and assistance. Much of this punishment is a result of our state's current sentencing structure which does not allow judges discretion to fully consider the impact of domestic violence when determining sentence lengths. This leads to long, unfair prison sentences for many survivors.
The Domestic Violence Survivors Justice Act would address this problem for both male and female survivors of domestic violence by: (1) allowing judges to sentence survivors to alternative sentences of imprisonment including determinate sentences and, in some cases, community-based alternative-to incarceration program and (2) providing survivors currently in prison the opportunity to apply for resentencing, granting much-deserved relief for incarcerated individuals who pose no threat to public safety.
To learn more about the bill, visit https://www.nysenate.gov/legislation/bills/2019/s1077