NY State Senate Bill 2011-S1781

Senate Bill S1781

2011-2012 Legislative Session

Requires victims be notified of right to make a victim impact statement and allows them to personally appear at parole hearing 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
Jan 26, 2012	print number 1781a
Jan 26, 2012	amend and recommit to codes
Jan 04, 2012	referred to codes
Jan 12, 2011	referred to codes

Bill Amendments

Original

A (Active)

2011-S1781 - Details

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
2013-2014: S476
2015-2016: S3154
2017-2018: S5220
2019-2020: S2924
2021-2022: S6647
2023-2024: S1815

2011-S1781 - Summary

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

2011-S1781 - Sponsor Memo

                                BILL NUMBER:S1781

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:
Subdivision 1 of section 440.50 of the criminal
procedure law, as amended by chapter 186 of the laws of 2005, 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 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.

2011-S1781 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1781

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

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 186 of the laws of 2005, 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 or a felony
defined in article  one  hundred  twenty-five  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 correctional services 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, audiotaped, or vide-
otaped victim impact statement to the state division  of  parole  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. 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.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06334-01-1

2011-S1781A (ACTIVE) - Details

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
2013-2014: S476
2015-2016: S3154
2017-2018: S5220
2019-2020: S2924
2021-2022: S6647
2023-2024: S1815

2011-S1781A (ACTIVE) - Summary

2011-S1781A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1781A

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.

2011-S1781A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1781--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

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 section 80 of subpart B of part C of chapter 62 of
the laws of 2011, 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 or a  felony
defined  in  article  one  hundred  twenty-five  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 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] APPEAR at [a time and  place  sepa-
rate  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 subdi-
vision two of section two hundred fifty-nine-i of the executive law. The
right  of  the  victim under this subdivision to submit a written victim

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06334-02-1

S. 1781--A                          2

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.
  S 2. This act shall take effect immediately.

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