§ 642. Criteria for fair treatment standards. Such fair treatment
standards shall provide that:

1. The victim of a violent felony offense, a felony involving physical
injury to the victim, a felony involving property loss or damage in
excess of two hundred fifty dollars, a felony involving attempted or
threatened physical injury or property loss or damage in excess of two
hundred fifty dollars or a felony involving larceny against the person
shall, unless he or she refuses or is unable to cooperate or his or her
whereabouts are unknown, be consulted by the district attorney in order
to obtain the views of the victim regarding disposition of the criminal
case by dismissal, plea of guilty or trial. In such a case in which the
victim is a minor child, or in the case of a homicide, the district
attorney shall, unless the family refuses or is unable to cooperate or
his, her or their whereabouts are unknown, consult for such purpose with
the family of the victim. In addition, the district attorney shall,
unless he or she (or, in the case in which the victim is a minor child
or a victim of homicide, his or her family) refuses or is unable to
cooperate or his, her or their whereabouts are unknown, consult and
obtain the views of the victim or family of the victim, as appropriate,
concerning the release of the defendant in the victim's case pending
judicial proceedings upon an indictment, and concerning the availability
of sentencing alternatives such as community supervision and restitution
from the defendant. The failure of the district attorney to so obtain
the views of the victim or family of the victim shall not be cause for
delaying the proceedings against the defendant nor shall it affect the
validity of a conviction, judgment or order.

2. The victims and other prosecution witnesses shall, where possible,
be provided, when awaiting court appearances, a secure waiting area that
is separate from all other witnesses.

2-a. (a) All police departments, as that term is defined in
subdivision a of section eight hundred thirty-seven-c of this chapter,
district attorneys' offices and presentment agencies, as that term is
defined in subdivision twelve of section 301.2 of the family court act,
shall provide a private setting for interviewing victims of a crime
defined in article one hundred thirty or section 255.25, 255.26 or
255.27 of the penal law. For purposes of this subdivision, "private
setting" shall mean an enclosed room from which the occupants are not
visible or otherwise identifiable, and whose conversations cannot be
heard, from outside such room. Only (i) those persons directly and
immediately related to the interviewing of a particular victim, (ii) the
victim, (iii) a social worker, rape crisis counselor, psychologist or
other professional providing emotional support to the victim, unless the
victim objects to the presence of such person and requests the exclusion
of such person from the interview, and (iv) where appropriate, the
parent or parents of the victim, if requested by the victim, shall be
present during the interview of the victim.

(b) All police departments, as that term is defined in subdivision a
of section eight hundred thirty-seven-c of this chapter, shall provide
victims of a crime defined in article one hundred thirty of the penal
law with the name, address, and telephone of the nearest rape crisis
center in writing.

3. Law enforcement agencies and district attorneys shall promptly
return property held for evidentiary purposes unless there is a
compelling reason for retaining it relating to proof at trial.

4. The victim or witness who so requests shall be assisted by law
enforcement agencies and district attorneys in informing employers that
the need for victim and witness cooperation in the prosecution of the
case may necessitate absence of that victim or witness from work. In
addition, a victim or witness who, as a direct result of a crime or of
cooperation with law enforcement agencies or the district attorney in
the investigation or prosecution of a crime is unable to meet
obligations to a creditor, creditors or others should be assisted by
such agencies or the district attorney in providing to such creditor,
creditors or others accurate information about the circumstances of the
crime, including the nature of any loss or injury suffered by the
victim, or about the victim's or witness' cooperation, where
appropriate.

5. Victim assistance education and training, with special
consideration to be given to victims of domestic violence, sex offense
victims, elderly victims, child victims, and the families of homicide
victims, shall be given to persons taking courses at state law
enforcement training facilities and by district attorneys so that
victims may be promptly, properly and completely assisted.