Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 646-A
Information relative to the fair treatment standards; pamphlet
Executive (EXC) CHAPTER 18, ARTICLE 23
§ 646-a. Information relative to the fair treatment standards;
pamphlet. 1. The district attorney shall provide the victim, at the
earliest time possible, with an informational pamphlet detailing the
rights of crime victims which shall be prepared by the division of
criminal justice services in consultation with the director of the
office of victim services and distributed to each district attorney's
office.

2. The pamphlet shall summarize provisions of this article. It shall
also include specific information with appropriate statutory references
on the following:

(a) the rights of crime victims to compensation and services;

(b) the rights of crime victims to routine notification of judicial
proceedings relating to their case as provided in section six hundred
forty-one of this article, in section 330.20, and section 440.50 of the
criminal procedure law and section one hundred forty-nine-a of the
correction law;

(c) the rights of crime victims to be protected from intimidation and
to have the court, where appropriate, issue protective orders as
provided in sections 530.12 and 530.13 of the criminal procedure law and
sections 215.15, 215.16 and 215.17 of the penal law;

(d) the rights of crime victims to submit, where appropriate, a victim
impact statement for the pre-sentencing report and the parole hearing as
provided in section 390.30 of the criminal procedure law and section two
hundred fifty-nine-i of this chapter;

(e) the rights of crime victims, where a defendant is being sentenced
for a felony, to request the right to make a statement at the time of
sentencing as provided in section 380.50 of the criminal procedure law;
and

(f) the rights of crime victims to request restitution and have the
district attorney present such request to the court and assist the crime
victim in the filing and collection of a restitution order in
cooperation with the designated agency of the court as provided in
section 420.10 of the criminal procedure law and section 60.27 of the
penal law.

(g) the rights of crime victims to be aware of the defendant's
incarceration status by providing the division of parole's contact
information, including the division's toll-free telephone number, as
provided for in subdivision two of section two hundred fifty-nine-i of
this chapter. Such notice shall advise the crime victim to use the
division's toll-free telephone number to update contact information.

3. This pamphlet shall provide space for the insertion of the
following information:

(a) the address and phone number of the office of victim services;

(b) the address and phone numbers of local victim service programs,
where appropriate;

(c) the name, phone number and office location of the person in the
district attorney's office to whom inquiries concerning the victims case
may be directed; and

(d) any other information the division deems appropriate.

4. (a) The commissioner of the division of criminal justice services
in consultation with the director of the office of victim services shall
develop and prepare a standardized form for the use of district attorney
offices for the purpose of reporting compliance with this section. The
form is to be distributed to each district attorney. Every district
attorney's office in the state shall complete the reporting form
annually and send it to the director of the office of victim services by
the first day of January each year subsequent to the effective date of
this subdivision.

(b) A copy of the report shall be retained by the district attorney
and upon request, a victim of a crime or relative of a victim shall be
entitled to receive from the district attorney a copy of their district
attorney's annual report without charge. Any other person requesting a
copy of the report shall pay a fee not to exceed the actual cost of
reproduction.