Requires guidelines for setting minimum period of imprisonment to include any history of violence or abuse directed at sentenced person by the victim

2 Co-sponsors

• Ruben Diaz
• John L. Sampson

Title of bill

An act to amend the executive law, in relation to including certain information regarding abuse by victims of crime in determination of minimum period of incarceration

Purpose

This bill seeks to assure that the parole board considers a history of violence or abuse directed at a criminal by the crime victim as a mitigating circumstance when making parole determinations.

Summary of provisions

This bill amends §259-i(a) of the executive law, adding language to include, as a mitigating or aggravating factor, consideration of a history of violence or abuse directed at the sentenced person by the victim of the offense when determining the minimum period of time to be served by such person prior to parole consideration or eligibility.

Justification

According to 1991 Bureau of Justice statistics, 19.9% of female violent offenders and 31.9% of females serving a sentence for homicide were serving time for killing or injuring their batterers. In New York, current guidelines for determining minimum sentences require the parole board to consider "mitigating or aggravating factors," the guidelines do not require the parole board to consider domestic violence or other abuse suffered at the hands of the crime victim as a mitigating factor. This legislation will create a mechanism to consider the impact of abuse when making parole determinations.

Existing law

Current law sets out guidelines which the parole board shall consider when determining the minimum period of imprisonment prior to parole consideration. These include the seriousness of the offense, length of sentence, recommendations of the sentencing court, district attorney and attorney for the inmate, the pre-sentence probation report, mitigating or aggravating factors, and prior criminal record.

Legislative history

03/07/07 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION 01/09/08 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Fiscal implications

None.

Effective date

This act shall take effect immediately.