Provides for family members of a crime victim and interested parties to make statements to members of the parole board

1 Co-sponsor

• Michael F. Nozzolio

Title of bill

An act to amend the criminal procedure law and the executive law, in relation to requiring that all family members of a crime victim and all interested parties who want to give a victim impact statement to parole board members be allowed to do so

Purpose

Provides for family members of a crime victim and interested parties to make statements to members of the parole board.

Summary of provisions

Section 1. Section 440.50 of the criminal procedure law of chapter 496 of the laws of 1978, subdivision 1 are amended by chapter 186 of the laws of 2005 and subdivision 2, amended by chapter 14 of the laws of 1985 are amended to include family members of a Crime victim, or interested party of case deposition. Section 2. Paragraph c of subdivision 2 of section 259-i of the executive law, separately amended by chapters 40 and 126 of the laws of 1999 are amended. Section 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Justification

Prior to a convicted criminals parole hearing, it is necessary that proper action is taken to ensure all evidence is brought to the attention and consideration of the parole board. It is therefore crucial to hear testimony from not only the victim and the criminal, but family members and interested parties of a crime victim as well. Any person who has been involved in the case and can provide sufficient information should be allowed to go before all three members of the parole board to testify. Previously, only one parole board member was required to hear testimony from family members. Giving family members the opportunity to speak before the parole board will make the process open and more fair to a victims family who has gone through an emotional roller coaster since the criminal act was committed. A convict has the ability to plead his case before all three members of the parole board. Why can't all family members and interested parties have the same opportunity to speak to all board members? It is the states responsibility that crime victims rights be preserved, ensuring a more judicious process.

Legislative history

2008: S.6825 - Passed Senate/A.10118 - Referred to Codes

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.