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S733Senate2011-2012 Session

Authorizes the personal appearance of crime victims at the parole hearings of the offender

Sponsor Joseph E. RobachSD-56+1 co-sponsorAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
Joseph E. Robach

Senator · Senate District 56

Chair, Labor

History

  1. Print number 733a
  2. Amend and recommit to codes
  3. Referred to codes
  4. Referred to codes

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S733A

Title of bill

An act to amend the criminal procedure law and the executive law, in relation to appearance of a victim at parole hearings

Purpose

To provide the victim of a crime the opportunity to personally appear and give oral testimony at parole board hearings for the person convicted of the crime.

Summary of provisions

Amends Criminal Procedure Law § 440.50 and the Executive Law § 259-i(2) to include the right of the victim of a crime to appear and be heard at parole hearings.

Existing law

Present law allows the person guilty of the crime to appear at the parole board hearing and for the victim either to submit a written statement or to meet before the parole hearing with a member of the panel. This bill would allow the victim or victim's representatives to appear and be heard at the parole hearing itself.

Justification

The victim of a crime deserves a voice in our criminal justice system and should have a right to participate in hearings regarding the parole of the prisoner. Victims have a legitimate interest in not only seeing that their attackers are appropriately punished, but also that they are not released prematurely to harm others. The parole board takes into consideration the prisoner's behavior while incarcerated, yet no one knows better than the victim how dangerous and ruthless this parole candidate was before he was subject to the scrutiny of the parole board. As of 1987, 31 states had a victims' "right of allocution" whereby victims are permitted to express their statements orally at the parole hearing itself; this is comparable to the right an offender traditionally has to address the parole board. While the victims now can meet with a member of the parole panel, victims still cannot appear and be heard at the parole hearing. This bill corrects such a deficiency.

Legislative history

208 - 2010 Referred to Codes

Fiscal implications

None.

Effective date

November 1st next succeeding the date it shall become law, with provisions.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.