Requires victims be notified of right to make a victim impact statement and allows them to personally appear at parole hearing and make such a statement

BILL NUMBER:S476

Title of bill

An act to amend the criminal procedure law, in relation to requiring victims be informed of right to make victim impact statement to division of parole and to appear at parole hearing

Purpose or general idea of bill

Crime victims would be automatically notified of upcoming parole hearings of their assailants, allows them to testify at those hearings, and obligates district attorneys to inform crime victims of their right to file a victim impact statement. Currently, most crime victims are unaware of their right to file written crime victim impact statements or be informed of upcoming parole hearings of their attackers.

Summary of provisions

Section 1. Subdivision 1 of section 440.50 of the criminal procedure law, as amended by section 80 of subpart B of part C of chapter 62 of the laws of 2011, is amended by requiring district attorneys to inform crime victims of their right to submit a written victim impact statement to the state division of parole and of the right to be informed of their assailant's parole hearing, and allows crime victims to appear at the parole board hearing to make a statement before the parole board.

Justification

While a victim impact statement already exists, few crime victims are aware of their right to submit this statement, nor are most informed of their right to be notified when their assailant is up for parole. Less than 5% of crime victims file written victim impact statements, suggesting that most are unaware of the right to do so.

The effect that a crime can have on its victim(s) can be devastating, but the criminal justice system does not encourage crime victims to voice the impact an offense has had on them mentally, physically, emotionally or financially. The district attorney's office, which is in lose communication with the victims, rarely informs them of their right to file victim impact statements. The victim impact statement, if available, is put in the criminal's permanent file with the Division of Parole, and is reviewed by the parole board examining an inmate's application for early release.

When parole boards review an inmate's application for release, insufficient consideration is given to the effect the criminal's action has had on the victim(s) Parole board members need to be reminded of the reason the inmate is in prison and the nature of the crime committed. Increasing the response rate for victim impact statements and allowing crime victims the opportunity to speak at parole board hearings will present to parole boards a reminder of the impact the criminals' actions have had on their victims.

Prior legislative history

This bill was previously introduced.

Fiscal implications

Minimal costs to inform victims by mail of their assailant's parole hearing.

Effective date

Immediately upon enactment.