What's happening
This bill requires that crime victims be informed of their right to make a victim impact statement and to appear at parole hearings.
Why it matters
Expands notification requirements. The bill broadens the obligation of district attorneys to notify *all* crime victims—not just those of certain violent felonies—about case dispositions and their rights regarding parole hearings, potentially increasing awareness and participation across a wider range of crimes.
Emphasizes victims’ voices in parole decisions. By clarifying and strengthening the right to submit victim impact statements (written, audio, or video) and to appear at parole hearings, the bill ensures victims have a more direct and formal opportunity to influence decisions about an offender’s potential release.
Standardizes communication procedures. The law requires that notification to the victim be made within 60 days of the final case disposition and that a copy is sent to the parole board, aiming to create a consistent and trackable process for informing victims of their rights.
Could affect parole outcomes and victim satisfaction. Enabling more victims to participate may influence parole board decisions and could contribute to victims’ sense of justice and closure, while also requiring agencies to update practices and resources to handle the increased notification and participation.
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Who cares
Headline styles
Let Victims Speak at Parole
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2924
2019-2020 Regular Sessions
IN SENATE
January 30, 2019
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 440.50 of the criminal procedure law, as amended by chapter 193 of the laws of 2017, is amended to read as follows:
1. [Upon the request of a victim of a crime, or in any event in all cases in which the final disposition includes a conviction of a violent felony offense as defined in section 70.02 of the penal law, a felony defined in article one hundred twenty-five of such law, or a felony defined in article one hundred thirty of such law, the] The district attorney shall, within sixty days of the final disposition of the case, inform the victim by letter of such final disposition. If such final disposition results in the commitment of the defendant to the custody of the department of corrections and community supervision for an indeterminate sentence, the notice provided to the crime victim shall also inform the victim of his or her right to submit a written, audiotaped, or videotaped victim impact statement to the department of corrections and community supervision or to [meet] personally [with a member of the state board of parole] appear at [a time and place separate from] the personal interview between a member or members of the board and the inmate and make such a statement, subject to procedures and limitations contained in rules of the board, both pursuant to subdivision two of section two hundred fifty-nine-i of the executive law. A copy of such letter shall be provided to the board of parole. The right of the victim under this subdivision to submit a written victim impact statement or to meet personally with a member of the state board of parole applies to each personal interview between a member or members of the board and the inmate.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09026-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 hear- ings 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 specific 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.
Requires 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 the mechanism to submit 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 close communication with the victims, rarely informs them of their right to file victim impact statements. The victim impact statement, if avail- able, is put in the criminal's permanent file with the Division of Parole, and is reviewed by the parole board examining an inmate's appli- cation for early release.
When parole boards review an inmate's application for release, insuffi- cient 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. Increas- ing 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
2017: passed Senate 63-0.
Fiscal implications
Minimal costs to inform victims by mail of their assailant's parole hearing.
Effective date
Immediately upon enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.