Requires the district attorney to notify victims by letter of the final disposition of the case within sixty days of such disposition in cases where such final disposition includes a conviction; provides such letter shall also notify victims of their right to make a victim impact statement; allows them to personally appear at parole hearings and make such a statement.
STATE OF NEW YORK
________________________________________________________________________
1815
2023-2024 Regular Sessions
IN SENATE
January 17, 2023
___________
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 their right to make a victim impact statement
to the division of parole and to appear at parole hearings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 440.50 of the criminal procedure
2 law, as amended by chapter 322 of the laws of 2021, is amended to read
3 as follows:
4 1. [Upon the request of a victim of a crime, or in any event in all
5 cases in which the final disposition includes a conviction of a violent
6 felony offense as defined in section 70.02 of the penal law, a felony
7 defined in article one hundred twenty-five of such law, or a felony
8 defined in article one hundred thirty of such law, the] In all cases in
9 which the final disposition includes a conviction, the district attorney
10 shall, within sixty days of [the] such final disposition [of the case],
11 inform the victim by letter of such [final disposition] conviction. If
12 such final disposition results in the commitment of the defendant to the
13 custody of the department of corrections and community supervision for
14 an indeterminate sentence, the notice provided to the crime victim shall
15 also inform the victim of his or her right to submit a written, audio-
16 taped, or videotaped victim impact statement to the department of
17 corrections and community supervision or to meet personally with a
18 member of the state board of parole at a time and place separate from
19 the personal interview between a member or members of the board and the
20 incarcerated individual and make such a statement, subject to procedures
21 and limitations contained in rules of the board, both pursuant to subdi-
22 vision two of section two hundred fifty-nine-i of the executive law. A
23 copy of such letter shall be provided to the board of parole. The right
24 of the victim under this subdivision to submit a written victim impact
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05783-01-3
S. 1815 2
1 statement or to meet personally with a member of the state board of
2 parole applies to each personal interview between a member or members of
3 the board and the incarcerated individual. The victim shall also be
4 informed of their right to voluntarily appear at the incarcerated indi-
5 vidual's personal interview and make a statement before the board of
6 parole while such individual is present.
7 § 2. This act shall take effect immediately.
