Allows victim impact statements to be submitted at parole revocation hearings.
Impact
The introduction of S07972 is expected to enhance the role of victims in parole hearings, which have traditionally been more focused on the violator's circumstances. By mandating that victims be informed of hearing dates and their right to submit statements, the bill seeks to address concerns about the victim's perspective being overlooked. It is anticipated that such measures may result in a more balanced consideration of both the offenders' rights and the emotional and psychological impacts on victims when parole decisions are made.
Summary
Bill S07972 aims to amend the executive law pertaining to parole revocation hearings by allowing victims of crimes to submit impact statements during these proceedings. The proposed changes to the law will enable victims to communicate their experiences and the effects of the crime directly to the presiding officer during the hearings, either in written form or as audio or video recordings. This inclusion signifies an effort to give victims a voice in the criminal justice process, particularly in cases where their victimization is central to the parole decision of the alleged violator.
Contention
While S07972 has the potential to strengthen the rights of victims and influence parole decisions, it may also raise questions about the balance between the rights of the accused and the rights of victims. Critics may argue that introducing victim impact statements could complicate the process and introduce emotional biases into decisions that ideally should be based on legal criteria and rehabilitation evidence. Furthermore, the bill may provoke debate concerning procedural fairness for violators, who might feel disadvantaged by the inclusion of potentially emotionally charged statements from victims.
Allows victim impact statements in New York state be video recorded; requires that the members of the parole board and all presiding commissioners for such hearing review all relevant victim impact statements prior to the conduct of a parole hearing and to sign a written attestation confirming that they have done so.
Allows victim impact statements in New York state be video recorded; requires that the members of the parole board and all presiding commissioners for such hearing review all relevant victim impact statements prior to the conduct of a parole hearing and to sign a written attestation confirming that they have done so.
Requires that all victim impact statements in New York state be video recorded; requires that the members of the parole board and all presiding commissioners for such hearing review all relevant victim impact statements prior to the conduct of a parole hearing.
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.
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.
Enacts the "crash victims bill of rights"; requires accident reports to be delivered to victims of accidents or their next of kin; requires victim impact statements to be delivered at traffic infraction hearings by injured parties or their next of kin; requires employers to grant leave of absence to employees delivering a victim impact statement at a traffic infraction hearing; directs the superintendent of financial services to conduct a study and complete a report on certain automobile crash information.
Enacts the "crash victims bill of rights"; requires accident reports to be delivered to victims of accidents or their next of kin; requires victim impact statements to be delivered at traffic infraction hearings by injured parties or their next of kin; requires employers to grant leave of absence to employees delivering a victim impact statement at a traffic infraction hearing; directs the superintendent of financial services to conduct a study and complete a report on certain automobile crash information.
Requires the notice to crime victims of case disposition to inform the victim that he or she has the right to attend interviews between the board of parole and the incarcerated individual in cases where the final disposition includes a felony defined in article one hundred twenty-five of the penal law that results in the commitment of the defendant to the custody of the department of corrections and community supervision for an indeterminate sentence; requires the board of parole to review victim impact statements, failure to review such statements shall make a hearing by the board of parole invalid.
Requires the notice to crime victims of case disposition to inform the victim that he or she has the right to attend interviews between the board of parole and the incarcerated individual in cases where the final disposition includes a felony defined in article one hundred twenty-five of the penal law that results in the commitment of the defendant to the custody of the department of corrections and community supervision for an indeterminate sentence; requires the board of parole to review victim impact statements, failure to review such statements shall make a hearing by the board of parole invalid.