N.Y. Executive Law 646-A – Information relative to the fair treatment standards; pamphlet
§ 646-a. Information relative to the fair treatment standards; pamphlet. 1. The district attorney shall provide the victim, at the earliest time possible, with an informational pamphlet detailing the rights of crime victims which shall be prepared by the division of criminal justice services in consultation with the director of the office of victim services and distributed to each district attorney's office.
Terms Used In N.Y. Executive Law 646-A
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
2. The pamphlet shall summarize provisions of this article. It shall also include specific information with appropriate statutory references on the following:
(a) the rights of crime victims to compensation and services;
(b) the rights of crime victims to routine notification of judicial proceedings relating to their case as provided in section six hundred forty-one of this article, in section 330.20, and § 440.50 of the criminal procedure law and § 149-a of the correction law;
(c) the rights of crime victims to be protected from intimidation and to have the court, where appropriate, issue protective orders as provided in sections 530.12 and 530.13 of the criminal procedure law and sections 215.15, 215.16 and 215.17 of the penal law;
(d) the rights of crime victims to submit, where appropriate, a victim impact statement for the pre-sentencing report and the parole hearing as provided in § 390.30 of the criminal procedure law and section two hundred fifty-nine-i of this chapter;
(e) the rights of crime victims, where a defendant is being sentenced for a felony, to request the right to make a statement at the time of sentencing as provided in § 380.50 of the criminal procedure law; and
(f) the rights of crime victims to request restitution and have the district attorney present such request to the court and assist the crime victim in the filing and collection of a restitution order in cooperation with the designated agency of the court as provided in § 420.10 of the criminal procedure law and § 60.27 of the penal law.
(g) the rights of crime victims to be aware of the defendant's incarceration status by providing the division of parole's contact information, including the division's toll-free telephone number, as provided for in subdivision two of section two hundred fifty-nine-i of this chapter. Such notice shall advise the crime victim to use the division's toll-free telephone number to update contact information.
3. This pamphlet shall provide space for the insertion of the following information:
(a) the address and phone number of the office of victim services;
(b) the address and phone numbers of local victim service programs, where appropriate;
(c) the name, phone number and office location of the person in the district attorney's office to whom inquiries concerning the victims case may be directed; and
(d) any other information the division deems appropriate.
4. (a) The commissioner of the division of criminal justice services in consultation with the director of the office of victim services shall develop and prepare a standardized form for the use of district attorney offices for the purpose of reporting compliance with this section. The form is to be distributed to each district attorney. Every district attorney's office in the state shall complete the reporting form annually and send it to the director of the office of victim services by the first day of January each year subsequent to the effective date of this subdivision.
(b) A copy of the report shall be retained by the district attorney and upon request, a victim of a crime or relative of a victim shall be entitled to receive from the district attorney a copy of their district attorney's annual report without charge. Any other person requesting a copy of the report shall pay a fee not to exceed the actual cost of reproduction.