2023 New York Laws › EXC - Executive › Article 23 - Fair Treatment Standards for Crime Victims › 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.
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 section 440.50 of the
criminal procedure law and  section  one  hundred  forty-nine-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 section 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 section 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
section  420.10  of  the criminal procedure law and section 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.