New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8002 - Parole Release › Section 8002.4 - Victim impact statement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Parole Board policy and intent. It is the policy of the Board of Parole that
				crime victims are an integral part of the criminal justice process, that they
				should be treated with fairness, sensitivity and dignity at all times, and that
				victims of the most serious crimes should be permitted an opportunity to make
				an oral statement to a member of the Board of Parole in a setting that permits
				confidentiality and a nonthreatening atmosphere. The board's intention is to
				create a meaningful opportunity for individuals whose lives have been severely
				affected by serious crimes to explain the impact of the crime in a face-to-face
				setting. The board recognizes that some crimes may affect the lives of more
				than one person and that in some cases a victim may need the support of another
				person to enable him or her to make an oral statement to a board member.
				However, the board has finite resources and must place limits on who may make
				an oral statement, and under what circumstances and procedures, in order to
				permit it to manage all of its statutory responsibilities. The board's policy
				of permitting victim oral statements in some cases has been codified by the
				Legislature in chapter 559 of the Laws of 1994, amending the Criminal Procedure
				Law and the Executive Law. These regulations set forth the procedures and
				limitations specified in Criminal Procedure Law, section 440.50.
(b) The Board of Parole will consider the
				written or oral statement submitted or made by the crime victim, or the
				victim's representative where the victim is deceased or is mentally or
				physically incapacitated, prior to rendering a decision to grant or deny parole
				release, provided that the victim's written statement is received by the
				division at least 10 business days prior to the date of the inmate's scheduled
				appearance before the board and that the request to make an oral statement
				complies with the provisions of subdivisions (c) and (d) of this section. The
				victim may obtain information concerning the inmate's scheduled appearance upon
				written request to the Victim Impact Unit.
(c)
(1) A
				written victim impact statement, or a request to make an oral statement, should
				be addressed to the Victim Impact Unit, New York State Division of Parole, 97
				Central Avenue, Albany, NY 12206.
(2) A request to make an oral victim impact
				statement must be in writing, and such a request or a written victim impact
				statement must clearly identify the inmate's name and New York State
				identification number (NYSID or "NYSIIS" number, which consists of seven digits
				followed by a letter). The NYSID number may be obtained from the office of the
				district attorney in the county in which the inmate was convicted.
(3) A letter may serve as a written victim
				impact statement. If a letter is received from a crime victim which does not
				have a NYSID number, the Victim Impact Unit will attempt to identify the inmate
				based upon whatever other identifying information may be contained in the
				statement. If the Victim Impact Unit is unable to identify the inmate based on
				the information provided, the victim will be so advised. If the appropriate
				inmate can be identified, the written statement will be sent to the inmate's
				facility of incarceration so that the statement may be available for
				consideration by the board.