N.Y. Comp. Codes R. & Regs. tit. 9 § 8002.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 8002.4 - Victim impact statement

(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.

(d) Personal meetings between a crime victim and a member of the board will be conducted for the purpose of permitting a crime victim to make an oral victim impact statement only in accordance with the procedures and limitations set forth in this section in order to permit the board to allocate finite resources for this purpose. However, in its sole discretion, the board may waive one or more requirements of this section in order to further its policy of ensuring that crime victims are treated with fairness, sensitivity and dignity.

(1) A request to make an oral statement should be made not later than six months before the inmate's appearance before the board for the board's decision whether to grant or deny release.

(2) The time, place and date of the personal meeting between the victim and a board member will be designated by the Victim Impact Unit on behalf of the board.

(3) The personal meeting/victim oral statement should be scheduled and take place at least 30 days prior to the inmate's next appearance before the board for release consideration.

(4) The board reserves the right to limit the victim oral statement to a reasonable time period.

(5) Limitation on who may make a statement. In furtherance of its policy 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 and its recognition that some crimes may affect the lives of more than one person, the board may permit multiple oral statements to be made. However, in order to conserve finite resources, the board reserves the authority to permit only one oral statement by one victim, or victim's representative, for one crime. A victim's representative may make an oral statement in place of the victim only when the victim is deceased or incapacitated, and the board reserves the authority to determine who, in a specific case, is the appropriate victim's representative. In order to conserve its finite resources, the board also limits the opportunity to make an oral statement to victims of the following offenses, or a victim who the Chairman of the Board of Parole has determined has been affected within the intent of this policy by an offense other than one listed below:

(i) a violent felony offense, as defined in Penal Law, section 70.02;

(ii) one of the following A-I felonies: murder in the first degree, murder in the second degree, kidnapping in the first degree and arson in the first degree when there is serious physical injury to a nonparticipant or a nonparticipant is present in the building or motor vehicle; or

(iii) one of the following offenses, which are not included in Penal Law, section 70.02: manslaughter in the second degree, vehicular manslaughter in the first degree, vehicular manslaughter in the second degree, criminally negligent homicide, rape in the second degree, rape in the third degree, sodomy in the second degree, sodomy in the third degree, attempted sexual abuse in the first degree, attempted rape in the second degree, attempted sodomy in the second degree.

(6) Limitation on content. The oral statement may not simply repeat the circumstances of the crime. The oral statement should describe the impact of the crime on the victim or the survivor.

(7) Method of recording the statement. The board member conducting the personal meeting with the victim will prepare a written report of the oral statement. A copy of the report will be sent to the facility to be included in the inmate's parole folder so that it is available for the board at the time of the inmate's board appearance. The written report of the oral statement will be considered by the board panel that interviews the inmate as one factor in making a decision whether to grant or deny release pursuant to Executive Law, section 259-i(2).

(e) A written victim impact statement or written report of an oral statement shall be maintained in confidence by the division, unless disclosure to the inmate is expressly authorized by the victim or by court order.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8002.4