S2085-2011 Actions

• Jan 18, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S2085-2011 Memo

BILL NUMBER:S2085

TITLE OF BILL:
An act
to amend the correction law, in relation to enacting the victim's
information and security act

PURPOSE OF THE BILL:
The bill would establish an
office of
victim/witness services within the Department of corrections.

SUMMARY OF SPECIFIC PROVISIONS:
Amends the correction
law by adding a
new article 6-D. This article establishes the office of
victim/witness services within the Department of correctional Services.

JUSTIFICATION:
This bill would improve the
notification process by
creating a clearinghouse where victims, their families, witnesses,
and others designated by law would have the ability to access
information which is relevant to the whereabouts and behavior of the
assailant.
This in turn, is beneficial to the victim's emotional, physical and
psychological well-being. The current process that a victim must
endure in order to ascertain information concerning their
perpetrator is very cumbersome. In some instances, the victim is not
aware that they have the right to certain information pertaining to
their assailant such as release, escape and death. This legislation
elevates the victim's needs to a higher priority and creates a
mechanism that allows direct victim access to this information. The
creation of this office can be modeled after offices in other states
including Washington and California.

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:
Minimal cost for the toll-free
telephone number, but it is believed accommodated by existing staff and
moneys.

EFFECTIVE DATE:
This act shall effect on the first
day of April next
succeeding the date on which it shall have become law.

S2085-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2085
 2011-2012 Regular Sessions
 I N  SENATE
 January 18, 2011
 
 Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Crime Victims,  Crime  and
 Correction
 

AN ACT to amend the correction law, in relation to enacting the victim's
 information and security act
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. This act shall be known and may be cited as  the  "victim's
 information and security act".
 

S 2. Legislative intent and findings. The legislature hereby finds and
 determines  that  a need exists to establish a better system of communi
 cation between the victim of crime, or family member if  the  victim  is
 deceased, and the department of correctional services housing the person
 responsible for such victimization. An office of victim/witness services
 shall  be  created  with  a  comprehensive  mission of victim protection
 through the development of victim assistance programs within the depart
 ment of correctional services.
 Such a program will provide the victim with a  resource  or  clearing
 house  to  turn  to  in  order  to  have  the most fundamental questions
 answered with respect to  the  inmate  including  where  the  inmate  is
 confined,  when  the  inmate will be released, what the inmate's conduct
 has been while in prison, when parole hearings  will  be  held,  if  the
 inmate  has  escaped  or  if the inmate has died while in custody of the
 department of correctional services.
 The legislature further finds that crime victims are  often  subjected
 to  additional  victimization  by  increasing anxiety and even fear when
 what may seem simple but extremely important questions  are  left  unan
 swered.   The purpose of the victim's information and security act is to
 establish within the department of correctional services  an  office  of
 victim/witness  services  where crime victims, witnesses, family members
 and other individuals  designated  by  law,  can  turn  for  answers  in
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06527-01-1
 
       S. 2085                             2
 connection with the incarceration of their assailant. The victim/witness
 services   office  shall  promote  and  coordinate  victim's  assistance
 programs throughout the state as a tool to protect victims  and  provide
 emotional and psychological stability.
 

S 3. The correction law is amended by adding a new article 6-B to read
 as follows:

 ARTICLE 6-B
 VICTIM'S INFORMATION AND SECURITY ACT
 SECTION 162. OFFICE OF VICTIM/WITNESS SERVICES; ESTABLISHED.
 162-A. POWERS AND DUTIES.
 

S  162.  OFFICE  OF  VICTIM/WITNESS SERVICES; ESTABLISHED. 1. THERE IS
 HEREBY  CREATED  WITHIN  THE  DEPARTMENT  AN  OFFICE  OF  VICTIM/WITNESS
 SERVICES.
 2.  THE  HEAD  OF  SUCH  OFFICE SHALL BE THE DIRECTOR OF THE COMMUNITY
 OUTREACH PROGRAM.
 3. IN CARRYING OUT ITS POWERS  AND  DUTIES  UNDER  THIS  ARTICLE,  THE
 OFFICE OF VICTIM/WITNESS SERVICES IS ORGANIZED AND OPERATED TO HAVE AS A
 PRIMARY  PURPOSE  AIDING  VICTIMS,  THEIR  FAMILY MEMBERS, WITNESSES AND
 OTHERS DESIGNATED BY LAW IN ACCESSING INFORMATION PERTINENT TO THE PROB
 ABLE RELEASE OR MOVEMENT OF THEIR ASSAILANT.
 

S 162-A. POWERS AND DUTIES. THE OFFICE SHALL HAVE THE FOLLOWING POWERS
 AND DUTIES:

 1. TO IMPLEMENT PROGRAMS RELATING TO  VICTIM/WITNESS  NOTIFICATION  OF
 INMATE INFORMATION.
 2.  TO ESTABLISH A CLEARINGHOUSE AND DEVELOP A SYSTEM OF COMMUNICATION
 BETWEEN THE VICTIM OF A  CRIME,  THEIR  FAMILY  MEMBERS,  WITNESSES  AND
 OTHERS AS DESIGNATED BY LAW AND THE DEPARTMENT.
 3.  TO  INSTITUTE  VICTIM ASSISTANCE PROGRAMS AND SERVICES WITHIN EACH
 DEPARTMENT FACILITY.
 4. TO ESTABLISH VICTIM AWARENESS PROGRAMS FOCUSING UPON THE EFFECT AND
 IMPACT OF THE CRIME UPON THE VICTIM, THEIR FAMILY MEMBERS, WITNESSES AND
 OTHERS DESIGNATED BY LAW.
 

S 4. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.

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