Bill S7581-2013

Changes the reporting requirements relative to restitution and fair treatment standards from annual to every two years; repealer

Changes the reporting requirements relative to restitution and fair treatment standards for the office of victims services from annual to every two years; consolidates reporting requirements regarding victims service programs; requires information collected by local and state probation departments relating to victim impact statements to be included in the biennial report.

Details

Actions

  • Jun 11, 2014: SUBSTITUTED BY A5388
  • Jun 11, 2014: ORDERED TO THIRD READING CAL.1305
  • Jun 11, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • May 15, 2014: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

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Memo

BILL NUMBER:S7581

TITLE OF BILL: An act to amend the executive law, the criminal procedure law and the family court act, in relation to reporting requirements of the office of victim services and to repeal subdivision 5 of section 390.30 of the criminal procedure law relating thereto

PURPOSE OR GENERAL IDEA OF THE BILL:

To change the reporting requirements relative to restitution and fair treatment standards from each year to every two years.

SUMMARY OF SPECIFIC PROVISIONS:

This bill amends Executive Law Section 623 by requiring that reporting regarding the manner in which the rights, needs and interests of crime victims are being addressed is submitted biennially rather than annually. A new subdivision 21 is added to section 623 setting forth this biennial reporting requirement. Subdivisions 21 and 22 are renumbered 22 and 23, respectively. Subdivision 5 of section 390.30 of the Criminal Procedure Law and subdivision 7 of section 351.1 of the Family Court Act are amended to provide that information collected by local and state probation departments regarding restitution and victim impact statements will be forwarded annually to the Office of Victim Services for inclusion in its biennial report.

JUSTIFICATION:

If enacted this proposal would implement biennial reporting regarding the manner in which the rights, needs and interests of crime victims are being addressed by the criminal justice system. This reporting requirement, which includes such issues as agency compliance with Article 23 - Fair Treatment Standards for Crime Victims as well as the usage and effect of victim impact statements as per section 390.30(5) C.P.L. and section 351.1(7) of the Family Court Act an order of restitution and their enforcement, would be better satisfied through more meaningful analysis produced through biennial reporting.

PRIOR LEGISLATIVE HISTORY:

2012: A9025 - Passed Assembly 2011: A5811 - Passed Assembly 2009-10: A.1380 - Passed Assembly 2007-08; A.1110 - Passed Assembly

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7581 IN SENATE May 15, 2014 ___________
Introduced by Sen. ESPAILLAT -- 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 executive law, the criminal procedure law and the family court act, in relation to reporting requirements of the office of victim services and to repeal subdivision 5 of section 390.30 of the criminal procedure law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 20 of section 623 of the executive law, as amended by section 8 of part A-1 of chapter 56 of the laws of 2010, paragraph (a) as separately amended by sections 37 and 71 of part A of chapter 56 of the laws of 2010, is amended to read as follows: 20. To render each year to the governor and to the legislature, on or before December first of each year, a written report on the office's activities including, but not limited to, specific information on each of the subdivisions of this section[, and the manner in which the rights, needs and interests of crime victims are being addressed by the state's criminal justice system. Such report shall also include, but not be limited to: (a) Information transmitted by the office of probation and correction- al alternatives under subdivision five of section 390.30 of the criminal procedure law and subdivision seven of section 351.1 of the family court act which the office shall compile, review and make recommendations on how to promote the use of restitution and encourage its enforcement. (b) Information relating to the implementation of and compliance with article twenty-three of this chapter by the criminal justice agencies and the "crime victim-related agencies" of the state]. Such report shall also include but not be limited to information regarding crime victim service programs, including: (1) the programs funded by the office; (2) other sources of funding for crime victims service programs; (3) an assessment of the adequacy of the current level of appropri- ation to the office to meet the reasonable needs of crime victims
service programs for funding under section six hundred thirty-one-a of this article; and (4) an estimate of the reasonable needs of programs in the next fiscal year. S 2. Subdivisions 21 and 22 of section 623 of the executive law are renumbered subdivisions 22 and 23 and a new subdivision 21 is added to read as follows: 21. TO RENDER BIENNIALLY TO THE GOVERNOR AND THE LEGISLATURE A WRITTEN REPORT ON THE MANNER IN WHICH THE RIGHTS, NEEDS AND INTERESTS OF CRIME VICTIMS ARE BEING ADDRESSED BY THE STATE'S CRIMINAL JUSTICE SYSTEM TO INCLUDE, BUT NOT BE LIMITED TO: (A) INFORMATION TRANSMITTED BY THE STATE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES UNDER SUBDIVISION FIVE OF SECTION 390.30 OF THE CRIMINAL PROCEDURE LAW AND SUBDIVISION SEVEN OF SECTION 351.1 OF THE FAMILY COURT ACT WHICH THE BOARD SHALL COMPILE, REVIEW AND MAKE RECOM- MENDATIONS ON HOW TO PROMOTE THE USE OF RESTITUTION AND ENCOURAGE ITS ENFORCEMENT. (B) INFORMATION RELATING TO THE IMPLEMENTATION OF AND COMPLIANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER BY THE CRIMINAL JUSTICE AGENCIES AND THE "CRIME VICTIM-RELATED AGENCIES" OF THE STATE. S 3. Subdivision 5 of section 390.30 of the criminal procedure law, as amended by section 50 of part A of chapter 56 of the laws of 2010, is REPEALED. S 4. Subdivision 5 of section 390.30 of the criminal procedure law, as amended by section 29 of part A-1 of chapter 56 of the laws of 2010, is amended to read as follows: 5. Information to be forwarded to the state [division] OFFICE of probation and correctional alternatives. Investigating agencies under this article shall be responsible for the collection, and transmission to the state [division] OFFICE of probation and correctional alterna- tives, of data on the number of victim impact statements prepared. Such information shall be transmitted annually to the office of victim services and included in the office's [annual] BIENNIAL report pursuant to subdivision [twenty] TWENTY-ONE of section six hundred twenty-three of the executive law. S 5. Subdivision 7 of section 351.1 of the family court act, as sepa- rately amended by section 54 of part A and sections 3 and 30 of part A-1 of chapter 56 of the laws of 2010, is amended to read as follows: 7. The probation services which prepare the investigation reports shall be responsible for the collection and transmission to the office of probation and correctional alternatives, of data on the number of victim impact statements prepared. Such information shall be transmitted annually to the office of victim services and included in the office's [annual] BIENNIAL report pursuant to subdivision [twenty] TWENTY-ONE of section six hundred twenty-three of the executive law. S 6. This act shall take effect immediately.

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