N.Y. Executive Law § 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, parent or

guardian of a minor, or a surviving family member in the case of

homicide, at the time of sentencing or 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 the

office of victim assistance, 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, section 440.50 and section

380.50 of the criminal procedure 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;

(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 department of corrections and

community supervision's contact information, including the office of

victim assistance'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 office of victim

assistance's toll-free telephone number to update contact information;

(h) the requirement of a victim or a surviving family member to

register with the department of corrections and community supervision's

office of victim assistance if, at any time, they want to:

(i) be notified of a defendant's release from a state correctional

facility;

(ii) be notified of parole board interviews with a defendant, and the

results of any such interviews; or

(iii) provide or update a victim impact statement to the board of

parole; and

(i) the right of crime victims or surviving family members to obtain,

at no cost, a copy of the transcripts of parole hearings.

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 number of the department of corrections and

community supervision's office of victim assistance;

(c) the address and phone numbers of local victim service programs,

where appropriate;

(d) the name, phone number and office location of the person in the

district attorney's office to whom inquiries concerning the victim's

case may be directed; and

(e) 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 and

the office of victim assistance, 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.