§ 647 — Criteria

New York § 647

• Jurisdiction: New York
• Law EXC: Executive
• Art. 23: Fair Treatment Standards For Crime Victims

Text

§ 647. Criteria. Fair treatment standards for crime victims in the\ncourts shall provide that:\n 1. The court shall consider the views of the victim of a violent\nfelony offense, a felony involving physical injury to the victim, a\nfelony involving property loss or damage in excess of two hundred fifty\ndollars, a felony involving attempted or threatened physical injury or\nproperty loss or damage in excess of two hundred fifty dollars or a\nfelony involving larceny against the person, or of the family of a\nhomicide victim or minor child, regarding discretionary decisions\nrelating to the criminal case, including, but not limited to, plea\nagreements and sentence. In addition, the court shall consider the views\nof the victim or family of the victim, as appropriate, concerning the\nrelease of the defendant in the victim's case pending judicial\nproceedings upon an indictment, and concerning the availability of\nsentencing alternatives such as community supervision and restitution\nfrom the defendant. The failure of the court to consider the views of\nthe victim or family of the victim shall not be cause for delaying the\nproceedings against the defendant nor shall it affect the validity of a\nconviction, judgment or order.\n 2. The victims and other prosecution witnesses shall, where possible,\nbe provided, when awaiting court appearances, a secure waiting area that\nis separate from all other witnesses.\n 3. The court shall assist in and expedite the return of property held\nfor evidentiary purposes unless there is a compelling reason for\nretaining it relating to proof at trial.\n 4. Victim assistance education shall be given to judicial and\nnonjudicial personnel of the unified court system so that victims may be\npromptly, properly and completely assisted.\n