2010 New York Code
EXC - Executive
Article 23 - (640 - 649) FAIR TREATMENT STANDARDS FOR CRIME VICTIMS
642 - Criteria for fair treatment standards.

§ 642. Criteria  for  fair  treatment  standards.  Such fair treatment
  standards shall provide that:
    1. The victim of a violent felony offense, a felony involving physical
  injury to the victim, a felony involving  property  loss  or  damage  in
  excess  of  two  hundred  fifty dollars, a felony involving attempted or
  threatened physical injury or property loss or damage in excess  of  two
  hundred  fifty  dollars or a felony involving larceny against the person
  shall, unless he or she refuses or is unable to cooperate or his or  her
  whereabouts  are unknown, be consulted by the district attorney in order
  to obtain the views of the victim regarding disposition of the  criminal
  case  by dismissal, plea of guilty or trial. In such a case in which the
  victim is a minor child, or in the case  of  a  homicide,  the  district
  attorney  shall,  unless the family refuses or is unable to cooperate or
  his, her or their whereabouts are unknown, consult for such purpose with
  the family of the victim. In  addition,  the  district  attorney  shall,
  unless  he  or she (or, in the case in which the victim is a minor child
  or a victim of homicide, his or her family)  refuses  or  is  unable  to
  cooperate  or  his,  her  or  their whereabouts are unknown, consult and
  obtain the views of the victim or family of the victim, as  appropriate,
  concerning  the  release  of  the defendant in the victim's case pending
  judicial proceedings upon an indictment, and concerning the availability
  of sentencing alternatives such as community supervision and restitution
  from the defendant. The failure of the district attorney  to  so  obtain
  the  views  of the victim or family of the victim shall not be cause for
  delaying the proceedings against the defendant nor shall it  affect  the
  validity of a conviction, judgment or order.
    2.  The victims and other prosecution witnesses shall, where possible,
  be provided, when awaiting court appearances, a secure waiting area that
  is separate from all other witnesses.
    2-a.  (a)  All  police  departments,  as  that  term  is  defined   in
  subdivision  a  of section eight hundred thirty-seven-c of this chapter,
  district attorneys' offices and presentment agencies, as  that  term  is
  defined  in subdivision twelve of section 301.2 of the family court act,
  shall provide a private setting for  interviewing  victims  of  a  crime
  defined  in  article  one  hundred  thirty  or section 255.25, 255.26 or
  255.27 of the penal law. For  purposes  of  this  subdivision,  "private
  setting"  shall  mean  an enclosed room from which the occupants are not
  visible or otherwise identifiable, and  whose  conversations  cannot  be
  heard,  from  outside  such  room.  Only  (i) those persons directly and
  immediately related to the interviewing of a particular victim, (ii) the
  victim, (iii) a social worker, rape crisis  counselor,  psychologist  or
  other professional providing emotional support to the victim, unless the
  victim objects to the presence of such person and requests the exclusion
  of  such  person  from  the  interview,  and (iv) where appropriate, the
  parent or parents of the victim, if requested by the  victim,  shall  be
  present during the interview of the victim.
    (b)  All  police departments, as that term is defined in subdivision a
  of section eight hundred thirty-seven-c of this chapter,  shall  provide
  victims  of  a  crime defined in article one hundred thirty of the penal
  law with the name, address, and telephone of  the  nearest  rape  crisis
  center in writing.
    3.  Law  enforcement  agencies  and  district attorneys shall promptly
  return  property  held  for  evidentiary  purposes  unless  there  is  a
  compelling reason for retaining it relating to proof at trial.
    4.  The  victim  or  witness  who so requests shall be assisted by law
  enforcement agencies and district attorneys in informing employers  that
  the  need  for  victim and witness cooperation in the prosecution of the
  case may necessitate absence of that victim or  witness  from  work.  In

addition,  a  victim or witness who, as a direct result of a crime or of
  cooperation with law enforcement agencies or the  district  attorney  in
  the   investigation  or  prosecution  of  a  crime  is  unable  to  meet
  obligations  to  a  creditor,  creditors or others should be assisted by
  such agencies or the district attorney in providing  to  such  creditor,
  creditors  or others accurate information about the circumstances of the
  crime, including the nature of  any  loss  or  injury  suffered  by  the
  victim,   or   about   the   victim's  or  witness'  cooperation,  where
  appropriate.
    5.  Victim   assistance   education   and   training,   with   special
  consideration  to  be given to victims of domestic violence, sex offense
  victims, elderly victims, child victims, and the  families  of  homicide
  victims,  shall  be  given  to  persons  taking  courses  at  state  law
  enforcement training  facilities  and  by  district  attorneys  so  that
  victims may be promptly, properly and completely assisted.