2019 New York Laws
EXC - Executive
Article 23 - 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.