22 CRR-NY 129.3NY-CRR
22 CRR-NY 129.3
22 CRR-NY 129.3
(a) When a court has contact with a crime victim or witness, the court shall take steps to ensure:
(1) that the victim has been provided with information concerning:
(i) the victim's role in the criminal justice process, including what the victim can expect from the system as well as what the system expects from the victim;
(ii) the stages of the criminal justice process of significance to the victim and the manner in which information about such stages can be obtained; and
(iii) how the court can address the needs of the victim at sentencing or disposition;
(2) that the victim or witness has been notified as to steps the court can take to protect him or her from intimidation, including the issuance of orders of protection and temporary orders of protection;
(3) that a victim or witness who has provided the appropriate court official or criminal justice agency with a current address and telephone number has been notified, if possible, of judicial proceedings relating to his or her case, including:
(i) the initial appearance of an accused before a judicial officer;
(ii) the release of an accused pending further judicial proceedings;
(iii) proceedings in the prosecution of the accused, including entry of a plea of guilty, trial, sentencing or disposition, and, where a term of imprisonment or confinement is imposed, specific information regarding maximum and minimum terms of such imprisonment or confinement; and
(iv) the reversal or modification of the judgment by an appellate court.
(b) The court shall consider the views of victims of the following felonies regarding disposition of the case by dismissal, plea agreement, trial or sentence:
(1) a violent felony offense;
(2) a felony involving physical injury to the victim;
(3) a felony involving property loss or damage in excess of $250;
(4) a felony involving attempted or threatened physical injury or property loss or damage in excess of $250; and
(5) a felony involving larceny against the person.
(c) The court shall consider 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 or petition, and concerning the availability of sentencing or dispositional alternatives such as community supervision and restitution from the defendant.
(d) The court shall take steps to ensure that, whenever possible, victims and other prosecution witnesses awaiting court appearances have been provided with a secure waiting area separate from all other witnesses.
(e) The court shall assist in and expedite the return of property held for evidentiary purposes, unless there is a compelling law enforcement reason for retaining it relating to proof at trial.
(f) Any judicial or nonjudicial personnel of the Unified Court System having contact with a crime victim or witness, whether for the prosecution or the defense, shall treat such crime victim or witness with dignity, courtesy and respect.
(g) The court may direct the district attorney or a criminal justice agency to take such steps as may be necessary and appropriate to ensure compliance with these standards.
22 CRR-NY 129.3
Current through March 31, 2021
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