Victims Rights Reform Council

Agendas

This comprehensive legislative and policy agenda aims to enhance the rights and support of victims of crime, ensuring they have a voice in the justice process and receive the necessary protection and assistance.

The proposed measures prioritize the needs of victims and their families, acknowledging the trauma they endure and the long-lasting effects of violent crime. By implementing these reforms, we strive to create a more equitable justice system that prioritizes the safety and wellbeing of victims.

We recognize that victims often feel marginalized and powerless in the aftermath of crime, and it is our duty to empower them through legislative changes that guarantee their rights and dignity. The Victims Rights Reform Council is committed to working collaboratively with lawmakers, advocacy groups, and the community to ensure that these proposals are thoroughly considered and enacted.

We urge legislators to take immediate action on this agenda, recognizing that the time for reform is now. Together, we can foster a justice system that prioritizes the healing and support of victims and their families.

Victims Rights Reform Council Legislative and Policy Agenda

Victim Protection and Support Measures

1. Lifetime Order of Protection: Implement a lifetime order of protection for victims of violent crimes, survivors of homicide victims and witnesses.

2. Automatic Orders of Protection: Establish automatic orders of protection for victims and witnesses of violent crimes and domestic violence if the accused is released under bail reform.

3. Certified Notification: Require timely, certified notification to victims when offenders are released from parole supervision, allowing victims to appeal the release. This must also include notification of "special circumstance" hearings.

4. Impact Statements: Allow multiple family members of the victim's family to make impact statements during court proceedings.

5. Victim's Voice in Parole Hearings: Grant victims and survivors the right to choose how they testify at parole hearings (in person, via Zoom, phone, written statement) and allow recorded video testimony to be memorialized and played at each hearing.

6. Ensure that the legal definitions and classifications of violent and non-violent crimes accurately reflect the nature and severity of each offense.

7. Allow victims to have input and to be kept informed of offender status in youthful offender cases.

8. Victim impact statements given last at sentencing.

9. Simplify bail assignment to victims and their families as restitution. Require notifying the victim of this possibility.

Legislative Enhancements

10. Lorraine's Law: Extend parole terms from 2 years to 5 years.

11. Consecutive Sentences for Firearm and Dangerous Weapon Offenses: Require consecutive sentences for individuals convicted of two or more felonies involving a firearm and/or other dangerous weapon.

12. Repeal of "Less Is More" Parole Reform: Repeal the "Less Is More" parole reform.

13. Assault on Unborn Children: Establish or reestablish the assault or unwanted murder of an unborn child as a crime.

14. Citizen's Right To Know: Require lawmakers to provide clear and accessible information and exact language to voters, allow at least thirty days and a method to participate in the debate and discussion before any committee vote.

Victims' Rights and Advocacy

15. Appeal Rights: Give victims and their representatives the right to appeal decisions made by the parole board.

16. Parole Board Composition: Require at least one member of law enforcement and one crime victim or victim representative to be included on the Parole Board.

17. Victims' Handbook: Create a Victims Handbook containing all pertinent information to be provided at the beginning of an investigation.

18. Education for Victim Advocates: Change education requirements for victim advocates at all levels to include personal and life experiences, not solely relying on inexperienced social workers.

19. Initiate Advocacy Early: Initiate victim advocacy at the commencement of investigations.

20. Community support should supplement, not disqualify victims from reimbursement from the government, especially when the government failed to protect the victim from the offender.

Judicial and Systemic Accountability

21. Accountability for Judges: Establish community review processes for judges, including family court judges, involving peers, victims, and law enforcement advocates.

22. Victims Rights Commission: Establish a Victims Rights Commission to oversee the Parole Board, District Attorneys, and judges with the authority to investigate and take action.

23. Plea Deal Transparency: Require the prosecuting office to gather signed approval or dissent in any plea deal involving homicide and violent crime.

Restitution and Financial Support

24. Financial Assistance for Victims: Abolish mandates that limit financial assistance to state resident victims, ensuring support regardless of where the victim resides.

25. Funeral Assistance: Increase financial relief to cover the full costs of funerals, including headstones and related expenses. Create partnerships with local funeral service providers.

26. Job Protection for Victims: Require employers to allow time off for victims/survivors to attend court dates and provide reimbursement from the government for lost wages.

27. Loss of Income Reimbursement: Require the government to reimburse income monthly lost due to crime-related issues for victims and witnesses.

28. Victim Retraining and Educational Assistance: Provide retraining and educational assistance for victims who can no longer work in their current jobs.

Crime and Offender Management

29. Registry for Repeat Violent Offenders: Establish a registry for repeat violent offenders.

30. Victim Name Recognition in Court: Require that the victim's name be spoken in court proceedings, rather than referring to them as "the deceased."

31. Streamlined Evidence Return: Ensure that property and evidence necessary for the victim's survival (e.g., home, car) are returned expediently or replaced immediately without upfront costs.

32. Indicted offenders declared mentally incompetent to stand trial must be housed in secure facilities supervised by aware and especially trained staff. Victims must still be kept aware of their status and any release from supervision, with the right to appeal.

Health and Social Issues

33. Addressing Homelessness and Substance Abuse: Develop comprehensive approaches to address issues of homelessness, mental health, and substance abuse.

34. Supervised Release Protocols: Establish serious Standard Operating Procedures (SOPs) for supervised release.

Additional Provisions

35. Tiarah Poyau Act: Allow written instructions to be provided to the jury.

36. Mel's Law: Require high schools, colleges, and universities to establish policies for awarding posthumous degrees.

37. Abolish Abatement Ab Initio: Repeal the legal doctrine of abatement ab initio to ensure justice for victims.

38. Automatic Termination of Parental Rights: Automatically terminate parental rights if a parent murders the other parent, with rare exceptions based on mitigating circumstances.

Statewide Legislative Agenda

  • ●Citizen's Right To Know Bill
  • ●Automatic order of protection for victims and witnesses of violent crimes, and domestic violence if the accused is released under bail reform.
  • ●Require certified notification when offender is being released from parole supervision — allow victim to appeal.
  • ●Change education requirements for victims advocates on federal, state and county level to include personal and life experience, not just inexperienced social workers.
  • ●Initiate advocates at commencement of investigation.
  • ●Abolish Abatement Ab Initio.
  • ●Indicted, but not convicted, criminally insane, and developmentally disabled must be housed in humane but strictly supervised with specially trained staff.
  • ●Require timely (date specific, i.e. 2 months before), certified notification of parole hearings — including notification from AG that "special circumstance" hearings were granted.
  • ●Victims need to have input and be kept informed even in youthful offender cases, especially when violent crimes are committed.
  • ●Victim's right to "appeal parole" decision.
  • ●Accountability for all judges including family court — community review with peers, victims and advocates.
  • ●Establish a registry for repeat violent offenders.
  • ●Require the victim's name to be spoken in court and not be referred to as "the deceased."
  • ●Abolish any mandate that financial assistance only be provided for NYS resident victims — if the crime happens here, NYS pays!
  • ●At sentencing, the victim speaks last, not the convicted, regarding impact statements.
  • ●Increase financial relief to cover cost of entire funeral, including headstones, etc.
  • ●Victim retraining, educational assistance when no longer possible to work at current job.
  • ●Victim Handbook with all pertinent information to be given at beginning of investigation.
  • ●Develop partnership with at least one funeral home in every county to assist with funerals for victims of homicide.
  • ●Simplify bail assignment to victims family as restitution — require notifying victim of this possibility.
  • ●Reclassify violent and non-violent crimes to be accurate.
  • ●Rewrite penal codes to remove restrictive measures for charging violent crimes — hitting someone is assault.
  • ●Require employers to give time off for victims/survivors of victims to attend court dates and allow for reimbursement from the state for loss of wages.
  • ●Require State to reimburse parents' income monthly, when lost, as a direct relation to crime.
  • ●Ensure property and evidence that are part of a crime scene, and necessary for survival (such as home, car, etc.), are returned expediently, or replacements immediately provided to victims without upfront costs.
  • ●Automatic termination of parental rights if parent murders the other parent with RARE exceptions/mitigating circumstances.
  • ●Address homeless, mental health, and substance abuse issues.
  • ●Establish a serious SOPs for supervised release.
  • ●Establish a Victims Rights Commission — oversight of parole board, District Attorneys and Judges with the ability to investigate and take action.