N.Y. Comp. Codes R. & Regs. tit. 9 § 6170.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 6170.4 - Criminal justice agency responsibilities

The primary agency shall be the criminal justice agency which has contact with the victim.

(a)

(1) For applicable cases in which no arrest has been made, the police agency having responsibility for the case shall generally be the primary agency responsible for implementation of these standards.

(2) For applicable cases in which an arrest has been made, primary responsibility for implementation of these standards shall generally remain with the police agency responsible for the case until the accused is brought before a court. Subsequent to this appearance of the accused in court, the prosecutor's office or other criminal justice agency having responsibility for the case shall generally be the primary agency responsible for implementation of these standards.

(b) Primary agencies shall provide crime victims with information explaining the victim's role in the criminal justice process. Crime victims shall be informed, as indicated below, of the stages of the criminal justice process of significance to them and the manner in which information about such stages can be obtained.

(1) The primary agency, as the process goes forward, shall be responsible for informing the crime victim of that agency's particular responsibilities in the criminal justice process and how the crime victim will be asked to assist the agency in discharging these responsibilities. Where appropriate, this explanation shall include specific information regarding the conduct of proceedings at which the victim may be asked to assist, including but not limited to identification procedures, testimony and sentencing.

(2) The primary agencies shall also inform crime victims of the general procedures that may follow in the investigation and prosecution of the criminal case.

(3) This information may be provided orally or in writing, such as through the use of pamphlets. Whenever possible, information under this section should be communicated in person to the victim. This may necessitate follow-up contact with unconscious or otherwise disabled or disoriented victims.

(4) The stages of a criminal proceeding about which the crime victim may be informed, where appropriate and of significance to that victim, include, but are not limited to: the arrest of an accused; identification proceedings; the initial appearance of an accused before a judicial officer; the release of an accused pending judicial proceedings; mediation; preliminary hearing; grand jury proceedings; pre-trial hearings; disposition, including trial, dismissal, entry of a plea of guilty; and sentencing, including restitution.

(c) Crime victims and witnesses shall be routinely notified of such steps as may be open to law enforcement officers or district attorneys to protect victims and witnesses from intimidation.

(1) The primary agency shall provide victims and witnesses with information regarding current laws against victim/witness intimidation. This information may be provided by a prominently displayed poster. [FN*]

(2) When a primary agency becomes aware of circumstances reasonably indicating that a crime victim or witness has been or may be subjected to tampering, physical injury or threats thereof or other intimidation, as a result of his or her cooperation in the criminal investigation or prosecution, the agency shall notify the victim or witness of appropriate protective measures which are available in the jurisdiction, including but not limited to: change in telephone number, transportation to and from court, relocation and moving assistance, judicial protective orders, protective services, local programs providing protective services, and the arrest and prosecution of the offender.

(3) Primary agencies shall, where appropriate, assist victims and witnesses in obtaining protective orders and other protective services.

(d) Criminal justice agencies shall make reasonable efforts to ensure notification of crime victims and witnesses of judicial proceedings relating to their case.

(1) Crime victims and witnesses shall, if possible, be informed of judicial proceedings by criminal justice agencies possessing such information if the victim or witness provides the agency with a current address and phone number. Such notification may be by mail or by phone.

(2) Judicial proceedings shall include:

(i) the arrest of an accused;

(ii) the initial appearance of an accused before a judicial officer;

(iii) the release of an accused pending further judicial proceedings; and

(iv) proceedings in the prosecution of the accused, including entry of a plea of guilty, trial, sentencing, and, where a term of imprisonment is imposed, specific information shall be provided regarding maximum and minimum terms of such imprisonment.

(e) 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 $250, a felony involving attempted or threatened physical injury or property loss or damage in excess of $250 or a felony involving larceny against the person, should 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 should consult for such purpose with the family of the victim. In addition, the district attorney should 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.

(f) Crime victims and witnesses shall, where possible, be provided with a secure area, for awaiting court appearances, that is separate from all other witnesses.

(1) A secure waiting area shall be an area removed from, out of sight and earshot of, and protected from entry by, the defendant, his friends and family, defense witnesses and other unauthorized persons.

(2) The agency prosecuting the crime shall make all reasonable efforts to see that a secure waiting area is made available to crime victims and prosecution witnesses who are awaiting court appearances. Other criminal justice agencies having appropriate and available facilities shall cooperate with the agency to provide such waiting areas where possible. The agency shall also seek the assistance of any other public or private agencies, such as the Office of Court Administration, having appropriate and available facilities.

(g) In accordance with applicable law, primary agencies shall ensure the prompt return of property held for evidentiary purposes, unless they determine that there is a compelling law enforcement reason for retaining it.

(1) Property shall not include unlicensed weapons or those used to commit crimes, marihuana, controlled substances, contraband, or items the ownership or legality of possession of which is disputed.

(2) Property of any victim or witness which is held for evidentiary purposes should be maintained in good condition. If the property is not to be returned expeditiously, criminal justice agencies shall make reasonable efforts to notify the victim or witness of the retention of the property, and shall explain to the victim or witness the property's significance in the criminal prosecution and how and when the property may be returned.

(3) A compelling law enforcement reason shall mean that retention of the property itself is, or is reasonably likely to be, material to the successful conduct of an investigation or prosecution.

(4) The criminal justice agency in possession of the property shall consult with all other agencies which may become involved in the case before disposing of the property, and shall make reasonable efforts to identify the rightful owner of the property.

(5) Nothing in this section shall be deemed to overrule the provisions of article 450 of the Penal Law, with respect to the disposal of stolen property or the authority of a court to order retention of the property in the furtherance of justice.

(h) A crime victim or witness who so requests shall be assisted by primary agencies 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 crime 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's cooperation, where appropriate.

[FN*] See Executive Law, section 625-a.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6170.4