Rep. Fishbein Wants to Strengthen Victim Rights
A fierce advocate for victim’s rights, State Representative Craig Fishbein (R-90) this session proposed legislation to make certain that crime victims are notified and able to provide impact statements when convicted offenders violate parole or the terms of conditional release.
If enacted, House bill 6637 – An Act Concerning a Crime Victim’s Participatory Rights in a Violation of Probation of Conditional Discharge Hearing – would require probation officers notify victims, and any victim advocate assigned to assist the victim, when convicted offenders violate probation or conditional release, and “if a violation of the conditions of the defendant’s probation or conditional discharge is established, the court shall permit the victim of the offense for which the defendant is on probation or received a conditional discharge to appear before the court for the purpose of making a statement for the record concerning the defendant’s violation of probation or conditional discharge.” Victims may submit written statements to the court.
“This commonsense proposal will enshrine a victim’s rights to be part of any and all court proceedings related to the original offense, and ensure the courts fully consider the continued, long-term impact these crimes have on their victims before new sentences are handed down,” Rep. Fishbein, Ranking Member of the Judiciary Committee said. “Allowing victims to provide impact statements throughout the entire judicial process protects their rights and offers a small measure of comfort to affected parties.”
In her testimony, State Victim Advocate Natasha Pierre strongly encouraged the Committee to pass the bill favorably, writing; “Crime victims have direct interest in the outcome of a Violation of Parole (VOP) hearing, particularly in cases where the court has ordered the defendant to pay restitution to the victim and the defendant has failed to satisfy his/her restitution obligation. House Bill No. 6637 will extend the same protections to a crime victim during a VOP hearing as the crime victim has during the prosecution of the defendant, as well as during an early termination of probation hearing.”
The bill is scheduled for a public hearing on Wednesday, March 8th.