Sepree Coed the Bate of elo Bork March 29, 2012 8. MAC and BOIL The lonoable Ruth Hassell-Thospeon ise Stace street Room 707 Legislative office Building Albany, NY 12247 Re: Sapate Testinony on Donsatic Violence Bill Dear Senator Hassell-Thompson: Please accept the enclosed written statement as sy testimony fat the fublie Forum on Donestic Violence Legislation to be held fon Mey 30, 2012 ‘Thank you for your consideration of my views, Respectfully Submitted, rey b. MLK:ob Encl[NEW YORK STATE SENATE DEMOCRATIC CONFERENCE Public Forum on Domestic Violence Legislation ‘May 30,2012 Statement of Marcy L. Kahn Justice ofthe Supreme Court ofthe State of New York Fie Tusa Dit 1 thank Senator Ruth Hesel- Thompson nd Assy member Gary Preto presenting thie poli foram to dics important leptin addressing the sere sue of| Somes lene in ou tae and for arding ne he opportunity to submits writen Statement i spor ofthe Domest Violence Survhrs Justice Act (5. S436/. 784) (be SIA} 1 Inoadtion wrt rom he perspective of judge and former prosecutor inthe New Vor Sate cml courte fr mor han 25 Jens Although see's awareness ofthe encase of problems ‘sured by domestic vlence he inreased during hatte, oor options fr adessing ‘rows fcete na manner hat promotes justice ave lagged behind. Enacmert ofthe SIA ‘would offer a more humane rentencing strstr er erin survivors of domestic abuse by ‘rating the opportuni, ina narow els of eases, for judges to exercise ker dition eflecajast resuk in cases where substantial physical, sexe or psjchologeal abuse fom an Intimate partner ot amily member a signin contbuing factor in the comission ofthe ‘rime and inposition of sentence within he tatlory range Would produce an unduly harsh ‘eau, As sh, the ill would provide he criminal justice sytem witha mare mune ‘Sentencing ange, allowing the seatecing judge to fasion a punishment betting the pclae ‘ffender before the cour In no ease woold the bil pert the vacation ofthe judgment of ‘onvition. The offender’ capability would not be ignored: bot in appropeate cases, se or he ‘Rotld have the opporunity to demoastate worthiness fe the cours dseretonary mitigation of {he established serene for the crime Need forthe Lesisation 1m 1998, the Legislature endeavored to addres thi ise by establishing domes violence exception tothe 1998 Sentencing Reform Av, known a Jenna's Law" (L1998, 4l)._That provision, codified in Penal Law §6012, perm judges grant ndterminate Sentences 1 survivors convicted of etaia homicide or asa emes agaist heir abuses,rather than the sarily mandated detemiaste terms. Although he lteton ofits daers was ‘commendable, in rat, Peal Law $60.12 has fallen shor offing Rs promi, “The existing xssion very omy drawn, omiting a range of times which vistins ‘abuse ave been non to cor an which would be capited by the SIA. Talo offs. ‘etcnrng ranges which ae nt meaningflly reduced: a ndvidaa ould ecelvea anger Indeterminate maxim erm under he excision than Uede the deleminateseatencing scheme. Present ew az fille entirely oaecout for rimer commited by abuse survors athe behest, of bat ot aginst hoe abuses, which emis an important category of offense. Indeed vitins ‘ofabuse may nat filly sppreke or be ble to invoke a dress defensin sch ereurstances, ‘ue to ther victimization, ‘The SIA woul enable th cout ake aezoue of such ‘eumstances i fihioning an appropriate sentence, without peiting he individual to escape ‘esponstbity fr having commited the crime. Asch, the bil would equip adges to effect. istic fr all parties such aes, ina manner not corey avalible to then, eg. where ‘motions for dismissal in frtheranc of size (CPL §210.(0) or for akematvesenencng on {eral or stat constitonal roi of coe and sia! pnishmet (Pople v. Broad, 37 [NY2d 100 (1975) ate pot appropeate. Including requiement inthe law that judges st fot ‘hele findings and conchsions onthe recor, of wring, woul fhe assure that elton of ‘hse cae infequent though they maybe, would be done fn an sesounable fashion UL lib pool ofofeas “The SIA would af relatively emall mmber offender. ei eamated that fewer than 175 women would potently be eligible for resentencing under the bl! Puther, tis ‘nated that no more than 243 women er year Would be potently elgBle fr alertative ‘eolereng under the bil? Alough thes extinates do ot ince ale appli, experience {caches hat given the daparate impact of domestic volnee on women, cs key thatthe ast. ragjority of applicants wl be fale, In ay case the mumber of nvidia eile o sec esertencing raterative sentencing il be eltivly smal and fr fewer than their eouterpans unde the Drug Law Reform Aus (DLRA’s) 02008, 2005 and 2008, ” stimate provided by the Correctional Association of New York (CA), based on US. ureu ofTuste port of the percentage of incarcerated women nationally who report faving ceapeienced inmate prtcrvlenc porto te Incarceration, applied tothe estimated ‘ureer of women inmates inthe custody of DOCCS in 2009 who Were serving sentenes of ‘ght years or mote fr eines eligible or resentencing ur the bil CA estimate, bused on U.S. Bure of fusice report ofthe percentage of incarcerated ‘women nationally who report expeinting inate partner violence peor ote incarceration, ‘plied tothe estimated mumber of women sentenced toate prion im New Vork in 2010 for lubleofenses under he SJA