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DVSJA Legislative Development Survey
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1.
Are you familiar with the DVSJA and its provisions related to sentencing guidelines in cases where a connection between domestic violence and alleged criminal conduct can be shown?
(Required.)
Yes
No
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2.
Have you had an opportunity to use the DVSJA at the trial level under Penal Law 60.12 (eff. May 14, 2019, incl. any case sentenced after that date?) If so, please check all that apply:
(Required.)
A hearing was denied
A hearing was granted
If hearing was granted, it was successful
Witnesses were called by the prosecution
Witnesses were called by the defense
An expert was called by the prosecution
An expert was called by the defense
A written decision was issued
None of the above
3.
If you selected "An expert was called by the prosecution" in the question above, what issue was the expert exploring?
4.
If an expert was used, what is the name of the person used/consulted?
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5.
Have you ever used DVSJA sentencing guidelines in plea negotiations?
(Required.)
Yes
No
6.
If you answered yes to question above, please explain context:
7.
As it relates to question above, was the ADA receptive?
Yes
No
8.
As it relates to question above, was the Judge receptive?
Yes
No
9.
As it relates to questions above, were the ADA and Judge knowledgeable about the DVSJA?
Yes
No
10.
Are you aware of a prior case (or cases) in which you believed the DVSJA should have applied but the court denied sentencing under the DVSJA guidelines?
Yes
No
11.
If you answered yes to the question above, please provide additional information about the facts of the case(s) and the court’s reasons for denying DVSJA sentencing.
12.
Were the ADA and Judge knowledgeable about the DVSJA?
Yes
No
13.
Based on your experience, which 60.12 provisions (if any) should be amended by the legislature? Please check all that apply.
“At the time of the instant offense”
“Substantial physical, sexual or psychological abuse”
“Member of the same family or household”
“Significant contributing factor”
“Nature and circumstances of the crime and the history, character and condition of the defendant”
“Unduly harsh”
“Reliable hearsay”
Eligibility requirements (i.e., broaden eligibility, eliminate exclusion of persons with predicates, etc.)
Other?
14.
In the blank spaces below, please feel free to expand on why certain provisions are unnecessarily burdensome for applicants.
“At the time of the instant offense”
Explain:
15.
“Substantial physical, sexual or psychological abuse”
Explain:
16.
“Member of the same family or household”
Explain:
17.
“Significant contributing factor”
Explain:
18.
“Nature and circumstances of the crime and the history, character and condition of the defendant”
Explain:
19.
“Unduly harsh”
Explain:
20.
“Reliable hearsay”
Explain:
21.
Eligibility requirements (i.e., broaden eligibility, eliminate exclusion of persons with predicates, etc.)
Explain:
22.
Other?
Explain:
23.
What additional provisions, if any, should be included in the statute? Is there anything left out of the current version that would be helpful to add?
24.
Are there any procedural or administrative ambiguities in the DVSJA that should be clarified in the legislation?
25.
Is there anything else we should consider in our proposed amendments to the current legislation?
