DVSJA Statewide Task Force Practice Survey

The Domestic Violence Survivors Justice Act (DVSJA,) which was enacted in 2019, provides reduced sentencing for survivors of domestic violence where the DV is a significant contributing factor to the commission of the offense and the standard sentencing guidelines would be unduly harsh. The purpose of this survey is to gather data on applications for DVSJA sentencing and the success and failure of those applications. Thank you for your time in completing this 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 the alleged criminal conduct can be shown [PL 60.12, CPL 440.47]?

Yes

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* 2. 2) Have you attended any trainings on the DVSJA and its application and procedures?

yes

Please describe (sponsor, topic)

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* 3. Would you like to receive additional training on DVSJA?

Yes

Please provide email address for notification of future trainings

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* 4. Have you had an opportunity to use the DVSJA law/guidelines in your practice?

In any case at the trial level under PL 60.12 (eff. date May 14, 2019, incl. any case sentenced after that date)

In any case on a direct appeal since the effective date

In any application for resentencing under CPL 440.47 (eff. date August 14, 2019)

Please describe and include the number of cases:

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* 5. Are you aware of any past case in which you believe such provisions should have applied and were not due to limitations in the DVSJA law, or would have applied but were not yet available?

Yes

If yes, please describe circumstances:

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* 6. At the trial level, have you ever (check all that apply):

Used DVSJA sentencing guidelines in plea negotiations

Worked with an expert to pursue a DVSJA sentencing application

Had a case where you believed the statute applied but was excluded

If you answered yes to using the DVSJA in plea negotiations, was the prosecution receptive? Or if you had a case where the statute was excluded, please describe.

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* 7. Have you filed a motion for a DVSJA guideline sentencing hearing at the trial level? If so, please check all that apply:

A hearing was granted

Witnesses were called by the prosecution

Witnesses were called by the defense

An expert was called by the prosecutor

An expert was called by the defense

A written decision was issued

If a written decision was issued, you would be willing to share it with the Task Force (please send to SJBatcheller@nysda.org)

Please describe the nature of obstacles faced, or particularly successful arguments used, in seeking to achieve a DVSJA guideline sentencing:

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* 8. If you have engaged in a DVSJA resentencing under CPL 440.47, if so please check all that apply:

Filed an application for a DVSJA guideline re-sentencing hearing

A hearing was held

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

If a written decision was issued, you would be willing to share with the Task Force (please send to SJBatcheller@nysda.org)

Please describe the nature of obstacles faced, or particularly successful arguments used, in seeking to achieve a DVSJA guideline re-sentencing:

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* 9. Please identify counties/prosecutor’s offices that you have worked with and provide a brief description of their response to your DVSJA application(s):

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* 10. If you are willing to receive a follow-up from a Task Force member regarding your DVSJA sentencing application(s), please provide your phone number or email address

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