About the Report of the Re-Entry Council

Policy Statement 17, Recommendation D

Notify victims when the releasing authority is considering release of an offender and invite victims to provide input into the release decision and the terms and conditions of release.

During the preparation of materials for the releasing authority, the victim or victims should be notified that the releasing authority may be considering the release of an offender if the victim has requested such notification. (See Policy Statement 8, Development of Intake Procedure, for more on obtaining victim contact information as soon as a person enters a correctional facility, and Policy Statement 23, Victims, Families, and Communities, for more on notification of victims generally.) The transition team (or some other individual or agency that serves as a liaison for victims, such as a victim advocate affiliated with the correctional facility) should then give the victim the opportunity and support necessary to provide the releasing authority with his or her opinions as to whether release of the person would be appropriate and what the terms and conditions of release should be. (See Policy Statement 23, Victims, Families, and Communities, for more on providing counseling and support to victims as offenders near their release date and transition into the community.) The victim should have a chance to communicate his or her interests regarding restitution, as well as to voice any concerns or fears he or she may have about the person's re-entry. Information from the victim can be used to assist release decisions and to create terms and conditions of release in two ways: (1) the victim may be able to provide information needed to secure his or her own safety; and (2) the victim may be able to provide helpful information to protect other members of the community because he or she may have intimate knowledge of the offender's behavior patterns and customs, particularly in cases of domestic violence. (See Policy Statement 18, Release Decision, for more on how release authorities should use information and opinions obtained from victims in making release decisions and crafting terms and conditions of release.)

Ideally, the victim would be offered the opportunity to present his or her comments to the transition planning team either orally or in writing. Alternatively, in some jurisdictions, the transition planning team may simply invite the victim to address the releasing authority personally, rather than gathering his or her input and providing it to the releasing authority along with other information relevant to the release decision.

Example: Victim Impact Unit, New York State Division of Parole

Legislation passed in 1994 provides that victims can meet face-to-face with a member of the board of parole, or submit a written victim impact statement to the board. Procedures have been established allowing the Division of Parole to maintain contact with crime victims and, at a victim's request, to keep him or her apprised of parole interview dates and decisions as well as of the anticipated release date of the relevant offender.

State and local policymakers should work with local victim advocacy groups and service providers to educate victims as to their role in prerelease decision planning and release decisions, while keeping in mind that victim participation should always be voluntary. If the victim chooses not to participate in the release process, releasing authorities should access relevant case files, including any pre-existing victim impact statements, and seek to fashion a re-entry plan that will ensure the safety of the victim to the extent necessary and possible.

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