Domestic Violence Survivors Justice Act

In 2019, New York passed the Domestic Violence Survivors Justice Act (L 2019, ch 31 and L 2019, ch 55, Part WW [pp. 59-60]), which  amends provisions of the sentencing law (Penal Law 60.12 and 70.45) and adds a new CPL 440.47, which authorizes for motions for resentencing. The legislation expands the situations in which judges can consider domestic violence survivors’ abuse when determining appropriate sentences for those who commit offenses. For new sentences, the law took effect on May 14, 2019. The provisions dealing with resentencing become effective 90 days from the day the bill became law, i.e. Aug. 12, 2019.

Defender Resources

Intake & Case Assessment for DVSJA Resentencing (CPL § 440.47) A Guidebook for Defense Teams, The DVSJA Statewide Defender Task Force (July 2024)

Investigations Under the Domestic Violence Survivors Justice Act: A Best Practices Manual for Defense Attorneys, The Statewide Domestic Violence Survivors Justice Act (DVSJA) Task Force (May 2023)

Practice Advisory: The START Act – Expanded Criminal Record Relief for Trafficked Individuals, The Legal Aid Society Exploitation Intervention Project (2023)

Experts and the Domestic Violence Survivors Justice Act: A Guidebook for Defense Attorneys, Prepared for and distributed by the DVSJA Statewide Defender Task Force (April 2023)

An Introductory Guide to Coercive Control for the DVSJA Attorney: Coercive Control is Domestic Violence, DVSJA Statewide Defender Task Force (Alan Rosenthal and Christiana Wierschem)

DVSJA Resource Guide - Surviors Justice Project: A guide for individuals seeking sentencing/resentencing under New York’s Domestic Violence Survivors Justice Act (DVSJA)

DVSJA Sentencing charts: Class A Felony Sentencing; Current Non-Violent (First and Second Felony, Non Drug); and Current Violent (First and Second Felony) [Alan Rosenthal, Esq.] 

DVSJA Attorney Support Project: NYSDA, with the support of the DVSJA Statewide Task Force and Brooklyn Law School's Survivor Justice Project, is providing direct support services for attorneys working on DVSJA cases. 

National Clearinghouse for the Defense of Battered Women

Decisions

People v Brenda WW 2023 Slip Op 113247 (Third Dept 12/21/2023)

People v Liz L. (2023 NY Slip Op 06008, Appellate Division, Third Dept 11/22/2023)

Matter of Kashai E. (Kashif R.E.) 2023 NY Slip Op 03784 (Appellate Division, Second, Dept. 7/12/2023)

People v Addimando, 2021 NY Slip Op 04364 (Appellate Division, Second Dept 7/14/2021)

People v Addimando, 67 Misc 3d 408 (County Ct, Dutchess Co 2/5/2020) 

People v D.L., 2021 NY Slip Op 21086 (County Ct, Columbia Co 3/22/2021)

People v Chapman, No. DA 250-15 (County Ct, Albany Co 10/2/2020) 

People v Smith, 2020 NY Slip Op 20240 (County Ct, Erie Co 9/2/2020)

NYSDA Training

DVSJA training videos are available to members (not for CLE credit) on the Training page. Log in here. 

Projects

Brooklyn Law School

University at Buffalo School of Law

Websites

Center for Appellate Litigation, Survivor Advocacy Practice

NYS Office of Indigent Legal Services, Domestic Violence Survivors Justice Act

Articles & Reports

Defending Self-Defense: A Call to Action by Survived & Punished, Survived & Punished In collaboration with Project Nia and the UCLA Center for the Study of Women (March 2022)

Examining the Relationship Between Childhood Trauma and Involvement in the Justice System, National Institute of Justice Journal (4/29/2021)

DVSJA Sentencing: A New Challenge for Judges, New York Law Journal (4/15/2020)

Domestic Violence Survivors Justice Act: Potential Mitigation, Not Guaranteed Fix, NYU Journal of Legislation & Public Policy (2/3/2020)

Connection with the Outside World: Prison Monitoring Findings and Recommendations, Correctional Association of New York (July-September 2019)