The DVSJA takes a broad view of domestic violence as more than just intimate partner abuse and allows relief for survivors convicted of a range of offenses, including felonies categorized as violent. It allows judges to sentence survivors to shorter prison terms and, in some cases, community-based alternative-to-incarceration programs, and provides survivors currently in prison the opportunity to apply for resentencing.   

The DVSJA amended Penal Law § 60.12, which allows for an alternative sentence, and created Criminal Procedure Law § 440.47, which allows for resentencing for survivors currently in prison serving sentences of 8 years or more.   

The law specifies that a court can impose an alternative sentence at the time of sentencing if it finds that:

1. The person was, at the time of the offense, a victim of domestic violence subjected to “substantial” physical, sexual or psychological abuse inflicted by an intimate partner, family member or member of the same household

2. The abuse was a “significant contributing factor” to the person’s participation in the crime

3. A sentence under current law would be, or in the case of resentencing the original sentence is, “unduly harsh.” 

For resentencing, in addition to meeting all the criteria for DVSJA sentencing, an applicant must also:

1. Be in custody serving a minimum or determinate sentence of 8 or more years in prison; and

2. Be convicted if an offense committed before August 12, 2019.

Offenses that are excluded from receiving DVSJA relief are:

• PL § 125.27:  Murder 1 

• PL § 125.26:  Aggravated murder

• PL § 125.25(5):  Murder 2 –causing death intentionally in the course of certain criminal sex acts

• Article 490:  Any terrorism offense 

• Any offense requiring someone to register as a sex offender under SORA (see Correct. Law § 168-a(2), (3))

• Attempt/conspiracy to commit any of the above