“...the DVSJA represents a first-of-its-kind model to address the criminalization, and over-incarceration, of survivors. The successes and challenges of its first three years offer vital insights to protect survivors in other states and further improve on New York’s law.”

This report, co-authored by the Survivors Justice Project and The Sentencing Project, highlights lessons learned from passage of New York’s 2019 Domestic Violence Survivors Justice Act and offers model legislation for other states to follow. New York’s law created opportunities for survivors to receive a shorter sentence at their original sentencing hearing and, for those already incarcerated, provided an opportunity for resentencing. As of the report’s publication, 35 women, 4 men and 1 non-binary person, have received retroactive sentencing relief under the law; 80% are people of color.

A growing number of states are considering similar bills. Efforts are underway in Louisiana, Minnesota, Oklahoma and Oregon, as well as other states. 

“The need for sentencing reform for survivors is urgent, and part of a broader decarceration movement,” said Kate Mogulescu, Project Director for the Survivors Justice Project, and a co-author of the Criminalized Survivors report. “While most women in prison report a history of abuse, survivor sentencing reform, like that being modeled here in New York, would benefit incarcerated abuse survivors of all genders across the country who are serving or facing extreme felony sentences.” 

The report also highlights the experiences of individuals who have applied for DVSJA relief in New York, as well as individuals who would benefit from similar laws being enacted in their respective states. For example, April Wilkens is currently serving a life sentence in Oklahoma for killing her abusive former partner. On the night that would lead to her incarceration, Wilkens’s former partner beat and sexually assaulted her for hours until she was able to take his gun and fire multiple times, killing him. If passed, the Oklahoma Domestic Violence Survivorship Justice Act would provide her with an opportunity to receive a lower sentence.