CVB Chairwoman Tina Stanford is Disrespecting the NYS Legislature

Assemblyman Ken Zebrowski told me today that there has been no response at all from Tina Stanford, the chairwoman of the NYS Crime Victims Board. He wrote to Ms. Stanford more than a month ago about serious problems his constituents reported with the CVB.

Stanford has been silent.

This is interesting, since Jack McEneny will be making contact too.

Several crime victims and I have discovered and documented multiple instances where the NYS Crime Victims Board fails to follow the law. They just do what they want to do.

Direct Services for Stalking Victims

New York is one of the states with a law that says stalking victims are compensated for security devices, counseling and other direct services. As Alexis Moore, an expert in stalking services, noted recently, many states and most organizations fail to offer direct services to victims of stalking. They limit their work to "awareness".

I have documented this ordeal in accessing the services New York that state law says crime victims are entitled to.

Many crime victims in New York are making efforts to bring these problems to the attention of lawmakers. Ken Zebrowski and Jack McEneny have been responsive and concerned.

It seems our work is never done. In many states, there are no direct services available for stalking victims, while in NY, the Crime Victims Board is failing to follow the laws on the books.

A Hearing with the NYS Crime Victims Board

The regulations of the CVB say that if your claim is denied, you are entitled to a hearing with three board members. (You can also ask the board member who decided your case to reconsider, which I talked about a bit already.) There are five board members, and three of the other four are selected to hear and decide your appeal after the initial claim was denied.

Here's the thing about the hearing, if you do not live in New York City.

There is no board member in the room at your hearing in Albany. NONE of the three board members who hear your case are in the room interacting with you and your witnesses.

If you are a NY state resident who does not live in NYC, you talk to a video screen to one board member in NYC. And then two other board members look at the video later, and never interact with you or the witnesses.

I asked Maria Phelps about her hearing in NYC. There were board members in the hearing. I learned from the CVB lawyer that if your case is in Albany, you just get the video "hearing", and with one board member.

That's not what the CVB regulations say.

But of course, the New York State Crime Victims Board makes it up and does what they want to do, and say that is okay. Who cares about laws?

UPDATE: I told Assemblyman Ken Zebrowski about this problem today, and I will monitor his response.

Steps to Take

We're very fortunate and blessed here in NY, because crime victims and partners who work with us from around the US have learned how to make things better. A key thing to remember, say crime victims who have been through really bad processes, is give people steps they can take. Work on the solutions you seek, and be clear about what would help.

Here's some of what I am thinking.

1. Find a way to take money out of it, so the CVB stops lying and looking for ways to eliminate helping crime victims to save money.

Where does their funding come from? Federal and state dollars, with federal surcharges on criminal defendants being a big part of it. How about taking the previous year's compensation total, and figuring out a new surcharge on criminal defendants this year, using the previous year's numbers? So every year, adjust that surcharge number, for last year's expenses to help crime victims.

Make sure it's not smoke and mirrors, like with the state or feds collecting the money and finding it irresistible to spend it on something else. (I bet that happens.)

2. Put the CVB regulations and the relevant Executive Law in a more accessible place. When it's not accessible, even CVB staff do not know what the law says and end up hurting a lot of people with their ignorance.

3. At least four times a year, the CVB should send out an S.O.S. to advocates, crime victims centers, DAs, police officers, and chiefs, and give very important reminders. Like, remind people the CVB covers the cost of security devices and other services for stalking and many other crimes. There are likely lots of other things the CVB forgets about, so they have to do a better job taking charge and getting the word out to people who need to know.

4. Recognize that there are different types of crimes. One-time crimes (e.g. assault) are different than persistent, periodic crimes targeting victims (e.g. harassment and stalking). Intimate crimes, like domestic violence, are different than stranger or random crimes. The NYS Crime Victims Board does not understand these differences in crimes and the need for different approaches.

I'll be back with more and I want to hear what other people already figured out!!

Stalking Victims are Shafted All Over the United States

Alexis Moore is a well respected leader in the national efforts to improve direct services and assistance to stalking and domestic violence victims. In a recent blog post, she points out that this is stalking awareness month, but "awareness" is woefully inadequate, especially at a time when society already knows that stalking is a serious crime that often leads to violence. Direct assistance to stalking victims is greatly needed all over the United States. (Click on her blog in the column on the right to read her whole well-written post.)

What's bitterly ironic in New York is the legislature already decided awhile ago that stalking victims should be compensated for security devices and other direct services. No doubt many New Yorkers died from escalated violence before this law was enacted. The legislature took steps to make sure protection and advocacy was provided because history already proved it was necessary.

Section 631 of the Executive Law says stalking victims are compensated for security devices and other direct services.

The Chairwoman of the New York State Crime Victims Board did not know this. She also told me they don't get many applications for security devices.


So here's the reality:

Too many activists, like the National Stalking Center, think "awareness" is enough, and don't provide or advocate for direct services to help stalking victims.

In many states, victims of stalking are not considered eligible for compensation for services.

In New York, however, stalking victims are eligible for security devices and other direct services, but the chairwoman of the NYS Crime Victims Board does not know or follow the law.

So, this is national stalking awareness month. In New York, let's start following New York state law and provide services to stalking victims and GET THE WORD OUT that services are available.

Lemons into Lemonade

I am amazed by two things: the incompetency of the NYS Crime Victims Board and the extraordinary dedication of crime victims to making victim compensation programs better.

Here are some key realities:

1. Victim compensation programs around the United States are poorly run, infused with local politics, and deny victims the compensation they are guaranteed under both federal and state laws.

2. Victim assistance centers and shelters will not complain about the state compensation agencies, because these state agencies provide or funnel their state and federal funding.

3. There probably are enough grounds to file a national class action lawsuit under the federal statute, to force improvement in state compensation programs.

4. Here in New York, there are people like Assemblyman Ken Zebrowski who hear about problems and take steps to see them addressed. He told me yesterday that CVB Chairwoman Tina Stanford has not responded to a letter he sent after constituents told him about problems with the CVB.

5. Here in New York, the CVB does not even know the laws enacted by the state legislature. The chairwoman just shoots from the hip, then puts hurdles in your way when you tell her about mistakes.

6. Here in New York, the CVB does an extremely poor job making New Yorkers aware of their rights under federal and state law after they are victims of crime. I bet this is a national problem.

7. All around the country, there are people who care enough and are passionate enough to take action to make major changes and dramatic improvements.

Whose Money Is It?

The New York state legislature creates the laws that the Crime Victims Board must follow. For stalking victims, the state legislature says security devices are covered. There aren't any restrictions or caps. Security devices. Easy, right? No brainer, right? Security devices are covered. The law is clear.

I don't think the NYS Crime Victims Board knows the law. The CVB just does what the CVB wants to do. And gosh, it is totally weird to experience.

CVB Chairwoman Tina Stanford wrote and wanted to work out a "reasonable" solution.

Since she has a lot of work and other cases, I wrote back and reminded her about the law and facts.

On December 23, 2009, CVB Chairwoman Stanford wrote again, retracted things she said, and said there would be no meeting.

I think it's a problem with money.

Stanford comes from a prosecutor background and thinks solutions mean cutting a deal.

But the law says crime victims are compensated for purchasing security devices. Period. Nothing in the law says crime victims have to give the CVB a good deal, and take less.

I've been a prosecutor, but my experience with NYS comes from more than 10 years being an attorney for children in Family Court. Attorneys for children are compensated by the state of New York. There are laws and regulations. NO ONE tries to cut the state a deal. NO ONE pretends the law says you have to take less. NO ONE tries to shaft you to save money.

The state legislature says stalking victims are to be reimbursed for stalking devices, period.

I don't know what's going on with the CVB, and somebody should investigate it.