By Liz Komar, Alexandra Bailey, Clarissa Gonzalez, Elizabeth Isaacs, Kate Mogulescu, and Monica Szlekovics  

Published April 19, 2023

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 report 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.