Rights of Crime Victims
The victim of sexual assault, kidnapping, or aggravated robbery of a person who has suffered bodily injury or death as a result of the criminal conduct of another, the guardian of a victim, or the close relative of a deceased victim is entitled to the following rights:
- The right to receive from law enforcement agencies adequate protection from harm and the threat of harm arising from cooperation with prosecution efforts.
- The right to have the magistrate take the safety of the victim or his family into consideration as an element in fixing the amount of bail for the accused.
- The right, if requested, to be informed of relevant court proceedings and to be informed if those court proceedings have been canceled or rescheduled prior to the event.
- The right to be informed, when requested, by a peace officer concerning the defender's right to bail and the procedures in criminal investigations and by the district attorney's office concerning the general procedures in the criminal justice system, including general procedures in guilty-plea negotiations and arrangement, restitution, and the appeals and parole process.
- The right to pertinent information to a probation department conducting a pre-sentencing investigation concerning the impact of the offense on the victim and his family by testimony, written statement, or any other manner prior to any sentencing of the offender.
- The right to receive information regarding compensation to victims of crime as provided by the Crime Victim Compensation Act, including information related to the costs that may be compensated under that act and the amount of compensation, eligibility for compensation, and procedures for application for compensation under that act, the payment for medical examination for a victim of sexual assault, and when requested, to refer to available service agencies that may offer additional assistance.
- The right to be informed upon request of parole procedures, to participate in the parole process, to be notified of parole proceedings concerning a defendant in the victim's case, to provide the Board of Pardons and Paroles for inclusion in the defendants' file information to be considered by the board prior to the parole of any defendant convicted of any crime subject to this act, and to be notified of the defendant's release if requested.
- The right to be provided with a waiting area that is separate or secure from other witnesses, including the offender and relatives of the offender, before testifying in any proceeding concerning the offender
- If a separate writing area is not available, other safeguards should be taken to minimize the victims contact with the offender and the offender's relatives and witnesses, before and during court proceedings.
- The right to prompt return of any property of the victim that is held by a law enforcement agency or the attorney for the state as evidence when the property is no longer required for that purpose.
- The right to have the attorney for the state notify the employer of the victim, if requested, of the necessity of the victim's cooperation and testimony in a proceeding that may necessitate the absence of the victim from work for good cause.
- The right to counseling, on request, regarding AIDS and HIV infection and testing for AIDS and HIV related infections, if the offense is a sexual offense or sexual assault.
- The right to be present at all public court proceedings related to the offense, subject to the approval of the judge in the case.
- The right to privacy - as far as is reasonably practical, the address of the victim may not be a part of the court file except as necessary to identify for place of the crime.
- The phone number of the victim may not be a part of the court file.
State law provides that a victim, guardian of a victim, or close relatives of a deceased victim may complete a victim impact statement and have it considered by the court of a criminal case prior to the imposition of a sentence and by the Board of Pardons and Paroles in the parole process.