Victim Rights

Section 16-3-1515 directs that the prosecuting agency:

• may require documentation of all claims and may set appropriate time limits for submission of Victim Impact Statements by victims.

Section 16-3-1525 directs that the prosecuting agency:

• must make a reasonable attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to presiding judge;

• Must make a reasonable attempt to notify each victim of each case for which the juvenile is appearing before the court of his right to attend the detention hearing and make recommendations to the presiding judge.

Section 16-3-1545 directs that the prosecuting agency:

• must make a reasonable attempt to notify each victim of his right to submit an oral or written victim impact statement, or both, for consideration by the circuit or family court disposition proceeding;

• must inform a victim that a written victim impact statement may be submitted at post-adjudication proceeding;

• must provide to each victim who wishes to make a written victim impact statement a form that solicits pertinent information regarding the offense that may include:

1. victim's personal information and supplementary contact information;

2. an itemization of the victim's economic loss and recovery from any insurance policy or other source;

3. details of physical or psychological injuries, or both, including their seriousness and permanence;

4. identification of psychological services requested or obtained by the victim;

5. a description of any changes in the victim's personal welfare or family relationships; and,

6. any other information the victim believes to be important and pertinent;

• must offer the victim assistance in preparing a comprehensive victim impact statement, and assistance in reviewing and updating the statement as appropriate before the case is disposed;

• must inform victims and witnesses of the applicable procedures and practices of the criminal or juvenile justice system, or both;

• must inform each victim of his right to legal counsel and of any available civil remedies;

• must return to a victim personal property recovered or taken as evidence as expeditiously as possible, substituting photographs of the property and itemized lists of the property including serial numbers and unique identifying characteristics to use as evidence when possible;

• must inform victims and prosecution witnesses of financial assistance, compensation and fees; and offer to the victims and witnesses assistance with application for these items:

• upon request, must make a reasonable attempt to keep each victim informed of the status and progress of a case, with the exception of preliminary hearings;

• must discuss a case with the victim and confer with each victim about the disposition of the case including, but not limited to, diversions and plea negotiations;

• must reasonably attempt to notify each victim of each hearing, trial, or other proceeding;

• must reasonably attempt to notify victims and witnesses of canceled and rescheduled proceedings in a timely manner;

• may intercede with, and seek special consideration from, employers to prevent loss. of pay or benefits, or both, resulting from their participation; and with victim's creditors, landlord, school, and other parties;

• must refer the incident, if a victim or witness is threatened, to the appropriate law enforcement agency;

• must take reasonable and appropriate steps to minimize inconvenience to victims and witnesses;

• must familiarize victims and witnesses with courtroom procedure and protocol; and,

• must refer victims to counselors, social service agencies, and victim assistance providers as appropriate.

Section 16-3-1550 directs that the prosecuting agency:

• must make reasonable efforts to provide victims and prosecution witnesses waiting areas separate from those used by the defendant and defense witnesses for proceedings in me circuit or family court;

• must notify the court when a victim or witness deserves special consideration;

• must make available to the defense any written victim impact statement prior to sentencing but must not provide it to the defense until the defendant has been found guilty by a judge or jury.

Section 16-3-1555 directs that the prosecuting agency:

• must forward, as appropriate and within reasonable time, a copy of each victim's impact statement, or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice;

• must file, with an indictment, a copy of a written victim impact statement with the victim's personal information deleted;

• must inform the victim and the prosecution witnesses of their responsibility to provide the prosecuting agency, the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, the Department of Juvenile Justice, or the Attorney General, their legal names, current addresses, and telephone numbers; and,

• must inform the victim about the collection of restitution, fees, and expenses, the recovery of property used as evidence and how to contact the Department of Corrections, the Department of Probation, Parole and Pardon Services, the Board of Juvenile Parole, the Department of Juvenile Justice or the Attorney General.