Victims Bill Of Rights

VICTIMS BILL OF RIGHTS

In February 1991, the Legislature enacted the Victim Bill of Rights. This law is an official recognition by the State that victims of crimes, as well as the accused, have rights.

The Bill of Rights serves many purposes. It assures that the victim will be able to receive information as to the status of the case, as well as their rights as the case proceeds through the criminal justice system.

Under the act, the victim will be provided the names of the investigating officers working on the case. Additionally, the victim will be informed as to the identity of the prosecutor who is handling the case.

The victim is also entitled under the Bill of Rights to be informed of upcoming dates for court appearances for the offender in the related case and have an opportunity to attend all of the hearings, unless the judge, in his/her discretion, makes a finding that the victim should not be present.

The executive branch of the government, the governor's office, also has responsibility to victims under the act. If the Governor decides to modify the offender's sentence, or grant a pardon, the victim has the right to know this.

The victim also has a right to participate in the sentencing phase of the offender's case by filing a victim impact statement. Additionally, the victim has the right to be informed of the release, escape or death of the offender.

In short form, the Bill of Rights states that the victim has:

I. The right to be treated with compassion, respect and sensitivity within the criminal justice system;

II. The right to know the whereabouts of the offender and the current status of the case;

III. The right to receive restitution from offenders;

IV. The right to know all rights under this law including information about services and victims assistance at the local level;

V. The right to know about victim compensation;

VI. The right to reasonable protection and safety and the right to know of legal recourse if threatened;

VII. The right to prompt return of property;

VIII. The right to preservation of employment while participating in the criminal justice process;

IX. The right to be informed about the opportunity to make a victim impact statement at sentencing and parole hearings;

X. The right to be present at trial.

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