Rights and Post-Conviction Rights of Victims

• Victims and witnesses of constitutionally covered crimes have a right to:
• Be treated with fairness, respect and dignity.
• Be informed about what steps can be taken for protection against intimidation and harm, and to be informed of the existence of a criminal protection order.
• The right to have your social security number excluded or redacted from a criminal justice document or record created or compiled as a result of a criminal investigation when the document or record is released to anyone other than the victim, the defense attorney of record, the defense attorney’s agent, or a criminal justice agency.
• Be kept informed about various phases of their case, including release of the suspect on bond, investigation, filing of charges, prosecution, trial, and sentencing.
• Be present and provide information and input written, in person, or by phone if unavailable to appear, into the criminal justice process, especially at key points such as bond hearings, plea bargaining, sentencing, and parole release hearings, and to be informed of the results of a probation and parole revocation hearings.
• Restitution as a condition of sentencing or another civil remedy such as a civil lawsuit.
• At the discretion of the District Attorney, to view all or a portion of the pre-sentence report of the probation department.
• The quick return of their property used for evidence when it is no longer needed.
• Be informed about eligibility for victim compensation, when applicable, and the right to be helped in completing application forms in a timely manner, when applicable.
• Employee intercession. (A person cannot be fired or displaced from a job for participating in an investigation or court process.)
• Information about victim assistance and other community resources.
• Notification from officials about arrest, release of defendants, time and location of legal proceedings, time and location of trials, continuances or delays in trial proceedings, sentencing and parole hearings.
• A quick and fair resolution.
• To be informed of the results of any HIV testing that is ordered and performed.
• If a victim is contacted by anyone working on behalf of the Defendant’s legal team, they have the right to be informed of that person’s name and the fact that they are working for the Defendant. It is the choice of the victim whether they speak with a representative of the Defendant’s legal team.
• Receive information concerning any change in the status of a “Cold Case” and, upon written request, shall be provided an update at least annually.
• The right to be informed of any request for progression from the state mental hospital on behalf of a person in its custody as a result of a criminal case involving the victim, and the right to be heard at any hearing which a court considered such a request.
• The right to be informed of the decision of the governor to commute or pardon a person convicted of a crime against the victim before such information is publicly disclosed.
• The right to be informed by law enforcement of how the victim may request notification of the offender’s change of status from jail.
• Upon request, to be notified that forensic medical evidence has been submitted to a crime lab for testing, results have been received, and if DNA was obtained, whether or not there is a match to DNA profiles in state or federal databases.
• Upon request, to be informed at least 60 days prior to the destruction of forensic medical evidence connected with a sexual offense and the right to file an objection of evidence with law enforcement.
• To be heard by phone or similar technology when a victim cannot appear in court.
• To have a safe, secure waiting area during court proceedings.
• To be informed of the steps that can be taken by a victim/witness, including information regarding protection services, in case there is any intimidation or harassment by a person accused or convicted of a crime against the victim, or any other person acting on behalf of the accused or convicted.

After a suspect has been convicted of a crime against a victim, regardless of when the crime occurred and upon written request of that victim, state and local correctional authorities must notify the victim of:

• The institution where the person is incarcerated or otherwise being held.
• The projected release date of the person.
• Any release of the person including furlough, work release, or community corrections in advance of the projected release date.
• Scheduled parole hearing for the person and any changes in hearing schedules.
• Any escape of the person from a correctional facility, program, or state hospital and any subsequent recapture.
• A permanent transfer/placement in a non-secured facility.
• Any release or discharge from confinement of the person and the conditions of that release.
• Any decision by the parole board to release such person or any decision by the governor to commute the sentence of such person or pardon such person.
• The death of the person while in a correctional facility or program.
• DNA testing ordered or performed to determine innocence of the person incarcerated.
• Correctional officials will keep confidential the addresses, phone numbers, places of employment, or other personal information about the victim or the victim’s immediate family.

Following a sentence to probation and upon the written request by a victim, the probation department shall notify the victim of the following information regarding any person who was charged with or convicted of a crime against the victim:

• The location and telephone number of the probation department responsible for the supervision of the person;
• The date of the person’s termination from probation supervision;
• Any release of the person in advance of the originally imposed sentence;
• Any probation revocation or modification hearing regarding the person and any changes in the scheduling of the hearing;
• Any change of venue, jurisdiction, or transfer of probation supervision from one jurisdiction to another;
• Any complaint, summons, or warrant filed by the probation department for failure to report to probation or because the location of a person convicted of a crime is unknown; and
• The death of the person while under the jurisdiction of the probation department.