• To receive emergency, social, and medical services as soon as possible after a crime has been committed or reported.
• To receive a victim notice and registration form which must be completed and returned to the appropriate law enforcement and judicial agency in order to assure these rights.
• To be notified and informed by the Crime Victims Services Bureau, in the event of a felony conviction, of successful court appeals, parole or pardon board hearings or other release hearings, information regarding dates of possible release from physical custody, escape, apprehension or otherwise, and information concerning the department of correction’s policies and programs for inmates.
• To be notified by all law enforcement agencies having custody of those accused or convicted about the accused’s or a defendant’s arrest, release on recognizance, posting of bond, release pending charges being filed, release due to rejection of charges by the district attorney, escape or reapprehension.
• To be provided reasonable notice by the clerk of court of judicial proceedings relating to your case.
• To be interviewed prior to trial to determine the facts of the case and whether restitution is requested. All law enforcement and judicial agencies shall provide a private setting for all interviewing of victims of crime. Only those persons directly and immediately related to the interviewing of the victim, specifically the victim, a social worker, psychologist, or other professional, the victim advocate designated by the sheriff’s office or a representative from a not-for-profit victim service organization shall be present, unless the victim requests the exclusion of such person from the interview, and when appropriate the parent or parents of the victim.
• To refuse any requests for interviews with the attorney for the defendant or any employee or agent working for the attorney for the defendant. Before any victim may be subpoenaed to testify on behalf of the defendant at any pre-trial hearing, the defendant shall show good cause at a contradictory hearing with the district attorney why the subpoena should be issued.
• To retain counsel to confer with law enforcement and judicial agencies regarding the disposition of your case. The prosecutor may confer with the counsel retained by you in the prosecution of the case.
• To be contacted within a reasonable time period, upon written notification to the district attorney’s office, by that office, to schedule a conference with you in order to obtain your view, either orally or in writing regarding: the disposition of the criminal case by dismissal, plea, or trial, the use of available sentencing alternatives such as incarceration, probation , community service, and the payment of restitution.
• To be assisted by judicial and law enforcement agencies in informing employers that the need for victim and witness cooperation in the prosecution of the case may necessitate absence of that person from work.
• To be provided with a secure waiting area during court proceedings which does not require victims, witnesses, or homicide victim’s families to be in close proximity to defendants, their families or friends.
• To review and comment upon, if properly registered with the clerk of court, the pre sentence or post sentence reports relating to the crime against you.
• To be protected at all times by all rules and laws governing the criminal procedure and the admissibility of evidence applicable to criminal proceedings.
• To a speedy disposition and a prompt and final conclusion of the case after conviction and sentencing. When ruling on a defense motion for continuance, the court shall consider the impact on the victim.
• To be present and heard at all critical stages of the proceedings. To make a victim impact statement, if registered with the appropriate law enforcement or judicial agency. If the victim is not present in court but is registered appropriately, the court will determine if proper notice was provided to the victim. If proper notice was not provided the court shall continue the proceedings until proper notice is issued.
• To submit a written impact statement to the state and the defendant which shall be made part of the court record. The statement may be submitted by the district attorney upon request of the victim. Any such statement may be sealed by the court after review by the parties if requested by the victim or deemed necessary by the court after review by the parties.
• To submit an oral impact statement to the court. In any case where the number of victims or family members exceeds three, the court may limit the number of in court statements.
• The opportunity to comment upon matters relating to the appropriate sentence.
• The right to have any stolen or person property returned when it is no longer required as evidence.
• If the defendant is found guilty, the court or the parole board shall require the defendant to pay restitution to the appropriate party in an amount and manner determined by the court. In addition, the court or parole board may require the defendant to perform community service work. One of the conditions of work release shall be a requirement that an inmate pay from his earnings all restitution ordered by the court or parole board. If restitution has not been ordered, the sheriff or director of the program shall have the right to require payment of restitution as a condition of work release.
• In cases where the sentence is the death penalty, the victim’s family shall have the right to be notified by the Department of Public Safety and Corrections of the time, date, and place of the execution, and a minimum of two representatives of the victim’s family shall have the right to be present.
• To be notified by certified mail of appeal or release of an inmate by the Department of Public Safety and Corrections, if properly registered.
• To be notified immediately at the most current address or phone number on file by the Department of Public Safety and Corrections in the event of an escape or absconding by an adult or juvenile inmate. If the inmate is recaptured, notice shall be sent within forty-eight hours to the registered victim contact person.
• To be notified by the Board of Pardons or the Board of Parole that a hearing has been set for the person convicted of the crime against the victim. The victim or the victim’s family shall have the right to make written and oral statements as to the impact of the crime at any hearing before either board and to rebut any statements or evidence introduced by the inmate or defendant. The victim, victim’s family, a victim advocacy group and the district attorney or his representative, may also appear before either board in person or by means of telephone communication from the office of the local district attorney.

IN ORDER FOR A VICTIM OR DESIGNATED FAMILY MEMBER TO BE ELIGIBLE TO RECEIVE NOTICES AND EXERCISE THE RIGHTS ABOVE, THE VICTIM OR DESIGNATED FAMILY MEMBER MUST COMPLETE THE VICTIM NOTICE AND REGISTRATION FORM AND SUBMIT IT TO THE APPROPRIATE LAW ENFORCEMENT OR JUDICIAL AGENCY. THIS FORM MAY BE COMPLETED AT ANY TIME. THE INFORMATION PROVIDED ON THE REGISTRATION FORM SHALL AT ALL TIMES BE KEPT CONFIDENTIAL BY ALL LAW ENFORCEMENT AND JUDICIAL AGENCIES HAVING POSSESSION.

updated 01/2000