Summary of Ohio's Crime Victim Rights Law

Eligible Victims
    Victims or their designated representative, such as Victim Advocate or family member, include victims of:

• All felony crimes (property or violent)
• Misdemeanor crimes (including similar municipal ordianances) of:
  • Domestic Violence
  • Assault
  • Vehicular Homicide
  • Negligent Homicide
  • Sexual Imposition
  • Menacing by Stalking
  • Menacing
  • Aggravated Menacing
  • Intimidation of a Crime Victim or Witness
• The above crimes if committed by a juvenile, and rights in similar proceedings in Juvenile Court

Responsibility for Compliance
    Prosecutors must seek compliance with victims rights, but failure of any right does not change results or allow for damage claims by victims.

Required Notices to Victims
    Law enforcement and prosecutors must promptly give certain information included in the "Picking Up The Pieces" pamphlet prepared by the Attorney General, including available victim's rights, assistance, victim's compensation and protective order information. (NOTE: You will need Adobe Acrobat® Reader^TM to view this pamphlet. Download your free copy here.)
    Law enforcement also must provide contact information of investigator and prosecutor, notice of an arrest, name of defendant or alleged juvenile offender, eligibility for accused pre-trial release, the victim's right to know if the accused has been arrested or released and to know of the right to be free from intimidation.
    Prosecutors must, "to the extent practicable", confer with the victim or designated representative before a plea bargain, amendment, dismissal or trial. Judges must note on the record any known time a prosecutor fails to confer and the prosecutor's reason.
    If the Juvenile Court amends, dismisses, grants diversion or has an adjudicatory hearing on a case prior to the Prosecutor's involvement in the case, the Court "shall notify the victim" of the action the court will take.
    A Court shall not dismiss charges or juvenile complaints solely at the request of the victim and over the objections of the Prosecutor.
    Prosecutors (or designee) also must, to the extent practicable, inform victims of the name of the accused and the crime or delinquent act, case number, procedural steps and the victim's right to attend all proceedings, summary of rights, intimidation response procedures, person and phone contact, need to request notices and the right to select a representative to receive these notices on the victim's behalf.

Required Notices If a Victim Requests
    The Prosecutor, or Court if it is a delinquency hearing without a Prosecutor, must notify the victim of:

• All Court proceedings and changes to those proceedings or to the schedule in the case, including date, time and location
• Acquittal or Conviction - If convicted, then notified of:
  • Crimes convicted of
  • Phone number and address of probation office or person preparing pre-sentence investigation (PSI)
  • Right of the victim to make a statement as part of the PSI. Judge may show the victim's statement to the defendant.
  • The date, time and place of sentencing and the right to speak at sentencing
  • The sentence and any change of the sentence
• An appeal being filed and information on:
  • The appeal process
  • The release of the defendant
  • Time and place of appeal
  • Results of the appeal
• Any hearings for judicial release including sexual predator status and the victim's right to make a statement

• Incarceration of the accused or any commitment of the juvenile
• The likely release date
• The contact information of the custodial agency and its victim services office
• The victims right to submit a request to be notified of actions the release authority takes

Revoking Bond or Release
    If a defendant or an alleged juvenile offender is released on bond or personal recognizance, and the victim or victim's family has been harmed or threatened, then the victim may request the prosecutor to motion the court to reconsider bond or release conditions.

Confidentiality
    Prosecutor may motion for the court to suppress victim or victim representative identifying information if there are reasonable grounds to fear from threat or violence. The "court shall hold" the recorded hearing in chambers.
    The court may suppress victim information from files, except when determining the location of the crime or delinquent act, and seal the transcript of the hearing.

Speedy Prosecutions
    If practical, the prosecutor must inform each victim who requested notices of any possible delays, and if the victim objects, the prosecutor must inform the judge and the judge must consider the victims' concerns before approving delay.

Be Present
    Victims may attend any hearing the defendant or alleged juvenile offender is present (except Grand Jury), unless the judge rules exclusion of the victim or victim representative is necessary to guarentee a fair trial or proceeding.

Support Person
    At a victims request, the judge must permit a support person to accompany the victim unless the judge rules this will cause an unfair trial or deliquency proceeding.

Separate Waiting Area
    The court must attempt to minimize unwanted contacts between victims and the accused. The court must attempt to provide a separate victim waiting area from the accused.

Property Return
    Law enforcement must promptly return property to the victim unless it is contraband, ownership is disputed, prosecutor certifies it must be kept instead of photographed or the judge promptly rules evidentiary value to defendant or alleged juvenile offender is greater than the victims need for the property.

Victim Impact Statement
    Victims may make a written or oral statement for the victims section of any Disposition Information Report (DIP) or Pre (or Post) -Sentence Investigation (PSI) that a judge orders. The victim's statement must be included as part of a Victim Impact Statement and, if requested by the victim, the victim's written statement must be included in the DIP or PSI.
    Victim Impact Statements may include physical, psychological and emotional harm, property damage or economic losses, restitution needs and the victim's opinion on sentencing/disposition.
    Before sentencing of an adult or disposition of an alleged juvenile offender the judge must permit a statement from the victim. The judge may give a copy of any written statement to defendant or juvenile and their attorney, and give the victim and prosecutor any written statement by the offender or juvenile.
    The judge may redact irrelevant information. Written statements are not public record and must be returned to the court immediately after the hearing. New information may require a response from the defendant or juvenile.
    Before a release hearing from prison or department of youth services the judge must permit and consider a victim's statement and any opinion on whether the release should be granted and, if statement is written, a copy given the defendant or juvenile and the department of youth services or adult parole authority.

Release or Escape Notification
    If a victim requests the custodial agency must notify the victim:

• Three weeks prior to:
  • Adult Parole Authority recommends or holds an early release hearing and, in some cases, to testify at a full parole board hearing, or;
  • Transfer to transitional control (for eligible inmates within the last 180 days of confinement - e.g. furlough for work, education or electronic monitoring). Notices are done promptly when released to visit a dying relative or for a funeral.
• Thirty days before any release or review hearing by the Department of Youth Services (DYS)
• Promptly if escaped or absent and of recapture, and if defendant dies and any other release and conditions of the release

    (For further information on receiving information concerning an inmate's release/status visit the Ohio General Attorney's VINE website or Department of Corrections website. Also, visit the G.A.'s section on Crime Victims Compensation.)

Employee Protections
    Employers cannot punish victims for preparing for or attending hearings at the prosecutor's request or by subpoena. Violation is contempt of court.

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This page copied from "Summary of Ohio's Crime Victim Rights Law - Ohio Revised Code Section 2930) prepared by:
David Voth, Director of Crime Victim Services of Allen and Putnam Counties, Ohio
(419) 222-8666
http://www.crimevictimservices.org

Not to be used as legal advise.