Basic Bill of Rights for Victims

COL120106 CH. 160 CRIME V ICTIM’S R IGHTS ACT OF 2004 Victims and/or surviving immediate family members shall have the following rights:

(a)To be immediately informed by the Office of the Attorney General of the final disposition of the case. If the crime charged is a felony, the victim or a surviving immediate family member shall be notified of major developments in the case, whenever appropriate, in order to avoid jeopardizing an investigation. The victim or surviving immediate family member shall be immediately notified whenever the defendant or perpetrator is released from custody. The victim or the surviving immediate family member shall also be consulted and advised about plea-bargaining.

(b)To be notified by the prosecuting attorney if a court proceeding to which they have been subpoenaed will not proceed as scheduled in a timely manner.

(c)To receive protection from threats or harm in accordance with local witness and victim protection program guidelines.

(d)To be promptly informed by the victim witness counselor and the probation officer when the defendant has violated a criminal restraining order, a court-imposed stay-away order, terms or condition of release, terms of probation, or terms of a plea agreement.

(e)To be informed by the police, victim witness, or other criminal justice personnel of financial assistance and other social services available as a result of being a victim of crime, including information on how to apply for the assistance and services.

(f)The court shall provide a waiting area for the victim separate from the defendant, defendant’s relatives, and defense witnesses if such an area is available and the use of the area is practical. If a separate waiting area is not available or practical, the court shall provide other safeguards to minimize the victim’s contact with defendant, defendant’s relatives, and defense witnesses during court proceedings.

(g)To have any stolen property or other personal property expeditiously returned by law enforcement agencies when such property is no longer needed for evidence, and the court or the Attorney General has approved its release. If feasible, all such property, except weapons; currency; contraband; property subject to evidentiary analysis; and property, the ownership of which is disputed, COL120106 CH. 160 CRIME V ICTIM’S R IGHTS ACT OF 2004 shall be returned to the person within ten

(10)days of being taken, and the court or Attorney General has approved its release.

(h)To be informed as provided in this Chapter of escapes and changes planned in the custodial status of the offender that allow or result in the release of the offender into the community, including furlough, work release, placement on supervised release, release on parole, and final discharge at the end of a prison term; and to be informed by the Office of the Attorney General of changes in the custodial status of the offender as a result of release on bail bond, or release on appeal bond.

(i)To be informed by the Parole Board through the Department of Correction’s Parole Services Division when the offender is seeking early release and/or parole, and to be afforded a right to submit letters, and to appear and testify at a release hearing subject to the provisions of § 160.92 herein.

(j)To be promptly informed by the Department of Correction’s Parole Services Division when the offender has violated that person’s parole subject to the provisions of § 160.92 herein.

(k)In cases charged and pled to as a felony, to be informed by the prosecutor, by telephone, facsimile or mail, of all trials, changes of pleas, sentencing and other major developments at least three

(3)working days in advance.

(l)To testify as to the actions of the defendant and their effect upon the victim and the victim’s family, to be represented by retained counsel, and to call witnesses at sentencing, reduction of sentence or parole hearing, subject to relevance; and at the discretion of the court, to testify at any change of plea or hearing to consider acceptance of a plea agreement.

(m)To be notified by I Maga’lahen Guåhan upon submission of request relative to the pardon of the defendant or the perpetrator, subject to the provisions of § 160.92 herein.

(n)Upon written request, witnesses of crime shall be provided the same protections afforded in this Section.

(o)The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process. COL120106 CH. 160 CRIME V ICTIM’S R IGHTS ACT OF 2004

(p)The Office of the Attorney General shall provide postconviction information to victim’s, to include information concerning availability social services, counseling programs, and financial assistance programs.

(q)The Office of the Attorney General is to provide a special hotline for victims to assist them in obtaining notification and information before and after conviction.