Plea Agreement Provisions for Victims

(a)Victims or their surviving immediate family members have the right to be notified of any potential plea agreement and to express their views on any proposed plea agreements prior to a plea agreement being reached between the prosecutor and the defendant. The prosecutor shall consider the views of the victim or the surviving immediate family members in deciding whether to negotiate or conclude a plea agreement with a defendant.

(b)Victims or their surviving immediate family members have the right to be notified when a plea agreement is to be presented to the court, and to express their views on the plea agreement to the court prior to the court accepting or rejecting the plea agreement. The court shall consider the views of the victim or the surviving immediate family members in deciding whether to accept or reject the negotiated plea agreement.

(c)Before a plea agreement is allowed in any aggravated murder case where a defendant has, or is alleged to have, with a premeditated intent caused the death of another person, caused the death of such person or of a third person, and there was more than one victim, and the murders were part of a common scheme or plan, or the result of a single act of the defendant, a prosecutor shall:

(1)explain to victims or their surviving immediate family COL120106 CH. 160 CRIME V ICTIM’S R IGHTS ACT OF 2004 members of the case, the rights of victims;

(2)explain to victims or their surviving immediate family members of the case, how the plea agreement process works and the circumstances that might lead to a plea agreement; (3)explain to victims or their surviving immediate family members of the case, how victim advocates can help victims prepare and submit impact statements that are useful to both the prosecutor and the court throughout the plea agreement process;

(4)ensure victims or their surviving immediate family members are notified of any potential plea agreement and have the opportunity to express their views on any proposed plea agreements prior to any plea agreement being reached with the defendant; and

(5)ensure victims or their surviving immediate family members are notified when a plea agreement is to be presented to the court and have the opportunity to express their views on the plea agreement to the court prior to the court accepting the plea agreement.