Bail Review Rights Of Crime Victims:
- Notice of hearings where the accused's release is considered, the right to be present and to be heard.
- Court must consider the victim's comments in making the decision to release a defendant in domestic violence cases and in sexual assault cases.
- Victim's safety should be specifically considered before releasing the accused in a stalking non-DV, in domestic violence, and in sexual assault. This includes an order prohibiting the defendant from having contact with the victim.
- Notice of cancellation of a hearing or court proceeding at which the victim has been subpoenaed to testify.
- Receive a copy of the conditions of release when a prisoner charged with a domestic violence offense is released from custody (from correctional facility by other arresting authority).
- Victims should receive protection from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts and be provided with information regarding the protection available. This can include protection orders, assistance in obtaining personal belongings; transportation to a safe home or shelter, assistance in obtaining medical treatment.
- An automated phone service (VINE) is established to provide crime victims with notice by telephone when there is a change in the status of their offender. The system must also allow crime victims to initiate telephone calls to the system to receive the latest status report for their offender.
Crime Victims' Rights at Trial:
- Victims shall be notified of the date and time of trial and have a right to be present at all hearings and court proceedings where the defendant has a right to be present.
- If a victim of a felony or domestic violence crime requests, the prosecutor should confer with the victim regarding trial testimony.***
- A victim cannot be compelled to submit to a psychiatric evaluation unless the victim's psychiatric or psychological condition is an element of the offense charged; or the victim suffers from a continuing psychological or psychiatric condition that resulted from the offense charged.
- Evidence of past sexual conduct inadmissible absent a specific finding of relevance by the court.
- An employer may not penalize or threaten to penalize a victim because the victim is subpoenaed or requested by the prosecuting attorney to attend a court proceeding for the purpose of giving testimony.
Proceedings Relating to Psychiatric Commitment Of the Accused:
- Notice shall be provided if an offender is committed to the custody of the Department of Health and Social Services; notice shall be given of any pending or actual change in status. Victim may request notice by providing address information to DHSS.***
- Any victim given notice of a proposed change in commitment status of an offender has the right to submit a written statement, or to appear personally before the court.
- Notice regarding a finding of not guilty by reason of insanity
- Notice upon request, of hearings relating to special medical parole. Victim may request notice by providing address information to Parole Board. .***
Next > Part 3 >Crime Victims Rights -- Sentencing and Public Records
