Alaska - Crime Victims' Rights (3)

(*** At Victim's Request)

Sentencing:

• The court may not mitigate or reduce the punishment of the defendant based on the failure of the crime victim to appear or testify.
• Prosecutors, if requested, shall notify the victim of sentencing agreement and before accepting a negotiated agreement. The court shall determine that the victim has not been intimidated or coerced in reaching the agreement.***
• In crimes of domestic violence, the prosecutor shall, upon request, confer with the victim about proposed plea agreements prior to acceptance.***
• As part of the pre-sentence report prepared for felony offenders, the probation officer shall prepare a victim impact statement reporting any financial, emotional, and medical effects of the offense on the victim; the need of the victim for restitution; and any other information required by the court.
• The prosecutor shall, upon request, provide the victim with the address and phone number of the office preparing the pre-sentence report.***
• Prior to sentencing, the prosecutor shall, upon request, provide the victim with portions of the pre-sentence report outlining the summary of the offense prepared by DOC; the defendant's version of the offense; all statements and summaries of statements of the victim; and the sentence recommendation of the DOC.***
• A victim may submit to the sentencing court a written statement that the victim believes is relevant to the sentencing decision and may give an oral presentation to the court at the sentencing hearing. If the victim declines to make a statement, the victims' advocate may submit a written statement or oral presentation at the sentencing hearing on behalf of the victim.
• In a felony sentencing, the victims may make a written or oral statement for use in preparation of the pre-sentence report.
• In a conviction for a felony offense, the court shall specifically make a finding regarding financial, emotional, and medical effects of the offense on the victim; the need of the victim for restitution.
• Victims may address the three-judge sentencing panel if the panel chooses to supplement the record.

Restitution Rights Of Crime Victims:

• Public policy favors requiring criminals to compensate their victims for injuries and damages sustained.
• Restitution is not limited to a criminal court award, victims may also seek restitution in civil court proceedings.
• Restoration of the victim shall be specifically considered as part of the sentencing criteria.
• Information regarding violent crimes compensation and the procedure for applying for such aid should be given to the victim.

Post Sentencing Crime Victims' Rights:

• Prosecuting entity, if requested, shall notify the victim of a felony or domestic violence crime, in writing of the final disposition of the case within 30 days after final disposition of the case.***
• Notice of an appeal by prosecuting entity if requested by victim in felony or domestic violence crime.***
• Notification if the offender escapes from custody or is released to the community on a furlough, on an early release program, or for any other reason. Automatic in domestic violence crimes; upon request in other crimes. Requires victim to keep address on file with DOC.***
• After conviction, the victim is entitled to be informed by the prosecutor about the defendant's complete conviction history.***
• Every person contracting with an offender with respect to the reenactment of the offender's crime by way of a movie, book, magazine article, radio or television presentation, live entertainment of any kind, or from the expression of the offender's thoughts, feelings, opinions, or emotions regarding the crime, shall pay the victim's restitution claims first, the remainder of the monies go to the state.

Post Sentencing - Modifications:

• Victims are entitled to address the court presiding over a prisoner's motion to modify or reduce their sentence. Victim may request notice by providing address information to DOC.***
• Department of Corrections shall send the victim a copy of any motions to modify or reduce sentence and inform the person of that person's rights under this section, the deadline for receipt of written comments, the hearing date, and the court's address. Victims must maintain updated address information with DOC.
• Notification of hearings to consider or review discretionary parole of the defendant. Victim must maintain address information with DOC and Parole Board.***
• Before granting probation to a person convicted of a crime involving domestic violence, the court shall consider the safety and protection of the victim and any member of the victim's family. The court may also impose any other condition necessary to protect the victim and any members of the victim's family or to rehabilitate the defendant.

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