Victims Rights

Rights Granted to Victims of a Crime in North Dakota

• As victim of crime in North Dakota, you have the following post sentencing rights:
  
  
• To receive prompt notice of the inmate's release from custody, including work release program, community residential program or transfer to mental health facility.
  
  
• To be informed of the parole and pardon process, including notice of any pending review.
  
  
• To submit a written statement to the parole board and pardon advisory board concerning the impact of the crime. Victims of violent crime, may, at the board's discretion, personally appear to give a statement.
  
  
• To be notified of the parole board and pardon advisory board's decision.
  
  
• To be notified of protection available in cases of intimidation.
  
  
• To be informed of appropriate and available community services.
  

Services Available For Crime Victims

• Crisis intervention and advocacy throughout the correction process.
  
  
• Information regarding status of inmates in prison or under the supervision of the Department of Corrections and Rehabilitation (DOCR)
  
  
• Notification of inmate release and explanation of victim notification process
  
  
• Community education about policies and procedures of the DOCR
  
  
• Referrals to other state and community services
  

Victim Responsibilities

To keep the Victim Service Program informed as to a current address and phone number.

Victim Comments

Your comments may be oral or written and may include the physical, financial, and emotional impact of the crime on you and your family, the anticipated risk of continued physical, financial, and emotional impact, the advisability of release and conditions of release, and any other issues of concern to you.
Your comments shall be considered in the final release decisions made by the parole board and pardon advisory board. 

Both boards review a variety of factors including: comments from the sentencing judge, state's attorney, institutional adjustment, previous parole experience, and emotional stability.
Victim comments are shared with the board members but are not made known to the offender.

The Release Process

• Expiration of Sentence - release occurring when an inmate has served to the maximum sentence date.
  
  
• Parole- discretionary release of an inmate granted by the North Dakota Parole Board. The offender may be returned to incarceration for violating conditions of parole.
  
  
• Pardon - request from an offender for sentence modification requiring the approval of the Pardon Advisory Board and the Governor.
  

Notification Process

The DOCR Victims Service Program will provide notification of the following changes in an inmate's status if a current address is known.

• When inmate arrives at the North Dakota State Penitentiary.
  
  
• Assignment to work release
  
  
• Temporary leave
  
  
• Education release
  
  
• Release on parole status
  
  
• Release on pardon status
  
  
• Expiration of sentence
  
  
• When the offender is revoked on probation or parole and is returned to the penitentiary
  
  
• Death
  
  
• Escape
  

Additional Information

The DOCR determines an inmate's custody classification based upon a number of factors. An inmate's custody level determines the level of security needed for management of the inmate. The DOCR assigns inmates to a particular correctional facility based, in part, on the custody classification and the needs of the inmate. The location of an inmate is public information and will be provided upon request. 

The North Dakota Century Code allows for inmates convicted after August 1, 1995, to earn five days good time per month except when incarceration is six months or less. 

Certain aspects of an offender's release plan, including special conditions of supervision imposed by the parole board or the DOCR are public information and will be provided at request. 

The DOCR will intervene if a crime victim or member of the public is receiving unwanted telephone or written communication from an inmate. 

For more details on victims' rights visit the North Dakota Department of Corrections and Rehabilitation website.

Source: North Dakota Department of Corrections and Rehabilitation