Victims Rights

Rights Granted to Victims of a Crime in Wyoming

In 1991, the State of Wyoming enacted the Wyoming Victim Bill of Rights. This act allows crime victims and witnesses greater access to and participation in the state's criminal justice system. In responding to its responsibilities as depicted by the act, the Wyoming Department of Corrections (DOC) began its Victim Notification Program.

• The right to be treated with compassion, respect and sensitivity within the criminal justice system.
  
  
• The right to know the whereabouts of the offender and the current status of the case.
  
  
• The right to receive restitution from offenders.
  
  
• The right to know all rights under this law including information about services and victims assistance at the local level.
  
  
• The right to know about victim compensation.
  
  
• The right to reasonable protection and safety and the right to know of legal recourse if threatened.
  
  
• The right to prompt return of property.
  
  
• The right to preservation of employment while participating in the criminal justice process.
  
  
• The right to be informed about the opportunity to make a victim impact statement at sentencing and parole hearings.
  
  
• The right to be present at trial.
  

What Does the Victim Notification Program Do?

The Victim Notification Program has set its mission to keep victims, key-witnesses, prosecutors, victim/witness coordinators and advocates informed and involved in the Department of Corrections while the offender is in the custody of the department. 

The program provides eligible participants, who have participated in the criminal prosecution of a specific case, written notification of that offender's status. This notification is only provided about those offenders who are initially sentenced to and incarcerated in an adult penal institution that is under the supervision of the DOC. 

The program does not provide notification regarding misdemeanant offenders sentenced to jail or offenders placed on probation.

What Information Will be Provided?

The following is a list of items for which you may receive notification regarding the offender:

• Anticipated release date
  
  
• Institutional transfers
  
  
• Work release locations
  
  
• Granting or modification of parole
  
  
• Escape/recapture
  
  
• Death of an offender
  
  
• Reductions or extensions of the sentence
  
  
• Release from the institution
  
  
• Furloughs
  
  
• Application for pardon
  
  
• Commutation recommendations
  
  
• Appeals
  

In addition to the above, those individuals who have been identified as a victim will be given advanced notice of Board of Parole hearings and any consideration to be given an offender for community placement by Adult Community Corrections boards. This is to afford the victim the opportunity to submit written comments to the appropriate board for its consideration. 

In the case of Board of Parole hearings only, the victim may appear in person or submit an audio/video cassette in lieu of providing a written statement. 

For more information visit Wyoming Department of Corrections web site. 

Source: Wyoming Department of Corrections

Victims Rights

Rights Granted to Victims of a Crime in New Jersey

Rights of Victims of Crime in New Jersey:

• To be treated with dignity and compassion by the criminal justice system
  
  
• To be informed about the criminal justice process
  
  
• To be free from intimidation
  
  
• To have inconveniences associated with participation in the criminal justice process minimized to the fullest extent possible
  
  
• To make at least one telephone call provided the call is reasonable in both length and location called
  
  
• To medical assistance if, in the judgment of the law enforcement agency, medical assistance appears necessary
  
  
• To be notified if presence in court is not needed
  
  
• To be informed about available remedies, financial assistance and social services
  
  
• To be compensated for their loss whenever possible
  
  
• To be provided a secure, but not necessarily separate, waiting area during court proceedings
  
  
• To be advised of case progress and final disposition
  
  
• To the prompt return of property when no longer needed as evidence
  
  
• To submit a written statement about the impact of the crime to a representative of the county prosecutor's office which shall be considered prior to the prosecutor's final decision concerning whether formal criminal charges will be filed
  
  
• To make, prior to sentencing, an in-person statement directly to the sentencing court concerning the impact of the crime. This statement is to be made in addition to the statement permitted for inclusion in the pre-sentence report by N.J.S. 2C:44-6. In any homicide prosecution the victim's survivor may display directly to the sentencing court at the time of this statement a photograph of the victim taken before the homicide.
  
  

For more information visit The New Jersey Office of Attorney General web site.

Victims Rights

Victim Rights Granted to Victims of a Crime in New Hampshire

• The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.
  
  
• The right to be informed about the criminal justice process and how it progresses.
  
  
• The right to be free from intimidation and to be reasonably protected from the accused throughout the criminal justice process.
  
  
• The right to be notified of all court proceedings.
  
  
• The right to attend trial and all other court proceedings the accused has the right to attend.
  
  
• The right to confer with the prosecution and to be consulted about the disposition of the case, including plea bargaining.
  
  
• The right to have inconveniences associated with participation in the criminal justice process minimized.
  
  
• The right to be notified if presence in court is not required.
  
  
• The right to be informed about available resources, financial assistance, and social services.
  
  
• The right to restitution, as granted under RSA 651:62-67 or any other applicable state law, or victim's compensation, under RSA 21-M:8-h or any other applicable state law, for their losses.
  
  
• The right to be provided a secure, but not necessarily separate, waiting area during court proceedings.
  
  
• The right to be advised of case progress and final disposition.
  
  
• The right of confidentiality of the victim's address, place of employment, and other personal information.
  
  
• The right to the prompt return of property when no longer needed as evidence.
  
  
• The right to have input in the probation pre-sentence report impact statement.
  
  
• The right to appear and make a written or oral victim impact statement at the sentencing of the defendant.
  
  
• The right to be notified of an appeal, an explanation of the appeal process, the time, place and result of the appeal, and the right to attend the appeal hearing.
  
  
• The right to be notified and to attend sentence review hearings and sentence reduction hearings.
  
  
• The right to be notified of any change of status such as prison release, permanent interstate transfer, or escape, and the date of the parole board hearing, when requested by the victim through the victim advocate.
  
  
• The right to address or submit a written statement for consideration by the parole board on the defendant's release and to be notified of the decision of the board, when requested by the victim through the victim advocate.
  

Victims' Assistance Commission

The New Hampshire Victims' Assistance Commission helps innocent victims of violent crime with expenses directly related to crime injuries. The costs of this program are paid by motor vehicle and criminal fine assessments and federal Victims Of Crime Act (VOCA) grants.

Who is Eligible?

• Any person who sustains physical and/or mental injuries in a felony crime which occurred in New Hampshire on or after 11/02/89 or a misdemeanor crime that occurred in New Hampshire on or after 7/1/97.
  
  
• Any person who sustains personal injury as a result of persons driving under the influence of alcohol or controlled substances in New Hampshire on or after 11/02/89.
  
  
• Immediate family members of a homicide victim who was killed on or after 11/02/89.
  
  
• New Hampshire residents injured by any of the above crimes in a state without a compensation program may also be eligible.
  

What Must You Do To Get Help?

• You must report the crime to local law enforcement within 5 days, unless there is a reasonable explanation why you did not.
  
  
• You must file an application with the commission within one year from the date of the crime, unless there is a reasonable explanation why you could not.
  
  
• You must cooperate with the reasonable requests of law enforcement officers and prosecutors in their investigation or prosecution of the crime.
  
  
• You must incur at least $100.00 in out-of-pocket loss or liability as a direct result of the crime.
  
  
• You must not have contributed in any way to the injury or death.
  
  
• You must not have been assisting in or committing a criminal act causing your injuries.
  

For more information visit The New Hampshire Department of Justice web site.

Source:The New Hampshire Department of Justice

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

Victims Rights

Rights Granted to Victims of a Crime in the State of Louisiana

As a victim or designated family member of a victim, you may have the right of notification of certain proceedings in the criminal justice system that may affect you. For this registration you must file a Victim Notice and Registration Form with the arresting law enforcement agency, the clerk of court or the prosecuting agency that has jurisdiction over the case. 

By registering as a victim, you are also entitled to do a Victim Impact Statement. For you to have these Statutory Rights, the defendant must be charged with any homicide, felony crime of violence, vehicular negligent injuring, first-degree vehicular negligent injuring, sexual offense, or an attempt thereof.

• The right to reasonable notice and to be present and heard during all critical stages of pre-conviction and post-conviction proceedings. 
  
  
• The right to be informed upon the release from custody of the escape of the accused or the offender. 
  
  
• The right to confer with the prosecution prior to final disposition of the case. 
  
  
• The right to refuse to be interviewed by the accused or a representative of the accused. 
  
  
• The right to review and comment upon the pre-sentence report prior to imposition of sentencing.
• The right to seek restitution. 
  
  
  
  
• The right to a reasonably prompt conclusion to the case. 
  
  
• As a witness you have many of the same rights given to the victim. For example, the witness has a right to advance notification concerning judicial proceedings and to be provided a secure waiting area during court proceedings, which does not require close proximity to defendants and their family or friends.
  

A crime victim witness coordinator assists those who have a case pending within the Attorney General's Criminal Division. If you have been a victim or witness or a crime and need assistance contact the Attorney General's Office.

Victims Rights

Rights Granted to Victims of a Crime in the State of Idaho

A crime victim has the following rights:

• To be treated with fairness, respect, dignity and privacy throughout the criminal justice process. 
  
  
• To timely disposition of the case. 
  
  
• To prior notification of trial court, appellate and parole proceedings and, upon request, to information about the sentence, incarceration and release of the defendant. 
  
  
• To be present at all criminal justice proceedings. 
  
  
• To communicate with the prosecution. 
  
  
• To be heard, upon request, at all criminal justice proceedings considering a plea of guilty, sentencing, incarceration or release of the defendant, unless manifest injustice would result. 
  
  
• To restitution, as provided by law, from the person committing the offense that caused the victim's loss. 
  
  
• To refuse an interview, ex parte contact, or other request by the defendant, or any other person acting on behalf of the defendant, unless such request is authorized by law. 
  
  
• To read pre-sentence reports relating to the crime. 
  
  
• To the same rights in juvenile proceedings, where the offense is a felony if committed by an adult, as guaranteed in this section, provided that access to the social history report shall be determined by statute. 
  
  

See the "Idaho Department of Corrections"
More information on the rights of victims' of crime in the state of Idaho.

Victims Rights

Rights Granted to Victims of a Crime in the State of Georgia

You Have The Right To Be Notified Of:

• Arrest of the accused. 
  
  
• Availability of victim service programs. 
  
  
• Availability of compensation for victim's of violent crime. 
  
  
• Any court hearings where release of the accused will be considered. 
  
  
• Release of the accused. 
  
  
• Court proceedings during prosecution of the case. 
  
  
• Motion for new trial or appeal dates. 
  
  
• Change of status of the defendant, if you request this in writing.
  

You Have The Right To:

• Express your opinion on the release of the accused pending court proceedings. 
  
  
• Express your views on the outcome of the case prior to plea negotiations or sentencing of the accused. 
  
  
• Complete a Victim Impact Statement.
  

Notification To Victims Of Crime

The Office of Victim Services will notify registered victims when any of the following occurs:

• The inmate is released from prison having completed the court ordered incarceration. 
  
  
• The inmate has been approved for transfer to a work release transition center. 
  
  
• Removal from transition center to be returned to prison 
  
  
• Escape of an inmate from custody. 
  
  
• Recapture of an escapee. 
  
  
• The release from prison after completing the confinement portion of the sentence to begin a court ordered probation period. 
  
  
• A scheduled parole release from prison. 
  
  
• An offender's parole is revoked and the parolee is returned to the custody of the Department of Corrections. 
  
  
• Transfer to the custody of another authority outside of the Georgia Department of Corrections. 
  
  
• The death of the inmate while in the custody of the Georgia Department of Corrections
  

Services to Victims of Crime

• A toll free number is available for crime victims to contact the Office of Victim Services 
  
  
• Registration of crime victims for notification of the release of their offender from the custody of the Georgia Department of Corrections. 
  
  
• Notification of an inmate's release or escape from the custody of the Georgia Department of Corrections. 
  
  
• Advocacy on behalf of victims concerning their particular needs in the correctional process, including but not limited to: situations involving harassment by inmates, compliance with court mandated conditions, unwanted contact, etc.
  
  
• General information regarding the status of offenders in the custody of or under the supervision of the department of corrections.
  
  
• Referrals for crime victims to other state, federal and community based services. 
  
  
• Notification of execution dates along with preparation and orientation for the survivors of homicide victims who choose to be present at an execution.
  

Victim Information and Notification Every Day

V.I.P. is an automated information and notification system used by the Georgia Department of Corrections to provide registered victim's or their families with access to information about their offender 24 hours a day, everyday. 

V.I.P. Hotline: 1-800-593-9474. 

V.I.P. also functions as a notification system. Through computer generated telephone calls, victims who have registered with the Georgia Department of Corrections will automatically receive notification of the release of their offender from custody. 

The information and notification services of the V.I.P. system are available in both English and Spanish. 

How to Register with V.I.P.
The V.I.P. Hotline may be used to obtain updates on the following inmate information:

• The current location of incarceration. 
  
  
• The parole status/eligibility.
  
  
• Maximum or scheduled release date. 
  
  
• The system will advise you if the offender is not in custody 
  
  
• Notification Calls
  

Registered victims will automatically begin receiving computer-generated telephone notification calls when any of the following occurs:

• The inmate is released from prison having served the court ordered term of incarceration. 
  
  
• Release from prison after completing the confinement portion of the sentence to begin a court ordered probation period. 
  
  
• Upon being paroled from prison. 
  
  
• The escape and recapture of an inmate. 
  
  
• The death of the inmate while in the custody of corrections. 
  
  
• Notification calls will be placed to the registered phone number every hour. The calls will continue for a 24-hour period or until the victim enters the assigned PIN, confirming the notification process has been completed.
  

More information regarding the rights of victims' of crime from the State Board Of Pardons & Paroles.

Victims Rights

Rights Granted to Victims of a Crime in the State of Florida

All victims of crime, relatives of minors, and/or homicide victims have a right to be notified prior to an inmate's release from prison. The Department can provide written notification 30-120 days prior to the inmate's release. In the event of a court action that causes an inmate's immediate release, notification is provided as soon as possible, based on the victim's current contact information. Each State Attorney's Office is responsible for providing the most current address of the victim to the Department. The victim or the victims' family should notify the Department in writing, if the victim's address or telephone number changes. Also provided is automated notification if the victim is registered with VINE Service.

• If the inmate is ordered by the court to pay restitution, the Department will collect on the victim's behalf, if the inmate is gainfully employed while incarcerated or under probation supervision.
  
  
• If the victim or the victim's family is receiving unwanted, threatening telephone calls, or correspondence from an inmate in our custody, they should notify our Victim Assistance Office. Pursuant to Florida Statute 836.10, written threats to do specific bodily injury or to kill constitute a second-degree felony in Florida. 
  
  
• Release dates and other general information about an inmate is public record. Victims may request information by writing or calling the Department's Victim Assistance Office listed in this brochure, or by visiting the Department's inmate Network on our public web site. Note: Victim information is kept CONFIDENTIAL per Florida law.
  

If the inmate who committed the crime against you is eligible for Conditional Release Supervision, you may send your input concerning how this crime has affected you and your family, any fears you have of the inmate, and/or any recommendations you may have regarding the release of this inmate. To share your concerns or recommendations, document them in writing and send them to:

Florida Department of Corrections - Release Management RE: Conditional Release Supervision Victim Statement 2601 Blair Stone Road Tallahassee, Florida 32399-2500.

Collection of Restitution

To pay court ordered restitution, fines and court costs, some inmates have the opportunity to work at paid employment, either through the Community Work Release Program or PRIDE (Prison Rehabilitative Industries and Diversified Enterprises). Payments are distributed on a regular basis to victims who are awarded restitution by the court and maintain a current address with the Department.

Community Work Release:

Inmates who work outside the confines of a Community Work Release Center, in private industry, are required to use 10% of their net wages to pay court ordered restitution, fines and court costs. Victims may request notification of an inmate's transfer into a Community Work Release Facility by calling our Release Management Office at (850) 410-4381.

PRIDE:

PRIDE sets aside a portion of their corporate profits to pay court ordered restitution, fines and court costs for inmates who are employed in one of their industries. Payments are based on the number of hours an inmate works in a PRIDE industry and the type of job performed.

Probation:

Offenders are required to pay court ordered restitution, fines and court costs while being supervised by Probation and Parole Services. To obtain additional information and assistance, contact the offender's Probation Officer, or the Probation and Parole Services Office.
The 2004 Florida Statutes

A detailed description of the victims' rights in Florida including details on compensation and victim assistance.

Victims Rights

Rights Granted to Victims of a Crime in the State of Delaware

Victims Should be Notified About the Following:

• How criminal case go through the system. 
  
  
• After a defendant is released on bail including the amount of bail and any conditions. 
  
  
• Court events, possible plea agreements, outcome of the case, projected prison release dates and any sentence modification. 
  
  
• If the conviction is reversed on appeal. 
  
  
• Parole and pardon hearing dates, early release to community based on programs or if the offender escapes from a correctional facility. 
  
  
• Procedures to be followed if the offender threatens or intimidates you. 
  
  
• Services available for victims of crime.
  

Victim Service Organizations

Most crime victims suffer from distress and/or confusion after victimization and experience difficulty dealing with the criminal justice system. These programs provide a wide range of services to help you during this time.
To help crime victims, these programs usually provide victim advocacy, crisis intervention, information about the case, referrals to social/community resources, assistance in filing Violent Crimes Compensation Board forms, help with understanding the criminal justice system, and court accompaniment.

Victim Information

Delaware has a Victim's Bill of Rights which entitles you to be notified of and participate in all major phases of the criminal case process. You will be notified of the progress of the case in which you are the victim. This booklet will help you better understand what is happening in court by telling you the meaning of court terms you may not know. It also gives you other information you may find helpful. 

Delaware has established a Violent Crimes Compensation Board to assist innocent victims of violent crime who suffer personal injury (bodily harm or extreme mental suffering). The Board does not compensate victims for stolen or damaged property. You may be eligible for financial assistance. You must file within one (1) year of the crime to be considered for assistance. 

If you have had property stolen and the police recover it, the police will keep the property as evidence until after the trial.