Crime Victim’s Bill of Rights

Crime Victim’s Bill of Rights

The following rights shall be accorded, by all campus officers, administrators, and employees of (insert institution name here), to victims of campus-related sexual assaults:

Crime Victims Bill of Rights - §17-17-1 thru 17-17-16.

Under the crime victims‟ bill of rights victims have the right to:

Reasonable, accurate and timely notice of any scheduled court proceedings or any changes to such proceedings

Reasonable, accurate and timely notice of the arrest, release or escape of the accused

Not to be excluded from any scheduled court proceedings involving the accused, except as otherwise provided by law

Be heard at any scheduled court proceedings involving the release, plea or sentencing of the accused

File a written objection in any parole proceedings involving the accused

Confer with the prosecuting attorney in any criminal prosecution related to the victim

Restitution as provided by law

Proceedings free from unreasonable delay

Be treated fairly and with dignity by all criminal justice agencies involved in the case

Under certain conditions, to be notified of the accused being on an electronic release and monitoring program

Notified of an arrest warrant being issued for the accused

Notified of the accused being prohibited from contacting the victim

Victim’s Responsibility

Victims must provide to the law enforcement agency, prosecuting attorney, and custodial authority a current address and telephone number to be notified of specific actions in a criminal case against the accused, an arrest of the accused, the accused release from custody and any judicial proceeding wherein the release of the accused will be considered.

The victim has the option to waive any of the information or notification or other obligations specified under the Crime Victims Bill of Rights. A victim has the right to designate a spouse, adult child, parent, sibling or grandparent to act on behalf of him or her, when the victim is physically unable to personally assume the rights under the law.

The Victim’s Responsibility with Prosecution

The victim must make a request in writing to the prosecuting attorney to be notified of the following:

Whether the accused has filed a motion for a new trial or an appeal to his or her conviction.

Whether the accused has been released pending disposition of the above described motion or appeal.

Notify the victim of the time and place of any appellate court proceedings relating to the motion or appeal and of any subsequent changes in the time and place of those proceedings.

In addition to the written request to the prosecuting attorney, the victim is responsible to provide a current telephone and address to the following agencies to receive notification information:

The investigating law enforcement agency.

The prosecuting attorney, until final disposition or completion of the appellate and post-conviction process, whichever occurs later; and as directed by the prosecuting attorney.

The sheriff if the accused is in a sheriff’s custody for pretrial, trial or post-conviction proceedings.

The Department of Corrections if the accused is in the custody of the State.

Any county correctional facility if the defendant is sentenced to serve time in a facility which is not a State facility.