VICTIM’S ASSISTANCE

VICTIMS’ RIGHTSChad T. Lewis

Prosecuting AttorneyJefferson County

VICTIM RIGHTS

Constitution of State of Indiana:Article 1, Section 13(b)

“Victims of crime, as defined by law, shall have the right to be treated with fairness, dignity, and respect throughout the criminal justice process; and as defined by law, to be informed and present during public hearings and to confer with the prosecution, to the extent that exercising these rights does not infringe upon the constitutional rights of the accused. (November 5, 1996)

INDIANA CODE 35-40-5

1. Right to fairness, dignity and respect and free from intimidation, harassment and abuse throughout the criminal justice process.

I.C. 35-40-5-1

VICTIM RIGHTS

VICTIM RIGHTSInformation on Release

2.Right to be informed of release or escape from custody of person accused of committing or convicted of committing a crime perpetrated directly against victim. (If requested)IC 35-40-5-2

VICTIM NOTIFICATION

Indiana SAVIN Statewide Automated Victim Information and Notification

http://indianasavin.in.gov, orCall 866-891-0330 to register

- No limits - Anonymous- Accessible 24/7 - Free

VICTIM RIGHTSInformation on Release

If person is released or escapes from custody of mental health treatment agency or hospital not operated by county sheriff or DOC, the Court committing the person is required to inform the victim of the release or escape.

UPON REQUEST I.C. 35-40-5-2

VICTIM RIGHTS Confer with Prosecutor’s Office

(1) After a crime allegedly committed against the victim has been charged.

(2) Before the trial of a crime allegedly committed against the victim.

(3) Before any disposition of a criminal case involving the victim.IC 35-40-5-3

VICTIM RIGHTSConfer with Prosecutor’s Office

3. Right to Confer with Prosecutor’s Office when:

a. Alleged felony (or delinquent act would have been a felony if committed by adult) and was directly perpetrated against the victim.

VICTIM RIGHTS Confer with Prosecutor’s Office

b. Alleged felony or misdemeanor was a Violation of:IC 35-42-2 Offenses against the personIC 35-45-2-1 IntimidationIC 35-45-2-2 HarassmentIC 35-46-1-15.1 Invasion of PrivacyIC 35-47-4-3 Pointing a Firearm AND

VICTIM RIGHTS Confer with Prosecutor’s Office

(ii) Directly perpetrated against the person by a person who:

(a) is or was a spouse of the victim,

(b) is or was living as if a spouse of the victim,

(c) has a child in common with the victim.

VICTIM RIGHTS Confer with Prosecutor’s Office

c. The alleged misdemeanor other than a misdemeanor described in sections above, that was directly perpetrated against the victim

and the victim complied with the notice requirement. IC 35-40-10

Responsibility of VictimsIC 35-40-10-1

Victim Shall maintain a request for notice on a form provided. Telephone number Electronic Email address, Mailing address

If victim fails to keep current, request may be withdrawn

VICTIM RIGHTS Consideration of Victim’s Safety

4. Right to have victim’s safety Considered in determining release from custody the person accused of committing a crime against the victim. IC 35-40-5-4

VICTIM RIGHTS Right to be Heard

5. Right to be heard at :any proceeding involving - sentencing,- post-conviction release decision, - pre-conviction release under forensic diversion program.

IC 35-40-5-5

VICTIM RIGHTS Presentence Reports

6.Victim has right to make written/oral statement for use in PSIVictim has right to read PSI relating to crime convicted against victim except parts containing:

- source of confidential information- information about another victim- other confidential /privileged information

IC 35-40-5-6

VICTIM RIGHTSOrder of Restitution

7. Victim has right to pursue order of restitution

and other civil remedies against convicted person.

I.C. 35-40-5-7

RESTITUTIONIC 35-50-5-3

The court may order the person to make restitution to

the victim of the crime, the victim's estate, or the family of a victim who is deceased.

As a condition of probation or without placing the person on probation

RESTITUTIONIC 35-50-5-3

The court shall base its restitution order upon a consideration of:(1) property damages as a result of the crime, based on the actual cost of repair (or replacement if repair is inappropriate);

(2) medical and hospital costs (before the date of sentencing)

(3) the cost of medical laboratory tests to determine if the crime has caused the victim to contract a disease or other medical condition;

(4) earnings lost by the victim (before the date of sentencing) as a result of the crime including earnings lost while the victim was hospitalized or participating in the investigation or trial of the crime; and

(5) funeral, burial, or cremation costs incurred by the family or estate of a homicide victim as a result of the crime.

VICTIM RIGHTS Right to Information

8. A Victim has right to information about disposition.

- Conviction- Sentence- Release * Upon request

I.C. 35-40-5-8

VICTIM RIGHTSPlea Negotiations

IC 35-35-3-2 In making recommendation on a felony charge, a prosecutor must:

(1) inform the victim that he has entered into discussions with defense counsel or the court concerning a recommendation;(2) inform the victim of the contents of the recommendation before it is filed; and(3) notify the victim that the victim is entitled to be present and may address the court when the court considers the recommendation.

VICTIM RIGHTSPlea Negotiations

STATE’S CERTIFICATION OF COMPLIANCE WITH STATUTORY VICTIM NOTIFICATION REQUIREMENTS

I hereby certify that: (1) the offense to which the Defendant is pleading guilty is not such that requires notification to a victim under IC 35-40 and IC 35-35-3-2; (2) the Jefferson County Prosecutor’s Office has complied with its obligations to notify the victim(s) under IC 35-40 and IC 35-35-3-2; or (3) the Jefferson County Prosecutor’s Office has made all reasonable efforts to comply with the notification requirements.

_________________________Prosecuting Attorney5th Judicial Circuit

VICTIM RIGHTS Right to Advised of Rights

9. Victim has right to be informed of their constitutional and statutory rights.

I.C. 35-40-5-9

VICTIM RIGHTS Child Victims of Sex Crimes

10. Defense Interview with Child Victim of Sex Crimes (<16 yrs)

a. Defense must contact the Prosecutorb. Child has the right to confer with P.A. before

the interview. c. May Petition Court to set terms of the

interview considering 35-50-5-1

OTHER RIGHTSDisease Screening

I.C. 35-38-1-10.5:

The court:(1) shall order that a person undergo a screening test for the

human immunodeficiency virus (HIV) if the person is: - convicted of a criminal sexual act, and - the offense created an risk of transmission of HIV,

(2) may order that a person undergo a screening test for a dangerous disease in accordance with IC 16-41-8-5.

OTHER RIGHTSEmergency Hospital Services for Sex Crime Victims

IC 16-21-8-6

When hospital provides ER services to an alleged sex crime victim, the hospital shall furnish the services without charge.

The ICJI shall reimburse a hospital for the hospital's costs in providing the services.

OTHER RIGHTSCrime Victim Safety in Court

IC 35-37-4-11 and IC 35-37-4-12:

A court shall provide safeguards necessary to minimize the contact of the victim of an offense with a defendant; and the relatives and friends of a defendant.

If the physical safety of a victim or their immediate family is in danger, a victim may not be required to give personal information during the course of sworn testimony regarding the following telephone numbers, place of employment or home address.

Police Duty to Victims

A. I.C. 35-33-1-1.5 Requires law enforcement officer responding to the scene of a crime involving family or domestic violence to give victim immediate and written notice of rights provided under 35-40.

Make certain your local law enforcement officers are doing this!

Prosecutor’s Duty to Victims

I.C. 35-40-6 Prosecuting Attorney DutiesChapter applies when

- LEO received report of alleged offense not later than 5 days after offense occurred, or - Prosecutor finds report not made within 5 days due to circumstances beyond victim’s control

AND - Victim fully cooperates with and responds to reasonable requests from LEO and Prosecutor

Prosecutor’s Duty to Victims

Prosecuting Attorney shall provide that:

- victims are treated with dignity, respect and sensitivity at all stages of process, and

- rights of victims are protected.

I.C. 35-40-6-2

Prosecutor’s Duty to Victims

Prosecuting Attorney may contract with a person to operate a victim assistance program to provide services required under this chapter.

I.C. 35-40-6-3

Victim Assistance Program35-40-6-4

Prosecutor or Victim Assistance program SHALL

1. Inform a Victim that they may be present at all public stages of criminal justice process.

2. Timely notify Victims of all hearings and proceedings and continuances.

3. Obtain interpreter/translator if necessary

Victim Assistance Program35-40-6-4

4. Coordinate efforts of law enforcement agencies that are to promptly advise victims of available community services such as:

- Victim compensation funds, - Victim assistance resources, - Legal Resources- Mental health services, social services,- Rehabilitative services,- Financial assistance, - Crisis intervention services, and - Transportation and Child Care Services

Victim Assistance Program35-40-6-4

5. Inform victim about Restitution, and assist in preparing documentation necessary

6. Upon request, provide terms/conditions of release of defendant

7. Upon request, provide notice of conviction, acquittal, dismissal

Victim-Offender Reconciliation Program

If county has VORP, must provide opportunity for victim participation. (optional / not required.)

- Meet offender in safe controlled environment

- give offender summary of financial, emotional, and physical effects on the victim

- Negotiate restitution agreement to court

Victim-Offender Reconciliation Program

If victim participates in VORP, the victim shall execute a waiver releasing

- Prosecutor, and

- Victim Assistance program

from civil and criminal liability for actions taken by victim, an accused person or offender as result of participation in VORP.

I.C. 35-40-6-5

Prosecutor’s Duty to VictimsMotion to Revoke Bond

If victim submits an affidavit to Prosecutor:- Act or threat of physical has been made

against victim, and- Made by, or at direction of, Defendant & - Prosecutor has reason to believe allegations

are true & warrants filing Prosecutor SHALL file a motion to revoke defendant’s bond under 35-33-8-5.Prosecutor Shall advise how request completed

Prosecutor’s Duty to Victims

If defendant is convicted, upon victim’s request, the victim shall be notified of following:

- Function of PSI,- Name and telephone number of probation department writing the PSI, - Right to make a victim impact statement - Right to review PSI - Right to be present & heard at sentencing -

Time, place and date of sentencing.

I.C. 35-40-6-7

PROGRAMS / RESOURCESSERVICES TO VICTIMS

1. Advocacy throughout court process.2. Assist victims/family in obtaining counseling 3. Referral to other social service agencies.4. Completing victim compensation forms and

follow-up on receiving funds. I.C. 5-2-6.15.Obtain victim impact statement and restitution

figures for plea negotiations or agreements.6.Advise victims of Address Confidentiality Program

created under I.C. 5-26.5-2 .

Protective Order Assistance

Three types of orders:(i) Protective Orders -

cases involving domestic or family violence, sexual assault & stalking. I.C.34-26-5

(ii) No Contact Orders - juveniles - Title 31 & criminal cases - Title 35.

(iii) Workplace Violence Restraining Orders. I.C. 34-26-6

Assess Fees Fund Victim Programs

1.Child Abuse Prevention FeeI.C. 33-37-5-12 $100.00

2.Domestic Violence Prevention/Treatment FeeI.C. 33-37-5-13 $50.00

3.Sexual Assault Victims Assistance FeeI.C. 33-37-5-23. $500 - $5,000

Sexual Assault Response TeamI.C.16-21-8-1.5

1. Participate on the team if one is already established.

2. If none in place, establish one immediately as required by law.

3. In small counties use regional approach.4. Make certain no sexual assault victim is being

charged for the exam. I.C. 16-21-8-65. Comply with SART duties I.C. 16-21-8-2

Chad T. LewisProsecuting Attorney

Jefferson County

315 ½ East Second StreetMadison, Indiana 47250

812-265-8932

chad.lewis@jeffersoncounty.in.gov