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Within
72 hours after a victim files a crime report, the
assisting local law enforcement officer shall provide
the victim with the following:
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a
list of local emergency and crisis services;
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the
name and phone number of the officer and the agency
handling your report;
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the
name and phone number of the prosecuting attorney;
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the
procedural steps in a criminal prosecution;
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the
availability of victim's' compensation benefits;
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a
listing of your rights as a victim including a form
to insure you are given your rights;
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the
existence and eligibility requirements of
restitution and compensation;
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a
recommended procedure if you are subject to threats
or intimidation as a victim.
A
crime victim also has a right to:
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notification of all criminal proceedings and charges
filed against the defendant, with the exception of
initial appearance, and the right to be present at
all proceedings;
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necessary information regarding the appropriate
agencies from which you may request information;
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an
explanation of the pre-sentence report and the right
to make a written or oral statement to the probation
officer, and a right to review the pre-sentence
report;
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be
notified of the time and place of any sentencing
hearing and to make a written or oral statement, or
present any information at a sentencing proceeding
or any other proceeding as authorized by law;
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information regarding the return of any property
taken;
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be
provided the date of conviction, acquittal or
dismissal of charges against the defendant and the
sentence imposed;
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refuse an interview or other communication with the
defendant, his attorney or anyone acting on his
behalf;
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the
status and results of any post conviction appeal
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be
provided a waiting area separate from the defendant,
his relatives and defense witnesses if available and
practical;
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submit a statement to be entered into the inmate's
records that you are to be notified of release, on
bond, from prison, escape, re-arrest or death of
prisoner;
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information regarding collection of restitution;
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any
release opinion by the Alabama Department of Mental
Health;
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be
notified of any Pardon and Parole Board hearings and
the right to be present and heard at such hearings.
On
January 1, 1996, the State of Alabama enacted the Crime
Victims' Bill of Rights. These rights, found in Article
3, Sections 15-23-60 through 15-23-84 of the Code of
Alabama, 1975, define certain rights granted to victims
of crime. Below is the actual law from the Code of
Alabama.
§15-23-60. Definitions.
As
used in this article, the following words shall have the
following meanings:
(1)
Accused: A person who has been arrested for committing a
criminal offense and who is held for an initial
appearance or other proceeding before trial.
(2)
Appellate proceeding: An oral argument held in open court before the Alabama
Court of Criminal Appeals, the Supreme Court of Alabama,
a federal court of appeals, or the United States Supreme
Court.
(3)
Arrest: The actual custodial restraint of a person or his or
her submission to custody.
(4)
Community status: Extension of the limits of the places of confinement
of a prisoner through work release, supervised intensive
restitution (SIR), and initial consideration of
pre-discretionary leave, passes, and furloughs.
(5)
Court: All state courts including juvenile courts.
(6)
Crime victim advocate: A person who is employed or authorized by a public
entity or a private entity that receives public funding
primarily to provide counseling, treatment, or other
supportive assistance to crime victims.
(7)
Criminal offense: Conduct that gives a law enforcement officer or
prosecutor probable cause to believe that a felony
involving physical injury, the threat of physical
injury, or a sexual offense, or any offense involving
spousal abuse or domestic violence has been committed.
(8)
Criminal proceeding: A hearing, argument, or other matter scheduled by and
held before a trial court but does not include a lineup,
grand jury proceeding, or other matter not held in the
presence of the court.
(9)
Custodial agency: A municipal or county jail, the State Department of
Corrections, juvenile detention facility, Department of
Youth Services, the Board of Pardons and Paroles, or a
secure mental health facility having custody of a person
who is arrested or is in custody for a criminal offense.
(10)
Defendant: A person or entity that is formally charged by
complaint, indictment, information, or petition, of
committing a criminal offense.
(11)
Final disposition: The ultimate termination of the criminal prosecution
of a defendant by a trial court, including dismissal,
acquittal, or imposition of a sentence.
(12)
Immediate family: The spouse, parent, child, sibling, or grandparent of
the victim, unless that person is in custody for an
offense or is the accused.
(13)
Lawful representative: A person who is designated by the victim, who is a
member of the immediate family, or appointed by the
court and who will act in the best interests of the
victim.
(14)
Post-arrest release: The discharge of the accused from confinement on
recognizance, bond, or other condition.
(15)
Post-conviction release: Parole, or discharge from confinement by an agency
having custody of the prisoner.
(16)
Post-conviction relief proceeding: A hearing, argument, or other matter that is held in
any court and that involves a request for relief from a
conviction, sentence, or adjudication.
(17)
Prisoner: A person who has been convicted or adjudicated of a
criminal offense against a victim and who has been
sentenced to the custody of the sheriff, the Alabama
Department of Corrections, Department of Youth Services,
juvenile detention facility, a municipal jail, or a
secure mental health facility.
(18)
Right: Any right granted to the victim by the laws of this
state.
(19)
Victim: A person against whom the criminal offense has been
committed, or if the person is killed or incapacitated,
the spouse, sibling, parent, child, or guardian of the
person, except if the person is in custody for an
offense or is the accused.
§15-23-61. Designated representative.
(a)
If a victim is physically or emotionally unable to
exercise any right established by this article, but is
able to designate a lawful representative, the
designated representative or person may exercise the
same rights that the victim is entitled to exercise. The
victim may revoke his or her designated representation
at any time and thereafter exercise his or her rights.
(b)
If a victim is incompetent, deceased, or otherwise
incapable of designating another person to act in his or
her behalf, the court may appoint a lawful
representative who is not a witness in the case. If at
any time the victim is no longer incompetent,
incapacitated, or otherwise incapable of acting, the
victim may personally exercise his or her rights.
(c)
If the victim is a minor, the parent or other immediate
family of the victim, or other designated representative
as determined by the court, may exercise all of the
rights of the victim on behalf of the victim.
§15-23-62. Law enforcement agency required to provide
victim with information concerning services,
compensation benefits, etc.
Within 72 hours, unless the victim is unavailable or
incapacitated as a result of the crime, after the
initial contact between a victim of a reported crime and
the law enforcement agency either responding to the
report of the crime of the victim or another person, or
having responsibility for investigating the crime, the
law enforcement agency shall provide to the victim in a
manner and form designed and produced for the
appropriate governmental agency or office, the following
information:
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The
availability of emergency and crisis services.
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The
availability of victims’ compensation benefits and
the name, address, and telephone number of the
Alabama Crime Victims Compensation Commission.
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The
name of the law enforcement officer and telephone
number of the law enforcement agency with the
following statement attached: "If within 60 days you
are not notified of an arrest in your case, you may
call the telephone number of the law enforcement
agency for the status of the case."
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The
procedural steps involved in a criminal prosecution.
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The
rights authorized by the Alabama Constitution on
rights of victims, including a form to invoke these
rights.
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The
existence and eligibility requirements of
restitution and compensation pursuant to Section
15-18-65 et seq. and Section 15-23-1 et seq.
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A
recommended procedure if the victim is subjected to
threats or intimidation.
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The
name and telephone number of the office of the
prosecuting attorney to contact for further
information.
§15-23-63. Prosecuting attorney required to notify
victim of charges and proceedings; request for notice.
(a)
Upon written request of the victim, the prosecuting
attorney shall notify the victim of all charges filed
against the defendant, criminal proceedings, except
initial appearances, as soon as practicable, including
any changes that may occur.
(b)
The victim shall provide to and maintain with the office
of the prosecuting attorney a request for notice on a
form provided by the agency. The form shall include the
telephone number and address of the victim. If the
victim fails to keep this information current, his or
her request for notice shall be considered withdrawn and
void. Except as otherwise provided, all notices provided
to a victim pursuant to this article shall be on forms
developed and produced for the appropriate government
agency or office.
§15-23-64. Prosecuting attorney required to confer with
victim prior to final disposition of offense.
The
prosecuting attorney shall confer with the victim prior
to the final disposition of a criminal offense,
including the views of the victim about a nol pros,
reduction of charge, sentence recommendation, and
pre-trial diversion programs.
§15-23-65. Prosecuting attorney required to confer with
victim before commencement of trial.
The
prosecuting attorney shall confer with the victim before
the commencement of a trial. Any information received by
the victim relating to the substance of the case shall
be confidential, unless otherwise authorized by law or
required by the courts to be disclosed.
§15-23-66. No right to direct prosecution.
The
rights of the victim do not include the authority to
direct the prosecution of the case.
§15-23-67. Right to be present throughout proceedings.
The
victim has the right to be present throughout all
criminal proceedings pursuant to Section 15-14-50 et
seq.
§15-23-68. Waiting area for victim; court to minimize
contact of victim with defendant.
The
court shall provide a waiting area for the victim
separate from the defendant, relatives of the defendant,
and defense witnesses, if an area is available and the
use of the area is practical. If a separate waiting area
is not available, or its use impractical, the court
shall minimize contact of the victim with the defendant,
relatives of the defendant, and defense witnesses during
court proceedings.
§15-23-69. Testimony concerning information about
victim; information about victim in court file.
(a)
Based upon the reasonable apprehension of the victim of
acts or threats of physical violence or intimidation by
the defendant, the family of the defendant, or by anyone
at the direction of the defendant, against the victim or
the immediate family of the victim, the prosecutor may
petition the court to direct that the victim or any
other witness not be compelled to testify during
pre-trial proceedings or to any trial, facts that could
divulge the identity, residence, or place of employment
of the victim, or other related information without
consent of the victim unless necessary to the
prosecution of the criminal proceeding. If the court
schedules a hearing on the merits of the petition, it
shall be held in camera.
(b)
The address, phone number, place of employment, and
other related information about the victim contained in
the court file shall not be public record.
§15-23-70. Right to refuse defendant‘s request for
interview.
The
victim has the right to refuse a request by the
defendant, the attorney of the defendant, or by any
other person acting on behalf of the defendant, for an
interview or other communication with the victim.
§15-23-71. Plea agreement.
The
victim has the right to be present at any proceeding at
which a negotiated plea for the person accused of
committing the criminal offense against the victim will
be presented to the court. The court shall not accept a
plea agreement unless:
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The
prosecuting attorney advises the court that, before
requesting the negotiated plea, reasonable efforts
were made to confer with the victim.
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Reasonable efforts are made to give the victim
notice of the plea proceeding, including the offense
to which the defendant will plead guilty, the date
that the plea will be presented to the court, the
terms of any sentence agreed to as part of the
negotiated plea, and that the victim has the right
to be present.
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The
prosecuting attorney advises the court that, to the
best of his or her knowledge, the notice
requirements of this article have been met.
§15-23-72. Right to pre-sentence information.
The
prosecuting attorney shall provide to the victim the
date of a conviction, acquittal, or dismissal of the
charges filed against the defendant and prior to
sentencing, when applicable, notice of the following:
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The
criminal offense for which the defendant was
convicted, acquitted, or the effect of a dismissal
of the charges filed against the defendant.
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If
the defendant is convicted, on request, the victim
shall be notified, if applicable, of the following:
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The existence and function of the pre-sentence
report.
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The name, address, and telephone number of the
office of the Board of Pardons and Paroles which
is preparing the pre-sentence report.
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The right to make a victim impact statement.
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The right of the defendant to view the
pre-sentence report.
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The right to be present and be heard at any
sentencing proceeding.
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The time, place, and date of the sentencing
proceeding.
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If the court orders restitution, the right to
pursue collection of the restitution as provided
by Section 15-18-65 et seq.
§15-23-73. Impact statement; right to review
pre-sentence investigative report.
(a)
The victim may submit a written impact statement or make
an oral impact statement to the probation officer for
use in preparing a pre-sentence report. The probation
officer shall consider the economic, physical, and
psychological impact that the criminal offense has had
on the victim and the immediate family of the victim.
(b)
The victim shall have the right to review a copy of the
pre-sentence investigative report, subject to the
applicable federal or state confidentiality laws, at the
same time the document is available to the defendant or
his or her counsel.
§15-23-74. Right to present evidence, statement, etc.,
during sentencing or restitution proceedings.
The
victim has the right to present evidence, an impact
statement, or information that concerns the criminal
offense or the sentence during any pre-sentencing,
sentencing, or restitution proceeding.
§15-23-75. Right to information concerning defendant’s
sentence, request for notice, post-conviction review,
etc.
The
victim has the right to the following information:
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As
soon as practicable, after the date of sentencing,
the office of the prosecuting attorney shall notify
the victim of the sentence imposed on the defendant.
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The
names, addresses, and telephone numbers of the
appropriate agencies and departments to whom request
for notice should be provided.
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The
status of any post-conviction court review or
appellate proceeding or any decisions arising from
those proceedings shall be furnished to the victim
by the Office of the Attorney General or the office
of the district attorney, whichever is appropriate,
immediately after the status is known.
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If
the terms and conditions of a post-arrest release
include a requirement that the accused post a bond,
the sheriff or municipal jailer shall, upon request,
notify the victim of the release on bond of the
defendant.
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The
agency having physical custody of a prisoner shall,
if provided a request for notice, and as soon as
practicable, give notice to the victim of the escape
and, subsequently, the return of the prisoner into
custody.
§15-23-76. Right to be present and heard at court
proceeding.
It
is the discretion of the victim to exercise the right to
be present and heard, where authorized by law, at a
court proceeding. The absence of the victim at the
proceeding of the court does not preclude the court from
going forth with the proceeding. The right of the victim
to be heard may be exercised, where authorized by law,
at the discretion of the victim, through an oral
statement or submission of a written statement.
§15-23-77. Right to have property returned.
(a)
Prior to the admission of evidence to the court, on
request of the victim, after consultation and written
approval by the district attorney or Attorney General,
the law enforcement agency responsible for investigating
the criminal offense shall return to the victim any
property belonging to the victim that was taken during
the course of the investigation, or shall inform the
victim of the reasons why the property will not be
returned. The law enforcement agency shall make
reasonable efforts to return the property to the victim
as soon as possible.
(b)
If the property of the victim has been admitted as
evidence during a trial or hearing, the court may, upon
request of the district attorney or the Attorney
General, order its release to the victim if a photograph
can be substituted. If evidence is released pursuant to
this subsection, the attorney for the defendant or
investigator may inspect and independently photograph
the evidence before it is released.
§15-23-78. Right to information from agency having
physical custody of prisoner.
Any
custodial agency having physical custody of the
prisoner, if provided a request for notice, shall mail
to the victim the following information:
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Notice of an end of sentence release within 15 days
prior to the end of the sentence of the prisoner.
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Notice of the death within 15 days after the
prisoner has died.
§15-23-79. Submission of victim‘s statement into
prisoner’s records.
(a)
The victim shall have the right to be notified, upon
written request, that he or she may submit a written
statement, or recorded oral transcription, which shall
be entered into the prisoner's Department of Corrections
records. The statement shall be considered during any
review for community status of the prisoner or prior to
release of the prisoner.
(b)
The victim shall have the right to be notified by the
Board of Pardons and Paroles and allowed to be present
and heard at a hearing when parole or pardon is
considered pursuant to Section 15-22-36 et seq.
§15-23-80. Facility with custody of defendant to send
victim release opinion.
Upon
written request of the victim, the Alabama Department of
Mental Health and Mental Retardation, or other facility
with custody of the criminal defendant, shall send the
victim a copy to the address stated in the request, of
its release opinion which was provided to the
appropriate court pursuant to Section 15-16-63 et seq.
§15-23-81. Victim to respond to subpoena or to
participate in proceeding preparation without loss of
employment or fear of loss.
The
victim shall respond to a subpoena to testify in a
criminal proceeding or participate in the reasonable
preparation of criminal proceeding without the loss of
employment or the intimidation, threats, or fear of the
loss of employment.
§15-23-82. Clerk of court to accept and disburse
restitution.
The
clerk of the court is authorized and shall accept
partial payments from defendants when directed to do so
by the court, pursuant to the conditions in Section
12-19-26. The clerk of the court shall disburse
restitution to victims or the authorized recipient,
including partial periodic payments as ordered under any
judgment, decree, or order of the circuit or district
court, pursuant to Section 15-18-65 et seq. The
disbursements shall be made to the victims or the
authorized recipient no later than the time provided in
Rule 44, Alabama Rules of Judicial Administration. The
clerk of the court shall, at the end of each month,
provide to the district attorney and probation office a
list of the names of defendants who are delinquent in
their restitution payments under a court-approved
installment plan or any other deferred-payment time
period specified by the court in its sentencing order.
§15-23-83. Assertion of rights by Attorney General or
district attorney.
The
Attorney General or district attorney may assert any
right to which the victim is entitled.
§15-23-84. Failure to provide right or notice not
grounds for setting aside sentence.
The
failure to provide a right, privilege, or notice to a
victim under this article shall not be grounds for the
defendant to seek to have the conviction or sentence set
aside. |