§ 35-40-6-4 — Victim assistance program; purposes

Indiana § 35-40-6-4

• Jurisdiction: Indiana
• Art. 40: VICTIM RIGHTS
• Ch. 6: Prosecuting Attorney Duties and Victim Assistance

Text

A prosecuting attorney or a victim assistance
program shall do the following:
(1) Inform a victim that the victim may be present at all public
stages of the criminal justice process to the extent that:
(A) the victim's presence and statements do not interfere with
a defendant's constitutional rights; and
(B) there has not been a court order restricting, limiting, or
prohibiting attendance at the criminal proceedings.
(2) Timely notify a victim of all criminal justice hearings and
proceedings that are scheduled for a criminal matter in which the
victim was involved.
(3) Promptly notify a victim when a criminal court proceeding has
been rescheduled or canceled.
(4) Obtain an interpreter or translator, if necessary, to advise a
victim of the rights granted to a victim under the law.
(5) Coordinate efforts of local law enforcement agencies that are
designed to promptly inform a victim after an offense occurs of
the availability of, and the application process for, community
services for victims and the families of victims, including
information concerning services such as the following:
(A) Victim compensation funds.
(B) Victim assistance resources.
(C) Legal resources.
(D) Mental health services.
(E) Social services.
(F) Health resources.
(G) Rehabilitative services.
(H) Financial assistance services.
(I) Crisis intervention services.
(J) Transportation and child care services to promote the
participation of a victim or a member of the victim's immediate
family in the criminal proceedings.
(6) Inform the victim that the court may order a defendant
convicted of the offense involving the victim to pay restitution to
the victim under IC 35-50-5-3.
(7) Upon request of the victim, inform the victim of the terms and
conditions of release of the person accused of committing a crime
against the victim.
(8) Upon request of the victim, give the victim notice of the
criminal offense for which:
(A) the defendant accused of committing the offense against the
victim was convicted or acquitted; or
(B) the charges were dismissed against the defendant accused
of committing the offense against the victim.
(9) In a county having a victim-offender reconciliation program
(VORP), provide an opportunity for a victim, if the accused
person or the offender agrees, to:
(A) meet with the accused person or the offender in a safe,
controlled environment;
(B) give to the accused person or the offender, either orally or
in writing, a summary of the financial, emotional, and physical
effects of the offense on the victim and the victim's family; and
(C) negotiate a restitution agreement to be submitted to the
sentencing court for damages incurred by the victim as a result
of the offense.
(10) Assist a victim in preparing verified documentation
necessary to obtain a restitution order under IC 35-50-5-3.
(11) Inform a victim (or the spouse or an immediate family
member of a deceased victim) of the victim's right to a copy of the
trial transcript, and assist the victim, spouse, or immediate family
member in obtaining a transcript as described in IC 35-40-5-8.5.
(12) Advise a victim of other rights granted to a victim under the
law.
(13) Assist a local law enforcement authority in notifying a victim
(or the spouse or an immediate family member of a deceased
victim) under IC 11-8-8-23 of an offender's name change.

Legislative History

As added by P.L.139-1999, SEC.1. Amended by P.L.78-2018, SEC.2; P.L.244-2019, SEC.14.