§ 12-28-3. General rights.
(a) Each victim of a criminal offense who makes a timely report of the crime and who cooperates
with law enforcement authorities in the investigation and prosecution of the offense
shall have the following rights:
(1) To be notified no less frequently than every three (3) months by law enforcement authorities
of the status of the investigation, until the time that the alleged perpetrator is
apprehended or the investigation closed. In the case of a criminal offense that results
in the victim's death, the law enforcement authorities shall provide notification
to a designated family member of the victim;
(2) To be notified by law enforcement authorities of the arraignment of the alleged perpetrator
before a court empowered to set bail; and to be informed of the release of the alleged
perpetrator on bail or personal recognizance;
(3) To receive protection from harm and threats of harm arising out of the victim's cooperation
with law enforcement and prosecution efforts, and to be provided with information
as to the means of protection available;
(4) To be notified of all court proceedings at which the victim's presence is required
in a reasonable amount of time prior to the proceeding, and to be notified of the
cancellation of any scheduled court proceeding in sufficient time to prevent an unnecessary
appearance at the courthouse;
(5) To be provided, whenever feasible, with a secure waiting area during court proceedings
that does not require the victim to be in close proximity to the defendant and the
family and friends of the defendant;
(6) To be informed of the procedure to be followed in order to apply for and receive any
witness fee to which the victim is entitled;
(7) To be provided with appropriate employer intercession services to ensure that the
employer of the victim will cooperate with the criminal justice process in order to
minimize the employee's loss of pay and other benefits resulting from court appearances;
(8) To have any stolen or other personal property expeditiously returned by law enforcement
agencies when no longer needed as evidence;
(9) To be informed of financial assistance and other social services available to crime
victims and the manner of applying for them. All eligible victims shall be informed
of the existence of the criminal injuries compensation fund and the manner of applying
for it;
(10) To be consulted by the administrator of probation and parole in the course of his
or her preparation of the presentence report on felony cases and to have included
in that report a statement regarding the impact which the defendant's criminal conduct
has had upon the victim;
(11) To be afforded the right to address the court prior to sentencing in those cases where
the defendant has been adjudicated guilty following a trial;
(12) To be informed of the disposition of the case against the alleged offender;
(13) To be notified in felony cases whenever the defendant or perpetrator is released from
custody at the adult correctional institutions. When release is ordered prior to final
conviction, it shall be the responsibility of the governmental entity having final
responsibility for the defendant's supervised custody to give notice to the victim.
When release is granted by parole, the notice to the victim shall be given by the
parole board. In all other cases when release is granted, the notice to the victim
shall be given by the department of corrections. Victims who wish to be notified by
the department of corrections shall register their names and the addresses they wish
the notices to be sent with the department of corrections. Department of corrections
notification shall also include furlough, transfer out of state, escape and death;
(14) To be afforded the opportunity to make a statement, in writing and signed, regarding
the impact which the defendant's criminal conduct had upon the victim. The statement
shall be inserted into the case file maintained by the attorney general or prosecutor
and shall be presented to the court for its review prior to the acceptance of any
plea negotiation. The statement shall be submitted to the parole board for inclusion
in its records regarding the defendant's conduct against the victim; and
(15) To be informed by the prosecuting officer of the right to request that restitution
be an element of the final disposition of a case.
(b) The rights afforded to the victim of a crime by this section shall be afforded as
well to the immediate families of homicide victims.
(c) Unless otherwise specified, in felony cases it shall be the responsibility of the
attorney general and the victims' services unit as described in § 12-28-9 to make certain that the victim receives the notification that is required by this
section. In misdemeanor cases, it shall be the responsibility of the law enforcement
agency making the arrest and of the victims' service unit as described in § 12-28-9 to make certain that the victim receives the notification that is required by this
section.