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Victim Rights

Crime Victim Rights

Victims of crimes have been given certain rights by the legislature. The prosecutor’s office is responsible for enforcing most of these rights. Following is a review of most of these laws, many of which affect domestic assault.

Notification of Victim Rights

MS611A.02
MS611A.021

Notice must be given to each victim by a peace officer when the peace officer takes a formal statement from the victim. The notice must inform a victim of:

Domestic violence victims are to be given resource information by the police.

Notification of Pre-Trail Release

MS629.72
In domestic violence cases, prior to release of offender, the custodial agency must inform the victim of the conditions of release, time of release, date and place of next court appearance and of the victim’s right to be present, location, and number of shelter.

Plea Agreements

MS611A.03
Before the entry of a plea, the prosecuting attorney shall make a reasonable and good faith effort to inform the victim of:

If the victim is not present when the court considers the recommendation, but has communicated objections to the prosecuting attorney, the prosecuting attorney shall make these objections known to the court.

Pretrail Diversion

MS611A.031
For most person crimes (not property offenses) the prosecutor must make reasonable effort to notify the victim and obtain input prior to referring a person into a pretrial diversion program.

Notification of Devision not to Prosecute

MS611A.0315
In domestic abuse cases, the prosecutor must make every effort to notify the victim when the prosecutor has decided not to prosecute the case or to dismiss criminal charges which have been filed.

The prosecutor is to inform the victim of his/her OFP options.

Notification of Schedule Changes

MS611A.032
The prosecutor must make reasonable efforts to notify a victim who has been subpoenaed or requested to testify of any changes in the schedule of the court.

Speedy Trail

MS611A.033
A victim has the right to request that the prosecutor make a demand that the trial be scheduled within sixty days of the request.

Sperate Waiting Areas in Courthouse

MS611A.034
A separate waiting area for victims to use during court proceedings is to be provided by the court. If a separate area is not available, the court is to provide other safeguards such as victim escorts or bailiffs.

Confidentiality of Victim’s Address

MS611A.035
Victims or witnesses testifying in court proceedings do not have to give their home or employment address during their testimony unless the court finds it is relevant testimony.

Victim Impact Statement/Presentence Investigation

MS611A.037
A presentence investigation report must include the following information:

The probation officer must notify the victim of:

Victim’s Right to Notice of Defendant’s release

MS611A.0385
The court must make reasonable efforts to inform a victim at the time of sentencing of the victim’s right to request future notice from the Department of Corrections when the defendant’s release is pending.

Right to Submit Impact Statement at Sentencing

MS611A.08
A victim has the right to submit an impact statement, either orally or in writing, to the court at the time of the sentencing or disposition hearing. If the victim requests, the prosecutor must orally present the statement to the court.

Right to be Notified of Final Disposition

MS611A.039
The prosecutor must notify the victim orally or in writing of the final disposition of a case within 15 days of the disposition.

Restitution

MS611A.04
A victim has the right to request that restitution be considered as part of the disposition of a criminal charge or juvenile delinquency proceeding. If a civil lawsuit against the defendant arises out of the crime, the fact that there is a civil lawsuit cannot be used by the judge as a basis for denying courtordered restitution to the victim.

Right to Request a Probation Review Hearing

MS611A.046
If defendant is not complying with a restitution order, the victim may ask the probation officer to schedule a review hearing.

Right to be Notified of Defendant’s release

MS611A.06
A victim is entitled to notice that the defendant will be released from incarceration or imprisonment, the conditions of defendant’s release, and who is supervising the release. The victim is required to be notified if the defendant’s custody status is reduced. This includes furlough or work releases or transfers to minimum security facilities. The victim must make a written request to be notified of defendant’s release.

If defendant escapes from prison, the victim is to be notified within 6 hours.
If defendant escapes from furlough or work release, the victim is to notified within 12 hours.

Financial Compensation Through Crime Victims Reparations

Financial compensation is available for victims who have suffered personal injury as the result of a violent crime. Victims may recover up to $50,000 for medical and therapy costs, funeral expenses, substitute child care, and lost wages.

In order to qualify, victims must have reported the crime to the police within 30 days and must cooperate with the investigation of the crime.

Claim forms and additional information are available from:

Crime Victims Reparations Board
N465 Griggs-Midway Building
1821 University Avenue
St. Paul, MN 55104
612-643-0395
1-800-652-9747