GENERAL LAWS

OF

RHODE ISLAND

1956

Reenactment of 1994

Completely Annotated

VOLUME 3

THE MICHIE COMPANY

Law Publishers

CHARLOTTESVILLE, VIRGINIA

1994

Short title. - This chapter may be cited as the "Vic

674

12-28-2. Legislative purpose. In recognition of the responsibility of the community to the victims of crime, the general assembly declares its intent to ensure:

(1) That all crime victims are treated with dignity, respect, and sensitivity at all phases of the criminal justice process;

(2) That whenever possible they receive financial compensation for their injury or loss from the perpetrator of the crime; and (3) That the full impact of the crime upon the victim is brought to the attention of the court.

History of Section.

P.L. 1983, ch. 265, § 1.

Reenactments. The 1994 Reenactment (PL. 1994, ch. 134, § 1) substituted "crima

victims” for "such victims" in subdivision (1) and made stylistic and minor punctuation changes throughout the section.

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 thereof 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 such time as 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 pro'ection 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;

675

VICTIM'S RIGHTS

12-28-3

(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 therefor. All eligible victims shall be informed of the existence of the criminal injuries compensation fund and the manner of applying therefor; (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. When release is ordered prior to final conviction, notice to the victim shall be given by the attorney general. When release is granted subsequent to final conviction, said notice to the victim shall be given by the parole board; and

(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. Said statement shall be submitted to the parole board for inclusion in its records regarding the defendant's conduct against the victim.

(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 § 12-28-10 to make certain that the victim receives such notification as 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 § 12-28-10 to make certain that the victim receives such notification as is required by this section.

History of Section.

P.L. 1983, ch. 265, § 1; P.L. 1985, ch 411. 1; P.L. 1986, ch 405, § 1; P.L. 1988, ch. 129, art. 25, 5; P.L. 1988, ch. 444, § 2; P.L 1991, ch. 302, 1; P.L. 1994, ch. 187, § 1.

Reenactments. The 1994 Reenactment (PL. 1994, ch. 134. 1) substituted the present section heading for "Rights of the vic. tim during investigation and prosecution of the crime", added the subsection designa

12-28-4. Right to address court prior to sentencing. — (a) Prior to the imposition of sentence upon a defendant who has been adjudicated guilty of a crime in a trial, the victim of the criminal offense shall be afforded the opportunity to address the court regarding the impact which the defendant's criminal conduct has had upon the victim. The victim shall be permitted to speak prior to counsel for the state and the defendant making their sentencing recommendations to the court and prior to the defendant's exercise of his or her right to address the court.

(b) For the purposes of this section, a "victim" is one who has sustained personal injury or loss of property directly attributable to the felonious conduct of which the defendant has been convicted. In homicide cases, a member of the immediate family of the victim shall be afforded the right created by this section.

History of Section.

P.L. 1983, ch. 265, § 1; PL 1985, ch. 411, § 1; P.L. 1986, ch 405, § 1; P.L. 1988, ch 444, § 2.

Reenactments. The 1994 Reenactment (P.L. 1994, ch. 134, § 1) deleted "Victim's"

from the beginning of the section heading, added the subsection designations, subatituted the criminal" for "said criminal" near the beginning of subsection (a), and inserted quotation marks surrounding "victim" in subsection (b).

12-28-4.1. Right to address court regarding plea negotiation. — (a) Prior to acceptance by the court of a plea negotiation and imposition of sentence upon a defendant who has pleaded nolo contendere or guilty to a crime, the victim of the criminal offense shall, upon request, be afforded the opportunity to address the court regarding the impact which the defendant's criminal conduct has had upon the victim. The victim shall be permitted to speak prior to counsel for the state and the defendant making their sentencing recommendations to the court and prior to the defendant's exercise of his or her right to address the court.

(b) For the purposes of this section, a "victim" is one who has sustained personal injury or loss of property directly attributable to the criminal conduct of which the defendant has been charged. In homicide cases, a member of the immediate family of the victim shall be afforded the right created by this section.

History of Section.

P.L. 1985, ch. 387, § 1; P.L. 1986, ch 105, f 1; PL. 1988, ch. 444, § 2.

Reenactments. The 1994 Reenactment (P.L. 1994, ch. 194, § 1) deleted "Victim's" from the beginning of the section heading. added the subsection designations, substi.

tuted "and the imposition" for "and imposi don" and "the criminal" for "said criminal" near the beginning of subsection (a), inserted a comma following "shall" and "request" near the middle of subsection (a), and inserted quotation marks surrounding "victim" ia subsection (b).