8-381. Applicability This article applies to acts that are committed by a juvenile and that if committed by an adult would be either: 1. A misdemeanor offense. 2. A felony offense. 3. A petty offense. 4. A violation of a local criminal ordinance.
8-382. Definitions In this article, unless the context otherwise requires: 1. " Accused" means a juvenile who is referred to juvenile court for committing a delinquent act. 2. " Appellate proceeding" means any contested matter before the state court of appeals, the state supreme court, a federal court of appeals or the United States supreme […]
8-383. Implementation of rights and duties A. Except as provided in sections 8-386 and 8-412 and section 8-389, subsection B, the rights and duties that are established by this article arise on the arrest or formal charging of a juvenile who is alleged to be responsible for a delinquent act against a victim. The rights […]
8-383.01. Victims’ rights; dismissed counts A. If a criminal offense against a victim has been charged but the prosecution on the count or counts involving the victim has been or is being dismissed as the result of a plea agreement in which the defendant is pleading to or pled to other charges, the victim of […]
8-384. Inability to exercise rights; designation of others; notice; representative for a minor or vulnerable adult; definition A. If a victim is physically or emotionally unable to exercise any right but is able to designate a lawful representative who is not a bona fide witness, the designated person may exercise the same rights that the […]
8-385. Limited rights of a legal entity Any corporation, partnership, association or other legal entity that, except for its status as an artificial entity, would be included in the definition of victim in section 8-382 shall be afforded the following rights: 1. Within a reasonable time after arrest, the prosecutor shall notify the legal entity […]
8-385.01. Victims’ rights for neighborhood associations A. A neighborhood association may register with the city, town or county in which the neighborhood association is located to invoke the rights that are afforded pursuant to this article. The city, town or county shall establish procedures for the registration of neighborhood associations pursuant to this section. The […]
8-386. Information provided to victim by law enforcement agencies A. As soon after the detection of an offense as the victim may be contacted without interfering with an investigation or arrest, the law enforcement agency responsible for investigating the offense shall provide electronic forms, pamphlets, information cards or other materials to the victim: 1. That […]
8-386.01. Issuance and execution of arrest warrants A. On the issuance of an arrest warrant, the court issuing the warrant shall state in the warrant whether the person named in the warrant is to be arrested for or is to be charged with committing an offense to which this article applies or that is materially […]
8-387. Notice of terms and conditions of release On the request of the victim, the juvenile probation department or the department of juvenile corrections shall provide a copy of the terms and conditions of release. The copy of the terms and conditions of release may be provided to the victim in an electronic form, pamphlet, […]
8-388. Notice of diversion If an accused is accepted into a diversion program pursuant to section 8-321, the probation department administering the program shall give the victim notice of the conditions that the accused must comply with in order for the complaint or citation to be adjusted or dismissed. The notice shall state whether restitution […]
8-389. Preliminary notice of rights A. If the victim has requested notice and if the accused is in custody at the time of charging, or seven days after the prosecutor charges a delinquent offense if the accused is not in custody, the prosecutor’s office shall give the victim notice of the following: 1. All of […]
8-390. Notice of proceedings A. The court shall give notice to the prosecutor’s office in a timely manner of any changes in scheduled proceedings. B. Except for detention hearings the court shall provide notice of all proceedings to the prosecutor’s office at least five days before a scheduled proceeding. C. If the court finds that […]
8-391. Notice of adjudication; impact statement A. On request the prosecutor’s office, within fifteen days after the adjudication, transfer, acquittal or dismissal of the charges against the accused, shall give notice to the victim of the offense or offenses for which the accused was adjudicated delinquent, transferred for adult prosecution or acquitted or of the […]
8-392. Notice of postadjudication review and appellate proceedings A. Within fifteen days after the disposition proceeding the prosecutor’s office, on request, shall notify the victim of the disposition imposed on the juvenile defendant. B. The prosecutor’s office shall provide the victim with a form that allows the victim to request postadjudication notice of all postadjudication […]
8-392.01. Notice of right to request not to receive committed youth mail A. Within fifteen days after a juvenile defendant is committed to the department of juvenile corrections, the prosecutor’s office shall notify the victim of the right of the victim, any member of the victim’s family or any member of the victim’s household, to […]
8-393. Notice of release or escape A. The custodial agency shall immediately notify the victim of the postarrest release or escape of the accused. B. The department of juvenile corrections shall immediately give notice to a victim and the prosecutor’s office of an escape by, and again upon the subsequent rearrest of, the accused or […]
8-394. Notice of delinquent’s status A. If the victim has made a request for postadjudication notice, the director of the department of juvenile corrections shall mail to the victim the following information about a delinquent in the custody of the department of juvenile corrections: 1. Within thirty days after the request, notice of the earliest […]
8-395. Notice of postadjudication release; right to be heard; hearing; final decision; free electronic recording A. The victim has the right to be present and be heard at any proceeding in which postadjudication release from confinement is being considered and the right to submit a statement to the department of juvenile corrections when a request […]
8-396. Notice of probation modification, termination or revocation disposition matters; notice of arrest A. On request of a victim who has provided an address or other contact information, the probation department shall notify the victim of any of the following: 1. A probation revocation disposition proceeding or any proceeding in which the court is asked […]
