Section 15-23-84 – Failure to Provide Right or Notice Not Grounds for Setting Aside Sentence.
Section 15-23-84 Failure to provide right or notice not grounds for setting aside sentence. The failure to provide a right, privilege, or notice to a victim under this article shall not be grounds for the defendant to seek to have the conviction or sentence set aside. (Acts 1995, No. 95-583, p. 1234, §25.)
Section 15-23-69 – Testimony Concerning Information About Victim; Information About Victim in Court File.
Section 15-23-69 Testimony concerning information about victim; information about victim in court file. (a) Based upon the reasonable apprehension of the victim of acts or threats of physical violence or intimidation by the defendant, the family of the defendant, or by anyone at the direction of the defendant, against the victim or the immediate family […]
Section 15-23-70 – Right to Refuse Defendant’s Request for Interview.
Section 15-23-70 Right to refuse defendant’s request for interview. The victim has the right to refuse a request by the defendant, the attorney of the defendant, or by any other person acting on behalf of the defendant, for an interview or other communication with the victim. (Acts 1995, No. 95-583, p. 1234, §11.)
Section 15-23-71 – Plea Agreement.
Section 15-23-71 Plea agreement. The victim has the right to be present at any proceeding at which a negotiated plea for the person accused of committing the criminal offense against the victim will be presented to the court. The court shall not accept a plea agreement unless: (1) The prosecuting attorney advises the court that, […]
Section 15-23-72 – Right to Pre-Sentence Information.
Section 15-23-72 Right to pre-sentence information. The prosecuting attorney shall provide to the victim the date of a conviction, acquittal, or dismissal of the charges filed against the defendant and prior to sentencing, when applicable, notice of the following: (1) The criminal offense for which the defendant was convicted, acquitted, or the effect of a […]
Section 15-23-73 – Impact Statement; Right to Review Pre-Sentence Investigative Report.
Section 15-23-73 Impact statement; right to review pre-sentence investigative report. (a) The victim may submit a written impact statement or make an oral impact statement to the probation officer for use in preparing a pre-sentence report. The probation officer shall consider the economic, physical, and psychological impact that the criminal offense has had on the […]
Section 15-23-74 – Right to Present Evidence, Statement, etc., During Sentencing or Restitution Proceedings.
Section 15-23-74 Right to present evidence, statement, etc., during sentencing or restitution proceedings. The victim has the right to present evidence, an impact statement, or information that concerns the criminal offense or the sentence during any pre-sentencing, sentencing, or restitution proceeding. (Acts 1995, No. 95-583, p. 1234, §15.)
Section 15-23-75 – Right to Information Concerning Defendant’s Sentence, Request for Notice, Post-Conviction Review, Etc.
Section 15-23-75 Right to information concerning defendant’s sentence, request for notice, post-conviction review, etc. The victim has the right to the following information: (1) As soon as practicable, after the date of sentencing, the office of the prosecuting attorney shall notify the victim of the sentence imposed on the defendant. (2) The names, addresses, and […]
Section 15-23-76 – Right to Be Present and Heard at Court Proceeding.
Section 15-23-76 Right to be present and heard at court proceeding. It is the discretion of the victim to exercise the right to be present and heard, where authorized by law, at a court proceeding. The absence of the victim at the proceeding of the court does not preclude the court from going forth with […]
Section 15-23-77 – Right to Have Property Returned.
Section 15-23-77 Right to have property returned. (a) Prior to the admission of evidence to the court, on request of the victim, after consultation and written approval by the district attorney or Attorney General, the law enforcement agency responsible for investigating the criminal offense shall return to the victim any property belonging to the victim […]