§ 9424. Additional rights and services.
§ 9424. Additional rights and services. (a) A victim or witness with a cognitive disability is entitled to an explanation, in language the victim or witness understands, of all legal proceedings in which the victim or witness is to be involved. (b) A victim or witness with a cognitive disability is entitled to be accompanied, […]
§ 9415. Presentence report.
§ 9415. Presentence report. In preparing a presentence report, the Investigative Services Officer shall make a reasonable effort to confer with the victim. If the victim is not available or declines to confer, the Investigative Services Officer shall record that information in the report. The victim shall have the right to present a victim-impact statement […]
§ 9416. Consideration of victim-impact statement at Board of Parole hearing or Board of Pardons hearing.
§ 9416. Consideration of victim-impact statement at Board of Parole hearing or Board of Pardons hearing. (a) The Board of Parole shall inform the victim in writing of: (1) The right of the victim to address the Parole Board in writing or in person; and (2) The decision of the Parole Board. (b) The Board […]
§ 9417. Requirement of state agencies to file annual reports.
§ 9417. Requirement of state agencies to file annual reports. All agencies given duties by this chapter shall submit an annual report with related statistics outlining compliance with this chapter. The annual report shall be submitted at the end of each calendar year to the Governor and to the Criminal Justice Council. Unless prevented by […]
§ 9418. Victims’ Rights Fund.
§ 9418. Victims’ Rights Fund. All fines collected under Chapter 48 of Title 21 shall be deposited into a Victims’ Rights Fund established within the State Treasurer’s Office. Proceeds of this Fund are to be used for the establishment of necessary infrastructure and systems development in support of victim notification initiatives. 69 Del. Laws, c. […]
§ 9419. Rights of qualifying neighborhood or homeowners’ associations.
§ 9419. Rights of qualifying neighborhood or homeowners’ associations. (a) Residents of neighborhoods where illegal drug activity occurs shall collectively be entitled to all of the rights, privileges and notice requirements otherwise provided to victims under this chapter, provided that: (1) There exists within the residents’ neighborhood a neighborhood or homeowners’ association, which shall serve […]
§ 9404. Victim’s interest in speedy prosecution; child victim or witness.
§ 9404. Victim’s interest in speedy prosecution; child victim or witness. (a) The court shall consider the interest of the victim in a speedy prosecution. (b) Proceedings shall be expedited in cases involving a child victim or witness particularly in child abuse and sexual abuse cases. 68 Del. Laws, c. 445, § 1; 69 Del. […]
§ 9420. Polygraph testing of a victim.
§ 9420. Polygraph testing of a victim. (a) A law-enforcement officer, prosecuting officer or other government official shall not ask or require an adult, youth or child victim of an alleged sex offense as defined in Chapter 5, subchapter II, subpart D of this title, to submit to a polygraph examination or truth telling device […]
§ 9405. Prosecutor to confer with victim.
§ 9405. Prosecutor to confer with victim. Consistent with the duty to represent the interests of the public as a whole, the prosecutor shall confer with a victim before amending or dismissing a charge or agreeing to a negotiated plea or pretrial diversion. Failure of the Attorney General to confer with the victim does not […]
§ 9421. Legislative intent.
§ 9421. Legislative intent. The General Assembly finds that it is necessary to provide every victim and witness with a cognitive disability, particularly those whose disability renders them the emotional or mental equivalent of a child, with additional consideration and different treatment than that usually required for adult victims and witnesses who are not cognitively […]