§ 17-17-9.1. Communications Between Victim Assistance Personnel and Victims Privileged
Communications between a victim, other than a peace officer, and victim assistance personnel appointed by a prosecuting attorney and any notes, memoranda, or other records made by such victim assistance personnel of such communication shall be considered attorney work product of the prosecuting attorney and not subject to disclosure except where such disclosure is required […]
§ 17-17-10. Requirement by Court That Defense Counsel Not Disclose Victim Information to Accused
As a condition of permitting a response to an inquiry as to the victim’s current address, telephone number, or place of employment, the court may require counsel or any other officer of the court, including but not limited to counsel for the defendant, not to transmit or permit transmission to the defendant of the victim’s […]
§ 17-17-11. Right of Victim to Express Opinion on Disposition of Accused’s Case
The prosecuting attorney shall offer the victim the opportunity to express the victim’s opinion on the disposition of an accused’s case, including the views of the victim regarding: Plea or sentence negotiations; and Participation in pretrial or post-conviction diversion programs. This provision shall not limit any other right created pursuant to state law. History. Code […]
§ 17-17-12. Notification to Victim of Accused’s Motion for New Trial or Appeal, Release on Bail or Recognizance, Appellate Proceedings, and Outcome of Appeal; Notifications Regarding Death Penalty Cases; Victim’s Rights Retained at New Trial or on Appeal
Upon the written request of the victim, the prosecuting attorney shall notify the victim of the following: That the accused has filed a motion for new trial, an appeal of his or her conviction, or an extraordinary motion for new trial; Whether the accused has been released on bail or other recognizance pending the disposition […]
§ 17-17-12.1. Requests to Prevent an Accused From Sending Any Form of Written, Text, or Electronic Communication to the Victim’s Family, or the Victim
As used in this Code section, the term “mail” means any form of written communication, including, but not limited to, letters, cards, postcards, packages, parcels, and e-mail as defined by Code Section 16-9-100, text messaging, and any other form of electronic communication which is knowingly intended to be delivered to or received by a victim, […]
§ 17-17-13. Notification to Victim of Impending Parole, Release for Period Exceeding 60 Days, or Pardon; Notice of Hearing on Request to Commute Death Sentence
The State Board of Pardons and Paroles shall give 20 days’ advance notification to a victim whenever it considers making a final decision to grant parole, release a defendant for a period exceeding 60 days, or grant a pardon; and the board shall provide the victim with an opportunity to file a written objection to […]
§ 17-17-14. Victim Required to Provide Current Address and Phone Number to Notifying Parties
It is the right and responsibility of the victim who desires notification under this chapter or under any other notification statute to keep the following informed of the victim’s current address and phone number: The investigating law enforcement agency; The prosecuting attorney, until final disposition or completion of the appellate and post-conviction process, whichever occurs […]
§ 17-17-3. Definitions
As used in this chapter, the term: “Accused” means a person suspected of and subject to arrest for, arrested for, or convicted of a crime against a victim. (1.1) “Arrest” means an actual custodial restraint of a person or the person’s submission to custody and includes the taking of a child into custody. “Arresting law […]
§ 17-17-15. Failure to Provide Notice Not Rendering Responsible Person Liable or Comprising Basis for Error; Chapter Not Conferring Standing Upon Victim to Participate as Party in Criminal Proceeding; Existing Rights Not Affected; Waiver of Rights by Victim
Failure to provide or to timely provide any of the information or notifications required by this chapter shall not subject the person responsible for such notification or that person’s employer to any liability for damages. Failure to provide a victim with any of the rights required by law shall not give an accused a basis […]
§ 17-17-4. Designation of Family Member to Act in Place of Physically Disabled Victim
If a victim is physically unable to exercise privileges and rights under this chapter, the victim may designate by written instrument his or her spouse, adult child, parent, sibling, or grandparent to act in place of the victim during the duration of the physical disability. During the physical disability, notices to be provided under this […]