for Crime Victims
SECTION 28 ARTICLE 1
A crime victim or his or her guardian or representative shall have certain rights. A crime victim or his or her guardian or representative would have the right to be informed of all criminal court proceedings; their right to be present at trial unless the trial court finds sequestration necessary for a fair trial for the defendant; and the right to be informed of, be present at, and make an oral or written statement at sentencing, parole, pardon, commutation, and conditional release proceedings. The Legislature would be required to pass laws for implementation of such rights. There would be not remedies other than as specifically provide by the legislature for the enforcement of such rights.
Notification Upon Release or Parole Eligibility
(1) Upon request of the victim and at the time of conviction of the offender, the county attorney of the jurisdiction in which a person in convicted of a felony shall forward to the Board of Parole the name and address of any victim as defined in section 29-119 I of the convicted person. The board shall include the name in the file of the convicted person, but the name shall not be part of the public record of any parole hearings of the convicted person. Any victim, including a victim who waived his or her right to notification at the time of conviction, may request the notification prescribed in this section by sending a written request to the board any time after the convicted person is incarcerated and until the convicted person is no longer under the jurisdiction of the board or the Department of Correctional Services.
(2) A victim whose name appears in the file of the convicted person shall be notified by the Board of Parole:
- (a) When a convicted person who is on parole is returned to custody because of parole violations; and
(b) If the convicted person has been adjudged a mentally disordered sex offender or is a convicted sex offender, when such person is released from custody or treatment. Such notification shall be given in person, by telecommunications, or by certified or registered mail.
(3) A victim whose name appears in the file of the convicted person shall be notified by the Department of Correctional Services:
- (a) When a convicted person is granted a furlough or release from incarceration for twenty-four hours or longer;
(b) When a convicted person is released into community-based programs, including educational release, work release, and extended-leave programs. Such notification shall occur at the beginning and termination of any such program;
(c) When a convicted person escapes or does not return from a granted furlough or release and again when the convicted person is returned into custody; and
(d) When a convicted person is discharged from custody upon completion of his or her sentence.
(4) The Board of Parole and the Department of Correctional Services shall adopt and promulgate rules and regulations to carry out this section.