2005 Idaho Code - 19-5306 — RIGHTS OF VICTIM DURING INVESTIGATION, PROSECUTION, AND DISPOSITION OF THE CRIME

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 53
                      COMPENSATION OF VICTIMS OF CRIMES
    19-5306.  RIGHTS OF VICTIM DURING INVESTIGATION, PROSECUTION, AND
DISPOSITION OF THE CRIME. (1) Each victim of a criminal or juvenile offense
shall be:
    (a)  Treated with fairness, respect, dignity and privacy throughout the
    criminal justice process;
    (b)  Permitted to be present at all criminal justice proceedings or
    juvenile proceedings including probation proceedings;
    (c)  Entitled to a timely disposition of the case;
    (d)  Given prior notification of trial court, appellate, probation and
    parole proceedings and, upon request, to information about the sentence,
    incarceration, placing on probation or release of the defendant;
    (e)  Heard, upon request, at all criminal justice proceedings considering
    a plea of guilty, sentencing, incarceration, placing on probation or
    release of the defendant unless manifest injustice would result;
    (f)  Afforded the opportunity to communicate with the prosecution in
    criminal or juvenile offenses, and be advised of any proposed plea
    agreement by the prosecuting attorney prior to entering into a plea
    agreement in criminal or juvenile offenses involving crimes of violence,
    sex crimes or crimes against children;
    (g)  Allowed to refuse an interview, ex parte contact or other request by
    the defendant or any other person acting on behalf of the defendant,
    unless such request is authorized by law;
    (h)  Consulted by the presentence investigator during the preparation of
    the presentence report and have included in that report a statement of the
    impact which the defendant's criminal conduct had upon the victim and
    shall be allowed to read, prior to the sentencing hearing, the presentence
    report relating to the crime. The victim shall maintain the
    confidentiality of the presentence report, and shall not disclose its
    contents to any person except statements made by the victim to the
    prosecuting attorney or the court;
    (i)  Assured the expeditious return of any stolen or other personal
    property by law enforcement agencies when no longer needed as evidence;
    (j)  Notified whenever the defendant or suspect is released or escapes
    from custody. When release is ordered prior to final conviction, notice to
    the victim shall be given by the law enforcement authority from whose
    custody the defendant was released.  When the release is granted
    subsequent to a final conviction, notice shall be given to the victim by
    the law enforcement authority from whose custody the defendant was
    released unless release is granted by the commission of pardons and
    parole, in which case the commission shall notify the victim. When a
    release on probation is being considered following a period of retained
    jurisdiction, notice of the hearing shall be given to the victim by the
    prosecuting attorney.
    (2)  Upon the filing of a criminal complaint or juvenile petition, the
prosecuting attorney shall inform the victim of the various opportunities
provided by this section. The victim may exercise any of the rights provided
by this section by completing a written request on a form provided by the
prosecuting attorney to the clerk of the district court. The clerk thereafter
shall notify the appropriate authorities of the victim's requests.  Notice
thereafter shall be given to the victim at the address provided unless the
victim subsequently provides a different address. The victim's address shall
be kept confidential by the court except for carrying out the provisions of
this chapter.
    (3)  The provisions of this section shall apply equally to the immediate
families of homicide victims or immediate families of victims of such youthful
age or incapacity as precludes them from exercising these rights personally.
The court may designate a representative from the immediate family to exercise
these rights on behalf of a deceased, incapacitated, or minor victim.
    (4)  Nothing in this section shall be construed to authorize a court to
dismiss a case, to set aside or void a finding of guilt or an acceptance of a
plea of guilty, or to obtain appellate, habeas corpus, or other relief from
any criminal judgment, for a violation of the provisions of this section; nor
be construed as creating a cause of action for money damages, costs or
attorney's fees against the state, a county, a municipality, any agency,
instrumentality or person; nor be construed as limiting any rights for victims
previously conferred by statute; nor be construed to require the court
appointment of legal counsel or the payment of transportation costs.
    (5)  As used in this section:
    (a)  "Victim" is an individual who suffers direct or threatened physical,
    financial or emotional harm as the result of the commission of a crime or
    juvenile offense;
    (b)  "Criminal offense" is any charged felony or a misdemeanor involving
    physical injury, or the threat of physical injury, or a sexual offense;
    (c)  "Juvenile offense" is charged conduct that is a violation of law that
    brings a juvenile within the purview of chapter 5, title 20, Idaho Code,
    and which conduct committed by a juvenile would be a felony if committed
    by an adult.