15-11-64.2
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15-11-64.2.
(a)
In any delinquency proceeding in which a petition has been filed, the juvenile
court shall notify any victim of a delinquent child´s alleged offense that
the victim may submit a victim impact statement if:
(1)
The allegedly delinquent child, in conduct which would constitute a felony if
committed by an adult, caused physical, psychological, or economic injury to the
victim; or
(2)
The allegedly delinquent child, in conduct which would constitute a misdemeanor
if committed by an adult, caused serious physical injury or death to the victim.
(b)
A victim impact statement submitted by a victim shall be attached to the case
file and may be used by the district attorney or the judge during any stage of
the proceedings against the child involving predisposition, disposition, or
determination of restitution.
(c)
A victim impact statement shall:
(1)
Identify the victim of the offense and the perpetrator;
(2)
Itemize any economic loss suffered by the victim as a result of the offense;
(3)
Identify any physical injury suffered by the victim as a result of the offense
along with its seriousness and permanence;
(4)
Describe any change in the victim´s personal welfare or familial
relationships as a result of the offense;
(5)
Identify any request for psychological services initiated by the victim or the
victim´s family as a result of the offense; and
(6)
Contain any other information related to the impact of the offense upon the
victim that the court requires.
(d)
The victim may complete the victim impact statement form and submit such form to
the juvenile court. If the victim is unable to do so because of such
victim´s mental, emotional, or physical incapacity, or because of such
victim´s age, the victim´s attorney or a family member may complete
the victim impact statement form on behalf of the victim.
(e)
The court shall, in the manner prescribed by rule of court, provide the child
with a copy of the victim impact statement within a reasonable time prior to any
hearing at which it is to be considered and allow the child to have the
opportunity to rebut the victim´s written statements.
(f)
No disposition of the child shall be invalidated because of failure to comply
with the provisions of this subsection. This subsection shall not be construed
to create any cause of action or any right of appeal on behalf of any
person.