Updated January 24, 2007

2003 Summary of Victims' Rights Legislation

State legislatures continue to illustrate an unwavering commitment toward helping victims of crime. Strengthening existing victims’ rights laws remained a top priority for legislators in 2003.

Technology is helping to improve victims’ rights to receive reasonable notice. For example, we see the emergence of automated victim notification systems and toll free numbers that victims may call in many states. A Nevada measure provides that a victim may request notification through an automated notification system if a defendant is released before or during trial. In Illinois, a 2003 law requires the Prisoner Review Board to establish a toll-free number for victims to present information to the board at the parole hearing. States legislatures are also expanding the list of circumstances for victim notification. Maine now requires notification to a victim of the defendant’s release when he is institutionalized after being found incompetent to stand trial. Oklahoma adds notification of the commutation of an offender’s sentence - including the commutation of a sentence of life without parole. A Virginia act expands the services and information that must be supplied to victims to include additional and more timely information about the investigatory and post-trial process. (Appendix: NV AB 336, IL HB 1359, ME HB 898, OK SB 616, VA SB 1003.)

State legislatures also continue to focus their efforts on increasing and expanding victim compensation provisions. New laws expand the categories of harm and the definitions of those who are eligible to receive compensation. Connecticut allows attorney’s fees to be part of any compensation award. Maine passed a measure to expand the definition of “family or household member” of a victim to include other individuals “who bear an equally significant relationship to the victim” to those who may access the Victims’ Compensation Fund. Legislation in Oregon expands the definition of “survivor” to include any “household member” in addition to spouse, parent, guardian, sibling, child or other immediate family member to be eligible for compensation. Legislators in Maryland and Texas demonstrated concern for lost wages of victims’ family members. The new Maryland law provides that a parent or guardian of a victim may be eligible for lost wages as a result of caring for a victim. And Texas now provides a bereavement period to reimburse lost wages for up to 10 workdays, or $1,000 for immediate family members of deceased crime victims. (Appendix: CT HB 6432, ME HB 1103, OR SB 106, MD SB 186, TX HB 1895.)

States continue in their commitment to enforcing and expanding restitution provisions. 2003 was no exception. Alaska legislation expands restitution orders to include compensation for the value of volunteer work. The same measure provides that a defendant may pay restitution to relatives, friends, co-workers and neighbors of a crime victim who spent time consoling the victim, helped clean up after the crime, or assisted the victim with tasks because the victim was too upset to attend to them. State legislatures recognize that ordering an offender to pay restitution to the victim is only half the battle. Enforcing such orders is the other key piece of it and states are increasingly working to achieve this goal. A new Delaware enactment requires that the court retain jurisdiction over an offender until restitution is paid in full to the victim and joins many other states by making orders of restitution fully enforceable in the same manner as any other judgments of the court. A sweeping Vermont measure creates a restitution unit within the Center for Crime Victim Services to manage the restitution fund, collect restitution and make restitution payment to victims. (Appendix: Alaska HB 23, Delaware SB 50, VT SB 15.)

Victims are an integral part of the criminal justice system. Thus, ensuring their participation in the process is vital and continually addressed by state legislatures. In 2003, several states addressed victims’ input during the plea bargain stage. A new Connecticut law requires that victims be given the opportunity to participate prior to the acceptance of a plea agreement and gives them the right to be present at sentencing hearings. Similarly, Minnesota now provides a victim to give input earlier in the plea agreement process by allowing their presence and input at the hearing in which the plea is presented to the court. New Jersey legislation gives victims of sexual assault the opportunity to consult with the prosecutor in plea negotiations. (Appendix: CT SB 1066, MN SB 964, NJ SB 1143.)

For a complete list of the 2003 Victims’ Rights Enactments.

Preparation of this information was supported by Grant No. 2002-VF-GX-0006, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions expressed in this report are those of the author(s) and do not necessarily represent the official position or policies of the U.S. Department of Justice.

The Office for Victims of Crime is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the National Institute of Justice, and the Office of Juvenile Justice and Delinquency Prevention.

For more information on the Office of Justice Programs visit http://www.ojp.usdoj.gov/