Posted May 11, 2007

Victims' Rights State Legislation in 2006

State lawmakers continued to strengthen and enforce victims' rights in 2006 by enacting innovative measures to assist, protect and compensate victims of crime.

Exploring new enforcement measures to ensure compliance with victims' rights laws and holding the system accountable to crime victims were evident last year. Victims in Arizona can now request an actual reexamination proceeding within10 days of a proceeding for which the victim asserts that his or her rights were denied. The measure requires the court in such proceeding to examine the denial of the victim’s rights and reconsider any decision made under the circumstances. In Colorado, lawmakers focused on educating the criminal justice system on victims' laws to assist with enforcement. A 2006 act requires law enforcement agencies to provide annual training, education and risk-assessment programs for district attorneys and victim advocates and further requires courts to make sure that entities responsible for victim notification have contact information for the victim.

Another aspect of enforcement lies in the collection of restitution. Several 2006 laws seek to improve enforceability of restitution in various ways. Legislation in California allows the Department of Corrections to collect restitution directly from an inmate or parolee. Action in Maine requires inmates participating in a work program to pay at least 25 percent of their gross income to owed restitution to victims. Similarly, a new Michigan law requires that money in prisoners' personal accounts be used for the payment restitution. Another restitution enforcement measure seen in Mississippi in 2006 allows an offender to be placed in a pretrial intervention program for the sole purpose of collecting unpaid restitution. Several states also focused on enforcing restitution for victims of crimes committed by juveniles. For example, Maryland now gives victims of crimes committed by juveniles the right to collect restitution; and Iowa took it a step further providing that after a juvenile reaches 18 and is discharged, all unpaid restitution orders will become a judgment and lien against all of his or her property. The act also provides that juvenile delinquency records will remain unsealed until restitution is paid in full to the victim.

Providing specific protections and services for categories of victims remained a priority for lawmakers in 2006. Such special categories of victims specifically include sexual assault victims and victims of mentally ill offenders. Both Alaska and Pennsylvania now require minimum standards be set for law enforcement to help victims and facilitate the investigation and prosecution of sexual offenses. Indiana legislation creates the Sexual Assault Standards and Certification Board to certify sexual assault victim advocates. Other states focused on the necessity of the continuing safety of sexual assault victims in their homes. For instance, Delaware now allows tenants who are victims of sexual assault to terminate their leases early for safety reasons. Similarly, Illinois policymakers created the Safe Homes Act that allows victims of sexual violence to require that the landlord change the locks, to change the locks if the landlord does not act, terminate the lease, and impose penalties on a landlord for violations.

Mental health issues continue to be addressed in the states. States recognize that extra steps need to be taken to ensure notification rights for victims whose offenders may not be in the criminal justice system due to mental health. A new Virginia law provides that notice be given to any victim whose offender was acquitted because of mental illness when the offender is granted an unescorted community visit.

Appendix:

General Enforcement of Victims' Rights
Arizona SB 1176; Colorado HB 1379 and SB 177

Restitution
California AB 1505; Iowa HB 2651; Maine HB 1324; Maryland SB 508; Michigan HB 4789; Mississippi HB 113

Special Categories of Victims

Sexual Assault
Alaska SB 134; Delaware SB 274; Illinois HB 4715; Indiana HB 1123; Pennsylvania SB 439

Addressing Mental Health Issues
Virginia HB 132

For a complete list of the 2006 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/