Introduction
Crime victims have “… the right to be reasonably protected from the accused through the imposition of appropriate bail or conditions of release by the court …” —Article I, section 24 of the Alaska State Constitution
Laws in every state provide rights for and services to victims. Most states have laws that specifically address victim interests related to pretrial release. Victims’ rights laws in California, Delaware, Illinois, Louisiana, Mississippi, Missouri, Oklahoma, Oregon and Texas specifically instruct judges to consider the safety of victims when determining conditions of pretrial release. Laws in other states address various victim-specific rights and protections at the pretrial stage.
Notice and participation rights laws afford the victim the choice to actively participate in criminal proceedings or stay removed.
Forty-one states provide a victim with the right to be notified when a defendant is released prior to trial. In at least 10 of these states, the victim also is required to be notified of the release conditions. Twenty-five states require that the victim be notified of the pretrial release hearing.
Most states provide victims the right to participate in the criminal justice process. This can include the right to attend and be heard at all “critical” stages of criminal justice proceedings. Laws in 19 states address participation in hearings related to pretrial release and conditions. Victim participation can include consultation about the possibility of release or appropriate release conditions, the right to attend release hearings and the opportunity to be heard during the hearing.
This chart provides more information on laws covering pretrial victim notification and participation rights.
Victim Notification and Participation Rights in Pretrial Release*
State and Citation |
Right to Notice of Release |
Right to Notice of Release Hearing |
Right to Participation |
Alabama Code §15-23-75(4) |
X |
|
|
Alaska Stat. §12.30.016(f); §12.30.027(d); Const. art. I, § 24 |
X** |
X |
Attend and be heard |
Arizona Rev. Stat. Ann. §13-4407; §13-4412; §13-4422; §13-4406; Const. art. II, § 2.1 |
X** |
X |
Attend and be heard |
Arkansas Code Ann. §16-21-106(a) |
|
X |
|
California Const. art. I, § 28; Penal Code §679.02(12) |
X |
X |
Attend and be heard |
Colorado Rev. Stat. §24-4.1-302.5(b) & (c) |
X |
X |
Attend |
District of Columbia Code §23-1902(c)(2) |
X |
|
|
Florida Stat. §960.001(b), (e) & (g) |
X |
X |
Be consulted and attend |
Georgia Code Ann. §17-17-5; §17-17-7 |
X |
X |
|
Hawaii Rev. Stat. §801D-4(a) |
X |
|
|
Idaho Code Ann. §19-5306(1)(j) |
X |
|
|
Illinois Const. art I §8.1(5); 725 ILCS 120/4.5(b) & (c) |
X |
X |
Be heard |
Indiana Code §35-40-5-2; §35-40-7-2 |
X |
X |
|
Iowa Code §915.16 |
X** |
|
|
Kentucky Rev. Stat. Ann. §421.500(5); §431.064; §421.500(6) |
X** |
X |
Be consulted |
Louisiana Rev. Stat. Ann. §46:1844(A)(3) |
X |
X |
|
Maine Rev. Stat. tit. 17-A, §1175-A(2) |
X |
|
|
Maryland Const. DECL OF RIGHTS, art. XLVII; Code Ann., Crim. Proc. §11-104 |
|
X |
|
Massachusetts Gen. Laws ch. 209A, §6 |
X |
|
|
Michigan Comp. Laws §780.755; §780.815 |
X |
|
|
Minnesota Stat. §629.72(6) & (7); §629.725; §629.73 |
X** |
X |
Attend |
Mississippi Code Ann. §99-43-35(d) |
X |
|
|
Missouri Rev. Stat. §595.209(4), (5) & (7); Const. art. I, §32 |
X |
X |
Be consulted, attend and be heard |
Montana Code Ann. §46-24-203(1); §46-9-108(3); §46-24-104 |
X |
|
Be consulted |
Nebraska Rev. Stat. §178.5698 |
X |
|
|
Nevada Rev. Stat. §178.5698 |
X** |
|
|
New Jersey Stat. Ann. §2C:25-26.1; §52:4B-44 |
X |
X |
|
New York Exec. Law §641, §646, §642; §647 |
X |
|
Be consulted |
North Dakota Cent. Code §12.1-34-02(4) |
X** |
X |
|
Ohio Rev. Code Ann. §2930.05(A) |
X |
|
|
Oklahoma Const. art. II, §34 |
X |
|
|
Oregon Const. art. I, §42 |
|
X |
Attend and be heard |
Pennsylvania 18 Pa. Cons. Stat. §11.201(2) & (9) |
X |
|
|
Rhode Island Gen. Laws §12-28-11(b); §12-28-3(a)(2) |
X |
X |
|
South Carolina Code Ann. §16-3-1525(A), (B), (H) & (I); Const. art. I, §24 |
X |
X |
Attend and be heard |
South Dakota Codified Laws §23A-28C-1 |
X |
X |
|
Tennessee Code Ann. §40-11-150; §40-11-106(c); §40-38-110(a); Const. art. I, §35 |
X** |
X |
Attend and be heard |
Texas Code Crim. Proc. Ann. art. 17.29 |
X |
|
|
Utah Code Ann. §77-36-2.5(6) & (9); §77-38-4(1) |
X** |
X |
Attend and be heard |
Vermont Stat. Ann. tit. 13, §5305; §5308 |
X** |
X |
Be consulted and attend |
Virginia Code Ann. §19.2-11.01; §40.1-28.7:2 |
X |
|
Attend |
Washington Const. art. I, §35 |
X |
X |
Attend and be heard |
West Virginia Code §61-11A-6(4)-(5); §62-1c-17c(c) |
X |
X |
Be consulted |
Wyoming Stat. Ann. §1-40-204(b)(iv) |
X |
|
|
*No statute located for states not listed
**State also requires victim be notified of the defendant's pretrial release conditions
Source: National Conference of State Legislatures, 2015
Westlaw was used to conduct this research.
Court rule and case law provide further guidance regarding victim notification. Court rule is not included in this chart unless a statute authorizes or is superseded by the rules and case law is not included.
In some states, all defendants must see a judge to have the conditions of their release set. Other states use bail schedules, bail commissioners or law enforcement officers to set conditions of release for the bulk of defendants. Under the latter circumstance, states may require a court official to determine release conditions for more serious charges. Often these are crimes that involve a victim. A pretrial release hearing allows the court to take individual circumstances of the crime into consideration when determining release.
This chart lists the states and offenses in which a pretrial release hearing is required.
Required Pretrial Release Hearings for Victim-Related Crimes*
State and Citation |
Applicable Offenses |
Alabama Code §15-13-190(a) |
Domestic violence offenses involving physical contact with the victim; violation of protection order. |
Alaska Stat. §12.30.027 |
Domestic violence |
Arkansas Code Ann. §16-81-113(a) |
Domestic violence |
California Penal Code §1270.1(a); §853.6(2) |
Serious felonies; violent felonies except residential burglary; felony intimidation of a witness; rape of a spouse; corporal injury to a family member; threat of injury by an electronic communication device to a family member; stalking; domestic violence battery; violation of protection order by threat or use of violence or going to the workplace or residence of the protected party; misdemeanor violation of protection order involving domestic violence. |
Delaware Code Ann. tit. 10, §1046 |
Violation of protection order |
District of Columbia Code §23-1323(a); §23-1322(b) |
Violent crime if defendant is believed to be addicted to narcotic drugs. |
Florida
Stat. 741.2901(3); §903.046(I) & (m)
|
Domestic violence offenses; offenses related to criminal gangs; burglary; sexual offenders; sexual predators. |
Georgia Code Ann. §17-6-1 |
Treason; murder; rape; aggravated sodomy; armed robbery; home invasion in the first degree; aircraft hijacking; motor vehicle hijacking; aggravated child molestation; aggravated sexual battery; kidnapping, arson, aggravated assault, or burglary with a prior similar conviction or was on pretrial release for a similar offense or other offenses enumerated in §17-6-1(a)(11); aggravated stalking; family violence offense; violation of a criminal family violence order; homicide by vehicle. |
Illinois 725 ILCS 5/110-5.1 |
Violent crime against a family or household member with a prior similar conviction or the offense involved physical harm, threat of physical harm or possession of a deadly weapon. |
Indiana Code §35-33-8-3.5 |
Sexually violent predator; child molestation; child solicitation. |
Iowa Code §708.11(5); §664A.3(2) |
Stalking; violation of protection order. |
Kansas Stat. Ann. §22-2901(7) |
Criminal trespass in violation of a protection order |
Louisiana Code Crim. Proc. Ann. art. 330.3 |
Felony family or household member or dating partner offenses. |
Maine Rev. Stat. tit. 15, §1023(4) |
Offenses against family or household member as enumerated in 15 §1023(B-1) & (4)(c); domestic violence, sexual assault, or sexual exploitation of a minor while on pretrial release. |
Maryland Code Ann., Crim. Proc. §5-202 |
Violent crime with a prior similar conviction; crimes enumerated in Cr.Pr. Law §5-202(d)(1) while on pretrial release; violation of protection order; firearm offenses enumerated in Cr.Pr. Law §5-202(f)(1) with a prior similar conviction; defendants required to register as a sex offender. |
Massachusetts Gen. Laws ch. 276, §57; §58A |
Violation of protection order; misdemeanor or felony abuse of family or household member in violation of protection order; other offenses involving physical force or abuse enumerated in 276 §58A. |
Minnesota Stat. §629.72 |
Harassment; domestic abuse; violation of protection order; violation of domestic abuse no contact order. |
Mississippi Code Ann. §99-5-37 |
Misdemeanor domestic violence; aggravated domestic violence; aggravated stalking; violation of pretrial release related to a domestic violence offense; violation of domestic violence protection order. |
Montana Code Ann. §46-9-302 |
Assault on a partner or family member; stalking; violation of protection order. |
Nebraska Rev. Stat. §42-929 |
Violation of protection or restraining order |
Nevada Rev. Stat. §178.484(7) & (8) |
Domestic violence battery; violation of domestic violence protection order that involved threat of harm, has a previous violation of protection order, or has a concentration of alcohol of .08 or more or under the influence of a prohibited substance. |
New Hampshire Rev. Stat. Ann. §594:20-a |
Violation of protection order |
New York Crim. Proc. Law §530.20 |
Class A felony; any offense with two prior felony convictions. |
North Carolina Gen. Stat. §15A-534.1 |
Assaulting, stalking, threatening, or committing a felony upon a spouse, former spouse or person whom the defendant has lived with as if a spouse; domestic criminal trespass; violation of domestic violence protection order. |
North Dakota Cent. Code §14-07.1-10(3) |
Domestic violence |
Ohio Rev. Code Ann. §2919.251; §2937.23 |
Violent offenses against family or household member if the offense was in violation of protection order or the offense involved physical harm, possession of a deadly weapon, or threat of serious physical harm; assault on a peace officer. |
Oklahoma Stat. tit. 22, §1105(B) |
Violation of protection order; domestic abuse; stalking; harassment; domestic assault; domestic assault or battery with a deadly weapon. |
Rhode Island Gen. Laws §12-29-4; §12-29.1-5 |
Crimes involving domestic violence; crimes involving violence against an elderly person. |
South Dakota Codified Laws §25-10-40 |
Assault of a person involved in one of the following relationships: spouse or former spouse, significant romantic relationship, has or is expecting a child with the defendant, parent and child; violation of protection order. |
Utah Code Ann. §77-20-1(3)(a); §77-36-2.5(2 |
Violation of a jail release agreement; domestic violence. |
Washington Rev. Code §10.19.055 |
Class A and B felonies. |
*No statute located for states not listed
Source: National Conference of State Legislatures, 2015
Westlaw was used to conduct this research.
Court rule and case law provide further guidance regarding required pretrial release hearings. Court rule is not included in this chart unless a statute authorizes or is superseded by the rules and case law is not included.