Victims’ Pretrial Release Rights and Protections
Laws in every state provide rights and services for victims. Most states have laws that specifically address victims' 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 participate in criminal proceedings or stay removed actively.
Forty-seven 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 must be notified of the release conditions. Thirty-two states require that the victim be notified of the pretrial release hearing. The Virgin Islands (34 V.I.C. § 203a, 2022) similarly requires notice to the victim of pretrial release.
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 24 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.