Victims’ Rights

Victims Right Law & Order Code

X. – CRIME VICTIMS’ RIGHTS.

Rule 99. – Definitions.

(a) Victim. As used in this section, a “victim” is a person against whom a criminal offense as defined by the Fort McDowell Yavapai Nation Law and Order Code has allegedly been committed, or the spouse, parent, lawful representative, or child of someone killed or incapacitated by the alleged criminal offense, except where the spouse, parent, lawful representative or child is also the accused. With regards to the rights to be notified and to be heard pursuant to this section, a person ceases to be a victim upon the acquittal of the defendant or upon the dismissal of the charges against the defendant as a final disposition. If a victim is in custody for an offense, the victim’s right to be heard pursuant to this section is satisfied through affording the victim the opportunity to submit a written statement, where legally permissible and in the discretion of the Court. A victim not in custody may exercise his or her legal right to be heard pursuant to this section by appearing personally or, where legally permissible and in the discretion of the Court, by submitting a written statement, an audiotape or videotape. The victims’ rights of any corporation, partnership, association, or other similar legal entity shall be limited as provided by statute.

(b) Criminal Offense. As used in this section, a “criminal offense” is defined as conduct that give a peace officer or Nation probable cause to believe that an adult or juvenile, pursuant to Chapter 11 has violated any one of the ordinances in Chapter 6 and/or the criminal traffic offenses outlined in Chapter 16 of the Fort McDowell Law and Order Code.

(c) Criminal Proceedings. As used in this section, a “criminal proceeding” is defined as a trial, hearing (including hearing before trial), oral argument, or other matter scheduled and held before a trial Court at which the defendant has the right to be present, or any post-conviction proceeding.

(d) Custodial Agency. As used in this section, a “custodial agency” is defined as a law enforcement officer, or other detention facility having custody of a person who is arrested or is in custody for a criminal offense.

(Law & Order Code 2006, § 5-2; Ft. McD. Res. No. 2000-144, eff. 12-13-2000; Res. No. 200734, ex.(Rule 99), 5-22-2007/8-1-2007)

Rule 100. – Victims’ rights.

These provisions shall be construed to preserve and protect a victim’s rights to justice and due process. This section does not limit any rights guaranteed in chapter 11. Of the Fort McDowell Law and Order Code. A victim shall have and be entitled to assert each of the following rights:

(a) Notice, Case Status and Opportunity to be Heard. Victims have the right to be notified of the status of any criminal proceedings and the right to be heard at such proceedings. The crime victim advocate must inform the victim of rights available.

(b) Notice of Arraignment. The victim has the right to be notified of the date, time and place of the defendant’s Arraignment Hearing.

(c) Notice of Terms and Conditions of Release. Upon request, the custodial agency or the Nation shall give the victim notice of the terms and conditions of release of the accused.

(d) Pretrial Notice. The Victim’s Advocate or Nation shall give the victim notice of his or her victims’ rights, the charge(s), the procedural steps, what the victim must do and a contact person. If the Nation decides to drop the case, the Nation must notify the victim and inform him or her of the reasons behind the decision not to pursue charges. The victim can request to confer with the Nation prior to the dismissal of any charge(s).

(e) Notice of Criminal Proceedings. The Victim’s Advocate or Nation shall pass on notice of proceedings as received from the Court.

(f) Notice of Conviction, Acquittal or Dismissal and Impact Statement. Within fifteen (15) days of the conviction, acquittal or dismissal, the Victim’s Advocate or Nation shall notify the victim. If the defendant is convicted, the Nation shall notify the victim of the right to submit an impact statement and what it should contain.

(g) Notice of Post Conviction Review and Appellate Proceedings. Within fifteen (15) days of sentencing, the Victim’s Advocate or Nation shall notify the victim of the sentence and give them a form to request release information. Any change in the sentence due to post-conviction proceedings or appellate review must be passed on to the victim.

(h) Notice of Release on Bond or Escape. The custodial agency shall, on request, notify the victim of release or escape and recapture of the defendant.

(i)  Notice of Prisoner Status. The custodial agency shall, on request, notify the victim of the prisoner’s scheduled release date.

(j) Notice of Post Conviction Release. The victim has, on request, a right to be notified of any post conviction release.

(k) Notice of Probation Modification. The victim has, on request, a right to be notified of any probation revocation hearing.

(l)  Notice of Release, Discharge or Escape from Mental Health Treatment Agency. Upon notice of such release, discharge, or escape, the tribal agency or victim advocate must, on request, give the victim ten (10) days advance notice of the release or immediate notice of the escape of a patient.

(m) Victim’s Property. The victim’s property that is being used as evidence shall be returned as soon as possible after final disposition of the criminal proceeding.

(n) Privileged Information.

1.    A victim advocate shall not disclose as a witness or otherwise any communication except compensation or restitution information between herself and the victim unless the victim consents in writing to the disclosure.

2.    Unless the victim consents in writing to the disclosure, a victim advocate shall not disclose records, notes, documents, correspondence, reports or memoranda, except compensation or restitution information, that contain opinions, theories or other information made while advising, counseling or assisting the victim or that are based on the communication between the victim and the advocate.

(o) Victim Protections. The Court shall provide appropriate safeguards to minimize contact between the victim and the accused. The protection extends to witnesses and family and covers the defendant’s family and witnesses as well. The victim can petition to revoke the bond of the accused if he or she is harassing the victim or the victim’s immediate family. The victim has the right to refuse an interview with the defendant or his or her attorney or to set limits on the interview. After charges are filed, defense initiated requests to interview the victim shall be communicated through the Nation. At any interview or deposition to be conducted by defense counsel, the victim has the right to specify a reasonable date, time, duration and location of the interview or deposition, including a requirement that the interview or deposition be held at the victim’s home, at the Nation’s Prosecutor’s Office or in an appropriate location in the Courthouse. The victim does not have to divulge his or her address, phone number, employment or other locating information in Court.

(Law & Order Code 2006, § 5-2; Ft. McD. Res. No. 2000-144, eff. 12-13-2000; Res. No. 200734, ex.(Rule 100), 5-22-2007/8-1-2007)