During the 1995 session
of the General Assembly several important victim related bills
were passed. For example, Governor Zell Miller called for the
introduction and passage of House Bill 170, the "Crime
Victims' Bill of Rights," which mandated that the criminal
justice system provide the fundamental service of notification
of case status to victims throughout all phases of the justice
process. Under this law, which becomes effective July 1, 1995,
the Council is designated as the coordinating entity between
various law enforcement agencies. In addition, it is responsible
developing and disseminating written information upon which
law enforcement personnel may rely in carrying out their duties
specified in these newly created statutory provisions, O.C.G.A.
Sec. 17-17-6(b). In response to these requirements it is hoped
that the information contained in this document will accomplish
two primary purposes. First, it is designed to outline for law
enforcement their obligations to crime victims under this law.
Second, it serves to explain to a crime victim how their rights
are incorporated within the context of the criminal justice
system, thereby satisfying many law enforcement notification
responsibilities. However, before discussing any particular
rights now afforded to innocent crime victims, such victims
should note the following conditions the legislature has placed
upon them in order to exercise their rights.
1. The victimization
must be a result of at least one of the following types or categories
of offenses:
6. The victim is
required to provide the prosecuting attorney with a current
address and telephone number until final disposition or completion
of the appellate and post conviction process which occurs even
later. O.C.G.A. Sec. 17-17-14 (a) (2).
7. When directed
by the prosecuting attorney, the victim is required to provide
a sheriff, who has custody of the accused for purposes of pretrial,
trial, or post conviction proceeding, with a current address
and telephone number. O.C.G.A. Sec. 17-17-14 (a) (3).
8. When directed
by the prosecuting attorney, the victim is required to provide
the Georgia Department of Corrections with a current address
and telephone number when this agency has state custody of the
accused. O.C.G.A. Sec. 17-17-14 (a) (3).
9. When directed
by the prosecuting attorney, the victim is required to provide
any non state or county correctional facility with a current
address and telephone number when the defendant is sentenced
to serve time in the facility. O.C.G.A. Sec. 17-17-14 (a) (3).
10. The victim is
also required to provide the State Board of Pardons and Paroles
with a current address and telephone number. O.C.G.A. Sec. 17-17-14
(a) (4).
11. The victim has
the option to waive any of the information or notification or
other obligations specified under the "Crime Victims' Bill
of Rights," O.C.G.A. Sec. 17-17-15 (e).
It is the general consensus of many experts in the field of
criminal justice that the system consists of three primary components
which are comprised of law enforcement, courts, and corrections.
Asa case against an accused travels through these divisions
the "Crime Victims' Bill of Rights" places upon those
state and local agencies charged with administering justice
certain requirements in order to address recognized needs of
crime victims.
In general, after
a victimization, and upon initial contact with a victim all
law enforcement and court personnel must advise him or her:
1. that it is possible
that the accused may be released from custody prior to trail;
2. that he or she
has certain rights during various stages during the criminal
justice process;
3. that additional
information about these stages can be obtained by contacting
the pertinent state and/or local agency involved, or by contacting
the Criminal Justice Coordinating Council at (404) 559-4949/(404)
559-4177 TDD;
4. that he or she
may have available to them monetary compensation for certain
out-of-pocket losses incurred as a result of their victimization
from the State's Crime Victims Emergency Fund, which is administered
by the Criminal Justice Coordinating Council;
5. that he or she
may have available to them community based victim service programs
and that more information may be obtained by contacting the
Governor's Victim Assistance Helpline at (800) 338-6745; and
6. that he or she
must meet any applicable aforementioned obligations, e.g., providing
a current telephone number and address in order to be contacted.
O.C.G.A. Sec. 17-17-6.
If an arrest of an
accused is made, the arresting law enforcement agency must inform
the investigating agency of this fact. Upon receipt of this
information the investigating law enforcement agency must then
promptly notify the victim of such action. O.C.G.A. Sec. 17-17-7.
During the prosecution
phase of the case, the prosecuting attorney has many requirements
to keep a victim in formed. These include the following, provided
the crime victim has supplied all the appropriate information.
1. Upon initial contact
with a victim the prosecuting attorney must explain the procedural
steps in processing a criminal case; inform the victim of his
or her rights under the law; suggest certain procedures a victim
may utilize if he or she is being subjected to threats or intimidation;
and provide telephone numbers of contact persons at both the
prosecuting attorney's office and custodial authority. O.C.G.A.
Sec. 17-17-8 (a).
2. Notify the victim
prior to any proceeding in which the release of the accused
will be considered O.C.G.A. Sec. 17-17-7 (c).
3. Offer the victim
the opportunity to express his or her opinion on the release
of the accused pending a judicial proceeding. O.C.G.A. Sec.
17-17-7 (a).
4. Upon a court granting
pretrial release or bond and receipt of a written complaint
from the crime victim, the prosecuting attorney may move the
court to revoke such action. O.C.G.A. Sec. 17-17-7 (f).
5. The prosecuting
attorney shall ensure the victim will wait during judicial proceedings
in an area separate from the accused and his or her relatives,
close friends, and witnesses. If such an area is not practical
or unavailable, the prosecuting attorney shall upon request
by the victim request that the court minimize such contact.
O.C.G.A. Sec. 17-17-9.
6. The court, under
certain conditions, may order that the victim's current address,
telephone number, or place of employment be released to the
defendant by anyone, including defense counsel. O.C.G.A. Sec.
17-17-10.
7. The prosecuting
attorney must offer the victim the opportunity to express his
or her opinion regarding the disposition of an accused's case
if it is a product of a plea bargain or it involves the accused's
participation in a pretrial or post trial diversion program.
O.C.G.A. Sec. 17-17-11.
8. The prosecuting
attorney must direct the victim regarding which custodial authority
he or she must provide a current telephone number and address.
Once an accused is
arrested, he or she may be released before trial. If this is
not the case the defendant remains in a detention facility while
awaiting and during trial. Upon conviction, the offender may
be sentenced from a variety of alternatives which may require
that he or she be incarcerated Even if the offender is incarcerated,
he or she may be paroled before the time period for confinement
has lapsed. Throughout these stages a victim also has certain
rights that can be invoked. These include:
1. If the custodial
authority is a county or municipal jail it must provide prompt
notification by making a telephone call to the number supplied
by the victim informing him or her of the release of an accused.
O.C.G.A. Sec. 17-17-7 (e) (1).
2. If the custodial
authority is a state or county correctional facility, all current
state laws apply regarding notification. O.C.G.A. Sec. 17-17-7
(e) (2).
3. The State Board
of Pardons and Paroles must provide the victim with twenty (20)
days advance notification whenever it considers making a decision
to grant parole or any other clemency action of more than sixty
(60) days, and allow the victim to file a written objection
to such action. O.C.G.A. Sec. 17-17-13.
Once an accused is arrested, he or she may be released before
trail. If this is not the case the defendant remains in a detention
facility while awaiting and during trail. Upon conviction, the
offender may be sentenced from a variety of alternatives which
may require that he or she be incarcerated. Even if the offender
is incarcerated, he or she may be paroled before the time period
for confinement has lapsed. Throughout these stages a victim
also has certain rights that can be invoked. These include:
1. If the custodial
authority is a county or municipal jail it must provide prompt
notification by making a telephone call to the number supplied
by the victim informing him or her of the release of an accused.
O.C.G.A. Sec. 17-17-7 (e) (1).
2. If the custodial
authority is a state or county correctional facility, all current
state laws apply regarding notification. O.C.G.A. Sec. 17-17-7
(e) (2).
3. The State Board
of Pardons and Paroles must provide the victim with twenty (20)
days advance notification whenever it considers making a decision
to grant parole or any other clemency action of more than sixty
(60) days, and allow the victim to file a written objection
to such action. O.C.G.A. Sec. 17-17-13.
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