12.1-34-02. Fair treatment standards for victims and witnesses
Victims and witnesses of crime must be afforded the following rights where applicable:
1. Informed by those entities that have contact with the victim or witness as to the
availability of and the methods available for registration with the statewide automated
victim information and notification system. Those entities include law enforcement,
prosecuting attorneys, the courts, and custodial authorities. A victim or witness who
clearly objects to registration may not be required to register with the system or must
be able to opt out of the system. A victim has the right to:
a. Prevent the disclosure of confidential or privileged information about the victim or
the victim's family; and
b. Be notified of any request for identifying information or confidential or privileged
information about the victim or victim's family.
2. Informed as to status of investigation. Victims and witnesses, upon request, must be
informed by law enforcement authorities investigating a criminal case of the status of
the investigation, except where the prosecuting attorney or law enforcement authority
determines that to disclose such information would unreasonably interfere with the
investigation, until such time as the alleged offender is apprehended or the
investigation is closed. A victim, upon request, must be allowed to confer with the
prosecuting attorney.
3. Informed as to criminal charges filed. Victims must be promptly informed by the
prosecuting attorney of any criminal charges, arising from an incident in which the
person was a victim, filed against any person arrested. The prosecuting attorney shall
also provide a brief statement in nontechnical language of the procedural steps
involved in the processing of a criminal case. Victims must also be informed by the
prosecuting attorney of the pretrial status of each person arrested, including bail and
any pretrial release conditions.
4. Notice of pretrial release.
a. Registered victims must be given prompt notice of any hearing in which the
arrested person's pretrial release status will be determined. If the alleged offender
is scheduled to be released prior to an appearance in court, prompt notice must
be given to the registered victim and witness.
b. Victims who are not registered must be given prompt notice, by the law
enforcement agency that has made an arrest in any case involving a crime of
violence, of any hearing in which the arrested person's pretrial release status will
be determined. If the alleged offender in a crime of violence is scheduled to be
released before an appearance in court, the custodial authority shall give prompt
notice to the victim and witness or, if unavailable, to the arresting law
enforcement agency, which shall provide the notice to the victim or witness. The
law enforcement agency or custodial authority may fulfill its obligation to notify by
registering the victim with the system.
c. Victims and witnesses must be informed by the prosecuting attorney of the
methods for enforcing any pretrial release conditions including information as to
the level of protection available from law enforcement in the case of harm,
threats, or intimidation made to the victim or witness.
5. Notice as to victims' and witnesses' participation in court proceedings. Victims must be
informed by the prosecuting attorney of all court proceedings in a reasonable time
prior to the proceedings. Witnesses must be informed by the prosecuting attorney of
all court proceedings at which their presence is required in a reasonable time prior to
the proceedings and informed in nontechnical language of the procedural steps
involved in the processing of a criminal case. Victims and witnesses must be notified
by the prosecuting attorney of the cancellation of any scheduled court proceeding in
sufficient time to prevent an unnecessary appearance in court. All victims and
witnesses shall provide the prosecuting attorney with current information as to address
and telephone number, such information to be kept confidential subject to other
provisions of this chapter. The notice given by the prosecuting attorney to the victims
and witnesses must be given by any means reasonably calculated to give prompt
notice.
6. Services available. Victims and witnesses must be informed by the prosecuting
attorney and arresting law enforcement agency of all appropriate and available public
or private programs that provide counseling, treatment, or support for victims and
witnesses, including rape crisis centers, victim and witness assistance programs,
elderly victim services, victim assistance hotlines, social service agencies, and
domestic violence programs. Victims and witnesses must be informed of the right to
seek the advice of an attorney. The prosecuting attorney and law enforcement
authority shall advise victims eligible for services of the relevant provisions of chapter
54-23.4.
7. Employer intercession. Victims and witnesses upon request must be provided by the
prosecuting attorney with appropriate employer intercession services to ensure that
employers of victims and witnesses will cooperate with the criminal justice process in
order to minimize an employee's loss of pay and other benefits resulting from court
appearances.
8. Witness fee. Witnesses must be informed by the prosecuting attorney or the court of
the procedures to be followed in order to apply for and receive any witness fee to
which they are entitled under law.
9. Return of property. Victims shall have any personal property that was stolen or taken
for evidentiary purposes, except contraband, property subject to evidentiary analysis,
and property the ownership of which is disputed, returned by the court, prosecuting
attorney, or law enforcement agency within ten days after its taking or recovery if it is
not needed for law enforcement, prosecution, or defense purposes or as expeditiously
as possible when the property is no longer needed for law enforcement, prosecution,
or defense purposes. If there is a defendant, the prosecuting attorney shall notify the
defendant of the intent to return the property to the owner. Upon a motion made by the
defendant and upon good cause shown that the property contains exculpatory
evidence of the defendant's innocence, the court may order the law enforcement
personnel in possession of the property not to release it to the owner.
10. Waiting area. Victims and witnesses must be provided by prosecuting attorneys and
defense attorneys as assisted by the court with a waiting area separate from the
defendant, defendant's relatives and friends, and defense witnesses if such an area is
available and the use of the area is practical. If a separate waiting area is not available
or practical, the court shall provide other safeguards to minimize the victims' and
witnesses' contact with the defendant, defendant's relatives and friends, and defense
witnesses during court proceedings.
11. Protection of identifying information. Victims and witnesses may not be compelled to
testify at any pretrial proceeding or at trial for purposes of identifying the victims' or
witnesses' address, telephone number, place of employment, or other personal
identification except for name without the victims' or witnesses' consent, unless there
is a showing of good cause as determined by the court. Records of a criminal justice
agency as defined by section 44-04-18.7, a correctional facility as defined in section
12-44.1-01, and the department of corrections and rehabilitation containing the
address, telephone number, place of employment, or other information that could be
used to locate the victim or witness to a crime, are exempt.
12. Right to be present throughout trial. The victim must be informed by the prosecuting
attorney of the victim's right to be present throughout the trial of the defendant, except
as provided by rule 615 of the North Dakota Rules of Evidence.
13. Prompt disposition of case. Victims and witnesses must be informed by the
prosecuting attorney of their rights to a prompt disposition of the cases in which they
are involved as victims or witnesses as defined by the docket currency standards of
the North Dakota supreme court.
14. Notice as to scheduling of hearing. Registered victims must be informed of the date,
time, and place of hearing at which a plea of guilty or not guilty will be entered and of a
sentencing hearing. Victims who are not registered must be given the same
information by the prosecuting attorney. The prosecuting attorney shall explain to and
consult with the victim in nontechnical language details of any potential plea
agreement or verdict.
15. Victim impact statement. The victim must be informed by the prosecuting attorney,
prior to sentencing, of the victim's right to submit or make a written impact statement to
the court in any criminal case. If a presentence investigation is ordered, the probation
officer assigned the report shall include this information in the report. This statement
may include an explanation by the victim of the nature and extent of any physical,
psychological, or emotional harm or trauma suffered by the victim; an explanation of
the extent of any economic loss or property damage suffered by the victim; an opinion
of the need for and extent of restitution; and the victim's recommendation for an
appropriate sentence. The prosecuting attorney shall advise all victims that the
presentence report is subject to review by the defendant and that the report will
include the victim's statement. If the sentencing court does not order a presentence
investigation, the victim may submit a written impact statement, under oath, to the
office of the state's attorney which statement must be submitted to the sentencing
court. The victim of violent crime may appear in court to make an oral crime impact
statement at the sentencing of the defendant in appropriate circumstances at the
discretion of the judge. This oral statement must be made under oath and is subject to
cross-examination.
16. Notice of final disposition and parole procedures. Registered victims and witnesses
must be informed of the final disposition of any criminal case. Victims who are not
registered must be given the same notice by the prosecuting attorney. The prosecuting
attorney shall explain to the victim the parole process and pardon process and further
advise the victim of the necessity of advising the custodial authority and the parole
board and the pardon clerk of the victim's address in order for the victim to receive
further information under other provisions of this chapter.
17. Prompt notice of custodial release. Registered victims and witnesses must be
informed whenever a criminal defendant receives a temporary, provisional, or final
release from custody or whenever the defendant escapes from custody. Victims who
are not registered must be given the same notice by the appropriate custodial
authority. Notification must include the transfer of the defendant to a work-release or
education release program, a community residential program, or transfer to a mental
health facility. All notices to the registered victim and witnesses concerning this release
information must be within a reasonable time prior to the defendant's release or
transfer. The notice given by the custodial authority must be given by any means
reasonably calculated to give prompt notice.
18. Participation in parole board and pardon decision. Victims may submit a written
statement for consideration by the parole board, the governor, or the pardon advisory
board, if one has been appointed, prior to the parole board, the governor, or the
pardon advisory board taking any action on a defendant's request for parole or pardon.
A victim statement made under this subsection is a confidential record and may be
disclosed only to the parole board, the governor, the pardon advisory board, or their
authorized representative. Victims of violent crimes may at the discretion of the parole
board, the governor, or the pardon advisory board personally appear and address the
parole board, the governor, or the pardon advisory board. Victim testimony and written
statements under this subsection are confidential and may be disclosed only to the
parole board, the governor, the pardon advisory board, or their authorized
representative. Notice must be given by the parole board, pardon clerk, or authorized
representative informing the registered victim of the pending review. The registered
victim must be provided notice of the decision of the parole board or of the governor
and the recommendations of the pardon advisory board, if any, and, if applicable,
notice of the date of the prisoner's release on parole or the prisoner's pardon,
conditional pardon, reprieve, commutation, or remission of fine. Notice must be given
within a reasonable time after the parole board or the governor makes a decision but
in any event before the parolee's or pardoned prisoner's release from custody.
19. Victims and witnesses of crimes committed by juveniles are entitled to the same rights
under this chapter in juvenile delinquency proceedings as in any other proceeding. In
addition, every victim or a witness who is a minor is entitled to have that person's
spouse, parent, guardian, and no more than two other designated adults present with
that person during any juvenile delinquency proceedings.
20. Access to law enforcement report. Upon request of the child sexual abuse victim over
the age of eighteen, the prosecuting attorney or law enforcement authority shall
provide the victim with a copy of the law enforcement report corresponding with the
victim's case number.
21. Preservation of evidence. A prosecuting attorney, law enforcement authority, criminal
laboratory, or evidentiary storage facility may not destroy or dispose of any evidence to
a criminal offense before the limitation period for prosecution for the offense has ended
or the offense has been adjudicated.
22. If the victim is deceased, incompetent, incapacitated, or a minor, the victim's spouse,
parent, grandparent, child, sibling, grandchild, or guardian, and any person with a
relationship to the victim which is substantially similar to a listed relationship, may
exercise the rights granted to a victim under this chapter.
