77-38-3 - Notification to victims -- Initial notice, election to receive subsequent notices -- Form of notice -- Protected victim information.
77-38-3. Notification to victims -- Initial notice, election to receive subsequentnotices -- Form of notice -- Protected victim information.
(1) Within seven days of the filing of felony criminal charges against a defendant, theprosecuting agency shall provide an initial notice to reasonably identifiable and locatable victimsof the crime contained in the charges, except as otherwise provided in this chapter.
(2) The initial notice to the victim of a crime shall provide information about electing toreceive notice of subsequent important criminal justice hearings listed in Subsections77-38-2(5)(a) through (f) and rights under this chapter.
(3) The prosecuting agency shall provide notice to a victim of a crime for the importantcriminal justice hearings, provided in Subsections 77-38-2(5)(a) through (f) which the victim hasrequested.
(4) (a) The responsible prosecuting agency may provide initial and subsequent notices inany reasonable manner, including telephonically, electronically, orally, or by means of a letter orform prepared for this purpose.
(b) In the event of an unforeseen important criminal justice hearing, listed in Subsections77-38-2(5)(a) through (f) for which a victim has requested notice, a good faith attempt to contactthe victim by telephone shall be considered sufficient notice, provided that the prosecutingagency subsequently notifies the victim of the result of the proceeding.
(5) (a) The court shall take reasonable measures to ensure that its scheduling practices forthe proceedings provided in Subsections 77-38-2(5)(a) through (f) permit an opportunity forvictims of crimes to be notified.
(b) The court shall also consider whether any notification system it might use to providenotice of judicial proceedings to defendants could be used to provide notice of those sameproceedings to victims of crimes.
(6) A defendant or, if it is the moving party, Adult Probation and Parole, shall give noticeto the responsible prosecuting agency of any motion for modification of any determination madeat any of the important criminal justice hearings provided in Subsections 77-38-2(5)(a) through(f) in advance of any requested court hearing or action so that the prosecuting agency maycomply with its notification obligation.
(7) (a) Notice to a victim of a crime shall be provided by the Board of Pardons andParole for the important criminal justice hearing provided in Subsection 77-38-2(5)(g).
(b) The board may provide notice in any reasonable manner, including telephonically,electronically, orally, or by means of a letter or form prepared for this purpose.
(8) Prosecuting agencies and the Board of Pardons and Parole are required to give noticeto a victim of a crime for the proceedings provided in Subsections 77-38-2(5)(a) through (f) onlywhere the victim has responded to the initial notice, requested notice of subsequent proceedings,and provided a current address and telephone number if applicable.
(9) (a) Law enforcement and criminal justice agencies shall refer any requests for noticeor information about crime victim rights from victims to the responsible prosecuting agency.
(b) In a case in which the Board of Pardons and Parole is involved, the responsibleprosecuting agency shall forward any request for notice it has received from a victim to the Boardof Pardons and Parole.
(10) In all cases where the number of victims exceeds 10, the responsible prosecutingagency may send any notices required under this chapter in its discretion to a representativesample of the victims.
(11) (a) A victim's address, telephone number, and victim impact statement maintainedby a peace officer, prosecuting agency, Youth Parole Authority, Division of Juvenile JusticeServices, Department of Corrections, and Board of Pardons and Parole, for purposes of providingnotice under this section, is classified as protected as provided in Subsection 63G-2-305(10).
(b) The victim's address, telephone number, and victim impact statement is availableonly to the following persons or entities in the performance of their duties:
(i) a law enforcement agency, including the prosecuting agency;
(ii) a victims' right committee as provided in Section 77-37-5;
(iii) a governmentally sponsored victim or witness program;
(iv) the Department of Corrections;
(v) Office of Crime Victim Reparations;
(vi) Commission on Criminal and Juvenile Justice; and
(vii) the Board of Pardons and Parole.
(12) The notice provisions as provided in this section do not apply to misdemeanors asprovided in Section 77-38-5 and to important juvenile justice hearings as provided in Section77-38-2.
Amended by Chapter 339, 2008 General Session
Amended by Chapter 382, 2008 General Session