Introduction

The criminal justice system is often required to provide general information of interest to victims. Most states also give victims or their families the right to be notified of important, scheduled criminal proceedings and the outcomes of those proceedings. They also notify victims when hearings have been canceled and rescheduled.

General Information Provided to Victims

The general information that criminal justice officials are often required to provide includes: notice of the availability of crime victim compensation; referrals to victim services, such as rape crisis centers, battered women’s shelters, and general victim service agencies; information about the steps involved in a criminal prosecution; and contact information for an individual within the criminal justice system.

In addition, victims may also have the right to be informed of various legal rights, including the rights to attend a proceeding and/or submit a victim impact statement, sue the offender for money damages in the civil justice system, have a court order to be protected from the offender and/or the offender’s family and associates, and collect witness fees for their testimony, among others.

Notice of Events and Proceedings in the Criminal Justice Process

There are dozens of events or proceedings in the ordinary criminal justice process for which statute may require notice. These often include—

  • Arrest of the accused,
  • Arraignment of the defendant,
  • Bail release and related proceedings,
  • Pretrial release and related proceedings,
  • Dismissal of charges,
  • Negotiated pleas and entry of plea bargain,
  • Trial dates and times,
  • Sentencing hearings,
  • Final sentence or disposition,
  • Conditions of probation or parole,
  • Post-trial relief proceedings,
  • Appeals process and related proceedings,
  • Parole release and related proceedings,
  • Pardon/commutation of sentence and related proceedings,
  • Cancelled and rescheduled proceedings,
  • Final release from confinement, including from a mental institution, and
  • Escape and subsequent recapture of the offender.

Some states have adopted the notice requirements listed above more widely than others. For example, nearly every state notifies victims of the trial date, time, and sentencing hearing. Fewer states notify victims of the offender’s release on bail. Following conviction, most states notify victims of the offender’s parole hearing or parole release, but only a few notify victims of an offender’s pardon or commutation of sentence.

In addition to the events and proceedings addressed most often in state victim notification laws, some states notify victims of the grand jury hearing, probation or parole revocation proceedings, the transfer of a convicted offender to an out-of-state prison facility, and the death of the offender.

Victim Notification Systems

Many laws that provide for victim notification also address the form of that notification. For example, laws regarding notification of bail release require immediate notice to the victim by telephone in some jurisdictions. In others, notification may be limited to providing crime victims a telephone number to learn whether an arrested defendant was released.

Several jurisdictions implemented automated victim notification systems to comply with their victim notification laws. Victims can call a toll free number 24 hours a day to inquire about an offender’s status or register to be notified immediately of an offender’s release, escape, transfer, or court appearance. Once notification is triggered, the system will attempt to contact the victim at the number(s) provided and continue to do so for a designated period of time or until the victim answers the call.