Section 16-3-1515 provides that a victim:

• must provide the law enforcement agency and other appropriate agencies with his legal name, current mailing address, and current telephone number;
• who wishes to receive restitution, must provide, within an appropriate time limit set by the prosecuting agency or summary court judge, an itemized list which includes: value of property stolen, damaged or destroyed; property recovered; medical expenses or counseling expenses, or both; income loss as a result of the offense; out-of-pocket expenses incurred as a result of the offense; other financial losses that may have been incurred; itemization of financial recovery from insurance, victim’s compensation fund, or other sources which may be included in a written victim impact statement;
• who wishes to be present for any plea, trial, or sentencing, must notify the prosecuting agency of his desire to be present which may be included in a written victim impact statement;
• who wishes to submit a written victim impact statement must provide them to the prosecuting agency or summary court judge within appropriate time limits set forth by the prosecuting agency or summary court judge; and,
• who wishes to make oral victim impact statements to the court at sentencing, must notify the prosecuting agency or summary court judge of this desire in advance of sentencing.

Section 16-3-1520 Prior to an arrest law enforcement:

• must upon report of a crime to law enforcement, provide a free copy of the incident report to the victim and a document that:

1. states constitutional victims’ rights,
2. outlines responsibilities of victims;
3. lists local victim assistance and social service providers;
4. provides information on eligibility and application for victims compensation benefits;
5. provides information on rights, services, and procedures if a victim or witness is harassed or threatened.

• must assist victims, upon request, in applying for compensation and other financial, social service, and counseling assistance;
• upon request, a law enforcement victim advocate, may intervene on behalf of victims with creditors, employers, etc.; and,
• upon request, must make a reasonable attempt to inform victim of status and progress of case and investigation through disposition in summary court; referral to the Department of Juvenile Justice or through final transmittal of general sessions warrant to the prosecutor.

Section 16-3-1525 following an arrest law enforcement:

• upon arrest or pick-up, must notify the victim of the arrest, detention and bond hearing, or other pretrial hearings;
• must make a reasonable attempt to notify each victim before releasing a juvenile to his parent or guardian;
• must provide the name, mailing address and telephone number of each victim to the jail, prison, or detention of holding facility;
• must provide the name, mailing address and telephone number of each victim to the Department of Juvenile Justice with the juvenile offender;
• must provide, in writing, the name, mailing address and telephone number of each victim to the prosecuting agency for any offense triable in circuit court;
• must provide, in writing, the name, mailing address and telephone number of each victim to the court for any offense triable in summary court; and,
• must protect victims and witnesses by any measures necessary, including transportation to and from court and protection at court.

Section 16-3-1545 directs that law enforcement must:

• return to victim any personal property recovered or taken as evidence; substituting photographs for evidence when possible.

Section 16-3-1525 (H) directs that jail, prison, or detention or holding facility:

• upon arrest or pick-up, must make a reasonable attempt to notify the victim of the arrest, detention and bond hearing, or other pretrial hearings and of their right to attend and make recommendations.

Section 16-3-1530 directs the jail, prison, or detention or holding facility having custody of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims must:

• upon request, make a reasonable attempt to notify each victim of that victim’s offender’s release of custody;
• directs department or agency having custody or custodial supervision must, upon request, inform each victim of the offender’s escape from custody;
• directs department or agency having custody or custodial supervision must, upon request, make a reasonable attempt to notify each victim when an offender is transferred to a less secured facility; and,
• directs department or agency having custody or custodial supervision of a person convicted or adjudicated guilty of committing an offense involving one or more victims must, upon request, make a reasonable attempt to notify each victim and witness of the offender’s escape from custody.

Section 16-3-1540 directs the Department of Juvenile Justice to:

• upon referral of a juvenile accused of committing an offense involving victims, must make a reasonable effort to confer with each victim before placing the juvenile in a diversion program; issuing a recommendation for diversion; referring the juvenile to the prosecuting agency; issuing a recommendation for evaluation at the agency’s reception and evaluation center or taking any other action; and,
• make a reasonable effort to keep each victim reasonably informed of the status and progress of a case from the time it is referred by law enforcement until referred to prosecuting agency.

Section 16-3-1560(A)( C) directs that the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, the Department of Juvenile Justice, as appropriate, must:

• reasonably attempt to notify each victim of post-conviction proceedings affecting the probation, parole, or release of the offender;
• reasonably attempt to notify each victim of his right to attend and comment at proceedings;
• make notification, in advance, so as to allow the victim to exercise his rights pertaining to post-conviction proceedings; and,
• provide personal victim information, in a reasonable time frame, to the Attorney General when requested.

Section 16-3-1515 directs that the prosecuting agency:

• may require documentation of all claims and may set appropriate time limits for submission of Victim Impact Statements by victims.

Section 16-3-1525 directs that the prosecuting agency:

• must make a reasonable attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge;
• must make a reasonable attempt to notify each victim of each case for which the juvenile is appearing before the court of his right to attend the detention hearing and make recommendations to the presiding judge.

Section 16-3-1545 directs that the prosecuting agency:

• must make a reasonable attempt to notify each victim of his right to submit an oral or written victim impact statement, or both, for consideration by the circuit or family court judge at the disposition proceeding;
• must inform a victim that a written victim impact statement may be submitted at any post-adjudication proceeding;
• must provide to each victim who wishes to make a written victim impact statement a form that solicits pertinent information regarding the offense that may include:

1. victim’s personal information and supplementary contact information;
2. an itemization of the victim’s economic loss and recovery from any insurance policy or other source;
3. details of physical or psychological injuries, or both, including their seriousness and permanence;
4. identification of psychological services requested or obtained by the victim;
5. a description of any changes in the victim’s personal welfare or family relationships; and,
6. any other information the victim believes to be important and pertinent;

• must offer the victim assistance in preparing a comprehensive victim impact statement, and assistance in reviewing and updating the statement as appropriate before the case is disposed;
• must inform victims and witnesses of the applicable procedures and practices of the criminal or juvenile justice system, or both;
• must inform each victim of his right to legal counsel and of any available civil remedies;
• must return to a victim personal property recovered or taken as evidence as expeditiously as possible, substituting photographs of the property and itemized lists of the property including serial numbers and unique identifying characteristics to use as evidence when possible;
• must inform victims and prosecution witnesses of financial assistance, compensation and fees; and offer to the victims and witnesses assistance with application for these items:
• upon request, must make a reasonable attempt to keep each victim informed of the status and progress of a case, with the exception of preliminary hearings;
• must discuss a case with the victim and confer with each victim about the disposition of the case including, but not limited to, diversions and plea negotiations;
• must reasonably attempt to notify each victim of each hearing, trial, or other proceeding;
• must reasonably attempt to notify victims and witnesses of canceled and rescheduled proceedings in a timely manner;
• may intercede with, and seek special consideration from, employers to prevent loss of pay or benefits, or both, resulting from their participation; and with victim’s creditors, landlord, school, and other parties;
• must refer the incident, if a victim or witness is threatened, to the appropriate law enforcement agency;
• must take reasonable and appropriate steps to minimize inconvenience to victims and witnesses;
• must familiarize victims and witnesses with courtroom procedure and protocol; and,
• must refer victims to counselors, social service agencies, and victim assistance providers as appropriate.
• Section 16-3-1550 directs that the prosecuting agency:
• must make reasonable efforts to provide victims and prosecution witnesses waiting areas separate from those used by the defendant and defense witnesses for proceedings in the circuit or family court;
• must notify the court when a victim or witness deserves special consideration;
• must make available to the defense any written victim impact statement prior to sentencing but must not provide it to the defense until the defendant has been found guilty by a judge or jury.

Section 16-3-1555 directs that the prosecuting agency:

• must forward, as appropriate and within reasonable time, a copy of each victim’s impact statement, or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice;
• must file, with an indictment, a copy of a written victim impact statement with the victim’s personal information deleted;
• must inform the victim and the prosecution witnesses of their responsibility to provide the prosecuting agency, the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, the Department of Juvenile Justice, or the Attorney General, their legal names, current addresses, and telephone numbers; and,
• must inform the victim about the collection of restitution, fees, and expenses, the recovery of property used as evidence and how to contact the Department of Corrections, the Department of Probation, Parole and Pardon Services, the Board of Juvenile Parole, the Department of Juvenile Justice or the Attorney General.

Section 16-3-1525(H) directs that in cases that a defendant has bond set by a summary court judge:

• the facility having custody of the defendant must make a reasonable attempt to contact the victim of his right to be present at the bond hearing and make recommendations to the presiding judge;
• the summary court judge, prior to proceeding must ask the representative of the facility to verify that a reasonable attempt was made to notify the victim in advance to attend the proceeding. If notice was not given in timely manner, hearing must be delayed for a reasonable time to allow notice; and,
• the summary court judge must impose bond conditions sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on defendant’s behalf.

Section 16-3-1525(I) directs that in cases that a defendant has bond set by a circuit court judge:

• the prosecuting agency must make a reasonable attempt to notify the victim of his right to be present at the bond hearing and make recommendations to the presiding judge.
• the circuit court judge, prior to proceeding must ask the representative of the prosecuting agency to verify that a reasonable attempt was made to notify the victim in advance to attend the proceeding. If notice was not given in timely manner, hearing must be delayed for a reasonable time to allow notice.
• the circuit court judge must impose bond conditions sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on defendant’s behalf.

Section 16-3-1525(J) directs that in cases in which a juvenile has a detention hearing before a family court judge:

• the prosecuting agency must make a reasonable attempt to notify the victim of his right to be present at the detention hearing and make recommendations to the presiding judge.
• the family court judge, prior to proceeding must ask the representative of the prosecuting agency to verify that a reasonable attempt was made to notify the victim in advance to attend the proceeding. If notice was not given in timely manner, hearing must be delayed for a reasonable time to allow notice.
• must impose conditions of release sufficient to protect a victim from harassment or intimidation by the juvenile or persons acting on the juvenile’s behalf, if the family court judge does not rule that a juvenile must be detained.

Section 16-3-1525(K) directs that a summary court judge:

• must attempt to reasonably notify the victim(s) in the case when scheduling a preliminary hearing involving a victim and of their right to attend.

Section 16-3-1535 (A)(B) directs that upon referral of case to summary court for disposition, the summary court:

• must make a reasonable attempt to notify each victim of his right to:

1. be present and participate in all hearings;
2. be represented by counsel;
3. pursue civil remedies; and,

• must provide each victim a victim impact statement (sample forms and other information are being developed by Court Administration).

Section 16-3-1535 (C)(D) directs that upon referral of a case to summary court for disposition, the summary court judge:

• must inform victims of the applicable practices and procedures of the court;
• must make reasonable attempt to notify, in advance, of all hearings;
• must return personal property in a timely manner substituting photographs where possible; and,
• must recognize and protect rights of victims and witnesses as diligently as those of the defendant.

Section 16-3-1550(A) directs that employers of victims and witnesses must not retaliate against or suspend or reduce the wages and benefits of a victim or witness who lawfully responds to a subpoena. A willful violation of this provision constitutes contempt of court.

Section 16-3-1550(B) directs that a person must not be sequestered from a proceeding adjudicating an offense of which he was a victim.

Section 16-3-1550(D) directs that the circuit or family court judge:

• must recognize and protect the rights of victims and witnesses;
• must verify advance notification of victim’s right to be present at hearings or proceedings (if notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice);
• must provide sensitive treatment to witnesses who are very young, elderly, handicapped or who have special needs by using closed or taped sessions when appropriate (the prosecuting agency or defense attorney must notify the court when a victim or witness deserves special consideration);
• must hear or review victim impact statements prior to sentencing;
• must allow the defense time prior to sentencing to review and respond to the victim impact statement, after the defendant is found guilty by a judge or jury; and,
• must address restitution as provided by law (the victim impact statement and its contents are not admissible as evidence in any trial).

Section 16-3-1555 directs upon disposition in circuit or family court, the court:

• must order, in a timely manner, reasonable expert witness fees and reimbursement to victims of reasonable out-of-pocket expenses associated with lawfully serving a subpoena.

Section 16-3-1560(B) directs the Attorney General:

• upon receiving notice of appeal or other post-conviction action by an offender of or adjudicated guilty of committing an offense involving one or more victims must request the victim’s personal information from the appropriate agency;
• confer with the victims regarding the appeal and other post-conviction proceedings;
• must keep the victim reasonably informed of the status and progress of the appeal or other post conviction proceedings until resolution;
• must make a reasonable attempt to notify each victim of all post conviction proceedings and of their right to attend; and,

must make notification to victims in advance so as to allow the victim to exercise their rights pertaining to the post conviction proceeding.