What is an impact statement, and how is it used?

As a crime victim, you have the opportunity to use this Victim Impact Statement to describe how this crime affected you and others close to you. This statement has space for you to write about the physical, emotional, and financial effects of this crime, as well as any other changes in your life you may have experienced. If the defendant pleads guilty or is found guilty after trial, your impact statement will help the judge understand how this crime has affected you and those close to you.

Filling out this statement is voluntary

You do not have to fill out a victim impact statement. However, it may be helpful to the judge when he or she decides what sentence the defendant should receive and/or any money the defendant may have to pay you for expenses you have paid or owe because of this crime. When the judge makes the defendant pay the victim it is called "restitution." If the judge orders the defendant to pay you restitution, there is no guarantee that the defendant will be able to pay the entire amount.

Your statement will become an official court document after it is given to the court, and will become part of the defendant's permanent file. The judge, prosecutor and probation officer will read your statement. In addition, prison and parole officials may read your statement if the defendant is sentenced to a prison term. The defendant and the defendant's attorney will also be able to read what you have written. They may even be able to ask you questions about your statement in court. However, the defendant will not be able to see your address and telephone number because you are not asked to put them on your statement.

No one knows better than you how this crime may have changed your life. Those of us involved in your case believe that it is very important for you to help the court understand all of the ways this crime has affected you and those near you. Thank you for taking the time to provide us with this information.

[Add in applicable jurisdictions: You also have the right to speak to the judge at the time of sentencing. If you would like to do so, please contact our office right away and we will help set this up for you.]

[Add in applicable jurisdictions: You also have the right to give your victim impact statement in the form of an audio or video tape. If you would like to do this, please contact our office right away for further information.]

[Add if applicable: The statement also asks what you believe the sentence should be in this case. Although the judge will decide the defendant's sentence, the judge may consider your opinion before making this decision. Your statement also may be used at other hearings where decisions are made about parole or releasing the defendant early.]

Suggestions for Completing Your Impact Statement

The following suggestions are offered only as a guide in filling out this form. Feel free to write in your own words how this crime has affected you and those close to you. Please answer as many questions as you wish. If a question makes you feel uncomfortable, you do not have to answer it.

If you need more space or you wish to provide information in a different way, please use as much paper as you need, and attach the pages to this form when you return it. If you feel uncomfortable in any way using this form, you may write a letter to the judge and tell him or her how this crime has affected you and those close to you.

The first part of the impact statement asks you three questions about:

* the emotional impact of this crime on you and those close to you;

* the physical effects of this crime; and

* the effect of the crime on your ability to work or do any of the things you normally do, such as going to school, running a household, or any other activities you normally perform or enjoy.

If you have paid or owe any money for bills because of this crime, please fill out the financial impact section of the statement. It is important to be as accurate and complete as possible when listing your costs because this information will be used by the prosecutor, probation officer and the judge to help them determine what restitution the defendant must pay to you, the victim. Some examples of expenses you may have paid or owe include medical bills or supplies; eyeglass or hearing aid replacement or repair; counseling costs; lost wages or support; funeral expenses; lost, stolen or damaged property which may include crime scene cleanup; and the repair or replacement of door locks and security devices. It is important to attach copies of any bills or other proof of any money you have spent or expect to spend in the future.

In addition to medical or counseling bills, you may want to include any time off from work that you were not paid for as a result of this crime. For example, if you took time off from work to go to the doctor or courthouse, and your employer did not pay you for this time, you may want to ask the judge to think about these expenses when he or she decides if the defendant will owe you any restitution.

Crime Victim Compensation

Did you know that you may be able to receive financial help from the Crime Victim Compensation Program? This program can pay victims back for certain types of out-of-pocket expenses for physical or emotional injuries received as a direct result of a crime. These expenses include medical bills, counseling costs, funeral bills, and lost wages and support. This is not the same as restitution. You may be able to receive money to help you with some of your medical bills even before you go to court.

You will have to meet certain conditions to receive Crime Victim Compensation benefits, but you can file for benefits immediately following the crime even if no arrest has been made.