Current through Register Vol. XLI, No. 50, December 13, 2024
Section 142-4-4 - Services To Victims Of Crime4.1. Duties of arresting law-enforcement agency. -- The arresting law-enforcement agency shall ensure the victims routinely receive emergency social and medical services as soon as possible. The arresting law-enforcement agency shall provide to victims information on the following: (a) The availability of crime victim compensation through the West Virginia Crime Reparation Act of 1981;(b) Community-based victim treatment programs;(c) The role of the victim in the criminal justice process; and(d) Stages in the criminal justice process of significance to the crime victim and the manner in which information about such stages can be obtained.4.2. Development of uniform victim information. -- It shall be the responsibility of the prosecuting attorney of each county to coordinate the development that uniform information material relating the services available to victims of crime in the county be distributed to victims. The various law-enforcement agencies of each county shall assist the prosecuting attorney in developing informational material describing the responsibilities and rights contained in Section 4.1 above.4.3. Notification of availability of protection. -- The prosecuting attorney or his assistant should ensure that victims and witnesses receive information on steps that law-enforcement officers and prosecuting attorneys can take to protect victims and witnesses from intimidation.4.4. Scheduling changes. -- All victims and witnesses who have been scheduled to attend criminal justice proceedings should be notified by the prosecuting attorneys' offices as soon as possible of any scheduling changes which will affect their appearances.4.5. Prompt notification to victims of major serious crimes. -- Victims, witnesses and one (1) member of the immediate family of those victims and witnesses should, if such persons provide the appropriate official with a current address and telephone number, receive prompt advance notification, if possible, of judicial proceedings relating to their case, from the prosecuting attorney's office, including: (a) The arrest of an accused;(b) The initial appearance of an accused before a judicial officer;(c) The release of the accused pending judicial proceedings; and(d) Proceedings in the prosecution of the accused, including the entry of a plea of guilty, trial, sentencing, and, where a term of imprisonment is imposed, the release of the accused from such imprisonment.4.6. Duty to obtain information. -- All law-enforcement officers and prosecuting attorneys, in the course of developing cases, shall accurately obtain all information available, at the time of their investigation of offenses, regarding victims, their losses or injuries, any reimbursements for losses or recovery of property and/or any treatment for injuries or funeral/cremation costs involved, which should be made available to the investigating probation officer, if a presentence report and/or Victim Impact statement is ordered by the court.4.7. Consultation with victim. -- The victim of a serious crime, or in the case of a minor child or a homicide, the family of the victim, shall be consulted by the prosecuting attorney in order to obtain the views of the victim or family about the disposition of any criminal case brought as a result of such crime, including the views of the victim or family about:(b) Release of the accused pending judicial proceedings;(c) Plea negotiations; and(d) Pretrial diversion program.4.8. Separate waiting area. -- Victims and other prosecution witnesses should, if practical, be provided prior to court appearance, a waiting area that is separate from all other witnesses.4.9. Property return. -- Law-enforcement agencies should promptly return victim's property held for evidentiary purposes unless there is a compelling law-enforcement reason for retaining it. 4.10. Notification to employer. -- A victim or witness who so requests should be assisted by law-enforcement agencies and prosecuting attorneys in informing employers that the need for victim and witness cooperation in the prosecution of the case may necessitate absence of that victim or witness from work. A victim or witness who, as a direct result of a crime or of cooperation with law-enforcement agencies or attorneys for the government, is subjected to serious financial strain, should be assisted by the appropriate state agencies in dealing with creditors.4.11. Notification of the right of victim to testify at sentencing hearing. -- The prosecuting attorney or assistant prosecutor shall in all felony cases notify the victim of their right under West Virginia Code section two, article eleven-a, chapter sixty-one to submit a statement to the sentencing court. Such notification shall:(b) Be within a reasonable time prior to the sentencing hearing;(c) State the date, time and place of the sentencing hearing; and(d) Notify the victim of their right to submit a written or oral statement to the sentencing court as provided in West Virginia Code section two, article eleven-a, chapter sixty-one.4.12. Duty of prosecuting attorney to consider preparation of a victim impact statement. -- In all cases where the court does not order a presentence investigation and report, the prosecuting attorney may nevertheless request that a victim impact statement be prepared. In making such a determination for a request, the prosecuting attorney should consider the fact that such a report may significantly assist victims in the determination of any compensation they may be eligible for under the West Virginia Crime Reparation Act of 1981.