In the procedures related to the consideration of diversion programs, the crime victim for whom the parolee or inmate wasconvicted is guaranteed the following rights:
(a) To be notified when the inmate is being evaluated to beconsidered for one or more diversion programs.
(b) To be treated with dignity, compassion and respect by all the members of the established Committee and the employees of the programs and services. To appear and be heard, verbally or in writing, at his/her discretion, to present his/her opinion before the established Committee on:
(1) The rehabilitation process and the determination that shall be taken in due time with regard to the benefit of the privilege, and/or
(2) the financial, emotional or physical impact that the commission of the crime had on the crime victim and his/her family.
(c) To attend the hearing as an observer.
(d) Through a request to such effects, to testify in the hearing in the absence of the parolee or inmate.
(e) To have access to all the information contained in the any file or documentation on the parolee or inmate, as well as any record related to his/her physical or mental health when the request for information is directly related to the administration of justice in criminal cases, when pertinent, and pursuant to the applicable laws and regulations, and except for such information offered in confidence by unrelated third parties and that may reveal their identity. Having accessincludes providing certified copies to the victim of all the requested documentation, pursuant to the rules established by the agency regarding reproduction fees. It shall be the responsibility of the Corrections Administration to maintain in confidentiality the identity of third parties who offer information to it so that it can reach a decision. Furthermore, the victim must use the confidential information solely and exclusively for the purpose of issuing an informed opinion on the findings of the consideration of the privilege of parole within the parameters of the applicable laws, jurisprudence and regulations.
(f) To be represented by an attorney or any expert that will assist in understanding the procedures or the information to which he/she is entitled.
(g) To demand that information on his/her residential and business address, as well as the telephone numbers are kept as confidential when the specific circumstances of the case and the personal safety of the victim and his/her relatives so warrant, as well as any document, paper, and photograph that contains said information and which is in custody of the Administration and its employees, except in those cases as provided in §§ 973 et seq. of Title 25.
(h) To be advised of the results of the hearing when the person liable for the crime is to be referred to a Diversion Program prior to being released or transferred into the community at large.
(i) To resort to administrative review before the Secretary of the Department of Corrections and Rehabilitation on any finding, order or resolution issued by the Committee, as provided by regulations.
(j) To resort to administrative review before the Circuit Court of Appeals, pursuant to §§ 2101 et seq. of Title 3, regarding any finding, order or resolution issued by the Secretary of the Department of Corrections and Rehabilitation.
(k) To receive the payment of the special penalty imposed on the inmate, in addition to the judgment imposed by the court, pursuant to the provisions of §§ 981 et seq. of Title 25.
History —July 22, 1954, No. 116, Part 1, p. 501, added as § 56 on Oct. 31, 2001, No. 151, § 14.