The Committee shall be responsible for notifying the victim in writing of the diversion program consideration hearing at the last fifteen (15) working days in advance. If the victim does not reply, or opts not to attend the hearing, or the Corrections Administration is unable to locate the person, the procedure shall continue without his/her participation.
Said notice shall be remitted to the last known mailing address of the victim and shall include:
(1) The date, hour and place that the hearing shall be held;
(2) a brief explanation of the reasons for the hearing, including a mention of the crime or crimes for which the client was convicted;
(3) a list of the provisions of law or regulations that apply to the participation of the victim in the procedure, and
(4) the address and telephone number of the office or the official with whom the victim may communicate to receive more information on his/her participation in the hearing.
The Committee shall make every effort within its reach to locate and notify the crime victim, keeping evidence thereof in the case file.
In the event that the victim waives his/her right to appear at the hearing to consider the diversion program, he/she must so consign it in writing on the document provided by the Corrections Administration. A copy of the waiver shall be remitted to the corrections system and eventually to the Parole Board, which in turn shall keep a file of the waivers signed by the victims. In the event of an express waiver, the wishes of the victim shall be respected and the notification provided by law shall not proceed.
Failure to comply with the provisions of §§ 1273—1277 of this title shall create an impediment for the Committee to exercise its jurisdiction in the specific case. The provisions of this section shall apply to the convicts of any crime, even when it is not required by Act No. 91 of June 13, 1988, as amended.
History —July 22, 1954, No. 116, Part. 1, p. 501, added as § 58 on Oct. 31, 2001, No. 151, § 14.