The Board shall be responsible for notifying the victim in writing of the hearing for the modification, reconsideration, follow-up and investigation of the parole privilege hearings, not less than fifteen (15) working days in advance. In absence of a reply by the victim, if he/she chooses not to appear at the hearing, or if it is proved that the Board is unable to locate the victim, the procedures shall continue without his/her participation.
Said notification shall be sent to the last known mailing address of the victim and shall include:
(1) Date, time and place where the hearing shall be held;
(2) brief explanation of the reasons for the hearing, including a mention of the crime or crimes for which the inmate was convicted;
(3) a list of the applicable provisions of law or regulations for the participation of the victim in the procedure, and
(4) the address and telephone number of the office or official that the victim may contact to receive more information regarding his/her participation in the hearing.
The Board shall exert every effort within its reach to locate and notify the crime victim, keeping evidence thereof in the case file.
If necessary, and after exhausting every available recourse, the Board may publish a notice in a newspaper of general circulation. In the event that the victim waives the right to appear at the modification, reconsideration, follow-up and investigation of the parole privilege hearings, he/she must state it in writing on the document provided by the Board. A copy of said waiver shall be remitted to the corrections system, and eventually to the Parole Board, which shall, in turn, 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 notice provided by law shall not proceed.
Failure to comply with the provisions of §§ 1503a—1503f of this title shall constitute an impediment for the Board to exercise its jurisdiction in the specific case. The provisions of this section shall apply to convicts for any crime, even if it is not required by the note under § 972h of Title 25.
History —July 22, 1974, No. 118, Part 1, p. 540, added as § 3-E on July 6, 2000, No. 114, § 8; Oct. 31, 2001, No. 151, § 6.