13-4405

13-4405. Information provided to victim by law
enforcement agencies

A. As soon after the detection of a criminal offense as the victim may be contacted
without interfering with an investigation or arrest, the law enforcement agency that has
responsibility for investigating the criminal offense shall provide the victim with a
multicopy form:

1. That allows the victim to request or waive applicable rights to which the victim
is entitled, on request, under this article.

2. That provides the victim a method to designate a lawful representative if the
victim chooses pursuant to section 13-4403, subsection A or section 13-4404.

3. That provides notice to the victim of all of the following information:

(a) The victim's right under the victims' bill of rights, article II, section 2.1,
Constitution of Arizona, to be treated with fairness, respect and dignity and to be free
of intimidation, harassment or abuse throughout the criminal or juvenile justice process.

(b) The availability, if any, of crisis intervention services and emergency and
medical services and, where applicable, that medical expenses arising out of the need to
secure evidence may be reimbursed pursuant to section 13-1414.

(c) In cases of domestic violence, the procedures and resources available for the
protection of the victim pursuant to section 13-3601.

(d) The names and telephone numbers of public and private victim assistance
programs, including the county victim compensation program and programs that provide
counseling, treatment and other support services.

(e) The police report number, if available, other identifying case information and
the following statement:

If within thirty days you are not notified of an arrest in your case, you may
call (the law enforcement agency's telephone number) for the status of the
case.

(f) Whether the suspect is an adult or juvenile, a statement that the victim will
be notified by the law enforcement agency at the earliest opportunity after the arrest of
a suspect.

(g) If the suspect is an adult and has been arrested, the victim's right, on
request, to be informed of the suspect's release, of the next regularly scheduled time,
place and date for initial appearances in the jurisdiction and of the victim's right to
be heard at the initial appearance and that, to exercise these rights, the victim is
advised to contact the custodial agency regarding the suspect's release and to contact
the court regarding any changes to the initial appearance schedule.

(h) If the victim chooses to exercise the right to be heard through a written
statement, how that statement may be submitted to the court.

(i) That the victim or the immediate family member of the victim, if the victim is
killed or incapacitated, has the right to receive one copy of the police report,
including any supplements to the report, from the investigating law enforcement agency at
no charge pursuant to section 39-127.

B. If at the time of contact with a law enforcement agency the victim is physically
or emotionally unable to request or waive applicable rights, the law enforcement agency
shall designate this on the multicopy form and the entities that may be subsequently
affected shall presume that the victim invoked the victim's right to request applicable
rights to which the victim is entitled, on request, unless the victim later waives those
rights.

C. The law enforcement agency shall submit a copy of the victim's request or waiver
of preconviction rights form to the custodial agency and a copy to the prosecutor if a
suspect is arrested, at the time the suspect is taken into custody. If there is no
arrest, the form copies shall be submitted to the prosecutor at the time the case is
otherwise presented to the prosecutor for review. The prosecutor shall submit a copy of
the victim's request or waiver of preconviction rights form to the departments or
sections of the prosecutor's office, if applicable, that are mandated by this article to
provide victims' rights services on request.

D. If the suspected offender is cited and released, the law enforcement agency
responsible for investigating the offense shall inform the victim of the court date and
how to obtain additional information about the subsequent criminal proceedings.

E. Law enforcement agencies within a county may establish different procedures
designed to efficiently and effectively provide notice of the victim's rights pursuant to
this section and notice to affected entities of the victim request or waiver
information. If different procedures are established, the procedures shall:

1. Be reported to the entities within a county affected by the procedures and
reported to the attorney general.

2. Be designed so that custodial agencies and prosecutors within a county receive
notice of the victim's request or waiver of the victim's preconviction rights at the same
time that an adult suspect is arrested.

3. Be designed so that prosecutors within a county receive notice of the victim's
request or waiver of the victim's preconviction rights, if there is no arrest, at the
same time that the case is otherwise presented to the prosecutor for review.

4. Provide that the notice to affected entities of a victim's request or waiver of
the victim's preconviction rights includes information that affords the affected entity
the ability to contact the victim.

5. Be supported by use of brochures, forms or other written materials that are
developed by the law enforcement agencies within a county and reviewed by the attorney
general pursuant to section 13-4417, subsection B.

F. If a suspect has not been arrested at the time of contact with the victim
pursuant to subsection A of this section, the law enforcement agency that is responsible
for investigating the offense shall notify the victim of the arrest of a suspect at the
earliest opportunity after the arrest and of the time, place and date for the initial
appearance.