IC 35-40-6
    Chapter 6. Prosecuting Attorney Duties and Victim AssistancePrograms

IC 35-40-6-1
Applicability of chapter
    Sec. 1. This chapter applies when:
        (1) law enforcement officials have received a report of analleged offense not later than five (5) days after the allegedoffense occurred or was discovered, unless the prosecutingattorney having jurisdiction finds that the report was not madewithin the five (5) day period due to circumstances beyond thecontrol of a victim of the alleged offense; and
        (2) a victim fully cooperates with and responds to reasonablerequests from law enforcement officials and the prosecutingattorney.
As added by P.L.139-1999, SEC.1.

IC 35-40-6-2
Victims to be treated with dignity
    Sec. 2. A prosecuting attorney shall provide that:
        (1) victims are treated with dignity, respect, and sensitivity atall stages of the criminal justice process; and
        (2) the rights of victims are protected.
As added by P.L.139-1999, SEC.1.

IC 35-40-6-3
Victim assistance program; contract to operate
    Sec. 3. A prosecuting attorney may contract with a person tooperate a victim assistance program to provide the services requiredunder this chapter.
As added by P.L.139-1999, SEC.1.

IC 35-40-6-4
Victim assistance program; purposes
    Sec. 4. A prosecuting attorney or a victim assistance programshall do the following:
        (1) Inform a victim that the victim may be present at all publicstages of the criminal justice process to the extent that:
            (A) the victim's presence and statements do not interferewith a defendant's constitutional rights; and
            (B) there has not been a court order restricting, limiting, orprohibiting attendance at the criminal proceedings.
        (2) Timely notify a victim of all criminal justice hearings andproceedings that are scheduled for a criminal matter in whichthe victim was involved.
        (3) Promptly notify a victim when a criminal court proceedinghas been rescheduled or canceled.
        (4) Obtain an interpreter or translator, if necessary, to advise avictim of the rights granted to a victim under the law.        (5) Coordinate efforts of local law enforcement agencies thatare designed to promptly inform a victim after an offense occursof the availability of, and the application process for,community services for victims and the families of victims,including information concerning services such as thefollowing:
            (A) Victim compensation funds.
            (B) Victim assistance resources.
            (C) Legal resources.
            (D) Mental health services.
            (E) Social services.
            (F) Health resources.
            (G) Rehabilitative services.
            (H) Financial assistance services.
            (I) Crisis intervention services.
            (J) Transportation and child care services to promote theparticipation of a victim or a member of the victim'simmediate family in the criminal proceedings.
        (6) Inform the victim that the court may order a defendantconvicted of the offense involving the victim to pay restitutionto the victim under IC 35-50-5-3.
        (7) Upon request of the victim, inform the victim of the termsand conditions of release of the person accused of committinga crime against the victim.
        (8) Upon request of the victim, give the victim notice of thecriminal offense for which:
            (A) the defendant accused of committing the offense againstthe victim was convicted or acquitted; or
            (B) the charges were dismissed against the defendantaccused of committing the offense against the victim.
        (9) In a county having a victim-offender reconciliation program(VORP), provide an opportunity for a victim, if the accusedperson or the offender agrees, to:
            (A) meet with the accused person or the offender in a safe,controlled environment;
            (B) give to the accused person or the offender, either orallyor in writing, a summary of the financial, emotional, andphysical effects of the offense on the victim and the victim'sfamily; and
            (C) negotiate a restitution agreement to be submitted to thesentencing court for damages incurred by the victim as aresult of the offense.
        (10) Assist a victim in preparing verified documentationnecessary to obtain a restitution order under IC 35-50-5-3.
        (11) Advise a victim of other rights granted to a victim underthe law.
As added by P.L.139-1999, SEC.1.

IC 35-40-6-5
Victim-offender reconciliation program    Sec. 5. (a) If a victim participates in a victim-offenderreconciliation program (VORP) operated by a victim assistanceprogram under section 4(9) of this chapter, the victim shall executea waiver releasing:
        (1) the prosecuting attorney responsible for the victimassistance program; and
        (2) the victim assistance program;
from civil and criminal liability for actions taken by the victim, anaccused person, or an offender as a result of participation by thevictim, the accused person, or the offender in a victim-offenderreconciliation program (VORP).
    (b) A victim is not required to participate in a victim-offenderreconciliation program (VORP) under section 4(9) of this chapter.
As added by P.L.139-1999, SEC.1.

IC 35-40-6-6
Threat of harm to victim
    Sec. 6. If:
        (1) a victim submits to the prosecuting attorney an affidavitasserting:
            (A) that an act or threat of physical violence or intimidationhas been made against the victim or the immediate family ofthe victim; and
            (B) that the act or threat described in clause (A) has beenmade by the defendant or at the direction of the defendant;and
        (2) the prosecuting attorney has reason to believe the allegationsin the affidavit are true and warrant the filing of a motion forbond revocation;
the prosecuting attorney shall file a motion under IC 35-33-8-5requesting the court to revoke the defendant's bond or order forpersonal recognizance.
As added by P.L.139-1999, SEC.1.

IC 35-40-6-7
Notification requested by victim
    Sec. 7. If the defendant is convicted, and upon the victim'srequest, the victim shall be notified, if applicable, of the following:
        (1) The function of the presentence report.
        (2) The name and telephone number of the probationdepartment that is preparing the presentence report.
        (3) The right to make a victim impact statement underIC 35-38-1-8.5.
        (4) The defendant's right to review the presentence report.
        (5) The victim's right to review the presentence report, exceptthose parts excised by the court or made confidential byIC 35-40-5-6.
        (6) The victim's right to be present and heard at any sentencingprocedure under IC 35-40-5-5.
        (7) The time, place, and date of the sentencing proceeding.As added by P.L.139-1999, SEC.1. Amended by P.L.14-2000,SEC.71.

IC 35-40-6-8
Request form for revocation of bond
    Sec. 8. The prosecuting attorney or a victim assistance programshall advise a victim on how the request form completed undersection 6 of this chapter may be filed with the appropriate agenciesand departments.
As added by P.L.139-1999, SEC.1.

IC 35-40-6-9
Contact between victim and probation department
    Sec. 9. (a) Notice provided under this chapter does not relieve aprobation department of responsibility under IC 35-38-1-8.5 toinitiate the contact between a victim and the probation departmentconcerning the consequences suffered by the victim as a result of thecrime.
    (b) At the time of contact with a victim, a probation departmentshall advise the victim of the date, time, and place of sentencing andof the victim's right to be present and to be heard at the proceeding.
As added by P.L.139-1999, SEC.1.

IC 35-40-6-10
Victim to be informed of status of case
    Sec. 10. If a person convicted of a crime against the victim seeksappellate review or attacks the person's conviction or sentence, theprosecuting attorney or the office of the attorney general, whicheveris appropriate, shall inform the victim, upon request, of the status ofthe case and of the decision of the court.
As added by P.L.139-1999, SEC.1.