IC 35-40-6
Chapter 6. Prosecuting Attorney Duties and Victim Assistance
Programs
IC 35-40-6-1 Applicability of chapter
Sec. 1. This chapter applies when:
(1) law enforcement officials have received a report of an
alleged offense not later than five (5) days after the alleged
offense occurred or was discovered, unless the prosecuting
attorney having jurisdiction finds that the report was not made
within the five (5) day period due to circumstances beyond the
control of a victim of the alleged offense; and
(2) a victim fully cooperates with and responds to reasonable
requests from law enforcement officials and the prosecuting
attorney. 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 at
all 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 to
operate a victim assistance program to provide the services required
under 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 program
shall do the following:
(1) Inform a victim that the victim may be present at all public
stages of the criminal justice process to the extent that:
(A) the victim's presence and statements do not interfere
with a defendant's constitutional rights; and
(B) there has not been a court order restricting, limiting, or
prohibiting attendance at the criminal proceedings.
(2) Timely notify a victim of all criminal justice hearings and
proceedings that are scheduled for a criminal matter in which
the victim was involved.
(3) Promptly notify a victim when a criminal court proceeding
has been rescheduled or canceled.
(4) Obtain an interpreter or translator, if necessary, to advise a
victim of the rights granted to a victim under the law.
(5) Coordinate efforts of local law enforcement agencies that
are designed to promptly inform a victim after an offense occurs
of the availability of, and the application process for,
community services for victims and the families of victims,
including information concerning services such as the
following:
(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 the
participation of a victim or a member of the victim's
immediate family in the criminal proceedings.
(6) Inform the victim that the court may order a defendant
convicted of the offense involving the victim to pay restitution
to the victim under IC 35-50-5-3.
(7) Upon request of the victim, inform the victim of the terms
and conditions of release of the person accused of committing
a crime against the victim.
(8) Upon request of the victim, give the victim notice of the
criminal offense for which:
(A) the defendant accused of committing the offense against
the victim was convicted or acquitted; or
(B) the charges were dismissed against the defendant
accused 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 accused
person 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 orally
or in writing, a summary of the financial, emotional, and
physical effects of the offense on the victim and the victim's
family; and
(C) negotiate a restitution agreement to be submitted to the
sentencing court for damages incurred by the victim as a
result of the offense.
(10) Assist a victim in preparing verified documentation
necessary to obtain a restitution order under IC 35-50-5-3.
(11) Advise a victim of other rights granted to a victim under
the 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-offender
reconciliation program (VORP) operated by a victim assistance
program under section 4(9) of this chapter, the victim shall execute
a waiver releasing:
(1) the prosecuting attorney responsible for the victim
assistance program; and
(2) the victim assistance program;
from civil and criminal liability for actions taken by the victim, an
accused person, or an offender as a result of participation by the
victim, the accused person, or the offender in a victim-offender
reconciliation program (VORP).
(b) A victim is not required to participate in a victim-offender
reconciliation 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 affidavit
asserting:
(A) that an act or threat of physical violence or intimidation
has been made against the victim or the immediate family of
the victim; and
(B) that the act or threat described in clause (A) has been
made by the defendant or at the direction of the defendant;
and
(2) the prosecuting attorney has reason to believe the allegations
in the affidavit are true and warrant the filing of a motion for
bond revocation;
the prosecuting attorney shall file a motion under IC 35-33-8-5
requesting the court to revoke the defendant's bond or order for
personal 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's
request, 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 probation
department that is preparing the presentence report.
(3) The right to make a victim impact statement under
IC 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, except
those parts excised by the court or made confidential by
IC 35-40-5-6.
(6) The victim's right to be present and heard at any sentencing
procedure 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 program
shall advise a victim on how the request form completed under
section 6 of this chapter may be filed with the appropriate agencies
and 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 a
probation department of responsibility under IC 35-38-1-8.5 to
initiate the contact between a victim and the probation department
concerning the consequences suffered by the victim as a result of the
crime.
(b) At the time of contact with a victim, a probation department
shall advise the victim of the date, time, and place of sentencing and
of 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 seeks
appellate review or attacks the person's conviction or sentence, the
prosecuting attorney or the office of the attorney general, whichever
is appropriate, shall inform the victim, upon request, of the status of
the case and of the decision of the court. As added by P.L.139-1999, SEC.1.
IC 35-40-6
Chapter 6. Prosecuting Attorney Duties and Victim Assistance
Programs
IC 35-40-6-1 Applicability of chapter
Sec. 1. This chapter applies when:
(1) law enforcement officials have received a report of an
alleged offense not later than five (5) days after the alleged
offense occurred or was discovered, unless the prosecuting
attorney having jurisdiction finds that the report was not made
within the five (5) day period due to circumstances beyond the
control of a victim of the alleged offense; and
(2) a victim fully cooperates with and responds to reasonable
requests from law enforcement officials and the prosecuting
attorney. 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 at
all 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 to
operate a victim assistance program to provide the services required
under 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 program
shall do the following:
(1) Inform a victim that the victim may be present at all public
stages of the criminal justice process to the extent that:
(A) the victim's presence and statements do not interfere
with a defendant's constitutional rights; and
(B) there has not been a court order restricting, limiting, or
prohibiting attendance at the criminal proceedings.
(2) Timely notify a victim of all criminal justice hearings and
proceedings that are scheduled for a criminal matter in which
the victim was involved.
(3) Promptly notify a victim when a criminal court proceeding
has been rescheduled or canceled.
(4) Obtain an interpreter or translator, if necessary, to advise a
victim of the rights granted to a victim under the law.
(5) Coordinate efforts of local law enforcement agencies that
are designed to promptly inform a victim after an offense occurs
of the availability of, and the application process for,
community services for victims and the families of victims,
including information concerning services such as the
following:
(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 the
participation of a victim or a member of the victim's
immediate family in the criminal proceedings.
(6) Inform the victim that the court may order a defendant
convicted of the offense involving the victim to pay restitution
to the victim under IC 35-50-5-3.
(7) Upon request of the victim, inform the victim of the terms
and conditions of release of the person accused of committing
a crime against the victim.
(8) Upon request of the victim, give the victim notice of the
criminal offense for which:
(A) the defendant accused of committing the offense against
the victim was convicted or acquitted; or
(B) the charges were dismissed against the defendant
accused 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 accused
person 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 orally
or in writing, a summary of the financial, emotional, and
physical effects of the offense on the victim and the victim's
family; and
(C) negotiate a restitution agreement to be submitted to the
sentencing court for damages incurred by the victim as a
result of the offense.
(10) Assist a victim in preparing verified documentation
necessary to obtain a restitution order under IC 35-50-5-3.
(11) Advise a victim of other rights granted to a victim under
the 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-offender
reconciliation program (VORP) operated by a victim assistance
program under section 4(9) of this chapter, the victim shall execute
a waiver releasing:
(1) the prosecuting attorney responsible for the victim
assistance program; and
(2) the victim assistance program;
from civil and criminal liability for actions taken by the victim, an
accused person, or an offender as a result of participation by the
victim, the accused person, or the offender in a victim-offender
reconciliation program (VORP).
(b) A victim is not required to participate in a victim-offender
reconciliation 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 affidavit
asserting:
(A) that an act or threat of physical violence or intimidation
has been made against the victim or the immediate family of
the victim; and
(B) that the act or threat described in clause (A) has been
made by the defendant or at the direction of the defendant;
and
(2) the prosecuting attorney has reason to believe the allegations
in the affidavit are true and warrant the filing of a motion for
bond revocation;
the prosecuting attorney shall file a motion under IC 35-33-8-5
requesting the court to revoke the defendant's bond or order for
personal 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's
request, 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 probation
department that is preparing the presentence report.
(3) The right to make a victim impact statement under
IC 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, except
those parts excised by the court or made confidential by
IC 35-40-5-6.
(6) The victim's right to be present and heard at any sentencing
procedure 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 program
shall advise a victim on how the request form completed under
section 6 of this chapter may be filed with the appropriate agencies
and 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 a
probation department of responsibility under IC 35-38-1-8.5 to
initiate the contact between a victim and the probation department
concerning the consequences suffered by the victim as a result of the
crime.
(b) At the time of contact with a victim, a probation department
shall advise the victim of the date, time, and place of sentencing and
of 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 seeks
appellate review or attacks the person's conviction or sentence, the
prosecuting attorney or the office of the attorney general, whichever
is appropriate, shall inform the victim, upon request, of the status of
the case and of the decision of the court. As added by P.L.139-1999, SEC.1.
IC 35-40-6
Chapter 6. Prosecuting Attorney Duties and Victim Assistance
Programs
IC 35-40-6-1 Applicability of chapter
Sec. 1. This chapter applies when:
(1) law enforcement officials have received a report of an
alleged offense not later than five (5) days after the alleged
offense occurred or was discovered, unless the prosecuting
attorney having jurisdiction finds that the report was not made
within the five (5) day period due to circumstances beyond the
control of a victim of the alleged offense; and
(2) a victim fully cooperates with and responds to reasonable
requests from law enforcement officials and the prosecuting
attorney. 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 at
all 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 to
operate a victim assistance program to provide the services required
under 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 program
shall do the following:
(1) Inform a victim that the victim may be present at all public
stages of the criminal justice process to the extent that:
(A) the victim's presence and statements do not interfere
with a defendant's constitutional rights; and
(B) there has not been a court order restricting, limiting, or
prohibiting attendance at the criminal proceedings.
(2) Timely notify a victim of all criminal justice hearings and
proceedings that are scheduled for a criminal matter in which
the victim was involved.
(3) Promptly notify a victim when a criminal court proceeding
has been rescheduled or canceled.
(4) Obtain an interpreter or translator, if necessary, to advise a
victim of the rights granted to a victim under the law.
(5) Coordinate efforts of local law enforcement agencies that
are designed to promptly inform a victim after an offense occurs
of the availability of, and the application process for,
community services for victims and the families of victims,
including information concerning services such as the
following:
(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 the
participation of a victim or a member of the victim's
immediate family in the criminal proceedings.
(6) Inform the victim that the court may order a defendant
convicted of the offense involving the victim to pay restitution
to the victim under IC 35-50-5-3.
(7) Upon request of the victim, inform the victim of the terms
and conditions of release of the person accused of committing
a crime against the victim.
(8) Upon request of the victim, give the victim notice of the
criminal offense for which:
(A) the defendant accused of committing the offense against
the victim was convicted or acquitted; or
(B) the charges were dismissed against the defendant
accused 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 accused
person 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 orally
or in writing, a summary of the financial, emotional, and
physical effects of the offense on the victim and the victim's
family; and
(C) negotiate a restitution agreement to be submitted to the
sentencing court for damages incurred by the victim as a
result of the offense.
(10) Assist a victim in preparing verified documentation
necessary to obtain a restitution order under IC 35-50-5-3.
(11) Advise a victim of other rights granted to a victim under
the 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-offender
reconciliation program (VORP) operated by a victim assistance
program under section 4(9) of this chapter, the victim shall execute
a waiver releasing:
(1) the prosecuting attorney responsible for the victim
assistance program; and
(2) the victim assistance program;
from civil and criminal liability for actions taken by the victim, an
accused person, or an offender as a result of participation by the
victim, the accused person, or the offender in a victim-offender
reconciliation program (VORP).
(b) A victim is not required to participate in a victim-offender
reconciliation 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 affidavit
asserting:
(A) that an act or threat of physical violence or intimidation
has been made against the victim or the immediate family of
the victim; and
(B) that the act or threat described in clause (A) has been
made by the defendant or at the direction of the defendant;
and
(2) the prosecuting attorney has reason to believe the allegations
in the affidavit are true and warrant the filing of a motion for
bond revocation;
the prosecuting attorney shall file a motion under IC 35-33-8-5
requesting the court to revoke the defendant's bond or order for
personal 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's
request, 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 probation
department that is preparing the presentence report.
(3) The right to make a victim impact statement under
IC 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, except
those parts excised by the court or made confidential by
IC 35-40-5-6.
(6) The victim's right to be present and heard at any sentencing
procedure 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 program
shall advise a victim on how the request form completed under
section 6 of this chapter may be filed with the appropriate agencies
and 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 a
probation department of responsibility under IC 35-38-1-8.5 to
initiate the contact between a victim and the probation department
concerning the consequences suffered by the victim as a result of the
crime.
(b) At the time of contact with a victim, a probation department
shall advise the victim of the date, time, and place of sentencing and
of 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 seeks
appellate review or attacks the person's conviction or sentence, the
prosecuting attorney or the office of the attorney general, whichever
is appropriate, shall inform the victim, upon request, of the status of
the case and of the decision of the court. As added by P.L.139-1999, SEC.1.
