State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-825

§15A‑825.  Treatment due victims and witnesses.

To the extent reasonablypossible and subject to available resources, the employees of law‑enforcementagencies, the prosecutorial system, the judicial system, and the correctionalsystem should make a reasonable effort to assure that each victim and witnesswithin their jurisdiction:

(1)        Is providedinformation regarding immediate medical assistance when needed and is notdetained for an unreasonable length of time before having such assistanceadministered.

(2)        Is providedinformation about available protection from harm and threats of harm arisingout of cooperation with law‑enforcement prosecution efforts, and receivessuch protection.

(2a)      Is providedinformation that testimony as to one's home address is not relevant in everycase, and that the victim or witness may request the district attorney to raisean objection should he/she deem it appropriate to this line of questioning inthe case at hand.

(3)        Has any stolen orother personal property expeditiously returned by law‑enforcementagencies when it is no longer needed as evidence, and its return would notimpede an investigation or prosecution of the case. When feasible, all suchproperty, except weapons, currency, contraband, property subject to evidentiaryanalysis, and property whose ownership is disputed, should be photographed andreturned to the owner within a reasonable period of time of being recovered bylaw‑enforcement officials.

(4)        Is providedappropriate employer intercession services to seek the employer's cooperationwith the criminal justice system and minimize the employee's loss of pay andother benefits resulting from such cooperation whenever possible.

(5)        Is provided,whenever practical, a secure waiting area during court proceedings that doesnot place the victim or witness in close proximity to defendants and familiesor friends of defendants.

(6)        Is informed of theprocedures to be followed to apply for and receive any appropriate witness feesor victim compensation.

(6a)      Is informed of theright to be present throughout the entire trial of the defendant, subject tothe right of the court to sequester witnesses.

(7)        Is given theopportunity to be present during the final disposition of the case or isinformed of the final disposition of the case, if he has requested to bepresent or be informed.

(8)        Is notified,whenever possible, that a court proceeding to which he has been subpoenaed willnot occur as scheduled.

(9)        Has a victim impactstatement prepared for consideration by the court.

(9a)      Prior to trial, isprovided information about plea bargaining procedures and is told that thedistrict attorney may recommend a plea bargain to the court.

(10)      Is informed thatcivil remedies may be available and that statutes of limitation apply in civilcases.

(11)      Upon the victim'swritten request, is notified before a proceeding is held at which the releaseof the offender from custody is considered, if the crime for which the offenderwas placed in custody is a Class G or more serious felony.

(12)      Upon the victim'swritten request, is notified if the offender escapes from custody or isreleased from custody, if the crime for which the offender was placed incustody is a Class G or more serious felony.

(13)      Has family members ofa homicide victim offered all the guarantees in this section, except those insubdivision (1).

Nothing in this section shall beconstrued to create a cause of action for failure to comply with itsrequirements. (1985 (Reg. Sess., 1986), c. 998, s. 1; 1989, c. 596,s. 2.)