State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-832

§ 15A‑832. Responsibilities of the district attorney's office.

(a)        Within 21 daysafter the arrest of the accused, but not less than 24 hours before theaccused's first scheduled probable‑cause hearing, the district attorney'soffice shall provide to the victim a pamphlet or other written material thatexplains in a clear and concise manner the following:

(1)        The victim's rightsunder this Article, including the right to confer with the attorney prosecutingthe case about the disposition of the case and the right to provide a victimimpact statement.

(2)        The responsibilitiesof the district attorney's office under this Article.

(3)        The victim'seligibility for compensation under the Crime Victims Compensation Act and thedeadlines by which the victim must file a claim for compensation.

(4)        The steps generallytaken by the district attorney's office when prosecuting a felony case.

(5)        Suggestions on whatthe victim should do if threatened or intimidated by the accused or someoneacting on the accused's behalf.

(6)        The name andtelephone number of a victim and witness assistant in the district attorney'soffice whom the victim may contact for further information.

(b)        Upon receiving theinformation in subsection (a) of this section, the victim shall, on a form providedby the district attorney's office, indicate whether the victim wishes toreceive notices of some, all, or none of the trial and posttrial proceedingsinvolving the accused. If the victim elects to receive notices, the victimshall be responsible for notifying the district attorney's office or any otherdepartment or agency that has a responsibility under this Article of anychanges in the victim's address and telephone number. The victim may alter therequest for notification at any time by notifying the district attorney'soffice and completing the form provided by the district attorney's office.

(c)        The districtattorney's office shall notify a victim of the date, time, and place of alltrial court proceedings of the type that the victim has elected to receivenotice. All notices required to be given by the district attorney's officeshall be given in a manner that is reasonably calculated to be received by thevictim prior to the date of the court proceeding.

(d)        Whenever practical,the district attorney's office shall provide a secure waiting area during courtproceedings that does not place the victim in close proximity to the defendantor the defendant's family.

(e)        When the victim isto be called as a witness in a court proceeding, the court shall make everyeffort to permit the fullest attendance possible by the victim in theproceedings. This subsection shall not be construed to interfere with thedefendant's right to a fair trial.

(f)         Prior to thedisposition of the case, the district attorney's office shall offer the victimthe opportunity to consult with the prosecuting attorney to obtain the views ofthe victim about the disposition of the case, including the victim's viewsabout dismissal, plea or negotiations, sentencing, and any pretrial diversionprograms.

(g)        At the sentencinghearing, the prosecuting attorney shall submit to the court a copy of a formcontaining the identifying information set forth in G.S. 15A‑831(c) aboutany victim's electing to receive further notices under this Article. The clerkof superior court shall include the form with the final judgment andcommitment, or judgment suspending sentence, transmitted to the Department ofCorrection or other agency receiving custody of the defendant and shall bemaintained by the custodial agency as a confidential file.

(h)        When a person is avictim of a human trafficking offense and is entitled to benefits and servicespursuant to G.S. 14‑43.11(d), the district attorney's office shall sonotify the Office of the Attorney General and Legal Aid of North Carolina,Inc., in addition to providing services under this Article. (1998‑212, s. 19.4(c);2001‑433, s. 3; 2001‑487, s. 120; 2007‑547, s. 3.)