Guam § 160 - Basic Bill of Rights for Victims.

§ 160. Basic Bill of Rights for Victims.

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CH. 160 CRIME V ICTIM’S R IGHTS ACT OF 2004

Victims and/or surviving immediate family members shall have the

following rights:

(a) To be immediately informed by the Office of the Attorney

General of the final disposition of the case. If the crime charged is a

felony, the victim or a surviving immediate family member shall be

notified of major developments in the case, whenever appropriate, in

order to avoid jeopardizing an investigation. The victim or surviving

immediate family member shall be immediately notified whenever the

defendant or perpetrator is released from custody. The victim or the

surviving immediate family member shall also be consulted and

advised about plea-bargaining.

(b) To be notified by the prosecuting attorney if a court

proceeding to which they have been subpoenaed will not proceed as

scheduled in a timely manner.

(c) To receive protection from threats or harm in accordance with

local witness and victim protection program guidelines.

(d) To be promptly informed by the victim witness counselor and

the probation officer when the defendant has violated a criminal

restraining order, a court-imposed stay-away order, terms or condition

of release, terms of probation, or terms of a plea agreement.

(e) To be informed by the police, victim witness, or other criminal

justice personnel of financial assistance and other social services

available as a result of being a victim of crime, including information

on how to apply for the assistance and services.

(f) The court shall provide a waiting area for the victim separate

from the defendant, defendant’s relatives, and defense witnesses if

such an area is available and the use of the area is practical. If a

separate waiting area is not available or practical, the court shall

provide other safeguards to minimize the victim’s contact with

defendant, defendant’s relatives, and defense witnesses during court

proceedings.

(g) To have any stolen property or other personal property

expeditiously returned by law enforcement agencies when such

property is no longer needed for evidence, and the court or the

Attorney General has approved its release. If feasible, all such

property, except weapons; currency; contraband; property subject to

evidentiary analysis; and property, the ownership of which is disputed,

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CH. 160 CRIME V ICTIM’S R IGHTS ACT OF 2004

shall be returned to the person within ten (10) days of being taken, and

the court or Attorney General has approved its release.

(h) To be informed as provided in this Chapter of escapes and

changes planned in the custodial status of the offender that allow or

result in the release of the offender into the community, including

furlough, work release, placement on supervised release, release on

parole, and final discharge at the end of a prison term; and to be

informed by the Office of the Attorney General of changes in the

custodial status of the offender as a result of release on bail bond, or

release on appeal bond.

(i) To be informed by the Parole Board through the Department of

Correction’s Parole Services Division when the offender is seeking

early release and/or parole, and to be afforded a right to submit letters,

and to appear and testify at a release hearing subject to the provisions

of § 160.92 herein.

(j) To be promptly informed by the Department of Correction’s

Parole Services Division when the offender has violated that person’s

parole subject to the provisions of § 160.92 herein.

(k) In cases charged and pled to as a felony, to be informed by the

prosecutor, by telephone, facsimile or mail, of all trials, changes of

pleas, sentencing and other major developments at least three (3)

working days in advance.

(l) To testify as to the actions of the defendant and their effect

upon the victim and the victim’s family, to be represented by retained

counsel, and to call witnesses at sentencing, reduction of sentence or

parole hearing, subject to relevance; and at the discretion of the court,

to testify at any change of plea or hearing to consider acceptance of a

plea agreement.

(m) To be notified by I Maga’lahen Guåhan upon submission of

request relative to the pardon of the defendant or the perpetrator,

subject to the provisions of § 160.92 herein.

(n) Upon written request, witnesses of crime shall be provided the

same protections afforded in this Section.

(o) The right to be treated with fairness and respect for their

dignity and privacy throughout the criminal justice process.

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(p) The Office of the Attorney General shall provide post-

conviction information to victim’s, to include information concerning

availability social services, counseling programs, and financial

assistance programs.

(q) The Office of the Attorney General is to provide a special

hotline for victims to assist them in obtaining notification and

information before and after conviction.