North Carolina § 15A-832 - Responsibilities of the district attorney's office.

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

Within 21 days after the arrest of the accused, but not less than 24 hours before the accused's first scheduled probable-cause hearing, the district attorney's office shall provide to the victim a pamphlet or other written material that explains in a clear and concise manner the following: The victim's rights under this Article, including the right to reasonably confer with the district attorney's office about the disposition of the case and the right to provide a victim impact statement. The responsibilities of the district attorney's office under this Article. The victim's eligibility for compensation under the Crime Victims Compensation Act and the deadlines by which the victim must file a claim for compensation. The steps generally taken by the district attorney's office when prosecuting a crime. Suggestions on what the victim should do if threatened or intimidated by the accused or someone acting on the accused's behalf. The name and telephone number of a victim and witness assistant in the district attorney's office whom the victim may contact for further information. Upon receiving the information in subsection (a) of this section, the victim shall, on a form provided by the district attorney's office, indicate whether the victim wishes to receive notices of some, all, or none of the trial and posttrial proceedings involving the accused. If the victim elects to receive notices, the victim shall be responsible for notifying the district attorney's office or any other department or agency that has a responsibility under this Article of any changes in the victim's address and telephone number or other contact information. The victim may alter the request for notification at any time by notifying the district attorney's office and completing the form provided by the district attorney's office. The district attorney's office shall notify a victim of the date, time, and place of all court proceedings of the type that the victim has elected to receive notice, except as provided in G.S. 15A-835(b)(2) and G.S. 15A-837(a)(2). All notices required to be given by the district attorney's office shall be reasonable, accurate, and timely. The notices shall be given in a manner that is reasonably calculated to be received by the victim prior to the date of the court proceeding. The district attorney's office may provide the required notification electronically or by telephone, unless the victim requests otherwise. The notifications required by this section shall be documented by the district attorney's office. Whenever practical, the district attorney's office shall provide a secure waiting area during court proceedings that does not place the victim in close proximity to the defendant or the defendant's family. Repealed by Session Laws 2019-216, s. 5, effective August 31, 2019, and applicable to offenses and acts of delinquency committed on or after that date. The district attorney's office shall offer the victim the opportunity to reasonably confer with an attorney from the district attorney's office to obtain the views of the victim about, at a minimum, dismissal, plea or negotiations, sentencing, and any pretrial diversion programs. At the sentencing hearing, the prosecuting attorney shall submit to the court a copy of a form containing the identifying information set forth in G.S. 15A-831(c) about any victim's electing to receive further notices under this Article. The clerk of superior court shall include the form with the final judgment and commitment, or judgment suspending sentence, transmitted to the Division of Adult Correction and Juvenile Justice of the Department of Public Safety or other agency receiving custody of the defendant and shall be maintained by the custodial agency as a confidential file. When a person is a victim of a human trafficking offense and is entitled to benefits and services pursuant to G.S. 14-43.11(d), the district attorney's office shall so notify the Office of the Attorney General and Legal Aid of North Carolina, Inc., in addition to providing services under this Article. The district attorney's office shall make every effort to ensure that a victim's personal information is not disclosed unless otherwise required by law. The district attorney's office shall inform the victim that personal information such as the victim's telephone number, home address, and bank account number are not relevant in every case and that the victim may request the district attorney to object to that line of questioning when appropriate. The responsibilities of the district attorney's office extend to a victim of an act of delinquency if the juvenile's case is transferred to criminal court. History (1998-212, s. 19.4(c); 2001-433, s. 3; 2001-487, s. 120; 2007-547, s. 3; 2011-145, s. 19.1(h); 2017-186, s. 2(ddd); 2019-216, s. 5; 2019-243, s. 21.5(a).) Editor's Note. - Session Laws 2019-216, s. 16.5, provides: "The Administrative Office of the Courts shall, in consultation with the Conference of District Attorneys, develop procedures to automate the court date notifications required by this act." Session Laws 2019-216, s. 17, made the amendments to this section by Session Laws 2019-216, s. 5, effective August 31, 2019, and applicable to offenses and acts of delinquency committed on or after that date. Session Laws 2019-243, s. 21.5(b), made the amendment to subsection (c) of this section by Session Laws 2019-243, s. 21.5(a), effective retroactively to August 31, 2019, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2007-547, s. 3, effective December 1, 2007, and applicable to offenses committed on or after that date, added subsection (h). Session Laws 2011-145, s. 19.1(h), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction." Session Laws 2017-186, s. 2(ddd), effective December 1, 2017, inserted "and Juvenile Justice" in subsection (g). Session Laws 2019-216, s. 5, rewrote this section. For effective date and applicability, see editor's note. Session Laws 2019-243, s. 21.5(a), inserted "except as provided in G.S. 15A-835(b)(2) and G.S. 15A-837(a)(2) " in the first sentence of subsection (c). For effective date and applicability, see editor's note.