The Crime Victims Bill of Rights mandates that the criminal justice system provide service notification of the case to crime victims throughout all phases of the criminal justice process. The Crime Victims Bill of Rights outlines the responsibilities of victims, law enforcement and the judiciary in providing crime victims the rights available incorporated in the context of the criminal justice system. Victims of the following crimes should be notified:
Enactedby the Georgia Legislature in 1995, the law gives individuals who are victims of crime certain specific rights under the law. Victims have the right to:
- Reasonable, accurate and timely notice of any court proceedings or any changes to such proceedings
- Reasonable. Accurate and timely notice of the arrest, release or escape of the accused
- Not to be excluded from any scheduled court proceedings involving the accused, except as otherwise provided by law
- Be heard at any scheduled court proceedings involving the release, plea or sentencing of the accused
- File a written objection in any parole proceedings involving the accused
- Confer with the prosecuting attorney in any criminal prosecution related to the victim
- Restitution as provided by law
- Proceedings free from unreasonable delay
- Be treated fairly and with dignity by all criminal justice agencies involved in the case
- Under certain conditions, to be notified of the accused being on an electronic release and monitoring program
- Be notified of an arrest warrant being issued for the accused
- Be notified of the accused being prohibited from contacting the victim
In general, after the crime occurs and is reported, and upon initial contact with a victim, law enforcement and court personnel must advise him or her of the following:
- That it is possible that the accused may be released from custody prior to trial;
- That victims have certain rights during various stages of the criminal justice system;
- That victims have the right to refuse or agree to be interviewed by the accused, the accused's attorney, or anyone who represents or contacts you on behalf of the accused;
- That additional information about these stages can be obtained by contacting the pertinent state and/or local agency involved, or by contacting the Criminal Justice Coordinating Council at 404-559-4949;
- That victims may be eligible for monetary compensation for certain out-of-pocket losses incurred as a result of their victimization from the State's Crime Victims Emergency Fund (Crime Victims Compensation) which is administered by the Criminal Justice Coordinating Council;
- That victims may have available to them community-based victim service programs and that more information may be obtained by contacting the Governor's Victim Assistance Helpline at 1-800-338-6745.
In order to be notified, current contact information including a telephone number and address must be provided to law enforcement and the District Attorney’s Office. The District Attorney’s Office is unable to advise victims of the release of a defendant either from the county jail or state prison system. However, a Victim-Witness Advocate can offer referral information regarding this service.
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