Criminal/Civil Justice System Assistance

Criminal/Civil Justice System Assistance bscharf

Event Notification

Event Notification

Case Status: provide victims with information on any significant developments in the investigation and adjudication of the cases in which they are involved. Significant developments include the arrest of a suspect, a defendant choosing to enter a guilty plea, etc. This information may be relayed through a personal letter specifically about that case or by telephone or email contact.
 

Case Dispositions: provide victims with the final dispositions of their cases within 30 working days of disposition. This includes dispositions of habeas corpus appeals.
 

Advance Notification: provide victims with advance notification of judicial proceedings relating to their cases and inform them of any changes in court dates. This information may be relayed through a personal letter or telephone contact.

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27. Victim Impact Statements®

27. Victim Impact Statements®

Assist victims in the preparation of victim impact statements or coordinate this service with the probation and parole office. Staff may offer dictation service to illiterate victims, or translation service to non-English speaking victims. This also includes preparing victims to give oral statements.

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Restitution

Restitution

Assist victims in seeking and securing restitution. As appropriate, victim/witness program staff are required to assist victims in seeking and securing restitution by providing information about local procedures and referrals to appropriate personnel. These responsibilities are in accordance with §19.2-11.01 A2c which requires that victims “…be advised that restitution is available for damages or loss resulting from an offense and shall be assisted in seeking restitution in accordance with §§ 19.2-305, 19.2-305.1 …”

These statutes place no responsibility on victim/witness program staff to collect restitution. To the extent possible, program staff are encouraged to limit restitution services to the provision of information about local procedures and referrals to appropriate personnel. 

Compliance with the Crime Victim and Witness Rights Act requires that programs address a broad range of service objectives. Allocation of staff time and resources cannot be unreasonably focused on a few services, such as restitution, to the detriment of other services.

Explanation: help victims determine the specific amounts of restitution owed in their particular cases.
 

Monitoring: monitor the payments of court-ordered restitution. “Monitoring” restitution is the service of checking with third parties or the victims themselves to ensure that restitution payments are being made in a timely fashion.
 

Enforcement: request, or assist the victim in requesting, a show cause summons when defendants are delinquent in their payments.

 

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29. Business Restitution

29. Business Restitution

Assist businesses in seeking and securing restitution. As appropriate, victim/witness program staff are required to assist victims in seeking and securing restitution by providing information about local pro- cedures and referrals to appropriate personnel. These responsibilities are in accordance with §19.2-11.01 A2c which requires that victims “…be advised that restitution is available for damages or loss resulting from an offense and shall be assisted in seeking restitution in accordance with §§ 19.2-305, 19.2-305.1 …”

Nothing in these statutes places a responsibility on victim/witness program staff to collect restitution. To the extent possible, program staff are encouraged to limit regular restitution services to the provision of information about local procedures and referrals to appropriate personnel. Compliance with the Crime Victim and Witness Rights Act requires that programs address a broad range of service objectives. Consequently, the allocation of staff time and resources cannot be unreasonably focused on a few services, such as restitution, to the detriment of other services.

  1. Explanation: help businesses determine the specific amounts of restitution owed in their particular cases.
     
  2. Monitoring: monitor the payments of court-ordered restitution. “Monitoring” restitution is the service of checking with third parties or the businesses themselves to ensure that restitution payments are being made in a timely fashion.
     
  3. Collection: collect and forward restitution payments.
     
  4. Enforcement: request, or assist the victim in requesting, a show cause summons when defendants are delinquent in their payments.
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30. Protection Orders®

30. Protection Orders®

Provide and assist victims with obtaining protective orders (Emergency, Preliminary, and Permanent). This would include victims of domestic violence, child physical abuse, child sexual abuse, elder abuse, stalking, sexual assault, assault and harassment.

Note: Under §16.1-253.2(d) victims have the right to a new protective order not exceeding two years upon the conviction of Violation of Protective Order.

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31. Family Law Issues Assistance

31. Family Law Issues Assistance

A civil legal attorney provides assistance in obtaining protection or restraining order and family law issues (e.g., custody, filing for temporary restraining orders, injunctions, visitation, or support). This can include an advocate arranging services with a civil legal attorney, Legal Aid, and or pro bono assistance programs for civil services. Does not include criminal prosecution or the employment of attorneys for such nonemergency purposes as custody disputes and civil suits.

 

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32. Other Emergency Justice-Related Assistance

32. Other Emergency Justice-Related Assistance

Other protection services include advising victims where they may file a warrant for criminal offenses, sitting in a courtroom so as to obstruct the defendant’s view of the victim, etc. Also, assisting victims in

obtaining available protection options (i.e., no contact orders or instructions, stop mail, and blocked phone calls), from the appropriate authorities when harm or threats of harm arise from the victims’ cooperation with law enforcement or prosecution efforts. Appropriate authorities may include law enforcement, state police, jail or prison staff, court service units, general district courts, magistrates, and Commonwealth’s attorneys. Also, includes utilizing the Lethality Assessment Program or lethality assessment tools to assess danger. Providing advocacy services to victims in emergency situations only; not routine.

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33. Immigration Attorney Assistance

33. Immigration Attorney Assistance

An attorney providing assistance with special visas, continued presence application, and other immigration relief. This includes an advocate arranging services with immigration attorneys and or advocacy programs that specialize in immigration services.

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34. Prosecution Interview

34. Prosecution Interview

Provide advocacy/accompaniment with the prosecuting attorney(s). Provide descriptive or guided tours of the courtroom in which the victim’s case will be heard. Examples of descriptive tours are Kids Court, working through the “Going To Court” coloring book with a child victim, or providing a detailed description of the layout of the courtroom (i.e., courtroom tours, court waiting rooms, and post disposition conferences with prosecuting attorney(s).

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35. Criminal Justice Advocacy/Accompaniment®

35. Criminal Justice Advocacy/Accompaniment®
  1. Notification Assistance®: assist victims in completing and forwarding notification request forms to Commonwealth’s Attorneys’ offices, to court clerks, and other appropriate agencies. This will ensure that the agencies properly notify victims of all court proceedings in which the victims are involved. This includes assisting victims in completing and forwarding notification request forms for plea agreements.
     
  2. Liaison Re: Prisoner Status®: assist in the completion and forwarding of notification request forms to local jails and state correctional facilities to ensure that victims are notified of the escape, change of name, transfer, release, or discharge of a prisoner.
     
  3. Confidentiality Forms®: assist victims in completing confidentiality request forms (DC-301 form, available through the Supreme Court) and filing them with the appropriate court or agency. These forms help protect from disclosure of victims’ addresses, telephone numbers and places of employment. Staff act as a liaison between the victim and the involved criminal justice agencies to ensure confidentiality of victims and family members. This also includes indicating in the Virginia Common- wealth’s Attorneys Information System (VCAIS) that the victim requests that their address be blocked.
     
  4. Criminal Justice Process: support, assistance, and advocacy provided to victims at any stage of the criminal justice process, including post sentencing services and support.
    1. Support: accompany victims to court, court services unit, magistrate’s office, clerk’s office, and/or to other appropriate criminal justice agencies. This service is different from an escort in that staff provide information and counseling before, during and after the hearing or meeting.
       
    2. Explanation of Steps: provide explanations of the overall criminal justice process, as well as detailed explanations of each hearing or step in the process (e.g., bond hearings, motions, preliminary hearing, continuances, grand jury, trial, sentencing, etc.).
       
  5. Parole Input: assist with the completion and filing of parole input forms for crimes that occurred prior to January 1, 1995. Offenders who have committed crimes after January 1, 1995 are not eligible for parole. Effective July 1, 2014, the Virginia Parole Board is now required to annually interview and consider all eligible geriatric offenders for conditional release. Eligibility includes any conviction other than a Class 1 felony (capital murder), and an offender who has:

    (1) Reached the age of 65 or older and has served at least five years of his or her sentence
    (2) Reached the age of 60 or older and has served at least 10 years of his or her sentence

    For additional information contact Virginia Parole Board, Victim Services Coordinator at 804-887-8184.

     
  6. Escort: Provide victims with escort (i.e., physically go with the victim) to services related to the investigation or adjudication of a criminal case. These services may include escort to and from court, or going with victims to their appointments at various criminal justice agencies. “Escort” does not encompass “Transportation provided by Agency” or “Criminal Justice Process Support”, but all three services could be provided to the same victim. For example, if a staff person drives a victim to court, walks the victim to the courtroom, and stays with the victim during the judicial proceeding, count the victim one time under each service.

     
  7. Closed Preliminary Hearing: coordinate with the appropriate court personnel to arrange closed preliminary hearings, or make arrangements to have the case held until the end of the court docket.
     

  8. Closed Circuit TV: coordinate with appropriate court personnel to arrange closed circuit television testimony.

 

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36. Other

36. Other

List any other services provided to victims by your grant program that does not fit in an above category. Please keep the number of "Other” to a minimum. It is required that you be able to identify the service listed in “Other”.

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