Victims’ Rights Guidelines
Victim Assistance Hotline:
Within 72 hours after a victim files a crime report, the assisting local law enforcement agency shall provide the victim with the following:
- a list of local emergency and crisis services
- the name and phone number of the officer and the agency handling your report
- the name and phone number of the prosecuting attorney
- the procedural steps in a criminal prosecution
- the availability of victim's' compensation benefits
- a listing of your rights as a victim including a form to insure you are given your rights
- the existence and eligibility requirements of restitution and compensation
- a recommended procedure if you are subject to threats or intimidation as a victim
A crime victim also has a right to:
- notification of all criminal proceedings and charges filed against the defendant, with the exception of initial appearance, and the right to be present at all proceedings
- necessary information regarding the appropriate agencies from which you may request information
- an explanation of the pre-sentence report and the right to make a written or oral statement to the probation officer, and a right to review the pre-sentence report
- be notified of the time and place of any sentencing hearing and to make a written or oral statement, or present any information at a sentencing proceeding or any other proceeding as authorized by law
- information regarding the return of any property taken
- be provided the date of conviction, acquittal or dismissal of charges against the defendant and the sentence imposed
- refuse an interview or other communication with the defendant, his attorney or anyone acting on his behalf
- the status and results of any post-conviction appeal
- be provided a waiting area separate from the defendant, his relatives, and defense witnesses if available and practical
- submit a statement to be entered into the inmate's records that you are to be notified of release, on bond, from prison, escape, re-arrest, or death of the prisoner
- information regarding collection of restitution
- any release opinion by the Alabama Department of Mental Health
- be notified of any Pardon and Parole Board hearings and the right to be present and heard at such hearings
On January 1, 1996, the State of Alabama enacted the Crime Victims' Bill of Rights. These rights, found in Article 3, Sections 15-23-60 through 15-23-84 of the Code of Alabama, 1975, define certain rights granted to victims of crime. Below are links to to the actual law from the Code of Alabama.
Crime Victims' Rights
Article 3, Sections 15-23-60 through 15-23-84 of the Code of Alabama, 1975
- Section 15-23-60 Definitions.
- Section 15-23-61 Designated representative.
- Section 15-23-62 Law enforcement agency required to provide victim with information concerning services, compensation benefits, etc.
- Section 15-23-63 Prosecuting attorney required to notify victim of charges and proceedings; request for notice.
- Section 15-23-64 Prosecuting attorney required to confer with victim prior to final disposition of offense.
- Section 15-23-65 Prosecuting attorney required to confer with victim before commencement of trial.
- Section 15-23-66 No right to direct prosecution.
- Section 15-23-67 Right to be present throughout proceedings.
- Section 15-23-68 Waiting area for victim; court to minimize contact of victim with defendant.
- Section 15-23-69 Testimony concerning information about victim; information about victim in court file.
- Section 15-23-70 Right to refuse defendant's request for interview.
- Section 15-23-71 Plea agreement.
- Section 15-23-72 Right to pre-sentence information.
- Section 15-23-73 Impact statement; right to review pre-sentence investigative report.
- Section 15-23-74 Right to present evidence, statement, etc., during sentencing or restitution proceedings.
- Section 15-23-75 Right to information concerning defendant's sentence, request for notice, post-conviction review, etc.
- Section 15-23-76 Right to be present and heard at court proceeding.
- Section 15-23-77 Right to have property returned.
- Section 15-23-78 Right to information from agency having physical custody of prisoner.
- Section 15-23-79 Submission of victim's statement into prisoner's records.
- Section 15-23-80 Facility with custody of defendant to send victim release opinion.
- Section 15-23-81 Victim to respond to subpoena or to participate in proceeding preparation without loss of employment or fear of loss.
- Section 15-23-82 Clerk of court to accept and disburse restitution.
- Section 15-23-83 Assertion of rights by Attorney General or district attorney.
- Section 15-23-84 Failure to provide right or notice not grounds for setting aside sentence.
Download the Alabama Crime Victims' Rights