ADMINISTRATION, ORGANIZATION, AND MANAGEMENT
Faye Fagel, Director
Article 1, Section 42 of the Oregon Constitution
ORS 147.005 thru 147.471 (Compensation of Crime Victims)(General Provisions)
ORS 419C.461 (Disposition for graffiti related offenses)
ORS 419C.465 (Service to victim)
Department Policy: Probation Restitution Policy 130.14
Department Forms: Victim Notification Documentation Checklist
Victims Rights Request Form
Restitution Information Form
Victim Impact Form
Victims Packet: Packet of information provided to victims of juvenile crimes, including: Victim Impact Form, Victims Rights pamphlets, restitution Information Form.
Victims Rights Request Form: Form used for victims of juvenile crime to indicate which rights they wish to exercise.
Restitution Information Form: Form used by victims of juvenile crime to document loss or damage and monetary restitution requested.
Victim Impact Form: Form used by victims of juvenile crime to indicate the impact the crime had upon them.
Victim Rights Pamphlet: Pamphlet provided to victims of juvenile crime, which informs them of their rights.
Critical Stage Hearings: Any court hearing the victim of a crime has a right to attend and in some cases provide input and testimony to the court.
Victim Policy Flow Chart: A document that provides a procedural process for implementation of this policy.
Victim’s Survey: A survey sent to all victims at the closure of cases to gather feedback on services provided by the Juvenile Department and suggestions for improvement.
Restitution Final Notice Letter: A letter sent to crime victims to inform them of the exact amount of restitution that was ordered in the case.
Crime victims have rights. The Juvenile Department is committed to making timely contact with crime victims and working with them to understand and exercise their rights.
Crime victims have the right to justice, a right to a meaningful role in the juvenile justice system, a right to fair and impartial treatment and a right to be treated with dignity and respect.
Crime victims have legal rights many that go into effect automatically. Some rights must be requested before they go into effect.
· Upon request, the right to be informed in advance of any critical stage of the proceedings held in open court when the alleged juvenile offender will be present.
· The right to attend any proceedings that happen in open court when the alleged juvenile offender is there.
· The right to certain information pertaining to the juvenile: adjudication and disposition, criminal history, custody, and future release from physical custody.
· Upon request, the right to have their address and phone number withheld from the juvenile.
· The right to appear personally or with an attorney, in addition to the Deputy District Attorney, and express their views at sentencing/disposition.
· Upon request, the right to be informed of changes in court dates and hearings.
· Upon request, the right to be notified of release hearings.
· The right to be involved with the request for setting or resetting court dates.
I. General Standards:
A. In implementation of this policy, department staff will adhere to the process for victim notification, decision making and documentation as outlined in the Victim Policy Flowchart.
B. Even if a crime victim has not elected initially to exercise his or her rights, they can at any future point do so.
II. Juvenile Detained On a New Law Violation
A. Detention staff will review the Probable Cause and clarify victim information with law enforcement. Absence of the victim demographics does not necessarily invalidate the Probable Cause.
B. The Intake Probation Officer (IPO) will attempt to contact the victim(s) listed on the Police Report/Probable Cause to notify them that the juvenile is in custody and the date, time, and place of the detention hearing.
C. The IPO will note on the Victim Notification Documentation Checklist that the victim was notified and what their intentions are in regard to attending the hearing.
1. If contact with the victim(s) was unsuccessful, the assigned Probation Officer (PO) will be notified to make contact with the victim(s).
2. Before the Detention Hearing, the PO will check with Court Reception to determine if the victim(s) is in attendance and pickup the paperwork for court. The PO will take the necessary steps to ensure victim safety and security while waiting for court, in the event that there are family or friends of the defendant present.
D. At the Detention Hearing, the PO will provide the Victim Notification Form to the Judge.
E. Following the hearing, the PO will answer victims’ questions and provide them with the Victim Packet as well as available information regarding subsequent hearings.
1. The PO is responsible to get the Victim Packet to the Victim if they do not attend the initial detention hearing.
III. Juvenile Referred Through Non-Custody Police Report
A. An Intake Probation Officer (IPO) will review the file and determine the assignment of the case.
B. If a referral is to be closed without any action or sent to a Diversion Program, Intake/Records will send a No Action or Diversion Victim Letter/Packet to the victim(s) listed on the case and put a copy in the file.
C. Cases assigned to a PO will be returned to Records/Support Staff who will send a Victim Packet to victim(s) identified in the Police Report. In cases where the allegation is the sexual offense of a minor, the packets are to be sent to the minor victim’s parent/guardian.
D. The person who sends out the Victim Packet will note in JJIS that the packet has been sent.
E. Prior to entering into a Formal Accountability Agreement (FAA) on any alleged act that if committed by an adult would constitute a violent felony (involves actual or threatened serious physical injury to a victim or is a sexual offense), the Juvenile Department must verify that the District Attorney has consulted with the victim(s).
F. When cases are scheduled for formal Court processing, the PO will notify the victim(s) of the initial Court Hearing regardless of whether the victim(s) has received the Victim Packet yet, unless the victim has returned the Victims Rights Request Form and indicated they are not interested in notification. The PO will answer any preliminary questions and encourage the return of the Victim’s Rights Request Form. The PO will provide the District Attorney’s Office with the victim(s) address and phone numbers.
G. If victims have chosen to exercise their rights, the District Attorney’s Office will notify them of charging decisions and hearings through adjudication of the case.
H. POs are responsible for notifying victim(s) who have elected to exercise their rights, of all post Adjudication Hearings.
III. Sex Offenses
The District Attorney will assign a Victims’ Rights Advocate who is responsible for victim notification. If the alleged juvenile is detained in Detention outside regular business work days or hours, the Intake PO will notify the victim of the initial detention hearing.
A. If the case is a person-to-person allegation with serious injury or death, the District Attorney Victims’ Rights Advocate will be responsible for victim(s) notification.
B. The District Attorney Victims’ Rights Advocate may assume the responsibility for victim(s) notification and support in other cases as determined on a case-by-case basis by the Juvenile Department and District Attorney’s Office.
C. Victim Rights Request Forms that are returned by the victim(s) will be forwarded to the assigned PO. The PO will review the form noting the requested rights. The requested rights will be documented in JJIS and on the Victim Notification Documentation Checklist.
D. The PO and the District Attorney Office will provide each other with a copy of all returned Victim Rights Request Forms.
IV. Victim Protection
PO’s will assist in the protection of victims by making No Contact Conditions part of Release Agreements and Conditions of Probation as warranted or requested by victims. PO’s will respond quickly and appropriately to violations of such No Contact Orders.
V. Information to Victims
Victims have the right upon request to obtain information:
1. Regarding the adjudication, disposition, and criminal history of a juvenile.
2. The juvenile is in detention and the future release from confinement.
Victim Impact Statement:
Victims of crime will be given the opportunity to share how they were impacted by the crime through the use of a Victim Impact Statement. Victim input will not be limited to the Victim Impact Statement alone. Information from the victim(s) may be used in the development of an appropriate case plan with the offender. The Judge may also be given the Victim Impact Statement to review at the dispositional stage of the proceedings. A Victim Impact Statement may be kept in the juvenile offender’s file but is not considered part of Discovery. Only the Judge may allow release of a Victim Impact Statement to a defense attorney.
A. The Juvenile Department will pursue recovery of the restitution requested by victim(s).
B. When a case is assigned to a PO, a Restitution Information Form will be sent to the victim(s) of the crime. A Victim Information letter will be sent to victim(s) when a case is being closed with no action or referred to a diversion program. Some diversion programs such as Peer/Teen Courts and Victim-Offender Mediation have their own internal process for determining victim restitution.
C. For cases being handled at Intake or through a Formal Accountability Agreement, the amount of restitution requested will be considered in light of the juvenile offender’s ability to pay and the impact on the case plan. The PO will attempt to include the highest amount of the restitution requested in the case plan.
D. The Court may order a juvenile offender to perform personal service for the victim(s) as a condition of probation. The juvenile, his/her parents, and the victim must agree. Personal service performed will constitute full or partial satisfaction of any restitution ordered.
E. When restitution is being considered as a disposition in the formal court process, the entire amount requested by the victim(s) will be presented and recommended to the Court. An appropriate payment schedule will always be included in the disposition recommendation. Once restitution has been ordered, the victim(s) will be notified of the amount through the Final Restitution Notice letter. The letter will include the full amount of restitution ordered and any payment schedule.
F. If a juvenile offender contests the amount of restitution being recommended, there may be a Restitution Review Hearing. The District Attorney’s office will represent the interests of the victim(s) in such a hearing and will arrange for testimony and evidence to present.
G. Once restitution is ordered, the PO will utilize all available resources to assist the juvenile in paying off restitution. This includes access to Department Programs such as Matrix and Fuel in addition to employment readiness strategies.
VII. Transfer of Cases
If the case is being transferred to another agency (OYA or another county juvenile department), PO’s will notify victims who have elected to exercise their rights. Notification will be by letter including the name of the supervising worker and contact information.
VIII. Victim Surveys
Victims of juvenile crime will be given the opportunity to provide feedback and suggestions through a Victim Survey mailed at the conclusion of the juvenile offender’s case. Victim surveys that are returned will be routed to the Deputy Director. If a victim has noted that he or she wishes to speak to someone regarding concerns, the survey will be forwarded to the Probation Supervisor covering the PO assigned the case. The Supervisor will contact the victim and respond as appropriate to his or her concern.
All information pertaining to victims will be documented in JJIS, including updating contact information, documenting when letters and information are sent to victims, and all direct contact made with victims.