Victim Rights
If you are a victim and have not signed a victim rights sheet, please use this form to view and acknowledge your rights.
https://forms.gle/12EnmGVnTVncfac49
Victim Rights from the Tribal Comprehensive Code of Justice
Sec. 247. Victim Rights.
(a) A victim of a crime under this section shall have the following rights: (1) To be treated with fairness, respect, and dignity and to be reasonably protected from intimidation, harassment, or abuse throughout the criminal justice process; (2) To be informed of financial assistance and other social services available as a result of being a victim, including information on how to apply for the assistance and services; (3) To be informed of the procedures to be followed in order to apply for and receive any restitution to which the victim is entitled; (4) To be informed of all hearing dates; (5) To be present at all hearings and at sentencing of the Defendant, unless prohibited by the rules of evidence or other applicable law; (6) To be heard at any proceeding involving the Defendant’s release or sentencing.
(b) The Tribal Prosecutor shall make reasonable efforts to notify a victim of a crime under this section when the Tribal Prosecutor has decided to: (1) Decline the prosecution of the crime involving the victim; (2) Release of the accused pending judicial proceedings; (3) Withdraw the criminal charges filed against the accused; or (4) Enter into a plea agreement with the accused. (c) The Tribal Prosecutor shall ensure the victim is notified of their rights herein. (d) Law Enforcement Duties to Victim of Partner or Family Member Assault. (1) Notice of Rights. A law enforcement officer who responds to an incidence of domestic violence, partner or family member assault is expected to provide a written report, regardless if an arrest has been made. The law enforcement officer shall further provide the alleged victim with the following Notice of Rights: “As a victim of partner or family member assault, you have certain rights. These rights are as follows: (A) The right to request that charges be pressed against your assailant; (B) The right to request protection from any harm or threat of harm arising out of your cooperation with law enforcement and prosecution efforts as far as facilities are available and to be provided with information on the level of protection available; and (C) The right to be informed of financial assistance and other social services available as a result of being a victim, including information on how to apply for the assistance and services.” (D) The right to be informed of financial assistance and other social services available as a result of being a victim, including information on how to apply for the assistance and services.” (2) Emergency Temporary Order of Protection. When the court is not open for business, the victim of an offense under this section may request a petition for an emergency temporary order of protection. The law enforcement officer making the preliminary investigation shall: (A). Provide the victim with a form petition for an emergency temporary order of protection and, if necessary, assist the victim in completing the petition form. The petition shall be in substantially the same form as a temporary order of protection provided in CCOJ Sec. 401-A. (B) Immediately notify by telephone or otherwise, a tribal judge of the request for an emergency temporary order of protection and describe the circumstances. The judge shall inform the peace officer of the decision to approve or disapprove the emergency temporary order. (C) Immediately inform the victim whether the judge has approved or disapproved the emergency temporary order. If an emergency temporary order has been approved, the officer shall provide the victim, or a responsible adult if the victim is a minor child or an incompetent person, with a copy of the petition and a written statement signed by the officer attesting that the Judge has approved the emergency temporary order of protection and notify the victim that the emergency temporary order shall be effective only until the close of business on the next day that the Court is open for business. (D) Notify the person subject to the emergency temporary order of protection of the issuance and conditions of the order. Notification pursuant to this Paragraph may be made personally by the officer or in writing. A copy of the petition and the statement of the officer attesting to the order of the Judge shall be made available to such person; and (E) File a copy of the petition and statement of the officer with the Court immediately upon the opening of the Court on the next day it is open for business.
