Massachusetts District Attorneys Association the massachusetts prosecutors’ manual: domestic violence & sexual assault

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2.3.2.The Victim Bill of Rights
2.3.3.Summary for Victims and Witnesses

2.3.VICTIM RIGHTS

2.3.1.Victim Compensation

Victims of violent crime occurring in Massachusetts who suffer physical or psychological injury can apply for victim compensation, regardless of citizenship status. Mass.Gen.Laws ch. 258C and 940 CMR 14.00. If eligible, the victim has access to a maximum of $25,000. The Victim Compensation Program is administered by the Office of the Attorney General.

Victim Compensation Program Requirements:
1) The Victim must report the crime to a law enforcement agency

Several agencies satisfy this requirement: federal, state or local police; school, college or university police; 209A Affidavit; 51A or other report to DSS if children are involved; Housing Authority; M.B.T.A. police; Disabled Persons Protection Commission (DPPC) or the Department of Elder Affairs.
Reports are to be made within 5 days of the crime. However, exceptions may be made in cases with good cause for delay, and are regularly made for victims of rape and domestic abuse.

2) The victim must apply within the statute of limitations, which is generally within three years of the crime.

If the victim is a minor, she has until age 21.
If the victim was a minor at the time of the crime, and complaints or indictments issue after she is 21, she has until 3 years after the issuance of the complaint or indictment.
In cases where a crime is not discovered until more than three years after it was committed, the claimant may be able to file upon discovery of the crime if criminal complaints or indictments issue (i.e., missing person determined to be a homicide victim).

3) The victim must exhaust all other benefits, public and private.

Victim Compensation is considered a ‘fund of last resort.’ Any public or private entitlements must be exhausted including: private health insurance, workers compensation, disability insurance, unemployment compensation, Medicaid, Social Security benefits, Medicare, restitution, or proceeds from a civil suit.

4) The victim must submit a one page application to the Division.

Including copies of the 209A order or police report will expedite processing time.
After the application is received, the Victim Compensation Program Division will determine eligibility and send a decision letter to the victim.
If the Division finds a claim eligible and awards expenses, the victim will receive a letter that outlines the amount she is eligible to receive.
If the victim agrees to the amount she will sign a “Notice of Assent” and mail it back to the Division. A check will then issue.
If the victim does not agree, she may request an administrative reconsideration from the Program Director. Requests for Reconsideration must be filed in writing within 15 days of receiving the decision letter. Alternatively, she may petition for judicial review in District Court, either within 30 days of the mailing of the initial decision letter, or within 20 days of the mailing of the administrative review letter.
Claims may be re-opened to investigate ongoing crime-related expenses, until the maximum amount of $25,000 has been exhausted.

Income Levels:

Income levels and citizenship status are not barriers to applying for compensation. The awards are, by law, not included in public assistance eligibility, and cannot be used as grounds for making someone ineligible for public assistance.

Expenses Covered:

Medical services and supplies (ambulance, plastic surgery, physical therapy and pharmaceutical supplies); dental; counseling (including children who have witnessed the violence, and family members of homicide victims); loss of financial support for dependents of victims of homicide; lost wages for victims as a result of crime-related disability; replacement homemaker services (if victim was full-time homemaker one year prior to the crime); and funeral/burial expenses up to $4,000.
Timelines:

Reimbursement generally takes four to six months. In the interim, the Victim Compensation Division of the Attorney General’s Office may intervene with providers and creditors to try and facilitate the provision of services.

Additional Information and Assistance:

Call the Victim Compensation and Assistance Division of the Office of the Attorney General, at (617) 727-2200.

2.3.2.The Victim Bill of Rights

Certain services to victims were codified as rights in 1983, in the “Victim Bill of Rights.” Mass.Gen. Laws. ch. 258B. The statute was significantly expanded by amendment, Chapter 24 of the Acts and Resolves of 1995, effective August 13, 1995.

The most compelling and powerful provisions are that the victim has the right to present a Victim Impact Statement at both the time of sentencing and at parole hearings, and that the victim has the right to confer with the prosecutor at all important stages of prosecution. (However, violations of the Victim Bill of Rights do not give the victim a cause of action, and the rights afforded by the statute are subject to “the availability of state funds.”)
A brief summary of the first five sections of the statute follows:
Section One:

Definitions are provided. “Victim” includes any natural person who suffers direct or threatened harm (physical, emotional, or financial) as the result of a crime, as well as the family of the injured person if the person is a minor, an incompetent, or deceased.

Section Two:

Prosecutors are not precluded from providing services to victims in cases where complaints or indictments are not issued.

Section Three:

Rights are specified. The rights are afforded to “provide victims a meaningful role in the criminal justice system.” Priority in appropriation is to be given to victims of crimes against the person, and crimes where physical injury results. Notification services are specified, as are a victim’s rights to be heard. “Subject to appropriation and to available resources” victims “shall be afforded the following basic and fundamental rights”:

(the rights are grouped here by topic to provide a summarized list; the original paragraph letters of the bill are retained for reference to the statute).
Notification Services:

(a) to be informed of victim’s rights, the victim’s role in the process,

and if requested, significant developments in the case

(b) to be notified of schedule changes (prosecutors are to provide a

notification form)

such protection from local law enforcement agencies

(d) to be informed of financial assistance and other social services

(e) to be informed of the right to request confidentiality

(f) to be informed how to get witness fees

(g) to be informed of the right to submit to or decline an interview by

defense counsel or anyone acting on the defendant’s behalf, and the right to impose conditions on the conduct of an interview

(h) to be informed by probation officers of any request for modification of a

restitution order

(i) to be informed of the final disposition of the case, to be provided

an explanation of the type of sentence imposed by the court, and to receive a copy of the court order setting forth the conditions of probation, and the name and telephone number of the probation officer

(j) to be informed by the parole board of the defendant’s parole

eligibility and status

(k) to be informed when the defendant is released, transferred or

has escaped; to access CORI; victims must provide current address and telephone information

(l) to be informed of the possible right to pursue a civil action for

damages relating to the crime

Rights to Participate and/or be Heard:

(a) to be present at all court proceedings (except when the victim or

family member is to testify and the judge determines that the testimony would be materially affected by hearing other testimony)

(b) to confer with the prosecutor before trial, before any hearing on

confidential records, and before a nolle prosequi, sentencing recommendation, or termination of prosecution (but the right to confer does not include the authority to direct); prosecutors are required to inform the judge of the victim’s position on a sentencing recommendation, if known

pre-sentence report (probation officer is required to record on the pre-sentence report the victim’s unavailability or unwillingness to confer

(d) to request that restitution be a part of the final disposition;

to get assistance from prosecutors in documenting their financial losses; to receive a restitution payment schedule and the name and phone number of the probation officer; to be notified of and heard at any hearing involving a modification to a restitution order

(e) to be heard through oral and written victim impact statements at

disposition; to be heard at any other time deemed appropriate by the judge; to submit a Victim Impact Statement to the parole board’s records
Other Rights:

(a) to a prompt disposition of the case

(b) to a secure waiting room during court proceedings (when available), separate from the defendant and to safeguards minimizing contacts with the defendant or defendant’s family, friends, attorneys, or witnesses

victim’s loss of pay during the trial process, and “seek consideration from creditors” if the victim is unable to pay

(d) protections for victims and witnesses from discharge, penalty or

discipline by employers for attending a criminal proceeding upon receipt of a subpoena to testify; authorizes sanctions for employers who violate this clause

(e) to have personal property returned within ten days if not needed or

as expeditiously as possible when no longer need for prosecution/ law enforcement purposes.

(f) for one family member of a homicide victim to possess in court a

non-inflammatory picture of the deceased victim, not larger than 8 x 10 inches, as long as it is not shown to the jury or jury pool and provided it does not preclude the admission of a photograph that is relevant and material.

Section Four:

Powers and duties of the Victim and Witness Assistance Board are delineated.

Section 5:

Programs to be created by District Attorneys are listed. Each office shall have a victim/witness program to deliver the rights and services described in the bill.

Section 11:

The rights and duties extend until final disposition, including acquittal, dismissal, post-conviction relief proceedings, and appellate proceedings.

2.3.3.Summary for Victims and Witnesses

The Massachusetts Office for Victim Assistance (“MOVA”) compiled a summary of the rights of victims and witnesses, written in accessible language, that you may wish to provide to victims and witnesses. A copy follows.
The Massachusetts Victim Bill of Rights
The Massachusetts Victim Bill of Rights (M.G.L. c.258B) provides certain rights and services to crime victims and survivors in order to ensure a meaningful role for them in the criminal justice system. Victims and survivors of violent crimes are given priority status for services. If you wish to be notified of the status of a pending criminal case, you should provide your victim witness advocate, prosecutor and others in the criminal justice system with a current address and phone number at which you can be reached.

The Right to be Informed about Victim Rights and Services in the Criminal Justice System:

You have the right to be informed of how a criminal case progresses through the system, what your role is in the process, what will be expected of you, and why.

You have the right to be informed of rights and services available to victims in the court process.

You have the right to be informed on matters involving applying for social services, financial assistance and certification to receive information about an offender.

The Right to Receive Specific Information about the Criminal Case Involving You:

You have the right to be updated on significant developments in the case upon request.

You have the right to be notified in a timely manner of any changes in schedule for court appearances for which you have been ordered to appear.

You have the right to be notified of the final disposition of the case, including an explanation of the type of sentence imposed and a copy of the conditions of probation, if any.

You have the right to be notified by the offender’s supervising probation officer whenever that offender seeks to change a restitution order.

The Right to be Heard and Present at Court Proceedings:

You and your family members have the right to be present at all court proceedings unless you are required to testify and the judge determines that your testimony may be influenced by your presence.

You have the right to submit an oral and/or written Victim Impact Statement to the court at sentencing about the physical, emotional and financial effects of the crime on you and about your opinion regarding the sentence to be imposed.

You have the right to submit your Victim Impact Statement to the Parole Board as part of its records on the offender.

You have the right to be heard at any hearing in which the offender is seeking to change a restitution order.

You have the right to be heard at any other time deemed appropriate by the judge.

The Right to Confer with Key Officials at Key Stages in the Court Process:

You have the right to confer with the prosecutor before the start of the case, before a case is dismissed, and before a sentence recommendation is made.

You have the right to confer with the prosecutor whenever a defense motion is made to obtain any psychiatric records or other confidential information.

You have the right to confer with the probation officer about the impact of the crime on you before the officer files a full pre-sentence report on the offender with the court.

The Right to Financial Assistance:

If eligible, you have the right to apply for Victim Compensation for certain out-of-pocket expenses, such as medical, counseling or funeral costs, or lost wages incurred as a direct result of the crime.

You have the right to be informed by the court and the prosecutor of the procedures to apply for and receive a witness fee for each day that you are required to be in court.

You have the right to request that the judge order the offender to pay restitution for your crime-related financial losses, and to receive a copy of the offender’s schedule of restitution payments from the offender’s supervising probation officer.

If applicable, you have the right to initiate a civil lawsuit on your own for damages resulting from the crime by consulting a private attorney.

The Right to be Notified of an Offender’s Release or Status While in Custody:

Upon request, you have the right to advance notification whenever the offender is moved to a less secure correction facility.

Upon request, you have the right to advance notification whenever the offender receives a temporary, provisional or final release from custody.

Upon request, you have the right to immediate notification whenever the offender escapes from custody.

You have the right to be informed by the Parole Board of the offender’s parole eligibility.

If eligible, you have the right to obtain additional information about the offender, such as a criminal record or the offender’s compliance with the terms of a sentence.

The Right to Other Protections in the Criminal Justice System:

You have the right to request confidentiality during the court proceedings for yourself and family members on personal information such as home address, telephone number, school and place of employment.

You have the right to information regarding certain protections by law enforcement from harm or threats of harm caused by your cooperation with the court process.

Subject to available resources, you have the right to be provided with a safe and secure waiting area, which is separate from the defendant and the defendant’s family during court proceedings.

You have the right to a prompt disposition of the criminal case involving you.

You have the right to refuse or agree to participate in interviews with the defense team before trial, or to set reasonable conditions on the conduct of any such interview if you choose to be interviewed.

You have the right to request intercession by the prosecutor’s office with your employers or creditors if the crime or your involvement in the court process causes problems in meeting work or payment obligations.

If you are a survivor of a homicide victim, you have the right to bring a small picture of your loved one into the courtroom.

You have the right to receive referrals for assistance to statewide resources and local social service agencies.

You have the right to have any personal property that was stolen or taken for evidentiary purposes returned to you by the court, the prosecutor, or law enforcement agencies within ten days of its taking, or as expeditiously as possible when said property is no longer needed, unless it is needed by law enforcement for prosecution or law enforcement purposes.

Statewide Victim Resources
For help and information on victim rights and services, call:

Massachusetts Office for Victim Assistance

Victim and Witness Assistance Board

(617) 727-5200
For information on applying for Victim Compensation, call:

Victim Compensation and Assistance Division

Office of the Attorney General

(617) 727-2200
For information on the rights of victims in federal crimes, call:

U.S. Attorney’s Office

Victim/Witness Assistance Program

(617) 748-3140
For information on how you can become certified to receive information on convicted offenders, call:

Criminal History Systems Board

Victim Service Unit

(617) 660-4690
For information on the status of an offender incarcerated in state prison, call:

Massachusetts Department of Correction

Victim Service Unit

(978) 369-3618
For information on an offender’s parole eligibility, call:

Massachusetts Parole Board

Victim Service Unit

(508) 242-8227
For information on a juvenile in state custody, call:

Massachusetts Department of Youth Services

Victim Services Unit

(617) 960-3290
Victim Witness Assistance Programs
The District Attorney’s Office for each county in Massachusetts and the Attorney General’s Office have established Victim Witness Assistance Programs to help crime victims during the prosecution of a case. For information and assistance about a crime in which you were a victim, call the Victim Witness Assistance Program in the county in which the crime occurred.
Attorney General’s Criminal Bureau: (617) 727-2200

Berkshire County Victim Assistance: (413) 443-3500

Bristol County Victim Assistance: (508) 997-0711

Cape and Islands Victim Assistance: (508) 362-8113

Essex County Victim Assistance: (978) 745-6610

Hampden County Victim Assistance: (413) 747-1038

Northwestern District Victim Assistance: (413) 586-9225

Middlesex County Victim Assistance: (617) 679-6500

Norfolk County Victim Assistance: (781) 830-4800

Plymouth County Victim Assistance: (508) 894-6307

Suffolk County Victim Assistance: (617) 619-4000

Worcester County Victim Assistance: (508) 792-0214

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