Or. Admin. Code § 137-078-0030

Current through Register Vol. 63, No. 11, November 1, 2024

Section 137-078-0030 - Program Content: Core Services

The Program shall provide core services to victims of all types of crime, with particular emphasis on serious crimes against persons. The core services shall be coordinated with available community and government based programs that serve crime victims within the jurisdiction of the City of County Program, in order to maximize benefits to crime victims. The core service categories are as follows:

(1) Service Category: Victims' Rights Notification: "Inform victims, as soon as practicable, of the rights granted to victims under Oregon law;"

(a) Service Definition: Establish a written procedure for notification to crime victims of their rights in Oregon.

(b) Specific Service: Provide notice to victims of crime about their rights as a crime victim as soon as practicable including providing information about specific rights which must be requested to become rights, and provide access to information about how to remedy situations where crime victim notification rights are not honored.

(2) Service Category: "Ensure that victims are informed, upon request, of the status of the criminal case involving the victim;"

(a) Service Definition: Establish a written procedure for notification to crime victims of any critical stages* of the criminal case as defined in ORS 147.500(5).

(b) Specific Services: Upon crime victim request inform crime victims in advance of any critical stage of the proceeding.

(3) Service Category: Advocate for victims of serious person crimes as they move through the criminal justice system and advocate, when requested, for all other victims of crime ":

(a) Service Definition: Establish written procedures on providing "advocacy" which is defined as the act of assisting crime victims and family members through the aftermath of a crime, ensuring their rights are honored within the criminal justice system.

(b) Specific Services: Advocacy for the purposes of these rules includes advocacy of the core services outlined in the approved Program application as well as acting as a liaison in locating and utilizing resources to improve the crime victims' emotional and mental health.

(4) Service Category: "Assist victims in preparing restitution documentation for purposes of obtaining a restitution order":

(a) Service Definition: Establish a written procedure for assistance to crime victims in obtaining restitution or compensation for medical or other expenses incurred as a result of the criminal act;

(b) Specific Service:

(A) Identify and contact crime victims who have sustained monetary losses and obtain verification of those losses (estimates of damage, salary verification, etc.);

(B) Make available to the Prosecuting Attorney and courts documentation of losses incurred by the crime victims;

(C) Assist crime victims when it is necessary for them to attend a restitution hearing;

(D) Assist crime victims who inform the Program of non-receipt of restitution payments by providing referral to persons who may assist the crime victim in obtaining a remedy for a violation of crime victims' right;

(5) Service Category: "Prepare victims for court hearings by informing them of procedures involved":

(a) Service Definition: Establish a written procedure to prepare crime victims for the various court stages through which a case progresses;

(b) Specific Service: Prepare crime victims, when practicable, either by written or oral communication, of the various court procedures through which a case progresses (grand jury, arraignment, plea trial, etc.).

(6) Service Category: "Accompany victims to court hearings when practicable and requested":

(a) Service Definition: Establish a written procedure to describe the circumstances under which crime victims may be accompanied to court hearings by Program personnel, consistent with the purpose of providing support and information when deemed necessary or upon request. The procedure shall define when this service is not practicable.

(b) Specific Service:

(A) Upon request or when deemed necessary by the Program staff, arrange for advocate(s) to accompany crime victims to court;

(B) When possible, advocates who accompany crime victims to court will remain with crime victims throughout their court appearances.

(7) Service Category: "Involve victims when practicable or legally required in the decision-making process in the criminal justice system":

(a) Service Definition: Establish a written procedure for crime victims' input into the decision-making process, both at the prosecutorial and the judicial level;

(b) Specific Service:

(A) Involve the crime victims in the sentencing process, including appearances at sentencing hearings, making the court aware of the victim's presence, and facilitating the crime victim's involvement in the preparation of pre-sentence reports and the "Victim Impact Statement";

(B) Upon the crime victims' request, and to the extent practicable, insure consultation with crime victims of violent felonies regarding the plea discussions before final plea agreements are made.

(8) Service Category: "Inform victims of the processes necessary to request the return of property held as evidence":

(a) Service Definition: Establish a written procedure to inform crime victims and all family members of deceased crime victims of the process for the return of property held as evidence;

(b) Specific Service:

(A) Refer crime victims to those criminal justice authorities responsible for the return of property held as evidence;

(B) Intercede on behalf of crime victims with those criminal justice authorities responsible for the return of property in order to obtain the early release of victims' property when necessary;

(9) Service Category: "Assisting victims with the logistics related to court appearances when practicable and requested":

(a) Service Definition: Establish a written procedure to assist victims facing logistical barriers to appearing in court;

(b) Specific Service:

(A) Assist crime victims in arranging for the provision of temporary child care when appropriate;

(B) Upon request, arrange for transportation of crime victims when deemed necessary for their participation in the criminal justice proceedings;

(C) Upon request, intercede with an employer on the crime victims' behalf where the need for court appearance has caused, or will cause, an employed person to lose time from work and possibly jeopardize his/her employment in compliance with ORS 659A.272.

(10) Service Category: "Assist victims of crimes in the preparing and submitting Crime Victims' Compensation Program ("CVCP") claims to DOJ under the Act":

(a) Service Definition: Establish a written procedure for notification to crime victims and relatives of deceased victims of compensable crimes under the Act of the existence of the CVCP. When requested, or determined to be necessary by CVSD, assist crime victims in collecting required documentation, completing and submitting CVCP applications.

(b) Specific Service:

(A) Notify crime victims of the existence of the CVCP and provide an explanation of available benefits by providing crime victims and relatives with an informational brochure and an application form;

(B) When requested, assist crime victims and relatives, who are not able to do so independently, in gathering information and completing their applications in order to submit a claim for compensation under ORS 147.005 to 147.365.

(C) Upon request, inquire as to the claim status and payments with the CVCP.

(11) Service Category: "Encourage and facilitate victims' testimony":

(a) Service Definitions: To develop practices to address the interests, needs, and safety of crime victims in order to encourage and facilitate crime victims' testimony;

(b) Specific Service:

(A) Orient personnel of the criminal justice system, who will or may have contact with crime victims, to the needs of crime victims in general and in special circumstances, to the needs of particular crime victims;

(B) Provide a safe waiting area separated from the defendant, defendant's family and friends;

(C) Notify the appropriate law enforcement agency if protection of the crime victim is requested or deemed necessary by staff;

(D) When deemed necessary, advise the proper authorities of the need to include no contact provision with the crime victim as a condition of a release agreement and order and sentencing judgment;

(E) In those cases where tampering with or harassment of a crime victim occurs, encourage prosecutors to file proper charges and to give the charges priority in prosecutorial charging decisions;

(F) When hearings are cancelled, insure that a procedure exists to notify crime victims who have been requested or subpoenaed to appear, that the hearing has been cancelled, and that the victims' appearance has been excused, or continued to a future date, as the case may be;

(G) The services listed above may be provided to a witness to a crime, as deemed necessary or appropriate by CVSD in circumstances where the witness has been traumatized by the crime.

Or. Admin. Code § 137-078-0030

JD 5-1983(Temp), f. & ef. 9-9-83; JD 1-1984, f. & ef. 3-5-84; DOJ 14-2010(Temp), f. 7-27-10, cert. ef. 8-2-10 thru 1-28-11; DOJ 17-2010, f. 11-29-10, cert. ef. 12-1-10

Stat. Auth.: ORS 147

Stats. Implemented: ORS 147.227