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Conditions of Pretrial Release


Issue: Examples of victims rights provisions relating to bail and conditions of pretrial release. (Ch. 12, Sub A-2)

Most victims' rights provisions are considerably longer, and are included as a "Victim's Bill of Rights" in constitutions or statutes. I have excerpted the parts pertaining to bail and conditions of release in these few.

AZ- A.R.S. @ 13-4407 (1996)- Upon the request of the victim, the custodial agency shall provide a copy of the terms and conditions of release.

A.R.S. @ 13-4422 (1996)- The victim has the right to be heard at any proceeding in which the court considers the post-arrest release of the person accused of committing a criminal offense.

CO- C.R.S. 24-4.1-302.5 (1996)- (c) The right to be informed, upon request by the victim, when a person who is accused or convicted of a crime against the victim is released or discharged from custody, (d) The right to be heard at any court proceeding which involves a bond reduction or modification.

ND- N.D. Cent. Code, @ 12.1-34-02 (1995)- Victims must also be informed by the prosecuting attorney of the pretrial status of each person arrested, including bail and any pretrial release conditions.

PA- 71 P.S. @ 180-9.3 (1996)- to receive immediate notice of the release of the offender on bail.

RI- R.I. Gen. Laws @ 12-28-3 (1996)- Victims have the right to be notified by law enforcement authorities of the arraignment of the alleged perpetrator before a court empowered to set bail; and to be informed of the release of the alleged perpetrator on bail or personal recognizance

SC- S.C. Code Ann. @ 16-3-1530 (1996)- A victim or prosecution witness has a right to be informed of a defendant's release on bail and to provide recommendations to the magistrate.

SD- S.D. Codified Laws @ 23A-28C-1 (1997)- Victims have the following rights: (1) Notification of scheduled bail hearings and release from custody.

TX- Tex. Code Crim. Proc. art. 56.02 (1997)- Victims have the right to have the magistrate take the safety of the victim or his family into consideration as an element in fixing the amount of bail for the accused.

VT- 13 V.S.A. @ 5305 (1996)- Victims have the right to request notification by the agency having custody of the defendant before the defendant is released, including a release on bail or conditions of release.

 

 
© 2007 Marc L. Miller & Ronald F. Wright