Forty years ago, victims had few legal rights within the criminal justice system. Victims did not have to be notified of court proceedings or of the arrest or release of the person who committed the crime. They had no right to attend the trial or other proceedings. They had no right to make a statement to the court at sentencing or at other hearings. Few victim assistance programs existed.

Today, every state, the District of Columbia, and several territories have at a minimum basic rights and protections for victims of crime within their statutory codes, and nearly two-thirds of the states have adopted victims’ rights amendments to their state constitutions. Victims’ rights statutes have significantly influenced how victims are treated within the federal, state, and local criminal justice systems. [3]

One of the foundational rights of crime victims in the United States is the right to information and notification. In fact, all 50 states, the District of Columbia, U.S. Territories, and the Federal Justice System have enacted notification laws.[4] These laws vary by jurisdiction, but in many states, victims or their families have the right to notification of scheduled court proceedings, including all types of probation and parole hearings. Victims have the right to information about any changes in the schedule and the outcome of any of those proceedings, even if they were not present.

In addition, victims have the right to information about the crime that was committed as well as the status and location of the individual who committed the crime.

There are some jurisdictions that do not use this automated approach and some that offer both an automated notification as well as an in-house advance notification system. For these areas, victims are notified, often by prosecution-based victim/witness staff or corrections-based advocates, via phone, email, or text about any changes in status including escape, release, supervision status, and parole review.

To find out if your jurisdiction has automated victim notification visit the VINELink.

One of the concerns that a victim may have is a need to know where the person under supervision is currently living. If they move out of state, the victim has a right to know about this change in status as well as any violations of release that are committed in the other state. 
Under the Interstate Compact Agreement, victims’ rights cross state lines and victims need to be notified about status changes including:

• When an Interstate Compact request is made, and when it is granted
• Any significant violations
• Change in address
• Return to sending state where the victim resides
• Move to another state
• Issued a temporary travel permit[5]

Most jurisdictions use the Interstate Compact Offender Tracking System (ICOTS) to enable the transfer of supervision between states, and as part of ICOTS, jurisdictions can implement ICOTS VINEWatch, an automated notification system. Victims must “opt-in” and register for notification on activities related to interstate transfers.

Interstate notification is different in every jurisdiction due to regulations and data privacy laws, so know your laws.

Many jurisdictions provide for the right to reasonable protection during the criminal justice process, including during community supervision. Protections may include providing information to the victim on the status and location of the perpetrator, conditions of the release, and access to resources to address safety concerns. Additionally, many jurisdictions have established laws that require revocation of release if the perpetrator harasses or intimidates a victim[6].

Safety concerns during community supervision may include:

• being contacted by or running into the person who harmed them
• being harassed, intimidated or stalked
• being re-victimized
• safety of family members, friends, and the community

Safety concerns are common for victims and other community members particularly during reentry. Victims may have been directly or indirectly threatened with retribution upon release. Or the victims’ concerns may be more general, related to the release plan and the supervision restrictions or conditions back in the community.

Addressing victims’ needs involves providing victims with information about their case and the status and location of the individual under supervision. Supervisees and victims often reside in the same neighborhoods or towns. They may share family members or parenting roles. Victims often request that the individual under supervision not contact them, or not enter the communities where they live. They often have questions about the types of conditions placed on a probationer’s release including the level and method of monitoring. They need to be assured that their information will remain confidential. This is all part of safety planning for victims. Safety planning for victims means considering what the victims need and asking what is safest for them.

Victims may need support from you to:

• access resources to support safety planning
• understand how to initiate a no contact order if one doesn’t exist
• understand how to report threats to their safety

You may not be expected to develop a safety plan with a victim, but you can play a critical role in informing the victim about safety planning and connecting them with organizations that can help.

As a PPO, you may be part of the victim’s support and safety system and be included in the plan. This may mean that they know when and how to contact you if they feel they are being harassed or threatened by the perpetrator, and know that you will protect their confidentiality.

You can:

• Research the law and policies in your jurisdiction regarding safety and reasonable protection.
• Review case files for victim information.
• Read the Victim Impact Statement, if it exists.
• Give information to the victim that could enhance their safety such as the location of the person under supervision, travel restrictions, no contact orders, special conditions and violations.
• Actively listen to the concerns of a victim who contacts you.
• Ask open-ended questions regarding safety concerns (i.e. Do you have any safety concerns for yourself? What about for your children or other family members? Have you ever been threatened?)
• Be prepared to follow-up on this conversation with information about safety planning and referrals to community- or system-based advocates who can offer safety planning assistance.
• Know your resources: most victim advocacy programs have advocates trained in safety planning.

Supporting victims’ safety means taking their need for privacy and confidentiality seriously. Many jurisdictions have laws in place that protect a victim’s privacy. More specifically, the laws often focus on three areas:

• Prohibitions against requiring testimony in open court that would reveal personal information
• Limiting the inclusion of the victim’s identifying information in criminal justice records (law enforcement reports and court and prosecution documents)
• Protections regarding the release of contact information (address and/or phone numbers) that were provided for notice purposes [7]

Part of your role is to ensure that the victim understands what communications will remain confidential and what may not, so that they can make informed decisions about what they choose to share. This includes information in any case notes, victim impact statements, pre-sentence investigation reports, release protest materials, compensation files, and any communications between the victim advocate and the victim.Confidentiality laws vary across the country, so know and follow the laws and policies in your jurisdiction.

The cornerstone of victim confidentiality is making sure that a victim’s address and other contact information cannot be accessed. They may also need assurances from you that communications with you are confidential and will not be shared with the individual who committed the crime. They may fear retaliation or harassment, and feel as though they have no protection if the person who harmed them might have access to where they live or work or know how to contact them.

Having strong written policies and protocols in place to assure victim confidentiality is key. And it is important that you as a PPO know and follow the guidelines. Policies may include:

• Guidance on documenting victim information in a separate case file, either paper or electronic
• Information on which staff will have access to the victim information/case files
• Provisions for written release of victim information that is time-limited, specifies the purpose for disclosure, and identifies the person to receive the information.
• Sample release forms
• Sample confidentiality policy

Having policies such as these in place can give the victim a measure of control over how his or her information and input are used. When you think about victim confidentiality, think beyond not providing a victim’s address or contact information to the individual under supervision. Strive to ensure that no information is given out even incidentally or in passing. Even the most obscure information has the potential to compromise victim safety if shared.

You can:

• Understand the rights in your jurisdiction related to victim privacy.
• Understand the policies and practices in place within your agency about communicating with victims and protecting their confidentiality.
• Discuss the confidentiality policies and procedures with your supervisor, colleagues, and advocates so that you know you are all on the same page, and advocate for training on these polices. When in doubt, err on the side of victim confidentiality to mitigate risk and increase safety. Sample policies can be found here.
• When working with a victim, discuss their privacy concerns and the protections that your agency has put in place to protect their privacy.
• Ask victims for a release of information to talk with an advocate that they have been working with or to access some information from their file. If a victim authorizes the release of information, the release should be written, time-limited, specific to the purpose for disclosure, and should identify the person to receive the information.
• Take special precautions to protect victim information from being seen. Separate any documentation containing communications with the victim in a different location than your supervision documentation. Only allow designated staff to access victim information/case files. If computerized, use password protections.
• Consider how victim-related restrictions placed on the person under supervision might impact victim confidentiality. For example, if you restrict someone from going to a particular street or store, this may be letting them know where the victim is living or working. When possible, broaden the restricted area enough so that confidentiality is supported.

All jurisdictions give victims the right to provide input at the time of sentencing on the impact the crime has had on their lives. Most also include the right to be heard at parole hearings and to have their input included in pre-sentence reports.[9] Some states allow victim impact information to be heard at bail, pre-trail release, or plea bargain hearings.[10] In general, victim input may be provided by the victim, family members of homicide victims, or the parent or guardian of a minor victim, [11] although some jurisdictions also allow the victim or family member to appoint a representative who can submit a statement on their behalf.[12]

Victims may have opportunities to provide a statement of impact at various times during the criminal justice process. These include during:

• Pre-sentence investigations.
• Sentencing.
• Reentry planning.
• Parole hearings.

The victim may need information about what to expect during a proceeding and whether they can submit a written or verbal statement.

They may need you to hear their concerns regarding the conditions of release and supervision planning. If they have not submitted a VIS statement, you can provide them with a sample form.

Every jurisdiction has a crime victim compensation program to help victims of violent crime recover from the financial impact of a crime. The specifics of what can be covered differ by jurisdiction so make sure you know about the laws and policies of your jurisdiction. Most states have informational and educational material for crime victims about how to apply, but in general, crime victims and sometimes surviving or affected family members apply directly to the compensation program of the jurisdiction where they live or where the crime occurred. Covered expenses often include medical, dental, counseling expenses, lost income, crime scene clean up, and funeral and burial costs.

All states by Federal law require that violent crime victims report the crimes, and cooperate with the investigation and prosecution in order to be compensation eligible. Not all losses are compensated and recovery amounts vary by jurisdiction.

You can:

• Contact your state’s victim compensation program and/or website to become familiar with the requirements and application process so that you can refer victims of violent crimes.
• Obtain brochures or informational materials on victim compensation to keep in your office.
• Ask victims of violent crimes if they are aware of the victim compensation program; don’t assume they already know about it.

Restitution is a court-ordered requirement for an individual who is convicted of a crime, to compensate his/her victim for out-of-pocket expenses incurred by the victim as a direct result of the crime.[14] Victims in all 50 states, the District of Columbia, U.S. Territories, and the Federal Justice System have statutory rights to restitution.[15] In many states, courts are required to order restitution to victims for crimes such as violent felonies and in some jurisdictions a court must state its reasons on record if it does not order restitution or orders only partial restitution.[16]

Often, payment of restitution becomes a condition of probation or parole and when this is the case, the PPO may be responsible for collecting and distributing the funds.

Restitution can cover any financial loss directly related to the crime, including:

• Replacing what was lost in the crime such as stolen or destroyed property
• Payment for debt and lost income
• Medical and mental health expenses
• Relocation costs
• Prescription expenses
• Funeral expenses

The financial component of restitution is very important as the cost of being a victim of crime can be substantial, but restitution goes beyond receiving funds or replacing lost property. The goal of restitution payments is to hold individuals accountable for the crimes they have committed that resulted in often devastating pecuniary losses for their victims. Some crime victims see restitution as an acknowledgement of the harms caused by criminal conduct.

In complying with restitution, some people may face biases and challenges in the community due to poverty, racism, barriers to employment, and collateral sanctions. This is the reality you grapple with in your work with people who have committed crimes, and it is tough. However, knowing that community corrections will be transparent and reliable in carrying out obligations around restitution goes a long way to helping victims have renewed hope for safety and justice.