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Victims' Rights/Laws SC Victims' Bill of Rights Summary You have the right to be treated with fairness, respect and protected from intimidation or harm throughout the criminal and juvenile justice process; You have the right to be informed about victims' rights, criminal proceedings, and if the accused is arrested, released, or escapes; You have the right to be heard at bond, bail, release, pleas, or sentencing; You have the right to reasonable access to documents relating to the crime; You have the right be present at criminal proceedings before the case is heard in court; You have the right to restitution from adult or juvenile offenders Paraphrased from Article 1 Section 24 of the State Constitution as amended. Summary of Acts 141 & 343 Law Enforcement: Must provide a free copy of the initial incident report Must provide a document which describes a victim's constitutional rights and statutory responsibilities as well as local victim assistance and social service providers and the victims compensation program Must assist eligible victims in applying for compensation benefits as requested May intervene with creditors or employers of a victim Must inform a victim of the status and progress of the case from incident to disposition in summary court, or referral to the Department of Juvenile Justice or referral to a prosecuting agency Must notify of arrest, bond hearings, pretrial releases, and of the right to attend summary court bond hearings and make recommendations to the judge; this includes any type of juvenile hearing or release Forward victim contact information to the jail or any other holding facility, including the Dept. of Juvenile Justice Forward victim contact information to the summary court or the prosecuting agency before a bond or release hearing Must provide any measures necessary to protect victims, including to and from court Must make reasonable efforts to provide separate waiting areas for victims from defendants for proceedings in circuit and family courts Return personal property as quickly as possible Prosecuting Agency: Must inform of the status and progress of a case, with the exception of preliminary hearings Must notify of each hearing, trial or other proceeding as scheduled or canceled to include all juvenile hearings and releases Must inform about collection of restitution, fees, expenses and recovery of evidence Assist with victims compensation benefits Make referrals to counselors, social service agencies and victim assistance providers and intercede with creditors or employers of the victim Must notify of the right to submit a oral or written statement for consideration by a family or circuit court judge, to include juvenile proceedings Must provide a form and assist with preparing a Victim Impact Statement for consideration by a circuit or family court judge (including juvenile proceedings) and file a sealed copy with the indictment to be opened only after the defendant has been adjudicated, found guilty or pled guilty. Must forward a copy of each victim's Victim Impact Statement form to these state departments: Corrections; Probation, Pardon & Parole Services; Juvenile Parole Board; and Juvenile Justice Must inform victims of how to contact the Department of Corrections, the Department of Probation, Pardon & Parole Services, the Juvenile Parole Board, or the Attorney General's Office Inform about applicable practices of the criminal or juvenile justice systems as well as the right to legal counsel and available civil remedies Familiarize victim with courtroom procedure and protocol as well as attempt to minimize inconvenience Discuss the case and meet about the disposition of the case (diversions, please negotiations, etc.) Intervene if a victim/witness is threatened or harassed Return personal property as quickly as possible Circuit Court or Family Court: Must protect the rights of the victim as diligently as those of the defendant Must address the issue of restitution Must review any victim impact statements, oral or written, before sentencing Must treat sensitively the very young, elderly, handicapped or others who have special needs Must verify that a victim has been notified before proceeding with a bond trial, plea, sentencing or other hearings; If not, hearing must be delayed to allow time for reasonable notice Must impose conditions of release that sufficiently protect the victim from the defendant Summary Court (Magistrate or Municipal): Must protect the rights of the victim as diligently as those of the defendant Must provide a form to victims who wish to make a written impact statement that includes: personal information, itemized list of losses, injury details, psychological services, personal welfare changes and other pertinent information Must verify that victim has been notified before a bond hearing, and if not, must delay to allow notice Must notify each victim of the right to: be present and participate in all hearings; be represented by counsel; pursue civil remedies; and, submit an oral or written Victim Impact Statement for consideration at sentencing Must impose conditions of release that sufficiently protect the victim from the defendant Must return the victim's personal property as quickly as possible Must inform the victim of the procedures and practices of court Jail: Must notify of a release, transfer or escape of offenders accused or convicted of the crime upon the request of the victim Attorney General: Upon receipt of a notice of appeal, the Attorney General's Office must request the victim's contact information from the Department of Corrections, the Department of Probation, Pardon & Parole Services, the Juvenile Parole Board or Department of Juvenile Justice. These agencies must supply the requested information the Attorney General. Must confer with victims regarding the appeal and keep victims informed of the status and progress of the case Department of Juvenile Justice: Must confer with victims before issuing a recommendation or placing an offender in a diversion program, referring the offender to a prosecuting agency or for evaluation, or other actions Must keep victims informed of the status and progress of the case Post-Conviction Agencies: The Department of Corrections, the Department of Probation, Pardon & Parole Services, the Juvenile Parole Board or Department of Juvenile Justice must notify, upon request, of post-conviction proceedings affecting probation, parole, or release and of the victim's right to attend.   Top of Page