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-Idaho Victim Rights
-Idaho Manual on the Rights of Victims of Crime (PDF)
-Crime Victim Compensation
-Sexual Assault Exams
-Domestic Violence Protection
Idaho Victim Rights
CONSTITUTION OF THE STATE OF IDAHO
ARTICLE I DECLARATION OF RIGHTS
SECTION 22. RIGHTS OF CRIME VICTIMS.
A crime victim, as defined by statute, has the following rights:
(1) To be treated with fairness, respect, dignity and privacy throughout the criminal justice process.
(2) To timely disposition of the case.
(3) To prior notification of trial court, appellate and parole
proceedings and, upon request, to information about the sentence,
incarceration and release of the defendant.
(4) To be present at all criminal justice proceedings.
(5) To communicate with the prosecution.
(6) To be heard, upon request, at all criminal justice proceedings
considering a plea of guilty, sentencing, incarceration or release of the
defendant, unless manifest injustice would result.
(7) To restitution, as provided by law, from the person committing the offense that caused the victim's loss.
(8) To refuse an interview, ex parte contact, or other request by the
defendant, or any other person acting on behalf of the defendant, unless such request is authorized by law.
(9) To read presentence reports relating to the crime.
(10) To the same rights in juvenile proceedings, where the offense is a felony if committed by an adult, as guaranteed in this section, provided that access to the social history report shall be determined by statute.
Nothing in this section shall be construed to authorize a court to dismiss a case, to set aside or void a finding of guilt or an acceptance of a plea of guilty, or to obtain appellate, habeas corpus, or other relief from any criminal judgment, for a violation of the provisions of this section; nor be construed as creating a cause of action for money damages, costs or attorney fees against the state, a county, a municipality, any agency, instrumentality or person; nor be construed as limiting any rights for victims previously conferred by statute. This section shall be self-enacting. The legislature shall have the power to enact laws to define, implement, preserve, and expand the rights guaranteed to victims in the provisions of this section.
TITLE 19: CRIMINAL PROCEDURE
CHAPTER 53: COMPENSATION OF VICTIMS OF CRIMES
19-5306. RIGHTS OF VICTIM DURING INVESTIGATION, PROSECUTION, AND DISPOSITION OF THE CRIME.
(1) Each victim of a criminal or juvenile offense
(a) Treated with fairness, respect, dignity and privacy throughout the
criminal justice process;
(b) Permitted to be present at all criminal justice proceedings or
juvenile proceedings including probation proceedings;
(c) Entitled to a timely disposition of the case;
(d) Given prior notification of trial court, appellate, probation and
parole proceedings and, upon request, to information about the sentence, incarceration, placing on probation or release of the defendant;
(e) Heard, upon request, at all criminal justice proceedings considering a plea of guilty, sentencing, incarceration, placing on probation or release of the defendant unless manifest injustice would result;
(f) Afforded the opportunity to communicate with the prosecution in
criminal or juvenile offenses, and be advised of any proposed plea
agreement by the prosecuting attorney prior to entering into a plea
agreement in criminal or juvenile offenses involving crimes of violence, sex crimes or crimes against children;
(g) Allowed to refuse an interview, ex parte contact or other request by the defendant or any other person acting on behalf of the defendant, unless such request is authorized by law;
(h) Consulted by the presentence investigator during the preparation of the presentence report and have included in that report a statement of the impact which the defendant's criminal conduct had upon the victim and shall be allowed to read, prior to the sentencing hearing, the presentence report relating to the crime. The victim shall maintain the confidentiality of the presentence report, and shall not disclose its contents to any person except statements made by the victim to the prosecuting attorney or the court;
(i) Assured the expeditious return of any stolen or other personal
property by law enforcement agencies when no longer needed as evidence;
(j) Notified whenever the defendant or suspect is released or escapes from custody. When release is ordered prior to final conviction, notice to the victim shall be given by the law enforcement authority from whose custody the defendant was released. When the release is granted subsequent to a final conviction, notice shall be given to the victim by the law enforcement authority from whose custody the defendant was released unless release is granted by the commission of pardons and parole, in which case the commission shall notify the victim. When a release on probation is being considered following a period of retained jurisdiction, notice of the hearing shall be given to the victim by the prosecuting attorney.
(2) Upon the filing of a criminal complaint or juvenile petition, the
prosecuting attorney shall inform the victim of the various opportunities
provided by this section. The victim may exercise any of the rights provided by this section by completing a written request on a form provided by the prosecuting attorney to the clerk of the district court. The clerk thereafter shall notify the appropriate authorities of the victim requests. Notice thereafter shall be given to the victim at the address provided unless the victim subsequently provides a different address. The victim's address shall be kept confidential by the court except for carrying out the provisions of this chapter.
(3) The provisions of this section shall apply equally to the immediate families of homicide victims or immediate families of victims of such youthful age or incapacity as precludes them from exercising these rights personally. The court may designate a representative from the immediate family to exercise
these rights on behalf of a deceased, incapacitated, or minor victim.
(4) Nothing in this section shall be construed to authorize a court to
dismiss a case, to set aside or void a finding of guilt or an acceptance of a plea of guilty, or to obtain appellate, habeas corpus, or other relief from any criminal judgment, for a violation of the provisions of this section; nor be construed as creating a cause of action for money damages, costs or attorney fees against the state, a county, a municipality, any agency, instrumentality or person; nor be construed as limiting any rights for victims previously conferred by statute; nor be construed to require the court appointment of legal counsel or the payment of transportation costs.
(5) As used in this section:
(a) Victim is an individual who suffers direct or threatened physical, financial or emotional harm as the result of the commission of a crime or juvenile offense;
(b) Criminal offense is any charged felony or a misdemeanor involving physical injury, or the threat of physical injury, or a sexual offense;
(c) Juvenile offense is charged conduct that is a violation of law that
brings a juvenile within the purview of chapter 5, title 20, Idaho Code, and which conduct committed by a juvenile would be a felony if committed by an adult.
What is restitution?
According to Idaho law, a victim is entitled to reimbursement from the guilty party for expenses directly related to the crime. This reimbursement is called restitution. A victim may request the criminal court to order the offender to pay restitution for expenses that are not covered by the program, such as property damage, wage loss, expenses to attend criminal court, or costs for crime-scene cleanup. The idea behind this statutory scheme is to provide a quicker and less expensive method for victims to obtain financial reimbursement, than going through the civil system. There is no guarantee that a court will order the defendant to reimburse the victim through the criminal case. However, this is accomplished in the great majority of cases.
How do I request restitution?
The victim should contact the county prosecuting attorney about ordering restitution as soon as possible. The prosecuting attorney will assist in preparing a restitution statement to inform the judge of your reimbursable expenses and enable the judge to determine and order the appropriate restitution. If restitution is determined inappropriate, an order giving the reasons for the denial will be issued by the court.
19-5302. Victims of Crime - Restitution Priority
If a district court or a magistrate division orders the defendant to pay restitution, the court shall order the defendant to pay such restitution to the victim or victims injured by the defendant. There shall be a full restitution to such victim or victims before the court may order any payment be made by the defendant to any governmental entity; provided, however, the court may order the defendant to make the payments required in sections 20-225 and/or 20-614(7), Idaho Code, before any payment of restitution is made to the victim
The primary statute governing when and what courts may order the defendant to pay for in a criminal proceeding are set forth in Idaho Code 19-5304. That statute defines the people or entities that qualify to apply for reimbursement through the criminal system. It also sets out the types of damages for which restitution can be ordered and the procedural requirements for handling restitution requests. The types of loss that are reimbursable includes, but is not limited to, the value of property taken, destroyed, broken, or otherwise harmed, lost wages, and direct out-of-pocket losses or expenses, such as medical expenses resulting from the criminal conduct, but does not include less tangible damage such as pain and suffering, wrongful death or emotional distress. Although the victim rights statute does not allow a criminal court to order restitution for such things as pain and suffering, victims maintain the right to seek these types of damages in civil court.
Economic loss includes, but is not limited to, the value of property taken, destroyed, broken, or otherwise harmed, lost wages, and direct out-of-pocket losses or expenses, such as medical expenses resulting from the criminal conduct, but does not include less tangible damage such as pain and suffering, wrongful death or emotional distress. (19-5304-1-a).
The court may order the defendant to pay restitution to the victim in
any case, regardless of whether the defendant is incarcerated or placed on probation. The court may order the defendant to pay all or a part of the restitution ordered to the court to be distributed by the court to the victims in a manner the court deems just. (19-5304-5).
Idaho Code 19-5305 provides that an order of restitution may be recorded as a judgment and the victim may execute as provided by law for civil judgments after forty-two (42) days from the entry of the order of restitution or at the conclusion of a hearing to reconsider an order of restitution, whichever occurs later. Once the order has become final, the victim is allowed to use the civil laws to collect the judgment, including going after the property and wages of the defendant. These are acts which the victim must take themselves. The prosecutor cannot prepare paperwork or otherwise assist victims to collect on the order of restitution. Any questions regarding how to go about carrying out these collection efforts should be referred to a private attorney.
Defendants are frequently required to may regular payments on restitution as a condition of probation. The probation officer will monitor these payments.
How Do Victims Receive the Money?
Defendants pay their restitution through the Clerk of the Court. This allows the court to track whether or not payments have been made and, if so, in what amounts. Each time the defendant pays an amount towards their restitution, the Clerk of the Court records the payment and sends a check to the victim for the amount that was paid.
In the case of large sums of restitution, it is common that the defendant does not have the means of paying the restitution all at once. Therefore, payments are frequently paid in smaller amounts over a period of time. This is a common source of frustration for victims to be paid over such a long period of time. However, given the poor financial state of many criminal defendants, this slow repayment process will remain an unfortunate reality for many victims.
Idaho Crime Victim Compensation 1-800-950-2110
The Idaho Crime Victims Compensation Program was established in 1986 to provide financial assistance to crime victims who are injured as the result of criminally injurious conduct.
Who may file a claim for financial assistance?
In Idaho, a claim for benefits under the Crime Victims Compensation Act may be filed by a victim, the spouse or child or a deceased victim or another authorized person such as a parent or guardian of a victim who is a minor.
What are the conditions for eligibility?
To be eligible to receive financial assistance, the following conditions must be met:
The crime must have been committed in the state of Idaho after July 1, 1986. (Victims of crime occurring in other states can contact the Crime Victims Compensation Program in that state for information on where to file a claim.)
The crime must be reported to law enforcement officials within 72 hours of the crime or there must be documented good cause why it is not.
The victim/claimant must fully cooperate with law enforcement officials in the investigation and prosecution of the crime.
The victim/claimant must file a claim with the Idaho Crime Victims Compensation Program within one year of the crime or show good cause why they did not.
Any misconduct by the victim must not have caused or contributed to the injury. (Depending on the misconduct, eligibility may be denied or the award reduced.)
What are the reimbursable expenses?
The Crime Victims Compensation Program provides funds for treatment expenses to the victim/claimant after all other sources of payment have been exhausted, up to a maximum of $25,000. When your claim is approved, payment may be made for reasonable expenses which are the direct result of the crime, including:
Medical. Payments may be made for physician and hospital services, medicine, and other approved treatment.
Counseling. A maximum benefit of $2,500 for mental health treatment is available. Family members of sexual assault or homicide victims may also be eligible for counseling benefits.
Wage loss. Compensation may be provided for lost wages if the victim loses more than one week of work as a result of his/her injuries. The victim must have had a total, actual loss of wages from the loss of ability to work due to injured suffered as a result of the crime. Compensation is paid at a rate of 66% of your current weekly wage at the time of the crime, subject to a maximum of $175 per week.
Dependant death benefits. Compensation may be provided for dependants (a spouse or child under the age of 18) of a victim who was employed at the time of a crime. Compensation is paid at a rate of 66% of your weekly wage at the time of the crime, subject to a maximum of $175 per week.
Funeral expense. Benefits may be paid for funeral expenses up to a maximum of $2,500.
The total amount of benefits paid on any single case, regardless of benefit type, cannot exceed $25,000.
What expenses are not covered?
Under the program, there are certain expenses related to a crime that are not covered under the Crime Victims Compensation Act, This includes expenses related to:
- Property loss
- Pain and suffering
- An injury that results from a traffic accident, unless the operator of the vehicle intentionally used the vehicle to cause injury; the operator was driving under the influence of alcohol/drugs; or the other driver left the scene of the accident
- Payment that would benefit an offender and/or accomplice
- Treatment of a victim of a criminal attack which occurs while the victim was confined in a prison, correctional facility, or public institution
- An injury that is sustained by the victim while engaged in felony activity or a DUI -- driving under the influence of alcohol/drugs (expense reimbursement may be reduced, depending on the circumstances).
How do I file a claim for benefits?
To file a claim for benefits under the Crime Victims Compensation Act, you will need to complete a Crime Victims Application for Compensation form (PDF)
. You can also obtain the form at any Idaho Industrial Commission office, Law enforcement agency, Prosecuting attorney office, Hospital, or victim advocate group. You should also complete a Form CV-02 for Family Assistance (PDF)
What happens after an application is filed?
Upon receipt of a Crime Victim Application for Compensation Benefits, copies of the investigative reports are requested to provide documentation that the victim meets eligibility requirements before financial assistance can be provided. Documentation may be obtained from law enforcement agencies, prosecuting attorneys, related community agencies (i.e. the Department of Health & Welfare, Child Protective Service), witnesses, physicians, services providers, etc. The victim/claimant may be requested to provide additional information about the criminal incident. Once the requested information is received, an eligibility determination is made. The victim/claimant will receive written notification from the Crime Victims Compensation Program of the decision.
Does the offender have to be convicted for the victim to be eligible for compensation?
No, the offender does not have to be convicted for the victim to be eligible for compensation. However, there needs to be sufficient evidence to show there was a crime committed, and a victim/claimant must fully cooperate with law enforcement and court officials.
If I have an insurance policy, will the program still cover my expenses?
Insurance benefits and other available resources must be used or exhausted prior to payment of benefits by the Crime Victims Compensation Program. If benefits from these sources do not cover the full amount of the expense, funds from the Crime Victims Compensation Program may be applied to the remaining obligations such as co-pays and deductibles. Other sources for payment include: health insurance, life insurance, Medicaid/Medicare, veterans benefits, workers compensation, Social Security, disability insurance, sick leave paid by employers, auto policies, Indian Health Services, restitution from the offender, and employee assistance programs.
Sexual Assault Exams
Effective 7/01/01, Idaho Code § 19-5303 and Idaho Code § 72-1019(2) mandate that the cost of sexual assault examinations for the purpose of gathering evidence for the prosecution of the offender shall be paid by the Idaho Crime Victims Compensation Program. Victims of the sexual assault shall not be charged for the cost of the sexual assault examination. The reimbursement form is available on this web site.
Reimbursement will be made ONLY when the following conditions are met:
- The sexual assault examination was authorized by a law enforcement official.
- The sexual assault examination was performed at a licensed medical facility and by a practitioner who has been trained to gather the forensic evidence.
- Third-party payment sources must pay prior to the program. Examples of these sources include: private health insurance, Medicaid, Indian Health Services, TriCare, and any other source that provides payment for medical services.
- The billing and the reimbursement form for the sexual assault examination is submitted to the program within one (1) year of the date of service.
- The reimbursement form includes the relevant law enforcement information and has been signed by a law enforcement officer. If the law enforcement officer was unavailable for signature, non-commissioned law enforcement personnel or the treating physician may certify that the examination was authorized by law enforcement. (If the law enforcement officer does not sign the reimbursement form, the program will contact the law enforcement agency for final verification.)
- The billing for the sexual assault examination must include the following documentation: completed itemized billing (HCFA or UB92 form); completed Sexual Assault Examination Reimbursement Form; insurance explanation of benefits (EOB); and medical records.
Victims of sexual assault may be eligible to receive additional benefits through the Crime Victims Compensation Program to cover treatment costs for injuries sustained as a result of the crime. To access these benefits, the victim must complete an application for benefits and submit it to the program for an eligibility review. If the victim has not been provided with an "Application for Compensation," one can be mailed to them or you can download the application here (PDF)
The Sexual Assault Examination Reimbursement Form will only initiate reimbursement for the forensic examination. Completion of the sexual assault reimbursement form is not an application for compensation benefits. If the victim has not been awarded compensation benefits through the program, the victim remains responsible for the cost of any treatment received.
Please contact the program at (208) 334-6080 or (800) 950-2110 to request an application for compensation benefits, or with any questions you may have about sexual assault examination reimbursement.
Idaho Domestic Violence Protection Orders
DOMESTIC VIOLENCE IS A CRIME! A Protection Order Can:
- Stop the person from hurting you and/or your children
- Stop the person who has been hurting you from entering your home, school or where you work
- Order the person who hurt you to get help with counseling
- Require the abuser to leave the household
- Keep the children in your care
If you are a victim of domestic violence, you can ask the city or county prosecuting attorney to file a criminal complaint. You also have the right to file a petition in magistrate court requesting an order of protection from domestic abuse - a protection order. If the person who hurt you is arrested, they may be issued a No Contact Order when released. This will explain the protection order and the No Contact Order.
VIOLATION OF A PROTECTION ORDER IS SERIOUS! A violation of any provision of a protection order is punishable by up to 1 year in jail and a fine up to $5,000.
Domestic Violence is about one person getting and keeping power and control over another person in an intimate relationship. It is a pattern of abusive behavior where one partner uses physical violence, coercion, threats, intimidation, isolation and emotional, sexual or economic abuse to control and change the behavior of the other partner. Domestic violence happens to people of all ages, ethnicities, religions, income levels and backgrounds.
The first step in the prevention of domestic violence is to break the silence. Victims and children deserve to be given a voice that is heard, recognized and respected by their family, friends and community. Research shows that violence can be prevented or reduced through changing public attitudes, general public education and allowing authorities to intervene. Tell your children that violence is never right, even when someone they love is being violent. Tell them that neither you nor they are at fault or cause the violence, and that when anyone is being violent, it is important to keep safe. Call the police if you see or hear violence in progress, and if you are a victim of domestic violence, break the cycle: ask for help.
A protection order is a written court order that is designed to prohibit violent and harassing behavior, and to protect you and your family from the abuser. In 1988 Idaho passed the Domestic Violence Crime Prevention Act (Idaho code 39-6302), which expanded the ability of the courts to assist victims of domestic violence by providing a legal means for victims of domestic violence to seek protection orders and prevent further incidents of abuse. It stresses the enforcement of the laws to protect the victim, and communicates the attitude that violent behavior in the home is criminal behavior and will not be tolerated.
HOW DO I GET ONE?
A protection order may be obtained AT NO COST and WITHOUT an attorney. Applications, called petitions, are available from the clerk of the magistrate or district court in the county where you live, are temporarily living, or where the respondent (the person the victim needs protection from) is living. Tell the clerk you need protection from domestic violence. You may also file for a temporary order (14 days of safety) at this time if you feel you are in immediate danger.
The domestic violence agencies in your area
and/or court staff may be able to answer some of your questions or help you fill out the necessary court forms. The "petition" is a legal document. It is important that you understand that you are under oath and have to tell the truth when filling it out.
HOW DO I FILL OUT THE FORM?
The form is not as scary as it looks. A lot of information is required by the law to seek protection. Carefully answer the questions as completely as you can in your own words explaining how you were hurt.
BE SPECIFIC about violent acts or threats. Include dates, places, injuries, if children were present, how you were hit, where on your body you were hit, and how many times. Use descriptive language: slapping, hitting, grabbing, choking, threatening, etc. that fits your situation. If a weapon was used, include what kind and what other weapons the abuser may possess. Include the two most recent incidents of violence, the two worst incidents of violence and whether the abuser has threatened to physically hurt or kill you. Write down everything you can about this abuse. THIS IS IMPORTANT. The judge will use what you write to decide if you need help or not.
Do not be afraid to ask for help if you need it. Remember, the petition is a legal document. It is important to understand that you are under oath and have to tell the truth when filling it out. Do not sign the petition until you have shown it to a clerk, as the form may need to be notarized or signed in the presence of court personnel.
WHAT HAPPENS NEXT?
The clerk will forward the petition to a judge. The judge may ask you questions as he or she reviews your application. The judge will decide whether or not to issue the temporary order.
If approved and issued, you need to return to the court clerks office to get your copy. The judge may issue a temporary protection order at that time, and will set a hearing date within 14 days to decide whether to issue a full 90 day Protection Order. YOU MUST COME TO THIS HEARING. Follow through! The clerk will tell you when and where the hearing will be held. The abuser must be served with a notice of the hearing and with any protection orders a judge has granted you. The order is not enforceable until it has been served. Usually law enforcement personnel will attempt to serve the abuser in person.
It is very important you read the entire protection order. Any errors must be pointed out to the clerk immediately.
ALWAYS KEEP A CERTIFIED COPY OF YOUR PROTECTION ORDER WITH YOU
Deliver copies to your employer, your daycare and everyone else who needs to know about this order. Keep a certified copy to show to the law enforcement officer if you need help. You must be vigilant in enforcing the order by reporting every violation to the police or the court. Many batterers obey protective orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe. Advocates at local resource centers can assist you in designing a safety plan and can provide other forms of support. This is a court order. Neither party can violate any part of this order.
EXTENDING THE PROTECTION ORDER
Permanent protection orders can be renewed for one year periods. You must go to the court and request an extension BEFORE your first order expires. There will be another hearing where you will have to demonstrate to the judge why you need the order extended. If the abuser does not object to the renewal, then you will not have this hearing.
If you move, your order must be given full faith and credit in any other state, territorial or tribal court (18 U.S.C. Secs. 2265 and 2266). This means your order will be enforced wherever you go. Be sure to re-register at your new location.
Once a judge has issued a protection order to you, and the respondent is served with notice, it is then against the law to violate any part of the protection order. If the abuser violates the order call the police or sheriff immediately, no matter how minor the violation. Gather any information you can to assist the officer, including the name and number of any witnesses. It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order it will help you have the order extended or modified.
Do not have false hopes that the protection order is all you need to be safe, especially if a violent level of force is used. For some abusers, the protection order is only a piece of paper. Your safety comes first. Do not depend upon the protection order as your only source of safety. Safety planning should be a top concern for you and your family. Contact your local domestic violence shelter to find out about laws and other resources available to you before you have to use them during a crisis.
CRIMINAL NO CONTACT ORDERS
If someone has hurt you and is arrested, he or she may be issued a criminal No Contact Order as a condition of their release from jail. This can order the abuser to stay away from you, your home, your workplace or your school and stop contacting you. You can also ask the court to order that all contact, whether by telephone, notes, mail, fax, email or delivery of flowers or gifts, is prohibited. Many jurisdictions also allow the court to order the abuser to stay away from and have no contact with your healthcare providers, daycare, school or after-school job. You should not attempt to contact the arrested person.
When the abuser does something the court has ordered him or her not to do, or fails to do something the court has ordered, the No Contact Order has been violated. Violation of the order is a misdemeanor, and the violator may be arrested without a warrant. When arrested under this circumstance, the violator will not be permitted to bond out of jail prior to seeing a judge.
As a victim you have the right to request a change to the No Contact Order. If you wish to modify or terminate the order, you must file a written request with the clerk of the court where you originally filed the request. These forms are available from the clerk. The court must provide a hearing within 14 days of the request, and will notify you of the hearing date. You have the right to be present at the arraignment.
For more information, contact your local domestic violence program or the Idaho 24-Hour Domestic Violence Hot Line: 800-669-3176.