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- Iowa Victim Rights
- Iowa Victim Impact Statements
- Iowa Restitution to Victims
- Iowa Crime Victim Compensation
Iowa Crime Victim Rights
Iowa Code Chapter 915: Victims Rights Statute
REGISTRATION, NOTIFICATION, AND RIGHTS IN CRIMINAL PROCEEDINGS
Initial notification by law enforcement.
Notification by county attorney.
Notification by clerk of the district court.
Notification by department of justice.
Notification by local correctional institutions.
Notification by department of corrections.
Notification by board of parole.
Notification by the Governor.
Presence of victim counselors.
Victim counselor privilege.
Victim impact statement.
Civil injunction to restrain harassment or intimidation of victims or witnesses.
Employment discrimination against witnesses prohibited.
VICTIMS OF JUVENILES
Notification of victim of juvenile by juvenile court officer.
Right to review complaint against juvenile.
Victim impact statement by
victim of juvenile.
Sexual assault by juvenile.
Restitution for delinquent acts of juvenile.
Notification of victim of juvenile by department of human services.
PROTECTIONS FOR CHILDREN AND OTHER SPECIAL VICTIMS
Child victim services.
Protection of child victim's privacy.
Guardian ad litem for prosecuting child witnesses.
Televised, videotaped, and recorded evidence--limited court testimony--minors and others.
VICTIMS OF SEXUAL ASSAULT
Medical examination costs.
Right to HIV-testing of convicted or alleged assailant.
Testing, reporting, and counseling--penalties.
Polygraph examinations of
victims or witnesses--limitations.
Notice to victims of
discharge of persons committed.
VICTIMS OF DOMESTIC ABUSE
General rights of domestic
915.51 through 915.79 Reserved.
Award of compensation.
Crime victim assistance
Duties of department.
Compensation when money
Erroneous or fraudulent payment--penalty.
Release of information.
Right of action against perpetrator--subrogation.
Victim compensation fund.
915.95 through 915.99 Reserved.
Victim restitution rights.
Iowa Victim Impact Statements
Victim Impact Statement (915.21)
A victim may present a victim impact statement to the court using one or more of the following methods: A victim may file a signed victim impact statement with the county attorney. This filed impact statement shall be included in the preseentence investigation report. If a presentence investigation report is not ordered by the court, a filed victim impact statement shall be provided to the court prior to sentencing.
A victim may orally present a victim impact statement at the sentencing hearing, in the presence of the defendant, and at any hearing regarding reconsideration of sentence.
If the victim is unable to make an oral or written statement because of age, or mental, emotional, or physical incapacity, the attorney or a designated representative of the victim shall have the opportunity to make a statement on behalf of the victim.
A victim impact statement shall include the identification of the victim of the offense, and may include the following:
Itemization of any economic loss suffered by the victim as a result of the offense. For purposes of this paragraph, a pecuniary damages statement prepared by a county attorney pursuant to section 910.3 may serve as the itemization of economic loss.
Identification of any physical injury suffered by the victim as a result of the offense with detail as to its seriousness and permanence.
Description of any change in the personal welfare or familial relationships of the victim as a result of the offense.
Description of any request for psychological services initiated by the victim or their family as a result of the offense.
Any other information related to the impact of the offense upon the victim.
Iowa Restitution to Victims
Restitution must be ordered at the time of sentencing. Once restitution is ordered the Department of Corrections collects restitution from inmates to be paid to their victims.
The Iowa Department of Corrections began collecting restitution from inmates in 1982. These collections are deducted from allowances paid to inmates as well as from credits to inmate accounts deposited from outside sources. 20% of these funds are collected and sent to the Clerk of Court in the county where the restitution was ordered. The Clerk of Court sends the funds to the victims every 3 months. The Department also collects current and outstanding legal debts from certain inmates as ordered by the Federal courts.
The numbers of hours the inmates work vary due to special needs considerations, such as behavior problems, medical needs, mental health, or treatment programs.
Inmates may earn from $3.00/day to a small number earning $15.00/day, determined by the job they hold. 20% of any credit the inmate receives is to pay court ordered restitution to victims.
If you have questions about restitution, contact:
Iowa Department of Corrections
Victim and Restorative Justice Programs
420 Watson Powell, Jr. Way
Des Moines, Iowa
Iowa Victim Compensation
If you or a loved one has suffered personal injury from a violent crime, the Crime Victim Compensation Program may be able to help. The Compensation Program helps victims with costs related to injuries from violent crime, and it is funded entirely by fines and penalties paid by criminals (not by taxpayers). This year the program will award over $3 million to Iowa crime victims.
Some of the people eligible for help include victims of drunk driving, victims who have been physically or emotionally injured by violent crime, survivors of a homicide victim and family members of victims. The program pays for crime-related expenses such as medical care, counseling, lost wages and funeral expenses (if costs are not covered by insurance or other sources). The program can also pay for clean-up of a homicide scene and replacement of clothing held as evidence.
The application process is simple. Applications are accepted through the mail or by telephone. The Crime Victim Compensation Program cannot erase the painful memories of a crime, but it can help in your recovery and ease the financial burdens you face.
Who Can Get Help?
What Do I Have to Do?
- Victims who have been physically or emotionally injured in a violent crime in Iowa.
- Victims of drunk driving, hit and run, reckless driving, vehicular homicide, or injury when a car is used as a weapon.
- Survivors of a homicide victim.
- The spouse, children, parents, and siblings of the victim, and persons residing in the their household at the time of the crime.
- Iowans injured by violent crime in a state without a compensation program.
- Iowans injured by an act of terrorism in a foreign country.
How Long Will It Take?
- You must report the crime to local law enforcement within 72 hours, unless there is an explanation why you could not.
- You must file an application with the program within two (2) years from the date of the crime or show good cause.
- You must cooperate with the reasonable requests of law enforcement officers in their investigation or prosecution of the crime.
- You must NOT have consented to, provoked, or incited the crime.
- You must NOT have been assisting in, or committing a criminal act causing your injuries.
It can up to 10 weeks to determine if you are eligible for compensation. Payments will be made when all required information is received. You can request an emergency award for your lost wages or out-of-pocket expenses. Once payment has been made, our program does attempt to seek restitution from the offender.
What Kinds of Costs Can be Paid?
- Medical care needed for crime-related injuries to the victim (up to $15,000).
- Medical expenses for crime-related care for survivors of a homicide victim (up to $3,000 per survivor)
- Crime related counseling provided to a victim by a licensed psychologist, person holding at least a masters degree in social work or counseling, and guidance or a victims counselor (up to $3,000).
- Crime related counseling provided to a victim's spouse, children, parent, siblings or persons residing in the victim's household at the time of the crime (up to $1,000 per secondary victim) and/or grief counseling for survivors of homicide victims (up to $3,000 per survivor).
- Wages lost by the victim due to crime injuries (up to $6,000).
Lost wages for homicide survivors (up to $6,000).
- Loss of support for dependents of deceased victims or victims who can't work for more than sixty days (up to $2,000 per person).
- Funeral and burial costs for homicide victims (up to $7,500).
- Residential crime scene clean-up (up to $1,000).
- Replacing clothing and bedding held as evidence by law enforcement (up to $100).
- Robbery, burglary, arson or other property crimes are covered if they occurred in the victim's residence.
- You cannot be paid for lost or stolen property, legal fees, phone bills, meals or pain and suffering. You must file a civil law suit with a private attorney to recover money for these losses.
To apply, download the application
, complete, and return to:
Iowa Attorney General
Crime Victim Assistance Division
Lucas Building, Ground Floor
Des Moines, Iowa 50319
Toll Free: (800) 373-5044
Fax: (515) 281-8199