Victim’s Rights at Disposition and Sentencing

A. Disposition

1. Penal Code § 679.02(a)(12): Right to be notified of disposition of violent felony; limited right to be notified of disposition of any felony.

2. Penal Code § 667.5(c): Lists Violent felonies.

3. Welfare and Institutions Code § 706: Requires court to consider and receive into evidence any written or oral statement by victim at disposition of juvenile case.

4. Welfare and Institutions Code § 742: Right upon request to be notified of disposition of juvenile case.

B. Sentencing

1. Penal Code § 679.02(a)(3): Right to be notified, to attend, and to speak at sentencing.

2. Penal Code § 679.02(a)(4): Right to be notified, to attend, and to speak at juvenile disposition hearing.

3. Penal Code § 1191.1: Right to attend all sentencing hearings and be given adequate notice by probation officer.

4. Penal Code § 1191.15: Right to submit written or taped statement at time of sentencing in lieu of appearance.

5. Penal Code § 1191.16: Right to record victim impact statement in indeterminate cases for later use by parole board.

6. Penal Code § 1191.25: Right to be notified of a reduction or modification of sentence, dismissal, or early parole in exchange for the informant defendant’s testimony in another case.

7. Penal Code § 1191.3: Requires court to make an oral statement at sentencing regarding good time and work time credits defendant may receive. Requires probation officer to estimate the credits the defendant may receive and inform the victim.

8. Penal Code § 1170(a)(3)(b): Right of victim or the family of the victim if the victim is deceased, to submit a statement in aggravation or mitigation to dispute facts in the record or the probation officer’s report, or to present additional facts at least four days before imposition of defendant’s sentence.

9. Penal Code § 1203(h): In felony cases, the probation officer may include a statement from the victim concerning the offense.

10. Penal Code § 11116.10: Right upon request to be notified of final disposition, dismissal, or sentence.

11. Welfare and Institutions Code § 656.2: Requires probation officer to notify victim of right to provide a victim impact statement to be included in the probation officer’s report, to civil action against the minor defendant’s parents and state compensation, and to be present at judicial proceedings concerning the case.