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Victim’s Rights After Conviction or Commitment

Victim’s Rights After Conviction or Commitment

A. The California Department of Corrections and Rehabilitation, Division of Juvenile Justice (CDCR, DJJ), formerly Youth and Adult Correctional Agency.

1. Welfare and Institutions Code § 1767: Right to notification of parole hearing, to appear and give victim impact statement at parole, and right to have support person attend with victim.

2. California Offender Information Request Form

3. Request Form for Notification of DJJ Parole Hearing

B. Jail/Prison

1. Penal Code § 646.92: Right to notification for certain victims of release or escape from prison/jail after conviction, upon request.

2. Penal Code § 679.02(a)(5): Right to be notified, to attend, and to speak at parole hearing, upon request.

3. Penal Code § 679.02(a)(6): Right to notification for work furlough or escape for family members of homicide victims, upon request.

4. Penal Code § 679.02(a)(11): Right to notification of parole of violent felon.

5. Penal Code § 679.03: Right to notice of escape, release, death or execution of violent offender to victim, witness, or immediate family of victim, upon request.

6. Penal Code § 3043: Right to appear and give victim impact statement at parole hearing; right to notice, upon request, 30 days prior to any parole hearing.

7. Penal Code § 3043.1: Right to support person at parole hearing.

8. Penal Code § 3043.2: Right to submit written or taped statement at parole hearing.

9. Penal Code § 3043.25: Right to video conference appearance before parole board.

10. Penal Code § 3058.7: Possibility of notification of violent felon’s release, without request.

11. Penal Code § 3058.8: Right to notification of parole release date of violent felon, upon request.

12. Penal Code § 3605: Right to notice of scheduled execution, immediate family.

13. Penal Code § 11155: Right to notification of work furlough or escape, upon request.

14. Penal Code § 4024.4: Notice to victim of release of defendant from local custody (VINE Program).

15. Welfare and Institutions Code § 6609.3: Right to notification of release of sexually violent predator, upon request.

16. Civil Code § 2225: Provides that a felon’s proceeds from any story, film, etc. as a result of the crime flows to an involuntary trust for the victim/family. (Son of Sam law).

17. Penal Code § 1603: Right to notification of placement of defendant on out-patient status

A. Application for Emergency Retraining Order

B. Domestic Violence Restraining Order

C. Family Code § 6303: Right to support at protective order hearing.

D. Family Code § 6218: Domestic violence protective orders.

E . Family Code §§ 6241 & 6250: Authorizes ex-parte telephonic emergency protective orders.

F. Family Code § 6320: Domestic violence protective orders.

G. Family Code § 6321: Domestic violence orders removing defendant/abuser from dwelling.

H. Penal Code § 136: Intimidation of victim or witness, definition of victim and witness.

I. Penal Code § 136.1: Makes it a crime to prevent or dissuade a victim or witness from testifying.

J. Penal Code § 136.2: Right to request a protective order where there is good cause to believe that a victim or witness may suffer from harm, intimidation or dissuasion by the defendant or any other person who comes before the court.

K. Penal Code § 136.2(f): Allows for court order requiring law enforcement to provide protection for victim or witness and immediate family.

L. Penal Code § 139: Makes it a crime to threaten with force or violence a victim or witness.

M. Penal Code § 140: Makes it a crime to use force or threaten to use force or violence on a victim or witness or their property because of assistance to law enforcement or prosecutor.

N. Penal Code § 166: Makes it a crime to willfully disobey a court order.

O. Penal Code § 646.91: Right to emergency protective order for stalking victims.

P. Penal Code § 1377: Prohibits civil compromise in misdemeanor cases involving violations of domestic violence protective orders.

Q. Penal Code § 13710: Right to have law enforcement serve the offender with a restraining order at the scene of a domestic violence incident or anytime the offender is in custody.


 

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