VICTIM IMPACT STATEMENT: THE VICTIM S VOICE IN THE CRIMINAL. Housekeeping. Who is in the room? 9/22/2010

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1 VICTIM IMPACT STATEMENT: THE VICTIM S VOICE IN THE CRIMINAL JUSTICE PROCESS Presented By: The Texas Department of Criminal Justice Victim Services Division 8712 Shoal Creek Blvd., Ste. 265 Austin, TX (800) Housekeeping o Breaks o Restrooms o Silent Cell Phones o Snack/Soda Machines o Designated Smoking Areas o Sign-In Sheet o CLE Credit / TCLEOSE Credit o Certificates o Participant Folder o Performance Objectives Who is in the room? Judges? District Attorney s Office? County Attorney s Office? Law Enforcement Agency? Probation Department? District Clerk s Office? State Agencies? Victim Advocates? Other Agencies? 1

2 Purpose of this Training To increase knowledge and understanding of the Victim Impact Stat ement (VIS) to help ensure that ALL victims we serve have a voice in the criminal justice process. Who is a Crime Victim? Victim [TCCP, Article 56.01(3)] means a person who is the victim of the offense of sexual assault, kidnapping, aggrav ated robbery, trafficking of persons, or injury to a child, elderly or disabled individual or who has suffered personal injury or death as a result of the criminal conduct of another.or Who is a Crime Victim? Close relative of a deceased victim [TCCP, Article 56.01(1)] a person who was the spouse of a deceased victim at the time of the victim s death or who is a parent or adult brother, sister, or child of the deceased victim.or 2

3 Who is a Crime Victim? Guardian of a victim [TCCP, Article 56.01(2)] means a person who is the legal guardian of the victim, whether or not the legal relationship between the guardian and the victim exists because of the age of the victim, or the physical or mental incompetency of the victim. Definition of the VIS A written detailed account of the emotional, physical, and financial effects the crime has had on the victim/family. Empowering Victims TCCP, Article 56.02(a)(13) Gives victims the right to be informed of the uses of a VIS and the statement s purpose in the criminal justice system, to complete the VIS, and to have the VIS considered by: -the Court (sentencing & pleas) -Board of Pardons and Paroles 3

4 History of the VIS In 1985, the Crime Victim Bill of Rights was enacted. Mandated that the Texas Crime Victims Clearinghouse (TxCVC) C in collaboration with CJAD and the BPP to develop the VIS TxCVC moved from the Governor s Office to TDCJ-VSD. The Purpose of the VIS TCCP, Article 56.03(a) The Texas Crime Victim Clearinghouse (TxCVC), with the participation of TDCJ CJAD and the BPP: shall develop a form to be used by law enforcement agencies, prosecutors, and other participants in the CJ system to record the impact of an offense on a victim, and to provide agencies with info needed to contact them if needed at any stage of a prosecution of a person charged with an offense. Oral vs. Written Oral VIS: When a victim provides an oral statement to the court after sentencing regarding their victimization. - Also referred to as allocution. Written VIS : A written account of the victimization that is kept in the offender s file throughout the criminal justice process. 4

5 VIS VERSIONS VIS - VERSIONS 1. Standard Version (Available in English and Spanish) 2. Just For Kids (Available in English and Spanish) 3. VIS for Victims of Juvenile Offenders (NEW!) ALSO: It s Your Voice An explanation of the VIS, its importance and use during court proceedings and the parole process. VIS: New vs. Old Every two (2) years, the VIS is revised as a result of the latest legislative session. Old VIS used prior to 9/1/09 Lengthy New VIS used after 9/1/09 Shorter No longer 2 VIS versions Fatality & Non-Fatality 5

6 Main Components of the VIS 1. A clear statement of victim s rights. 2. The victim s name & contact information, or that of a close relative or guardian. 3. Statement of a victim s physical and or psychological injury, and economic loss. 4. Statement of any psychological services requested as a result of the offense. Main Components of the VIS 5. Change in personal welfare or familial relationships. 6. Request for notification of future parole hearings. 7. Explanation of procedures to obtain information regarding the offender s release from TDCJ. 8. Any additional information related to impact of offense. 9. Supplemental information. Considerations to make if creating your own VIS It must be able to maintain its clarity even after it has been copied many times over. Must include mandated categories. It must be easily recognizable as a VIS. 6

7 EMPOWERING VICTIMS TCCP, Article 56.04(a) Victim Assistance Coordinator (VAC) States that the district attorney, criminal district attorney, or county attorney who prosecutes criminal cases shall designate a person to serve as the VAC in that jurisdiction. EMPOWERING VICTIMS TCCP, Article 56.08(a) Requires the Prosecutor s office: -to provide the VIS to the victim no later than the 10 th day after the date that an indictment or information is returned against a defendant, AND -provide assistance to the victim with completing the form VIS ISSUES Not all counties have a designated VAC Different counties follow different protocol on how the VIS is distributed to victims, collected back, and reported Different counties follow different protocol on how they prepare pen packets It is everyone s responsibility who works with victims to ask if they have completed a VIS, and to offer them assistance in doing so!! 7

8 Questions? Performance Objectives 1. State the purpose of today s training. 2. Define who is a victim. 3. Define what a Victim Impact Statement (VIS) is. 4. Identify the victim s right statute t t that relates to VIS. 5. State the three versions of the VIS. 6. State the number of days that the prosecutor s office has to provide the VIS to victims according to statute. 8