Victims Rights Compliance Project

CRIME VICTIMS UNITED


Background

Invitation to Work on Subcommittee

Draft List of Victims' Rights


In 2004 a national movement lobbied the United States Congress for a victims' rights amendment to the United States Constitution. This effort was led by Collene Campbell, Chairwoman of Force 100, whose son Scott was murdered in 1982 and whose brother and sister-in-law, Mickey and Trudy Thompson, were murdered in 1988. Collene, with the help of co-chairs in each of the states and many others, worked tirelessly for this amendment.

Senate Joint Resolution 1, sponsored by Senators Diane Feinstein (D-California) and Jon Kyl (R-Arizona), proposed to refer this constitutional amendment to the states for ratification.

Despite heroic efforts and considerable political support, the effort to refer the amendment failed. Out of that effort, however, arose Senate Bill 2329, which passed by a vote of 96 to 1 in April of 2004. This bill included funding to monitor compliance with victims' rights amendments and laws passed by the states.

The bill hit a snag in the House where it languished for months as it became part of political shenanigans. Finally in October of 2004 the bill, wrapped into House Resolution 5107, received a vote on the House floor and was passed.

In 2005 Oregon received funding for a "Crime Victims' Rights Compliance Project". This project will be overseen by an advisory committee. Elaine Premo is representing Crime Victims United on this committee.

Elaine is a full time faculty member in the Criminal Justice Program of Chemeketa Community College. Elaine's career includes service in the Marine Corps and the United States Army Reserve. She worked for the Oregon Department of Corrections for more than a decade, rising to Camp Commander of the South Fork Forest Camp correctional facility. She then became Assistant Director of the Oregon Department of Public Safety Standards and Training which provides training for all Oregon law enforcement. In 2003, Elaine's niece, Cassie Brown, was murdered.

Elaine is uniquely suited to serve on the advisory committee and Crime Victims United is grateful for her service in this capacity and in others.


The following is a letter from Elaine to Crime Victims United members, explaining the Crime Victims' Rights Compliance Project and inviting members to serve. If you would like to serve on a subcommittee please send an email to Crime Victims United (contact@crimevictimsunited.org) and we will forward it to Elaine.

Crime Victims Rights Compliance Implementation Project

To: Members of Crime Victims United
From: Elaine Premo, Advisory Committee Member and Training Subcommittee Member
Re: Oregon Crime Victims' Rights Compliance Implementation Project
Date: September 8, 2005

Dear Friends:

Our family experienced the first hand agony of being the co-victims of violent crime when her boyfriend viciously murdered my niece, Cassie Brown, in 2003. We were very fortunate to have had a compassionate and responsive victims advocate from the Portland Police Bureau. However, other agencies in the Criminal Justice process were not as responsive. Unfortunately many crime victims have been traumatized by the absence of or deficiency of victim's services.

In May 2005, Oregon began a statewide Crime Victims' Rights Compliance Implementation Project. The work of the project is being led by an Advisory Committee, of which I am a member, representing Crime Victims United. The committee is chaired by Doug Beloof, Executive Director of the National Crime Victim Law Institute at the Northwestern School of Law of Lewis and Clark College. Over 20 representatives from victim advocacy organizations, law enforcement, corrections and courts join me in my work on this Advisory Committee.

Attorney General Hardy Myers has asked the Advisory Committee to develop "a coordinated plan so that within the Oregon criminal justice system, crime victims' rights will be clearly and consistently understood by crime victims, and crime victims will have every opportunity to fully exercise their rights - every crime victim, every right, every case, every time." The three-year project is supported by a federal grant from the U.S. Department of Justice, Office for Victims of Crime and will be administered by the Oregon Department of Justice, Crime Victims' Assistance Section.

We are using a sub-committee and caucus model to allow for input from diverse stakeholders across the state. As part of that model, I will be the contact person for the Crime Victims Caucus and the Training Design Subcommittee. I will be calling upon your expertise for advice and recommendations on the action items. If you are interested in serving on a subcommittee, (see the attached list and Chairperson for each) please feel free to send me an email and I will make introductions to the Subcommittee Chairs.

For the next year, when sub-committees complete drafts of proposals, I will forward those drafts to you and will encourage you to let me know about any questions, concerns, affirmations, etc. the proposals may generate. Please contact me directly with your input. I will pass your comments along to the sub-committee chair for consideration. The work to be done in sub-committees includes:

The results of this planning process will be incorporated into a Compliance Implementation Plan that we hope will receive some initial funding from the Office of Victims of Crime.

I look forward to working with you to improve our criminal justice system by recognizing and enforcing crime victims' rights. Please feel free to contact me with any questions you have about our work during the project.

Sincerely,

Elaine Premo


The following is a draft list of rights of Oregon victims of crime compiled by the Oregon Crime Victims' Rights Compliance Project.

Crime Victims' Rights In Oregon

INDEX

DRAFT July 27, 2005

This INDEX of Crime Victims' Rights relates to the full list of rights provided to the Advisory Committee of the Oregon Crime Victims' Rights Compliance Implementation Project.

General Rights

1. The right to justice. Or Const Art 1 42(1).

2. The right to a meaningful role. Or Const Art 1 42(1).

3. The right to due dignity and respect. Or Const Art 1 42(1).

4. The right to fair and impartial.

5. Victim's rights shall be protected at each stage. ORS 147.410.

6. The right to be informed about rights. Or Const Art 1 42(1). ORS 147.417.

7. The right to be informed of critical stage of proceedings. Or Const Art 1 42. 

8. The right to select a support person. SB198.

9. Costs of complete medical assessment .Sec. 2, Chapter 789, Oregon Laws 2003.

10. Compensation for a child abuse medical assessment. ORS 147.390.

11. An award of compensation ORS 147.015.

12. An order prohibiting distribution of evidence. SB 199.

13. The right to be present. Or Const Art 1 42(1)(a). 

14. The right to copy of transcript. Or Const Art 1 42. ORS 147.419. 

15. The right to have address and phone number withheld. SB 850.

16. The right to be reasonably protected. Or Const Art 1 43(1)(a).

17. HIV test. ORS 135.139(2)(b). See also ORS 433.045 and ORS 433.080.

18. HIV test. ORS 135.139(4-6) 

19. HIV test, counseling and referral. ORS 135.139(8).

Appearance and Pretrial Rights

20. Notice about HIV testing and counseling. ORS 135.139(2)(a).

21. The right to be notified of the release hearing. ORS 135.245(5)(B)(i).

22. The right to appear at the release hearing. ORS 135.245(5)(B)(ii).

23. Domestic violence no-contact order. ORS 135.250 (2).

24. Pretrial release order prohibits contact with victim. ORS 135.970.

25. The right to be heard at pretrial release. Or Const Art 1 42, ORS 135.245.

26. The right to have pretrial release of defendant based on reasonable protection of victim. Or Const Art 1 43.

27. The right to refuse discovery. Or Const Art 1 42. ORS 135.970.

28. In automobile collision prosecution alleging defendant under the influence, all reports and information disclosed to the defendant. ORS 135.857.

29. Right to be heard at diversion hearing. ORS 813.222(1).

30. The right to be consulted regarding plea negotiations. Or Const Art 1 42. ORS 135.406.

Trial and Sentencing

31. When resetting trial date or setting court hearing requiring the presence of victim, court shall take victim into consideration. ORS 136.145.

32. Rape Shield Law. Oregon Evidence Code 40.210. Rule 412.

33. Pre-sentence report shall get statement from victim. ORS 137.530(2).

34. The right to be heard at sentencing. Or Const Art 1 42. ORS 137.013. 

35. Right to be notified of order to commit or conditionally release hearing. ORS 161.326.

Post-Conviction Rights

36. The right to obtain information. Or Const Art 1 42. ORS 147.421.

37. Victim updates regarding sex offender. ORS 181.601.

38. The right to receive prompt restitution. Or Const Art 1 42. ORS 137.106(3).

39. Compensatory fines. ORS 137.101.

40. Notice of a motion to set aside a conviction ORS 137.225.

41. The right to appear at State Board of Parole and Post-Prison Supervision hearing. ORS 144.120.

42. The right to be notified of parole board hearing and to express views. ORS 144.108(5)(a), ORS 137.545(11)(a) and ORS 144.343(9)(a).

43. Notification of release of a convicted person. ORS 144.260(3).

Rights for Victims of Crime Linked to the Criminal Justice System

44. Reasonable means taken to prevent further abuse, including notice of services and legal rights and remedies. ORS 103.055(3).

45. The right of abuse victim to get brochure, petition, order and related forms. ORS 107.718(5).

46. FAPA mandatory relief. ORS 107.718.

47. FAPA petitioner may provide mailing or contact address. ORS 107.718.

48. Waiver of personal service. ORS 107.835.

49. Unemployment benefits. HB 2662.

50. Terminate a rental agreement with a 14 day notice. ORS 90.453.

51. The right to have the victim's locks. ORS 90.459.

52. Oregon Housing Authority housing preferences.

53. VAWA full faith and credit. VAWA, 18 USC 2265. 

54. The DHS cannot release information. VAWA, 18 USC 384.

55. Right to self-petition INS for permanent residency. 8 USC Sec. 1110 et seq. 

56. Self-petitioners whose abusers are U.S. citizens may apply for status adjustment.

57. DHS cannot make unfavorable immigration decisions. VAWA, 18 USC 384.

58. Immigrant victims right to community based services.

59. Immigrant victims access crime victim services, VOCA funds, public benefits, shelters, protection orders, child custody, and child support.

60. Immigrant victims of domestic violence right to attorney.

61. U Visa.

62. T Visa.

63. TA/DVS (Temporary Assistance to Domestic Violence Survivors). OAR 461-135-1210 et seq.


 Home | Top | Search