Crime Victim Rights

Constitution of Kentucky affords victims of crime the following rights if requested in writing:

• Timely notice of all proceedings;
• To be heard in any proceeding involving release, plea, sentencing, or consideration of pardon, commutation, granting of reprieve, or other matter involving the rights of a victim;
• Proceedings free from unreasonable delay;
• To consult with the attorney for the Commonwealth or the designee of the attorney for the Commonwealth;
• Reasonable protection from the accused;
• Timely notice of release or escape of the accused;
• To have the safety of the victim and victim’s family considered when setting bail, release of the accused, and conditions of release;
• Full restitution to be paid by the convicted defendant;
• Fairness and consideration of the victim’s safety, dignity, and privacy;
• To be informed of these rights and standing to assert these rights.

Definition of Victim

KRS 421.500 defines “victim” as “an individual directly and proximately harmed” as a result of:

• The commission of a crime classified as a felony; a misdemeanor involving threatened or actual physical injury, harassment, or restraint; a misdemeanor involving a child or incompetent person; or a misdemeanor involving a sexual offense or a trespass;
• Conduct which, if committed by an adult, would be classified as a felony or a misdemeanor described in subparagraph 1 of this paragraph.

If the victim is a minor, incapacitated, or deceased, “victim” also means one (1) or more of the victim’s spouse, parents, siblings, children, or other lawful representatives which shall be designated by the court unless the person is the defendant or a person the court finds would not act in the best interests of the victim.

In a case in which the number of victims makes it impracticable to accord all victims of these rights, the court may fashion a reasonable procedure that does not unduly complicate or prolong the proceeding.

Attorneys for the Commonwealth will make reasonable efforts to ensure:

• All victims and witnesses who are required to attend proceedings are notified promptly of any scheduling changes affecting their appearances;
• If victims so desire and if they provide the attorney for the Commonwealth with a current address and telephone number, they shall receive prompt notification, if possible, of judicial proceedings relating to their case, including but not limited to the defendant’s release on bond and any special conditions of release; of the charges against the defendant, the defendant’s pleading to the charges, and the date set for the trial; of notification of changes in the custody of the defendant and changes in trial dates; of the verdict, the victim’s right to make an impact statement for consideration by the court at the time of sentencing of the defendant, the date of sentencing, the victim’s right to receive notice of any parole board hearing held for the defendant, and that the office of Attorney General will notify the victim if an appeal of the conviction is pursued by the defendant; and of a scheduled hearing for shock probation or for bail pending appeal and from any orders resulting from that hearing;
• The victim knows how to register to be notified when a person has been released from a prison, jail, juvenile-detention facility, or a psychiatric facility;
• The victim receives all available information about:
  • Protective, emergency, social, and medical services;
  • Crime victim compensation, where applicable;
  • Restitution, where applicable;
  • Assistance from a victim advocate; and
  • Community-based treatment programs;
• Consult with the victim on the disposition of the case;
• If the victim requests, informing employers of the victim or other witnesses needed in the prosecution of the case that these individuals may need to be absent from work during court proceedings;
• Full restitution is sought for eligible victims according to law.

Do you want notifications about court dates for your case? Follow these steps.

To receive notifications of court dates:

1. Go to www.vinelink.com
2. Choose “Kentucky”
3. Click “Find an Offender Court Case”
4. Enter the Defendant’s Name or the Case Number
5. Click the “VINE” button next to the defendant’s name
6. Click “Notify me of Changes”
7. Enter your phone number and/or email address
8. Continue
9. Click “Yes, Register”

Victim case-update request form

 

 

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