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Although it can often seem that criminals themselves have more rights than their helpless victims, Michigan legislators and jurists have been working hard for years to ensure that the victims of crimes have certain rights and that those rights are upheld.
This article will discuss what your rights are as a victim of crime in the state of Michigan and how those rights are applied.
The Crime Victims Rights Act -PA 87 of 1985 (M.C.L. 780.751)
In
1985 the Crime Victims Rights Act created comprehensive rights of
notification and participation in all stages of the criminal justice
process for felony crime victims in Michigan. In 1988 the law was
amended to include the victims of serious misdemeanors and juvenile
offenses.
Many
amendments significantly improving on the implementation and scope of
services have since been made. The law creates a duty for police
agencies, sheriffs, the Department of Corrections, prosecuting
attorneys, courts and other agencies to include crime victims within
the formal conduct of investigative, judicial, sentencing and post
sentencing proceedings.
The
county prosecuting attorney provides a substantial amount of additional
case management and advocacy work under the Act. Capable and dedicated
victim advocates in prosecutors’ offices throughout the state perform
much of these duties.
Contact your Michigan prosecutor and Sheriff for more information about crime victim’s rights in your community.
Notification of your Rights as a Victim
The Crime Victim's Rights Act, P.A. 87 of 1985,
as amended, provides certain rights to victims of crimes. The
prosecuting attorney is required by law to inform the victim of his or
her rights under the terms of the Crime Victim's Rights Act during the
pre-conviction process.
Victims are required to be notified and
consulted during the various steps of the criminal justice process. The
victim can also submit a written or oral impact statement to the
probation officer preparing the presentence investigation report.
In accordance with the act, the Michigan
Department of Corrections (MDOC), upon the written request of a victim,
must provide notification to victims regarding a prisoner's status
during their incarceration.
Who Is a Victim?
An individual who suffers direct or
threatened physical, financial or emotional harm as a result of the
commission of a crime is considered a "victim." Other persons such as
the spouse, child, parent, sibling, grandparent or guardian may also
qualify as a victim if the victim is deceased or is physically unable
to exercise the privileges and rights of the victim under the Crime
Victim's Rights Act.
Under special circumstances, individuals
that do not qualify under the definition of a "victim," may receive
some notifications outlined in the Crime Victim Rights Act. You may
contact MDOC Crime Victim Services at (517) 373-4467 or toll
free1-877-886-5401 to determine if you qualify.
How Do I Request to Be Notified?
You may request notification by completing a MDOC Crime Victim Notification Form.
Will My Name and Address Be Kept Confidential?
Yes. Victim names and addresses are exempt from disclosure under the terms of the Freedom of Information Act.
Michigan Crime Victim Notification Network(MCVNN)
800-770-7657
A
recent advancement to crime victim notification is the Michigan Crime
Victim Notification Network. This automated notification system greatly
enhances victim safety and convenience while providing added response
capabilities for agencies implementing crime victims rights.
MCVNN
is a free, confidential 24-hour telephone-computer interface that
allows crime victims and other citizens to register to receive almost
instantaneous telephone notice whenever a prisoner’s custody status
changes.
Notifications
produced by the system include the majority of crime victim rights act
requirements, including court schedule information. MCVNN also provides
immediate information to callers wishing to determine the current
custody status of a prisoner.
Department
of Community Health partners in this project include the Department of
Corrections, the Prosecuting Attorneys Association of Michigan and the
Michigan Sheriffs Association.
Constitutional Amendment For Crime Victims Rights
Upon
legislative approval of House Joint Resolution P, 84th Legislature, and
Proposal B by the electorate on November 8, 1988, Article I, Section 23
was added to the Constitution of the State of Michigan.
Effective
December 24, 1988, the amendment gave constitutional authority for the
statutory rights of crime victims, provided legislative authority to
enforce victims rights, and provided legislative authority to assess
convicted defendants to pay for crime victim’s rights.
The Criminal Assessments Act-PA 196 of 1989 (M.C.L. 780.901)
This
act provides for criminal assessments to support the Crime Victims
Rights Fund. It authorizes courts to order and collect financial
assessments from criminal defendants to support the fund, and provides
for disbursements from the fund to support crime victim rights services.
The
Crime Victim Services Commission is charged with recommending
appropriate assessment amounts and with authorizing disbursements from
the fund. This act has been amended several times to increase
assessment amounts and the scope of assessable offenses.
The fund provides 100 percent of state dollars for crime victim rights services. No general tax dollars are used.
Michigan Crime Victims Compensation Act
This act provides Michigan victims of crime reimbursement for the
cost of medical expenses, counseling, loss of earnings or support, and
burial assistance to survivors. Medical expenses include hospital
bills, doctor bills, laboratory fees, ambulance charges and other
related costs.
For more information on this important right for victims of crime check out DSAM's page specifically devoted to this act.
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