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STATE
OF MISSOURI VICTIM CONSTITUTIONAL AND STATUTORY RIGHTS-EXCERPTS
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[For full description,
see sections
595.200 and 595.209
of the Revised Statutes of Missouri
and Art.I, Section
32 of the Missouri Constitution.]
All of the following rights
are available to Missouri victims of crime. They are automatically provided
in the case of certain crimes and must be requested for others.
Specific to Law Enforcement:
- The right to information
about the crime.
- The right to be informed
of the status of any case concerning a crime against the victim.
- The right to be informed
of availability of victim compensation assistance, financial assistance, and
emergency crisis intervention services.
Specific to Law Enforcement, Custodial Authorities:
- The right to be informed
of any release of such person on bond or for any other reason, in advance
of release.
- The right to be informed
within 24 hours of escape from a facility and subsequent recapture of the
person.
Specific to Prosecuting Attorneys:
- The right to be present
at all criminal justice proceedings at which the defendant has such right.
- The right to be informed
in a timely manner of the filing of charges, preliminary hearing dates, trial
dates, continuances, and case disposition within five days.
- The right to confer
and be informed regarding bail hearings, guilty plea hearings, sentencing
hearings, probation violation hearings, and the right to be heard at such
hearings.
- The right to reasonable
protection from the defendant or a person acting in behalf of the defendant.
- The right to be informed
of the status of charged and submitted cases and any decision not to file
charges on a submitted case.
- The right to be informed
of procedures to apply for witness fees.
- The right for return
of the victim's property under defined conditions.
- The right to be provided
with creditor intercession services.
- The right to speedy
disposition of case.
- The right to notification
of the date, time, and location of hearings.
- The right to submit
a written statement/appear prior to acceptance of a plea bargain.
Specific to Juvenile Proceedings
- The right to be present
at juvenile proceedings where the offense would have been a felony if committed
by an adult.
- The right to be informed
and heard at juvenile hearings, probation revocation and parole hearings.
Specific to the Courts:
- The right to request
restitution.
- The right to exemption
from employer disciplinary action or discharge for honoring a subpoena.
- The right to a secure
waiting area.
- The right to submit
a written statement/appear at the time of sentencing/speak at sentencing.
Specific to Corrections or to Mental Health Facility.
- The right to be informed
of any release, in advance of release.
- The right to be informed
within 24 hours of escape from a facility and subsequent recapture of the
person.
- The right to be informed
of the projected date of release from confinement.
- The right to be informed
of scheduled parole or release hearings, with at least 30 days notice.
- The right to be informed
of any decision by the governor to commute a sentence or to pardon.
- The right to be notified
within 30 days of the death of such person.
Specific to the Attorney General:
- The right to speedy
appellate review of the case.
- Upon request the right
to be informed of the status of the case while on appeal.
Specific to Parole Hearings:
- Victim/representative
may bring one other person.
- Victim/representative
may testify with or without the inmate present.
- Victim/representative
may call/write board in lieu of personal appearance.
- Victim/representative
may have a personal meeting with a Board of Probation and Parole member.
- Right to notification,
upon request, of parole eligibility results.
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