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STATE OF MISSOURI VICTIM CONSTITUTIONAL AND STATUTORY RIGHTS-EXCERPTS

[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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