§ 5234a. Rights of victims in delinquency proceedings involving a nonlisted crime
(a) The victim in a delinquency proceeding involving an offense that is not a listed crime
shall have the following rights:
(1) To be notified by the prosecutor’s office in a timely manner of the following:
(A) the victim’s rights as provided by law, information regarding how a delinquency proceeding
is adjudicated, the confidential nature of juvenile proceedings, and that it is unlawful
to disclose confidential information concerning the proceedings;
(B) when a delinquency petition is filed;
(C) the child’s name and the conditions of release ordered for the child or modified by
the court unless otherwise limited by court order; and
(D) when a dispositional court proceeding is scheduled to take place and when a court
proceeding of which the victim has been notified will not take place as scheduled.
(2) That delinquency has been found and disposition has occurred, any conditions of release
or conditions of probation, and any restitution unless otherwise limited by court
order.
(3) To file with the court a written or recorded statement of the impact of the delinquent
act on the victim and any need for restitution.
(4) To attend the disposition hearing for the sole purpose of presenting to the court
a victim impact statement, including testimony in support of the victim’s claim for
restitution pursuant to section 5235 of this title. The victim shall not be personally present at any portion of the disposition hearing
except to present a victim impact statement or to testify in support of the victim’s
claim for restitution unless the court finds that the victim’s presence is necessary
in the interest of justice.
(5) To be notified by the agency having custody of the child, if agreed to by the parties,
before the child is released into the community from a secure or staff-secured residential
facility.
(6) To have the court take the victim’s views into consideration in the court’s disposition
order. If the victim is not present, the court shall consider whether the victim has
expressed, either orally or in writing, views regarding disposition and shall take
those views into account when ordering disposition. The court shall order that the
victim be notified as to the identity of the child upon disposition if the court finds
that release of the child’s identity to the victim is in the best interests of both
the child and the victim and serves the interests of justice.
(b) The prosecutor’s office shall keep the victim informed and consult with the victim
through the delinquency proceedings. (Added 2015, No. 153 (Adj. Sess.), § 22; amended 2021, No. 160 (Adj. Sess.), § 11, eff. June 1, 2022.)