MOVA—Advocating for Victim Rights in Missouri
CONSTITUTIONAL & STATUTORY RIGHTS OF CRIME VICTIMS
IN THE STATE OF MISSOURI
SPECIFIC TO LAW ENFORCEMENT:
- To be informed about the crime.
- To be informed of the status of any case concerning a crime against the victim.
- To be informed of availability of crime victim compensation, and emergency crisis intervention services.
SPECIFIC TO LAW ENFORCEMENT, CUSTODIAL AUTHORITIES:
- To be informed of any release of the accused on bond or for any reason, in advance of the release.
- To be informed within 24 hours of escape from a facility and any subsequent recapture of the person.
SPECIFIC TO PROSECUTING ATTORNEYS:
- To information about the status of the case, availability of crime victim compensation, and coordination of services with community providers.
- To be present at all criminal justice proceedings at which the defendant has such 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.
- 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.
- To reasonable protection from the defendant or a person acting in behalf of the defendant.
- To be informed of the status of charged and submitted cases and any decision not to file charges on a submitted case.
- To be informed of procedures to apply for witness fees.
- To assistance for return of the victim’s property under defined conditions.
- To be provided with creditor intercession services.
- To a speedy disposition of the case.
- To notification of the date, time, and locations of hearings.
- To submit a written statement or make an appearance to the court prior to the acceptance of a plea bargain.
SPECIFIC TO JUVENILE PROCEEDINGS:
- To be informed of the availability of victim compensation, help in documenting losses, and crisis intervention services.
- To be present at juvenile proceedings where the offense would have been a felony if committed by an adult.
- To be informed and heard at juvenile hearings, probation revocation and parole hearings.
- To be informed of the release from juvenile detention or Division of Youth Services.
SPECIFIC TO THE COURTS:
- To request restitution.
- To exemption from employer disciplinary action or discharge for honoring a subpoena.
- To a secure waiting area.
- To submit a written statement or to appear and speak at the time of sentencing.
SPECIFIC TO CORRECTIONs OR TO MENTAL HEALTH FACILITY:
- To be informed of any transfer or release, in advance of the release.
- To be informed within 24 hours of escape from a facility and any subsequent recapture of the person
- To be informed of the projected date of release from confinement.
- To be informed of scheduled parole or release hearings, with at least 30 days notice.
- To be informed of any decision by the Governor to commute a sentence or to pardon.
- To be notified within 30 days of the death of such person.
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 or send and audio/video taped message to the Board in lieu of personal appearance.
- Right to notification, upon request, of parole eligibility results.
SPECIFIC TO THE ATTORNEY GENERAL:
- To speedy appellate review of the case.
- Upon request, the right to be informed of the status of the case while on appeal.
For a full description of these rights, see RSMo.595.200 and 595.209; 595.212/215; and Article I, Section 32 of the Missouri Constitution.