Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 2 - COURTS AND COURT OFFICERS (§§ 16-10-101 — 16-24-101) › Chapter 21 - PROSECUTING ATTORNEYS (§§ 16-21-101 — 16-21-2701) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-21-101 — 16-21-159) › Section 16-21-106 - Assistance to victims and witnesses of crimes - Victim of crimes case coordinator

(a)
(1)
The prosecuting attorneys shall, upon request, provide to a victim and the immediate family members of all homicide victims, whether or not they are witnesses in criminal proceedings, notice of critical events in the criminal justice process, which shall include, but not be limited to:
(A)
Notice of motions or hearings to establish or reduce bail or authorize other pretrial release from custody;
(B)
Notice of proceedings in which any plea agreement may be submitted;
(C)
Notice of trial;
(D)
Notice of any motion that may substantially delay the prosecution;
(E)
Notice that a court proceeding for which the victim has been subpoenaed will not transpire as scheduled;
(F)
Notice of the date, time, and place of the defendant's appearance before a judicial officer;
(G)
The function of a presentence report, the name, street address, and telephone number of the agency preparing the report, and the defendant's right of access to the report;
(H)
Notice of the victim's right under this act to present a victim impact statement and the defendant's right to be present at the sentencing proceeding;
(I)
Notice of the date, time, and place of any sentencing proceeding;
(J)
Notice of the date, time, and place of any hearing for reconsideration of a sentence imposed;
(K)
Notice of any sentence imposed and any modification of that sentence; and
(L)
Notice of the right to receive information from the Department of Corrections, Arkansas State Hospital, and any other facility to which the defendant is committed by the court.
(2)
After a prosecution is commenced, the prosecuting attorney shall promptly inform a victim of:
(A)
Relevant criminal justice procedures;
(B)
The crime with which the defendant has been charged, including an explanation of the elements of the crime, if necessary to an understanding of the nature of the crime; and
(C)
The file number of the case and the prosecuting attorney's name, office address, and telephone number.
(3)
(A)
The notice may be accomplished by providing the victim or immediate family member with a telephone number to a computer notification program.
(B)
Prosecutors remain responsible for providing the notice in instances where no computer notification program exists.
(4)
When an immediate family member has been charged with the homicide, that person shall not be notified in accordance with this section.
(b)
(1)
Prosecuting attorneys shall confer with the victim before amending or dismissing a charge or agreeing to a negotiated plea or pretrial diversion.
(2)
Failure of the prosecuting attorney to confer with the victim does not affect the validity of an agreement between the prosecuting attorney and the defendant or of an amendment, dismissal, plea, pretrial diversion, or other disposition.
(c)
(1)
The prosecuting attorney of the county from which the inmate was committed shall notify the Post-Prison Transfer Board at the time of commitment of the desire of the victim or member of the victim's family to be notified of any future parole, post-release supervision, or clemency hearings, and to forward to the board the last known address and telephone number of the victim or member of the victim's family.
(2)
It shall be the responsibility of the victim or the victim's next of kin to notify the board after the date of commitment of any change in regard to the desire to be notified of any future parole, post-release supervision, or clemency hearings.
(d)
The prosecuting attorneys and deputy prosecuting attorneys shall provide the following services to victims of crimes and witnesses of crimes and the family members of all homicide victims, whether or not they are witnesses in criminal proceedings:
(1)
Assisting the persons in obtaining protection from harm and threats of harm arising out of their cooperation with law enforcement and prosecution efforts;
(2)
Assisting the persons in applying for financial assistance and other social services available as a result of being a witness or victim of a crime;
(3)
Assisting the persons in applying for any witness fees to which they are entitled;
(4)
Providing, when possible, a secure waiting area during court proceedings that does not require the persons to be in close proximity to the defendants and families and friends of the defendants and otherwise make a reasonable effort to minimize unwanted contact between the victim, members of the victim's family, or prosecution witnesses and the defendant, members of the defendant's family, or defense witnesses before, during, and immediately after a judicial proceeding; and
(5)
Interceding with the persons' employers to assure that the employers cooperate with the criminal justice process in order to minimize loss of pay and other benefits resulting from court appearances.
(e)
In order to enable the prosecuting attorney to perform the additional duties provided in this section:
(1)
The prosecutor may request the county judge of the county to designate or provide an appropriate room or area in the county courthouse, reasonably close to the courtroom, to serve as a waiting area during court proceedings to accommodate the families and friends of the defendants, as provided in subsection (d) of this section; and
(2)
The prosecutor may request the quorum court of the county to provide additional employees for his or her office to be known as victim of crimes case coordinators at such salary as may be determined by the quorum court, to be in addition to any other position available to the prosecutor's office.
Amended by Act 2023, No. 659,§ 120, eff. 1/1/2024.
Amended by Act 2019, No. 910,§ 853, eff. 7/1/2019.
Acts 1983, No. 526, §§ 1, 2; 1985, No. 450, §§ 1, 2; A.S.A. 1947, §§ 24-141, 24-142; Acts 1991, No. 904, §§ 14, 20; 1991, No. 1124, § 1; 1995, No. 1256, § 20; 1995 (1st Ex. Sess.), No. 13, § 4; 1997, No. 736, § 1; 1997, No. 1262, § 16; 1999, No. 1508, § 7; 2005, No. 1975, § 2.