Frequently Asked Questions
VICTIM SERVICES
Crime Victim's Rights


 

Who is a Victim?
What are a Victim's Rights?
Lawful Representative
Post-Conviction Relief Proceeding
Appellate Proceeding
Post-Conviction Release
Request to be notified of an inmate’s release
Courtesy Notifications
Request Not To Receive Inmate Mail
Board of Executive Clemency


The Arizona Department of Corrections (ADC) is committed to providing victims of crime and their families continued dedicated service.

Who is a victim? Pursuant to Arizona Revised Statute 13-4401, a victim is defined as a person against whom the criminal offense has been committed, or if death occurred or the victim is incapacitated, the victim's spouse, parent, child or other lawful representative. The person who is the victim cannot currently be in custody for an offense or be the accused.

What are a Victim's Rights? As a victim of crime, you have the right upon request to receive notice of all post-conviction review/relief and appellate proceedings, and all post-conviction release proceedings. You have the right to receive notice of the outcome arising from these proceedings and the right to be informed of the convicted defendant's release from prison, escape or death.

A Lawful Representative is a person who is designated by the victim or appointed by the court to act in the best interest of the victim. Only one person, a victim or a lawful representative, may receive notification.

A Post-Conviction Relief Proceeding is a contested oral argument or evidentiary hearing that is held in open court and involves a request by the defendant for relief from a conviction or sentence. A victim's request for notice of these proceedings must be sent to the Prosecutor's Office.

An Appellate Proceeding is a contested oral argument held in open court before the State Court of Appeals, the State Supreme Court, a Federal Court of Appeals, or the United States Supreme Court. A victim's request for notice must be sent to the Attorney General's Office, 15 S.15th Ave., Phoenix, Arizona 85007. Tel. (602) 542-4911.

A Post-Conviction Release means parole, work furlough, home arrest, community supervision or any other permanent, conditional or temporary discharge from confinement in the custody of the State Department of Corrections.

How do I request to be notified upon an inmate’s release from Department of Corrections Custody? A victim request for notice must be sent to the Arizona Department of Corrections, Offender Information-Victim Services, 1601 W. Jefferson, Phoenix, Arizona 85007, ( 602 ) 542-5586 utilizing the pink copy of the Post-Conviction Notification Request form. If you, as the lawful victim/representative, do not have a form available, you may request one by writing or calling the Department’s Victim Services. If an inmate is returned to custody in the Arizona Department of Corrections for a violation of release conditions and/or return from escape/abscond status, the Release Notification Unit will notify a victim of the inmate’s return.

Request Not to Receive Inmate Mail Pursuant to Arizona Revised Statute 13-4411.01 which is effective January 29, 2000, victims may request NOT to receive inmate mail and the Department shall not knowingly forward mail addressed to any person who requests not to receive mail pursuant to this section. The victim’s request must be indicated on a Post-Conviction request form and submitted to the Central Office Offender Information, Release Notification Services Unit. The Department of Corrections is sending revised Post-Conviction Notices to registered victims to be returned to the Department if the victim wants to make this request.

The Board of Executive Clemency, 1645 W. Jefferson, Suite 326, Phoenix, Az. 85007 (602-542-5656) will continue to notify victims and legal representatives of upcoming hearing dates on those inmates eligible by statute for a Board release. Persons choosing to attend a hearing, either to observe or provide input, must contact the Board of Executive Clemency for information regarding the specific date, time and location of the hearing.

Persons who do not wish to attend the hearing may provide written input for the Board’s consideration prior to the inmate’s hearing. It is important to be aware that a request for notification submitted to one agency for the identified purpose does not mean that any other agency will have knowledge of the request. For example, a request to the Board of Executive Clemency for notification of hearing date and times does not serve as a request to the Arizona Department of Corrections to receive notification upon the inmate’s release, escape or death.


 


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