A victim of crime has the right:
A. 
To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse throughout the criminal justice process.
INFORMATION AND NOTICE
B. 
To receive notice when the accused is arrested.
C. 
To be promptly informed of all criminal proceedings where the defendant has the right to be present, and of the cancellation of such hearings or proceedings.
D. 
To be informed of sentencing recommendations relating to the crime against the victim when they are available.
E. 
To be informed when the accused or convicted person is released from custody or has escaped.
F. 
To be informed by the prosecutor’s office of the final disposition of the case.
G. 
To be informed that they may be eligible for available victim compensation or victim support programs.
H. 
To be informed of victims’ rights under this title.
PARTICIPATION
I. 
To confer with the prosecution before trial and before any disposition of the case.
J. 
To be heard, or at the victim’s choice, to present a recorded or written statement, at any proceeding involving a post-arrest release decision, a negotiated plea, sentencing, or post-conviction release from confinement.
K. 
To refuse to answer or respond to any questions at any pretrial interviews with the prosecution or defense that are meant to harass, intimidate, or gain information that could be used to harm the victim.
L. 
To be present at all criminal proceedings, except the trial if the victim has not yet testified. Crime victim testimony should be scheduled in such a way that allows the victim to be present for as much of the hearing as possible without disrupting the effective prosecution of the case.
M. 
To have a crime victim advocate or any other support person present at any prosecutorial or defense interviews with the victim, and at any judicial proceedings related to criminal acts committed against the victim, if such presence is practical and does not cause unnecessary delay. The role of any such support person is to provide emotional support, not to testify on behalf of the victim or intercede in the proceedings.
SAFETY
N. 
To be reasonably protected from the accused, and to be provided with information as to the level of protection available.
O. 
To be provided, whenever practical, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families or friends of defendants.
P. 
To access to immediate medical assistance and not to be detained for an unreasonable length of time by a law enforcement agency before having such assistance administered.
RESTITUTION
Q. 
To receive full and timely restitution upon order of the court from the person or persons convicted of the criminal conduct that caused the victim’s loss or injury.
R. 
To have stolen or other personal property promptly returned when no longer needed as evidence.
(Res. 22-A-074, 5/23/2022)
A. 
If a defendant’s conviction is reversed and the case is returned to the trial court for further proceedings, the victim has the same rights that were applicable to the criminal proceedings that led to the appeal or other post-conviction relief proceedings.
B. 
It is at the victim’s discretion to exercise the rights enumerated above. A victim’s absence at any particular hearing or decision not to exercise any particular right does not waive any other rights.
C. 
Any notices that are to be provided to a victim pursuant to this title shall be provided to the victim or victim’s designee in any reasonable form requested by the victim.
D. 
The rights to information and participation apply to criminal offenses and proceedings within the jurisdiction of the Tribe.
E. 
It shall be unlawful to discriminate or retaliate against any person based on that person’s status as a victim of a crime, or that person’s decision to waive or exercise any rights contained in this title.
(Res. 22-A-074, 5/23/2022)
A. 
A victim representative must act in the best interests of the victim and may exercise all of the rights of this chapter on behalf of the victim.
B. 
If a victim is physically or emotionally unable to exercise any right but is able to designate a victim representative, the designated representative may exercise the victim’s rights. The victim shall promptly provide written notice to the prosecutor’s office of the designation of a victim representative.
C. 
If a victim is incompetent, deceased, or otherwise incapable of designating a lawful representative to act in the victim’s place, a third party may request the court’s permission to act as a designated representative, or the court may appoint a designated representative. If at any time the victim is no longer incompetent, incapacitated, or otherwise incapable of acting, the victim may personally exercise the victim’s rights or appoint a new designee.
D. 
If the victim is a minor or other person with a legal guardian, the legal guardian may act as the victim’s representative on behalf of the victim after notifying the prosecutor’s office.
E. 
No person may exercise the rights on behalf of a victim if that person is accused of the crime against the victim.
(Res. 22-A-074, 5/23/2022)