A victim impact statement may be delivered in-person, telephonically, or by any other means reasonably feasible for the court, and may be oral, written, or recorded in any other form that can be readily accessed by the court. Victim impact statements may be submitted confidentially, but the court shall consider the fact that the defendant has not had an opportunity to review or respond to the statement when determining the statement’s weight. The victim may also submit the statement non-confidentially to be read in court but may request that a physical copy may not be shared with the defendant. A crime victim has the right to submit or present a victim impact statement at any hearing at which a negotiated plea will be presented to the court and any sentencing hearing. The impact statement may include the following, which may be accompanied by supporting documentation:
A. 
An explanation of the nature and the extent of any physical, psychological, or emotional harm or trauma suffered by the victim.
B. 
An explanation of the extent of any economic loss or property damage suffered by the victim.
C. 
An explanation of the need for and extent of restitution.
D. 
A disclosure that the victim has applied for or received other compensation for the loss or damage.
(Res. 22-A-074, 5/23/2022)
A. 
The prosecutor will confer with the victim and the victim advocate, if applicable, prior to trial, and prior to any final disposition of the case, including a plea, dismissal, sentence negotiations, or a pretrial diversion program.
B. 
The right of the victim to confer with the prosecutor and victim advocate does not include the authority to direct the on-going prosecution or dismissal of the case.
C. 
The inability to arrange a conference with the victim does not preclude the prosecutor from taking any otherwise lawful action, as long as reasonable efforts were made to confer with the victim as required by this title.
(Res. 22-A-074, 5/23/2022)
A. 
In accordance with section 33.05.03, the victim’s contact information will not be available to the accused. In order to request a pre-trial interview or deposition, the accused or accused’s attorney must contact the prosecutor’s office who will forward the request to the victim. If the victim consents to an interview or it is required by tribal law or rules of procedure, the prosecutor’s office shall inform the defendant, or the defendant’s attorney or agent, of the time, place, and conditions of the interview. The prosecutor’s office shall not be required to forward any correspondence from the defendant, the defendant’s attorney, or an agent of the defendant to the victim.
B. 
The victim has the right to select reasonable conditions, including time and place, for any pre-trial interviews. The victim has the right to refuse to answer questions during the interview that are meant to harass, intimidate, or gain information that could be used to harm the victim.
C. 
The prosecutor has standing at the request of the victim to protect the victim from harassment, intimidation, or abuse and may seek any appropriate protective court order against the defendant or any other person. This section does not limit in any way a victim’s rights to seek protective orders or other legal protection on their own behalf against the defendant or any other person.
(Res. 22-A-074, 5/23/2022)