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Rule 3.108 - Victims’ Right to be Heard and Comment

(a) When a supervised individual submits a request to transfer to a receiving state or a subsequent receiving state, or to return to a sending state, the victim notification authority in the sending state shall inform victims of the supervised individual of their right to be heard and comment. Victims of the supervised individual have the right to be heard regarding their concerns relating to the transfer request for their safety and family members’ safety. Victims have the right to contact the sending state’s interstate compact office regarding their concerns relating to the transfer request for their safety and family members’ safety. The victim notification authority in the sending state shall provide victims of the supervised individual with information regarding how to respond and be heard if the victim chooses.

(b)

     (1) Victims shall have 15 business days from receipt of notice required in Rule 3.108(a) to respond to the sending state. Receipt of notice shall be presumed to have occurred by the 5th business day following its sending.
     (2) The receiving state shall continue to investigate the transfer request while awaiting response from the victim.

(c) The sending state shall consider victim related concerns. Victims’ comments shall be confidential and shall not be disclosed to the public. The sending state or receiving state may impose conditions of supervision on the supervised individual to address victim related concerns.

(d) The sending state shall respond to the victim no later than 5 business days following receipt of victim related concerns.

History: Adopted November 4, 2003, effective August 1, 2004; amended October 11, 2017, effective March 1, 2018; amended October 9, 2019, effective April 1, 2020, amended September 11, 2024, effective November 1, 2024

References

Definitions

Click terms below to reveal definitions used in this rule.

Supervised Individual – means an “offender” defined by Article II of the Interstate Compact for Adult Offender Supervision as an adult placed under, or made subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies, and who is required to request transfer of supervision under the Compact.

Reporting Instructions – means the orders given to a supervised individual by a sending or receiving state directing the individual to report to a designated person or place, at a specified date and time, in another state. Reporting instructions shall include place, date, and time on which the supervised individual is directed to report in the receiving state.

Sending State – means a state requesting the transfer of a supervised individual, or which transfers supervision of a supervised individual, under the terms of the Compact and its rules.

Subsequent Receiving State – means a state to which a supervised individual is transferred that is not the sending state or the original receiving state.

Supervision – means the oversight exercised by authorities of a sending or receiving state over a supervised individual for a period of time determined by a court or releasing authority, during which time the supervised individual is required to report to or be monitored by supervising authorities, and to comply with regulations and conditions, other than monetary conditions, imposed on the supervised individual at the time of release to the community or during the period of supervision in the community.

Temporary Travel Permit – means, for the purposes of Rule 3.108 (b), the written permission granted to an offender, whose supervision has been designated a “victim–sensitive” matter, to travel outside the supervising state for more than 24 hours but no more than 31 calendar days. A temporary travel permit shall include a starting and ending date for travel.

Victim – means a natural person or the family of a natural person who has incurred direct or threatened physical or psychological harm as a result of an act or omission of a supervised individual.

Victim-Sensitive – means a designation made by the sending state in accordance with its definition of “crime victim” under the statutes governing the rights of crime victims in the sending state. The receiving state shall give notice of supervised individual’s movement to the sending state as specified in Rules 3.108 and 3.108-1