When a defendant is found guilty except for insanity, or is already under the jurisdiction of the Psychiatric Security Review Board, and a victim desires notification, the victim has the right to be notified by the PSRB and be given the right and opportunity to be heard when the board conducts a hearing.
If the board fails to make reasonable effort to notify the victim, or fails to give the victim the opportunity to be heard, the victim may request that the board reconsider its order. The board must grant the request, shall consider the victim’s statement, and may consider other information that was not available to the board at the hearing.
The right to reasonable, accurate and timely notice from the Attorney General when an appeal is taken in the criminal proceeding.
The right to reasonable, accurate and timely notice from the counsel for the state when a conviction in the criminal proceeding is the subject of a petition for post-conviction relief filed under ORS 138.510 to 138.680.
The right to attend any public hearing related to the criminal proceeding that is conducted by an appellate court.
The right to be reasonably protected from the offender, if the offender is present, at any related appellate or post-conviction relief proceeding.
Upon request, the victim has the right to have their schedule taken into account in scheduling the post-conviction proceedings.
Upon request, the victim has the right to inspect, in advance of the post-conviction proceedings, any public record on which the disposition of the petition will be based.
Upon request, the victim has the right to be heard, either orally or in writing, at the hearing.
Upon request, the victim has the right to consult with counsel for the state regarding the post-conviction proceeding, including, if applicable, notice of and the opportunity to consult regarding a settlement agreement.
Upon request, the victim has the right to be informed by counsel for the state of the manner in which the petition was disposed.
Any victim of a crime that is the subject of a proceeding conducted by the State Board of Parole and Post-Prison Supervision; the victim may appear personally or through the next of kin or a representative selected by the victim. The victim has the following rights:
- The right to be reasonably protected from the offender during the proceeding; The right to attend the proceeding in person or, at the discretion of the victim and with advance notice to the board, to attend the proceeding by alternative means; the right to request the district attorney of the county in which the offender was convicted, in the discretion of the district attorney, to participate in the proceeding.
- The board must make a reasonable effort to notify the district attorney and the victim (if the victim requests) of any hearing conducted by the board by written notice (no later than 30 days before the hearing).
- The victim and the district attorney have the right to appear at any hearing conducted by the board, and may submit written and oral statements expressing views of the crime and the offender.
- The victim and the district attorney shall be given access to the information that the board will rely upon in the hearing, and shall be given adequate time to rebut the information. The victim and the district attorney may request the board obtain and consider additional records, evaluation or other documents.
These rules also apply to contested hearings conducted by the supervisory authority.
The state shall comply with federal crime victims’ rights in federal habeas corpus proceedings.
The State Police shall establish a toll-free telephone number to give victims of sex offenses updates on prison status, release information, parole status and any other information authorized for release about the person who committed the crime against the victim.
If a person is on post-prison supervision following conviction of a sex crime, the board or supervisory authority shall include a prohibition against any contact with the victim, directly or indirectly, unless approved by the victim, the person’s treatment provider and the board, supervisory authority or supervising officer.
If the Parole Board, the Department of Corrections or community corrections agency determines that a person under its supervision is a predatory sex offender, the agency supervising the person shall consider notifying any prior victim of the offender that the person is a predatory sex offender.
A victim has the right to receive prompt restitution from the convicted criminal who caused the victim’s loss or injury. When a person is convicted of a crime that resulted in pecuniary damages, the district attorney shall investigate and present to the court, prior to the time of sentencing, evidence of the nature and amount of such damages. If the court finds that a victim suffered pecuniary damages, the court shall: (a) Include in the judgment a requirement that the defendant pay the victim restitution in a specific amount that equals the full amount of the victim’s pecuniary damages; or (b) Include in the judgment a requirement that the defendant pay the victim restitution, and that the specific amount of restitution will be established by a supplemental judgment. In the supplemental judgment, the court shall establish a specific amount of restitution that equals the full amount of the victim’s pecuniary damages as determined by the court.
Whenever the court imposes a fine for the commission of a crime for which the person injured has a civil remedy, the court may order that the defendant pay any portion of the fine. This section shall be liberally construed in favor of victims. Compensatory fines may be awarded in addition to restitution.
When a youth offender has been found to be within the jurisdiction of the juvenile court for defacing property by creating graffiti, the court may order the youth offender to perform personal service consisting of removing graffiti or if the victim does not agree to the personal service, community service consisting of removing graffiti at some other location.
The court shall notify the parties to a juvenile court action and any other interested parties of a dispositional review hearing. The notice shall state the time and place of the hearing.
At the hearing at the half-sentence point of a person who was under 18 years old at the time of the commission of the offense for which the person was sentenced to a term of imprisonment of at least 24 months, the person must prove by clear and convincing evidence that if conditionally released, the person would not be a threat to the safety of the victim or the victim’s family.
When a prosecuting attorney is served with a copy of a motion to set aside a conviction, the prosecuting attorney shall provide a copy of the motion and notice of the hearing date to the victim by mailing a copy of them to the victim’s last-known address. The court shall allow the victim to make a statement at the hearing.
The State Board of Parole and Post-Prison Supervision must attempt to notify a victim, if the victim requests to be notified and furnishes the board a current address, at least 30 days before all hearings by sending written notice to the victim’s current address. Victims have the right to appear at any hearing or, in their discretion, to submit a written statement adequately and reasonably expressing any views concerning the crime and the person responsible. The victim shall be given access to the information that the board or division will rely upon and shall be given adequate time to rebut the information. The victim may present information or evidence at any hearing, subject to such reasonable rules as may be imposed by the offices conducting the hearing.
A victim has the right, upon timely request, to be notified by the State Board of Parole and Post-Prison Supervision of any hearing before the Board that may result in the revocation of the parolee’s parole, or in a revocation sanction for a post-prison supervision violation; to appear personally at the hearing; and, if present, to reasonably express any views relevant to the issues before the Board. If a victim so requests, the Board or the Department of Corrections, as the case may be, shall notify the victim of release of a convicted person from a Department of Corrections institution on parole or post-prison supervision.
A victim has the right, upon timely request, to be notified by the district attorney of any hearing before the court that may result in the revocation of the defendant’s probation; to appear personally at the hearing; and if present, to reasonably express any views relevant to the issues before the court.
Upon agreement of a youth offender, the youth offender’s parent or guardian and the victim of the youth offender’s conduct, the court may order a youth offender to perform personal service for the victim as a condition of probation. Personal service performed pursuant to the order shall constitute full or partial satisfaction of any restitution ordered, as provided by agreement prior to the making of the order.
An early disposition program for first-time offenders who have committed a nonperson offense and for persons charged with probation violations must provide victim notification and appearance.