Notice to victim; opportunity to be heard; request for reconsideration.

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(2) When the panel conducts a hearing involving a young person found responsible except for insanity for an act for which there is a victim, the panel shall afford the victim an opportunity to be heard, either orally or in writing, at the hearing.

(3)(a) If the panel fails to make a reasonable effort to notify the victim of a panel hearing under subsection (1) of this section or fails to afford the victim an opportunity to be heard under subsection (2) of this section, the victim may request that the panel reconsider the order of the panel.

(b) If the panel determines that the panel failed to make a reasonable effort to notify the victim or failed to afford the victim an opportunity to be heard, except as provided in paragraph (c) of this subsection, the panel shall grant the request for reconsideration. Upon reconsideration, the panel shall consider the statement of the victim and may consider any other information that was not available to the panel at the previous hearing.

(c) The panel may not grant a request for reconsideration that is made:

(A) After the young person has been discharged from the jurisdiction of the Psychiatric Security Review Board;

(B) After the panel has held a subsequent hearing involving the young person; or

(C) If the panel failed to make a reasonable effort to notify the victim of a hearing, more than 30 days after the victim knew or reasonably should have known of the hearing. [2010 c.89 §8]


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