(a) Victims and witnesses have a right to be treated with dignity and compassion.
(1) A victim has a right to basic human services to meet emergency and long term needs caused by financial, physical, or psychological injury.
(2) A victim or witness has a right to be treated with dignity by human service professionals who provide basic assistance.
(3) A victim or witness has a right to receive courteous assistance as he cooperates with criminal justice personnel.
(b) Victims and witnesses have a right to protection from intimidation and harm.
(1) A victim has the right to be free from intimidation when involved in the criminal justice system.
(2) When the threat of damaging intimidation cannot be avoided, law enforcement agencies shall take measures to protect the victim or witness, including, but not limited to, transportation to and from court and physical protection in the courtroom and adjoining facilities.
(3) The court shall provide the victim or witness waiting areas that are separate from those that will be used by the defendant, his family, or friends.
(4) If a witness is threatened, the prosecutor shall, to the extent reasonably possible, attempt to prosecute the person.
(c) Victims and witnesses have a right to be informed concerning the criminal justice process. Victims and witnesses who wish to receive notification and information must provide the Department of Justice or the United States Attorney, as applicable, with their current address and telephone numbers. The prosecutor who is prosecuting the case shall have the responsibility of ensuring that the rights listed in this subsection are promulgated and complied with, except subsection (c)(6) and (7) of this section which are the responsibility of the Bureau of Corrections.
(1) A victim or a witness has a right to be informed about the procedures and practices of the criminal justice system.
(2) A victim has a right to be informed of financial assistance and other social services available to victims and witnesses.
(3) A victim has a right to be informed of any compensation or fees to which he is entitled.
(4) A victim has a right to know the status and progress of his case from the police investigation to final disposition.
(5) A victim or prosecution witness has a right to be informed of a defendant's release on bail.
(6) A victim or prosecution witness has a right to be informed of post-sentence hearings affecting the probation or parole of the offender.
(7) A victim or prosecution witness has the right to be informed when the convicted offender receives a temporary, provisional, or final release from custody or the offender escapes from custody.
(8) Unless there is a judicial determination to restrict attendance, a victim or witness has the right to attend all hearings and procedures involving his case. A victim or witness has the right to be informed of all hearings and procedures in time to exercise his right to attend.
(9) A victim has the right to be informed of whatever rights to legal counsel are available to him in this Territory.
(10) A victim has the right to discuss his case with the prosecutor.
(11) A victim has a right to be informed of all available civil remedies respecting his case and to proceed in civil suits for recovery of damages if possible, including placing a lien on any profits received by the offender as a result of publication or media coverage resulting from the crime.
(12) A victim has the right to discuss his case with the prosecutor and to be informed of any offers to plea bargain with the defendant.
(13) A victim or prosecution witness has the right to be notified in advance when a court proceeding has been rescheduled or cancelled.
(14) A witness has a right to be informed of financial assistance, compensation, or fees to which he is entitled.
(d) Victims and witnesses have a right to reparations.
(1) A victim or witness has the right to receive a reasonable witness fee plus reimbursement for necessary out-of-pocket expenses associated with lawfully observing a subpoena. The court shall determine the rate of reimbursement and reimburse all eligible persons in a timely manner.
(2) A victim, or his surviving dependents, has the right to receive financial compensation for physical or emotional injuries suffered as a result of being a victim of a violent, bodily crime. The eligibility and award will be determined by the Virgin Islands Criminal Victims Compensation Commission.
(3) A victim has the right to receive restitution for expenses or property loss incurred as a result of the crime. The judge shall order restitution at every sentencing for a crime against person or property, or as a condition of probation or parole, unless the court finds a substantial and compelling reason not to order restitution. The court shall diligently, fairly, and in a timely manner enforce all orders of restitution.
(e) Victims and witnesses have a right to preservation of property and employment.
(1) A victim or witness has the right to respond to a subpoena without fear of retaliation or loss of wages from his employer. Victims and witnesses must be provided, where appropriate, with employer and creditor intercession services by the prosecutor who:
(A) shall seek employer cooperation in minimizing an employee's loss of pay and other benefits resulting from his participation in the criminal justice process, and
(B) shall seek consideration from creditors if the victim is unable, temporarily, to continue payments.
(2) A victim has the right to have recovered or taken personal property returned as expeditiously as possible unless the property is contraband, property subject to evidentiary analysis, property the ownership of which is disputed, or the property is needed for law enforcement or prosecution purposes. The property must be returned by the court, the prosecutor, or law enforcement agencies using photographs of property as evidence whenever possible.
(f) Victims and witnesses have a right to due process in criminal court proceedings. The court, the prosecutor and the defense shall recognize the rights due victims and witnesses and protect them as diligently as the defendant's rights.
(1) A victim has the right to participate in the criminal justice process directly or through representation.
(2) A victim or witness has the right to retain counsel with standing in court to represent him in cases involving the victim's reputation.
(3) A victim or witness has the right to a speedy disposition of the case so as to minimize the stress, cost and inconvenience resulting from his involvement in a prosecution.
(g) Victims and witnesses who are very young, elderly, who are handicapped, or who have special needs, have a right to special recognition and attention by all criminal justice, medical, and social service agencies. The court shall treat “special” witnesses sensitively, using closed or taped sessions when appropriate. The prosecutor or defense shall notify the court when a victim or witness deserves special consideration.