Victim impact statement

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  • (a) The provisions of this section shall govern the disposition of any criminal offense within the jurisdiction of the Superior Court in any case which involves an identified victim whose whereabouts are known.

  • (b) It is the responsibility of the prosecutor's victim or witness assistance unit in each judicial district, or a representative designated by the Attorney General or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing, at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in Superior Court and at a parole hearing. The Department of Justice or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In those cases in which the prosecutor determines that there has been extensive or significant impact on the life of the victim, a Victim Witness Assistance Representative, designated by the Attorney General, shall assist the victim in completing the form. The victim must submit this statement to the Department of Justice within appropriate time limits set by that Department to be filed in the court records by the Department of Justice so it may be available to the defense for a reasonable period of time prior to sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the prosecutor shall forward a copy of the impact statement to the Territorial Probation Office and the United States Virgin Islands Parole Board.

  • (c) The Attorney General shall develop a standard form for the victim impact statement. For this purpose, the Attorney General may seek the assistance of any other territorial agency or department in developing this form.

  • (d) The victim impact statement shall:

    • (1) Identify the victim of the offense;

    • (2) Itemize any economic loss suffered by the victim as a result of the offense;

    • (3) Identify any physical and psychological injury suffered by the victim as a result of the offense, along with its seriousness and permanence;

    • (4) Describe any changes in the victim's personal welfare or familial relationships as a result of the offense;

    • (5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense;

    • (6) Contain any other information related to the impact of the offense upon the victim; and

    • (7) The original of the statement must be included in the court file with one copy for the prosecutor and one copy for the victim.

  • (e) The Judicial Council shall develop appropriate guidelines for Superior Court judges to follow for the purpose of utilizing and considering the victim impact statement, along with all other mitigating and aggravating circumstances, in determining the sentence to be imposed.

  • (f) No sentence may be invalidated because of failure to comply with the provisions of this chapter. This section may not be construed to create any cause of action for monetary damages.


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