State Victim‑Rights Statutes Extend Notification and Consultation Before Criminal Charges and Plea Deals

100 CASSELL ET AL. [Vol. 104 Other states also expressly extend nights before the filing of charges. Colorado guarantees rights at “all critical stages of the criminal justice process|,]” which includes both the filing of charges and the decision to not file charges.”*> In Missoun, victims have the right: on charged cases or submitted cases where no charge decision has yet been made, to be informed by the prosecuting attorney of the status of the case and of the availability [of different forms of compensation and assistance] and of any final decision by the prosecuting attorney not to file charges.”*° In New Jersey, officials typically send a letter informing the victim “that the case has been referred to the prosecutors’ office and explains and offers the services available from the country office of victim-witness advocacy.””*’ Subsequent letters to the victim ensure that the victim has notice of a series of decisions long before indictment,”* and the office actively solicits information in order to “help the prosecutor’s office decide whether or not to prosecute a case.””*? Along a similar vein, the Massachusetts legislature included a provision that makes it clear that nothing should prevent a prosecutor from providing victim services to persons injured by the commission of a crime, even though a complaint or indictment has not yet been issued.*”° In addition to extending nghts before the filing of charges, several states require consultation before the prosecutor reaches a plea agreement with the defendant. For example, Idaho’s statute provides that a victim must be given an opportunity “to communicate with the prosecution in criminal or juvenile offenses, and be advised of any proposed plea agreement by the prosecuting attorney prior to entering into a plea agreement in criminal or juvenile offenses involving crimes of violence, sex 35 CoLo. Const. art. II, § 16a; Coxo. REv. Stat. § 24-4.1-302(1) (2013). But see CoLo. Rev. STAT. § 24-4.1-302.5(1)(f) (2012) (limiting conferral right, in particular, to later stages of a criminal proceeding). Despite these limitations on the conferral right, victims retain the ability to be heard at any hearing involving a plea. See id. § 24-4.1-302.5. 236 Mo. ANN. STAT. § 595.209(10) (West 2011). 237 OFFICE OF VICTIM-WITNESS ADvocacy, N.J. DEP’T of LAW & Pup. SAFETY, A CRIME VICTIM’S GUIDE TO THE CRIMINAL JUSTICE SYSTEM 4 (2d ed. 1997), see also N.J. Const. art. I, § 22. Compare 18 U.S.C. § 3771 (2012), with N.J. Stat. ANN. § 52:4B-36 (West 2009). In addition to the rights similar to the federal legislation, New Jersey law provides for the right “tlo be advised of case progress and final disposition and to confer with the prosecutor’s representative so that the victim may be kept adequately informed ... .” Id. § 52:4B-36(k). 238 See OFFICE OF VICTIM-WITNESS ADVOCACY, supra note 237, at 4 (including pre-grand jury remand, administrative dismissal, grand jury remand, grand jury dismissal, and indictment returned). 239 Id. at 26 (describing victim involvement at grand jury and arraignment stages of the proceeding). 240 See Mass. ANN. LAWS ch. 258B, § 2 (LexisNexis 2004). HOUSE_OVERSIGHT_014079