As a victim of crime in Oregon, you have legal rights. Many of these rights go into effect automatically and can be found in the “Victims’ Rights in the Juvenile Justice System” brochure. However, some rights you must request before they go into effect. A victim, the victim’s attorney or if the victim requests, the district attorney at his or her discretion, may assert and enforce these rights on your behalf. [Oregon Constitution Art 1, §42(4)]
Rights that are automatic and do not require further action include the right to:
- Be notified of your rights as soon as practicable
- Have a personal representative or support person with you
- Attend any open court proceeding
- Speak at a release hearing
- Prompt restitution
- Protect your personal identifiers from an alleged youth offender
- Obtain a copy of a transcript or recording of open court proceedings if one is already made. (You may be charged for the transcript or recording)
- Refuse to speak to an attorney or private investigator for the defendant
- Be notified if your case will be handled informally instead of through the court process by formal accountability agreement, diversion or teen or peer court
The following rights are also available to you if you choose to exercise them. You must request these rights:
- To be informed in advance of any critical stage of the proceedings held in open court when an alleged youth offender will be present. In Oregon law “critical stages” are defined as follows:
- To get certain criminal history information about the youth offender (alleged or adjudicated)
- In a violent felony case, to be consulted by the district attorney or juvenile department about plea negotiations and the final plea agreement
- If the crime involved the transmission of body fluids, testing of the youth offender for HIV
- To limit copying or distribution of visual or audio recordings of sexual conduct by a child or invasion of personal privacy
- To allow no coverage of sex offense proceedings by media television, photography, or recording equipment
- In a DUII automobile collision case, that any information about the case given to the youth offender, is also shared with you
- To be notified when the adjudicated youth is released from an OYA Youth Correctional Facility. You must give your contact information directly to OYA and keep this information up to date with any changes.
There are many other rights that may apply to your case. For a general overview please review the “Victims’ Rights in the Juvenile Justice System” brochure also available in Spanish and Russian. If you have questions, please contact your local district attorney victim assistance program who can supply you with a form that will appear similar to this Sample Victims' Rights Request Form, your local juvenile department, or the Oregon Department of Justice.
The following crime victims’ rights apply after a juvenile disposition:
- For youth under probation supervision with the county Juvenile Department, if you previously requested, you will continue to be notified of critical stage hearings unless you request not to.
- For youth committed to the custody of the Oregon Youth Authority, you must provide your contact information directly to the Oregon Youth Authority. For further information or assistance call 503-373-7205.
- Youth committed to the Oregon Youth Authority for placement in a youth correctional facility (close custody) may be paroled (released under supervision from close custody). For youth committed to a youth correctional facility, you may request to be notified of release from close custody. Youth on parole are supervised by the Oregon Youth Authority.
- VINE (Victim Information Notification Everyday)a victim notification system, gives victims of crime 24-hour access to limited information about youth offenders in custody at Oregon Youth Authority youth correctional facilities. You can use the VINE service by calling 1-877-674-8463 or by going to www.VINELINK.com.
- If the youth is under the authority of the Juvenile Psychiatric Security Review Board, you may be notified in advance of hearings, or when the youth is released, discharged or escapes, by providing your contact information to the Oregon Psychiatric Security Review Board at 503-229-5596. If you want to be notified as soon as possible of an escape, notify the facility where the youth offender is committed.
- In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for actual damages to person or property caused by any tort (wrongful act) intentionally or recklessly committed by such child”. [See ORS 30.765 for the complete statute]. Please seek legal advice for further information.
- If your rights are not honored, you can assert a claim of violation of crime victims’ rights. There are time limits for this right. For more information see www.doj.state.or.us/victims.