Adult Crime Victims’ Automatic and Requested Rights
Every crime victim in Oregon has legal rights. Many of these rights go into effect automatically, while others must be requested. A crime victim, their attorney or the District Attorney may assert and enforce these rights on their behalf.
Oregon Constitution Art 1, §42(4) »
Automatic rights 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 or sentencing.
- prompt restitution.
- protect your personal identifiers from the defendant.
- obtain a copy of a transcript or recording of open court proceedings if one is already made.
- refuse to speak to an attorney or private investigator for the defendant.
Rights that must be requested to be exercised include the right to:
- be informed in advance of any critical stage of the proceedings held in open court when the defendant will be present. In Oregon law “critical stages” are defined in the adult criminal justice system by ORS 147.500(5) ».
- get information about the conviction, sentence, imprisonment, criminal history and future release from physical custody of the criminal defendant or convicted criminal.
- be consulted by the district attorney about plea negotiations and the final plea agreement in a violent felony case.
- be notified when the convicted person is released from prison.
- test the offender for HIV and other communicable diseases if the crime involved the transmission of body fluids.
- limit copying or disseminating information about, or recording of, a sexually explicit act in a case that involves a sexual offense.
- deny televised, photographed or recorded coverage of sex offense proceedings.
- receive information given to the defendant in a DUII automobile collision case.
- ongoing involvement in any court actions that happen after the conviction such as appeal, post-conviction or federal habeas proceedings, for person crimes and burglary in the first degree only.
Many other rights may apply. For a general overview, please review the Victims’ Rights Guide », available in several languages.
For assistance, please contact your local District Attorney Victim Assistance program», or the Oregon Department of Justice (DOJ).
Victims’ Rights, Post-Conviction
To request certain rights after a criminal conviction, crime victims must provide their contact information to:
- the county’s community corrections agency if the offender is supervised locally (on probation).
- the Oregon Board of Parole and Post-Prison Supervision (503-945-0907) if the offender is incarcerated in the state prison system.
- The Oregon Psychiatric Security Review Board (503-229-5596) or the State Hospital Review Panel (503-945-2800) if the offender is found Guilty Except for Insanity (GEI).
VINE (Victim Information Notification Everyday) gives crime victims 24-hour access to information about adult offenders in custody and youth offenders in Oregon Youth Authority facilities. The custody information in adult cases includes:
- the location of custody
- changes in parole or probation status
- release information
- transfer information
- notification of escape(s)
- notification of death
Crime victims must register with VINE to receive notifications. You can access VINE by calling 1-877-674-8463 or by visiting VINELINK.com ».
To be notified when someone in the custody of the Department of Corrections is scheduled to be released, contact Victim Services for the Oregon Board of Parole and Post-Prison Supervision at 503-945-0907.
To be notified 30 days in advance of Parole Board hearings, contact Victim Services for the Oregon Board of Parole and Post-Prison Supervision at 503-945-0907.
If the defendant is under the authority of the Psychiatric Security Review Board (PSRB) or the State Hospital Review Panel (SHRP), crime victims may be notified in advance of hearings or when the defendant is released, discharged or escapes by contacting the PSRB at 503-229-5596 or the SHRP at 503-945-2800. To be notified as soon as possible of an escape, contact the facility where the defendant is committed.
Crime victims can request information about registered sex offenders by calling the Oregon State Police Sex Offender Information line at 503-934-1258.
After conviction, confirm that you are signed up to receive the Oregon DOJ’s Post-Conviction Program services for any ongoing legal actions at 503-378-4284 or firstname.lastname@example.org.
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, contact Crime Victim and Survivor Services Division.