6140 - Victim statements, testimony and participation in hearing.
§ 6140. Victim statements, testimony and participation in hearing. (a) Duty of district attorney to provide notice.-- (1) The victim of the offense for which an inmate is sentenced shall be notified by the district attorney immediately following sentencing, in cases where the defendant has been sentenced to a term of imprisonment, that the victim or family member shall have the opportunity to present a statement for the parole report to be considered at the parole hearing or to testify to the parole board expressing his opinion concerning the release of the inmate. (2) The district attorney shall provide notice to a member of the immediate family of the victim if the victim: (i) is a juvenile; (ii) is incapable of testifying; or (iii) died as a result of the defendant's conduct. (b) Notice of intent to submit statement.--In order to submit a statement under subsection (a), a victim or family member must notify the board of his intention to do so and provide and keep current an appropriate mailing address with the board. (c) Contents of parole report.--The parole report may include a statement concerning: (1) The continuing nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim. (2) The extent of any loss of earnings or ability to work suffered by the victim. (3) The continuing effect of the crime upon the victim's family. (d) Notice to persons who previously contacted the board.-- (1) At the time public notice is given that an inmate is being considered for parole pursuant to this section, the board shall also notify any victim or nearest relative who has previously contacted the board of the availability to provide a statement for inclusion in the parole report or to present testimony for inclusion at the parole hearing. (2) The board shall notify the person identified under paragraph (1) at the person's last known mailing address. The notification required by this section shall be given by the board in the case of a parole to be granted pursuant to section 6139 (relating to parole procedure) or by the court in the case of a parole to be granted pursuant to section 6133 (relating to probation services). (e) Notice of intent to present testimony.--The victim or family member shall notify the board within 30 days from the date of the notice of his intent to present testimony at the parole hearing. This time period may be waived by the board for good cause. (f) Referral to hearing officer.--If the victim or family member submits a written statement to the board subsequent to notice, the statement shall be made a part of the board's file on the inmate, and the inmate's case shall be referred to a hearing officer designated to conduct parole release hearings. (g) Assignment to hearing examiner.--If the victim or family member informs the board subsequent to notice being provided that the person intends to testify, the chairperson shall assign the inmate's case to a hearing examiner for the purpose of receiving the person's testimony. (h) Hearing procedure.-- (1) The assigned hearing examiner shall conduct a hearing within 30 days from the date the board received notification of the intent to offer testimony. (2) The hearing shall be conducted at a time and place and on a date determined by the chairperson or designee. Notice of the time, place and date of the hearing shall be provided to the victim or family member, in writing, and shall be mailed at least ten days prior to the hearing date. (3) The hearing shall be recorded by an electronic recording device. (4) The hearing examiner shall prepare a written report within a reasonable amount of time prior to the hearing date. A copy of the report shall be forwarded to the person offering testimony. A copy of the report shall be made a part of the board's file on the inmate. (5) Upon completion of the written report, the inmate's case shall be referred to a hearing examiner designated to conduct parole release hearings. (6) (i) The hearing scheduled pursuant to this section shall be conducted, when possible, prior to a parole release hearing and prior to the board rendering a decision. (ii) Nothing in this section shall be construed to preclude the board from conducting a timely parole release hearing. (7) After submission of the report, the board shall within a reasonable amount of time: (i) Evaluate the information provided. (ii) Determine whether the decision shall be affirmed or modified. (iii) Determine whether a rescission hearing shall be conducted. (iv) Notify the inmate in writing of its decision. (8) Except as otherwise provided by law or this section, any and all statements or testimony of the victim or family member submitted to the board pertaining to: (i) the continuing nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim; (ii) the extent of any loss of earnings or ability to work suffered by the victim; and (iii) the continuing effect of the crime upon the victim's family: (A) Shall be deemed confidential and privileged. (B) Shall not be subject to subpoena or discovery. (C) Shall not be introduced into evidence in any judicial or administrative proceeding. (D) Shall not be released to the inmate. (9) All records maintained by the board pertaining to victims shall be kept separate. Current address, telephone numbers and any other personal information of the victim and family members shall be deemed confidential. (10) Except as otherwise provided by law, no person who has had access to a report, record or any other information under this section shall disclose the content of the report, record or other information or testify in a judicial or administrative proceeding without the written consent of the victim. (11) A victim or the family member who has submitted a written statement for the parole report or testified at a hearing pursuant to this section shall be notified by the board of the final decision rendered in the inmate's case. (12) If the final decision is to not release the inmate and if, subsequent to that decision, additional parole release hearings are conducted for that same inmate, then the victim or family member who has submitted a written statement for the parole report or who has testified at a hearing pursuant to this section shall be notified by the board at the last known address if and when additional parole hearings are scheduled by the board. Cross References. Section 6140 is referred to in sections 6134.1, 6135 of this title.