77-37-5 - Remedies -- District Victims' Rights Committee.
77-37-5. Remedies -- District Victims' Rights Committee.
(1) In each judicial district, the Utah Council on Victims of Crime, established in Section63M-7-601, shall appoint a person who shall chair a judicial district victims' rights committeeconsisting of:
(a) a county attorney or district attorney;
(b) a sheriff;
(c) a corrections field services administrator;
(d) an appointed victim advocate;
(e) a municipal attorney;
(f) a municipal chief of police; and
(g) other representatives as appropriate.
(2) The committee shall meet at least semiannually to review progress and problemsrelated to this chapter, Title 77, Chapter 38, Rights of Crime Victims Act, Title 77, Chapter 38a,Crime Victims Restitution Act, and Utah Constitution Article I, Section 28. Victims and otherinterested parties may submit matters of concern to the victims' rights committee. Thecommittee may hold a hearing open to the public on any appropriate matter of concern and maypublish its findings. These matters shall also be considered at the meetings of the victims' rightscommittee. The committee shall forward minutes of all meetings to the Utah Council on Victimsof Crime for review and other appropriate action.
(3) If a victims' rights committee is unable to resolve a complaint, it may refer thecomplaint to the Utah Council on Victims of Crime.
(4) The Office of Crime Victim Reparations shall provide materials to local lawenforcement to inform every victim of a sexual offense of the right to request testing of theconvicted sexual offender and of the victim as provided in Section 76-5-502.
(5) (a) If a person acting under color of state law willfully or wantonly fails to performduties so that the rights in this chapter are not provided, an action for injunctive relief may bebrought against the individual and the government entity that employs the individual.
(b) For all other violations, if the committee finds a violation of a victim's right, it shallrefer the matter to the appropriate court for further proceedings consistent with Subsection77-38-11(2).
(c) The failure to provide the rights in this chapter or Title 77, Chapter 38, Rights ofCrime Victims Act, does not constitute cause for a judgment against the state or any governmententity, or any individual employed by the state or any government entity, for monetary damages,attorney fees, or the costs of exercising any rights under this chapter.
(6) The person accused of and subject to prosecution for the crime or the act whichwould be a crime if committed by a competent adult, has no standing to make a claim concerningany violation of the provisions of this chapter.
Amended by Chapter 82, 2010 General Session