(a) If a victim of a felony, a sex offense as defined in Alaska Stat. § 12.63.100, or a crime involving domestic violence requests, the prosecuting attorney shall make a reasonable effort to

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Terms Used In Alaska Statutes 12.61.015

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • month: means a calendar month unless otherwise expressed. See Alaska Statutes 01.10.060
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • writing: includes printing. See Alaska Statutes 01.10.060
(1) confer with the person against whom the offense has been perpetrated about that person’s testimony before the defendant‘s trial;
(2) in a manner reasonably calculated to give prompt actual notice, notify the victim

(A) of the defendant’s conviction and the crimes of which the defendant was convicted;
(B) of the victim’s right in a case that is a felony to make a written or oral statement for use in preparation of the defendant’s presentence report, and of the victim’s right to appear personally at the defendant’s sentencing hearing to present a written statement and to give sworn testimony or an unsworn oral presentation;
(C) of the address and telephone number of the office that will prepare the presentence report; and
(D) of the time and place of the sentencing proceeding;
(3) notify the victim in writing of the final disposition of the case within 30 days after final disposition of the case;
(4) confer with the victim or the victim’s legal guardian concerning a proposed plea agreement before entering into the plea agreement to ask the victim or the victim’s legal guardian whether the victim is in agreement with the proposed plea agreement; the prosecuting attorney shall record whether the victim or the victim’s legal guardian is in agreement with the proposed plea agreement;
(5) inform the victim of a pending motion that may substantially delay the prosecution and inform the court of the victim’s position on the motion; in this paragraph, a “substantial delay” is

(A) for a misdemeanor, a delay of one month or longer;
(B) for a felony, a delay of two months or longer; and
(C) for an appeal, a delay of six months or longer.
(b) The notice given under (a)(2) of this section must inform the victim that the statement, sworn testimony, or unsworn oral presentation of the victim may contain any relevant information including

(1) an explanation of the nature and extent of physical, psychological, or emotional harm or trauma suffered by the victim;
(2) an explanation of the extent of economic loss or property damage suffered by the victim;
(3) an opinion of the need for and extent of restitution and whether the victim has applied for or received compensation for loss or damage; and
(4) the recommendation of the victim for an appropriate sentence.
(c) The state and the prosecuting attorney may not be held liable in damages for any failure to comply with the requirements of this section.
(d) The court may reschedule a hearing to consider a plea agreement as needed to allow additional time to comply with the victim notification requirements under (a)(2) and (4) of this section.
(e) Nothing in this section requires a victim or a victim’s legal guardian to provide a response to a prosecuting attorney regarding a plea agreement or requires the prosecuting attorney to be bound by the victim’s or legal guardian’s response regarding the plea agreement.
(f) The prosecuting attorney shall notify a victim of a sex offense as defined in Alaska Stat. § 12.63.100 or crime involving domestic violence as defined in Alaska Stat. § 18.66.990 if, before trial, the offender of the victim is discharged from a treatment program for noncompliance.
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