North Carolina General Statutes 15A-831. Responsibilities of law enforcement agency
(a) As soon as practicable but within 72 hours after identifying a victim covered by this Article, the investigating law enforcement agency shall provide the victim with at least the following information in writing, on a form created by the Conference of District Attorneys:
(1) The availability of medical services, if needed.
Terms Used In North Carolina General Statutes 15A-831
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
(2) The availability of crime victims’ compensation funds under Chapter 15B of the N.C. Gen. Stat. and the address and telephone number of the agency responsible for dispensing the funds.
(3) The address and telephone number of the district attorney’s office that will be responsible for prosecuting the victim’s case.
(4) The name and telephone number of an investigating law enforcement agency employee whom the victim may contact if the victim has not been notified of an arrest in the victim’s case within six months after the crime was reported to the law enforcement agency.
(5) Information about an accused’s opportunity for pretrial release.
(6) The name and telephone number of an investigating law enforcement agency employee whom the victim may contact to find out whether the accused has been released from custody.
(7) The informational sheet described in N.C. Gen. Stat. § 50B-3(c1), if there was a personal relationship, as defined in N.C. Gen. Stat. § 50B-1(b), with the accused.
(8) A list of each right enumerated under N.C. Gen. Stat. § 15A-830.5(b).
(9) Information about any other rights afforded to victims by law.
(b) Within 72 hours after the arrest of a person believed to have committed a crime covered by this Article, the arresting law enforcement agency shall inform the investigating law enforcement agency of the arrest. Following receipt of this information, the investigating law enforcement agency shall notify the victim of the arrest within an additional 72 hours.
(c) Within 72 hours after receiving notification from the arresting law enforcement agency that the accused has been arrested, the investigating law enforcement agency shall also forward to the district attorney’s office that will be responsible for prosecuting the case the defendant‘s name and the victim’s name, address, and telephone number or other contact information, unless the victim refuses to disclose any or all of the information, in which case, the investigating law enforcement agency shall so inform the district attorney’s office.
(d) Upon receiving the information in subsection (a) of this section, the victim shall, on a form created by the Conference of District Attorneys and provided by the investigating law enforcement agency, indicate whether the victim wishes to receive any further notices from the investigating law enforcement agency on the status of the accused during the pretrial process. If the victim elects to receive further notices during the pretrial process, the victim shall return the form to the investigating law enforcement agency within 10 business days of receipt of the form. The victim shall be responsible for notifying the investigating law enforcement agency of any changes in the victim’s name, address, and telephone number.
(e) Upon receiving a form from the victim pursuant to subsection (d) of this section, the investigating law enforcement agency shall promptly share the form with the district attorney’s office to facilitate compliance with the victim’s preferences on notification. (1998-212, s. 19.4(c); 2001-433, s. 2; 2001-487, s. 120; 2008-4, s. 1; 2019-216, s. 4.)