Utah Code 63M-7-1003. Complaint of violation of victim rights — Criminal justice agency policy about complaints
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Terms Used In Utah Code 63M-7-1003
- Committee: means a victim rights committee established in each judicial district as described in Section
63M-7-1002 . See Utah Code 63M-7-1001 - Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Criminal justice agency: includes :(3)(b)(i) a law enforcement agency as defined in Section
63M-7-502 ;(3)(b)(ii) a prosecuting agency;(3)(b)(iii) the Department of Corrections created in Section64-13-2 ; or(3)(b)(iv) the Board of Pardons and Parole created in Section77-27-2 . See Utah Code 63M-7-1001- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Representative of a victim: means the same as that term is defined in Section
77-38-2 . See Utah Code 63M-7-1001- Victim: means an individual against whom criminal conduct has allegedly been committed. See Utah Code 63M-7-1001
(1)(a) When a committee receives a complaint, the committee shall review the complaint to determine whether the complaint alleges a violation of a victim‘s rights.(1)(b) If a complaint alleges a violation of a victim’s rights in another judicial district, the committee shall forward the complaint to the judicial district where the violation allegedly occurred.(2)(2)(a) If the committee receives a complaint that does not allege a violation of a victim’s rights, the committee shall send a letter to the victim, or the representative of a victim:(2)(a)(i) explaining that the committee may only address a violation of the victim’s rights; and(2)(a)(ii) describing any other resources that may be available to the victim or the representative of the victim.(2)(b) The committee shall send the letter described in Subsection (2)(a) within 30 days after the day on which the committee receives the complaint.(3) If the complaint does allege a violation of a victim’s rights, the committee shall forward a copy of the complaint to the person that is the subject of the complaint.(4) The committee shall schedule a meeting for the committee to review the complaint as soon as practicable.(5) If a criminal justice agency investigates a complaint regarding a violation of a victim’s rights and the committee receives a complaint about the same violation, the criminal justice agency shall provide the criminal justice agency’s investigative findings related to the complaint to the committee.(6) After reviewing the complaint and any findings submitted by a criminal justice agency under Subsection (5), the committee may:(6)(a) inform the person of a victim’s rights and the obligations required by law;(6)(b) refer the victim, or the representative of a victim, to other resources in the community; or(6)(c) inform the victim, or the representative of a victim, of the victim’s rights and remedies described in Title 77, Chapter 37, Victims’ Rights, Title 77, Chapter 38, Crime Victims, and Utah Constitution, Article I, Section 28.(7) Within 30 days after the day on which the committee meeting is held, the chair of the committee shall send a letter to the victim, or the representative of a victim, describing any action taken by the committee.(8) A criminal justice agency shall establish a policy for addressing a complaint alleging a violation of a victim’s rights. - Person: means :