Current through September 24, 2024
1.
Adult Correctional
Institutions:
Written policy, procedure, and practice provide
that designated staff are responsible for coordination of victims programs and
that curriculum is established for providing training to staff involved with
victims issues. This curriculum includes the following topics:
A.
specific services available to crime
victims
B.
changes in
laws impacting victims
C.
way(s) of gaining access to the services
D.
confidentiality of victim
information
E.
ways
for victims to communicate complaints and other concerns
F.
program evaluation measures, which
include victim input regarding the effectiveness of services and ways for them
to make suggestions regarding agency policies and practices intended to assist
crime victims [4-4447-1, Added 2008 Supplement].
2.
Adult Correctional
Institutions:
Written policy, procedure, and practice provide
that, consistent with the laws and legal practices within the jurisdiction,
restitution is collected and ultimately made available to the victims of crime
and/or their survivors. Where supported by statute, and feasible, victim
awareness classes are offered to help offenders understand the impact of their
crimes on the victims, their communities, and their own families [4-4461-1,
Added 2008 Supplement].
3.
Adult Community Residential Services: The facility
provides services and opportunities that encourage offenders to take
responsibility for their actions. Opportunities are based on victim and
community input and are fashioned in a way that seeks to ameliorate the harm
done [4-ACRS-6D-01].
4.
Adult Community Residential
Services: The facility provides services and opportunities that
encourage offenders to make restitution to the victims of their crimes(s)
and/or to the community [4-ACRS-6D-02].
5. The MDOC Division of Victim Services was
established to serve crime victims.
A. In
compliance with Mississippi Code §
99-43-1, et. seq., the Division of
Victim Services will offer a wide range of services to crime victims
when the offender is in the custody or under the supervision of
MDOC.
B. The Agency
will provide information to the above referenced individuals while maintaining
offenders rights to privacy, order and security needs.
C. The MDOC Division of Victim Services
Director or designee will be the direct contact between victims and/or their
representatives with MDOC, Parole Board and Service Providers.
6. CONFIDENTIALITY:
Both the information contained in a victim notice and
registration form and the fact that a notification request has been made are
confidential. Pursuant to provisions of MCA § 45-29-03, staff may answer
inquiries from judicial and law enforcement agencies. Any other inquiries from
outside the Agency about who is registered or whether a particular inmate has a
registered victim should be referred to the Division of Victim Services
(DVS).
7. NOTIFICATIONS:
A.
Victim Notice and Registration
Form A form promulgated by the Mississippi Department of
Corrections and provided by a judicial or law enforcement agency, or a form
available from the Agency, on which a person may indicate a request to be
afforded the rights prescribed in law and/or policy for victims, witnesses, and
other designated persons. In the context of this regulation, the term also
includes letters requesting notification about an inmates movement through the
system and can include victim requests made by telephone or identified in
pre-sentence, pre-parole, or other investigative reports in the Agencys
possession.
B. When a victim notice
and registration form is received, it will become part of the inmates permanent
record. For an incarcerated inmate, the Victim Notification Request (NVR) on
OffenderTrak" will be used to denote if there is a victim registered against
the offender. Also, the request for registration form will be scanned and
loaded into the offenders record on Legato".
C. The DVS will acknowledge receipt of each
victim notice and registration form with a letter that includes the possible
release dates of the inmate named on the form.
D. Persons who have filed a victim notice and
registration form will be notified by mail and/or telephone of the following
events involving the inmate(s) they have registered for; escape, release or
death while incarcerated.
E. In the
event that an inmate named on a victim notice and registration form escapes
from institutional custody, registered persons will be notified immediately at
the most current address or phone number on file by the most reasonable and
expedient means possible. When the inmate is recaptured, notification will be
made as soon as possible via telephone.
F. If a mistaken calculation is discovered
after projected release dates have been sent to a victim, a letter providing
corrected release dates to all registered victims will be mailed and DVS will
contact the victims via telephone. This provision does not include changes to
an inmates diminution of sentence date resulting from earning or losing good
time credits. However, if educational good time is credited after letters have
been sent to inform registered victims of an inmates pending release, a second
letter should be sent or a telephone call made to inform victims of the new
release date. The second letter need not be certified.
G. In the event that an inmate is recommended
for a medical parole, house arrest or placement at the Governors Mansion, the
Director of Victim Services will determine whether there is a victim notice and
registration form on file and will note when submitting a recommendation to the
Commissioner. Victim information will be shared with others on a need to know
basis as determined by the Victim Services staff. All employees having access
to departmental files or records will treat victim information contained within
the file as confidential.
H. The
Agency will maintain a toll-free telephone line to the Division of Victim
Services (DVS). The DVS will help callers register for notification and find
answers to questions, and will refer callers to other victim service providers,
the Attorney Generals Office, the prosecuting district attorney, the
Mississippi Parole Board and/or other crime victim programs and
agencies.
I. When a victim notice
and registration form is received, DVS staff will respond timely and in a
manner consistent with the requirements of this and other department
regulations governing release of information and victims and witnesses rights.
However, the filing of a victim notice and registration form by an incarcerated
adult will not enable that individual to receive information about another
individual incarcerated under the Departments authority.
J. Persons receiving unsolicited
communications by telephone or mail from inmates in state custody may contact
the Division of Victim Services for assistance in having the contact stopped.
The DVS will work with the appropriate Warden to see that reasonable and
necessary steps are taken to address the situation. This may involve
disciplinary action, including loss of good time.
8. PAROLE BOARD HEARINGS AND RELATED MATTERS:
A. The Mississippi Parole Board will comply
with all laws regarding written notification prior to scheduled hearings,
including the requirement that notice be given to all persons who file a victim
notice and registration form and to the appropriate district attorney.
Notifications regarding pending hearings will be made through action of the
Parole Board and DVS as appropriate.
B. As provided in law, when a hearing is
scheduled by the board, the victim or victims family will be allowed to make
written and oral statements concerning the impact of the crime and to rebut
statements or evidence introduced by the inmate. The victim or victims family,
a representative of a victim advocacy group, and the district attorney or his
representative may appear before the board in person, via teleconference, or by
telephone from the district attorneys office.
9. RIGHTS OF VICTIMS FAMILY WHEN AN INMATES
SENTENCE IS DEATH:
A. As soon as the Victim
Services Director receives notification of a scheduled execution, he/she will
inform the victims/survivors of the time, date, and place of the execution. Two
representatives of the victims family will have the right to be present and
witness the execution. If the victims family witnesses desire the Victim
Services Director or their designee to be allowed to accompany the witnesses
into the witness room, a written request by the victims family has to be
submitted to the Commissioner.
B.
The Director of Victim Services will provide the Commissioner, when applicable,
with the following:
1. Background information
as it relates to matters pending before the Parole Board
2. Crime victim information when he is
considering a medical release of an inmate
3. Facts and reports regarding inmate cases
as they pertain to crime victim issues
C. The Director of Victim Services will
provide applicable staff with opportunities to be actively involved with victim
services coalitions while maintaining offenders rights to privacy, order and
security needs.
D. The Director of
Victim Services will provide applicable MDOC staff and offenders with victim
sensitivity training when available.
Miss. Code Ann.
§
99-43-1.
