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Victim Notification on Release - Draft

1. AUTHORITY
   17-A M.R.S.A. Section 1175
2. APPLICABILITY
   All County Correctional Facilities.
3. POLICY

   To help ensure the safety of persons who are victims of certain crimes, Maine’s victims’ rights law requires that the county jails notify certain crime victims when the inmate receives an unconditional release and discharge from institutional confinement upon the expiration of the sentence or disposition or receives a conditional release from institutional confinement, including probation, parole, furlough leave or furlough pass, work release, intensive supervision, supervised community confinement, community reintergration, or similar program.

   In addition, the jail will provide notification of a inmate’s release and discharge from home confinement, either upon the expiration of the sentence or disposition or to probation.

   Finally, notification will be made if the inmate escapes.

   1. A victim is:
      1. A person who is the victim of a crime; and
      2. The immediate family of a victim of a crime if:
         1. The underlying crime is one of domestic violence or sexual assault or one in which the family suffered serious physical trauma or serious financial loss; or
         2. Due to death, age, physical or mental disease, disorder or defect, the victim is unable to participate in the victim notification process.
   2. Such notification is required to be made when all of the following statutory conditions are met:
      1. The person is the victim of a murder or stalking or a Class A, B, or C crime or a Class D crime in Chapters 9, 11 or 13 for which the inmate has been sentenced to or given a disposition of institutional confinement with the county jails;
      2. The victim has filed a request for notification of the inmate's release with the office of the prosecutor handling the case; and
      3. The prosecutor has forwarded the victim's request form to the Jail Administrator or his designee
4. CONTENTS
   Procedure A. Victim Request For Notification of Inmate Release
5. ATTACHMENTS
   Attachment A. Victim Notification Request Form
6. PROCEDURES
   1. Procedure A: Victim Request For Notification of Inmate's Release
      1. Upon receiving a victim's request for notification of release from a prosecutor's office, Jail Administrator or designee shall:
         1. Determine the location of the inmate;
         2. Upon verification, enter the requirement for victim notification in the field provided in the inmate's individual c record and file the original request form in a confidential section of the inmates file.
      2. The Jail Administrator of each facility shall designate a staff person to be responsible to provide notification services
         1. Notification shall be as follows: ++ Prior to the ++ release of an inmate, the designated staff will make reasonable attempts to make notification of victim(s) requesting to be notified.
            
            For the purpose of this policy the following will constitute an immediate victim notification:
            1. Personal contact with victim, or;
            2. Phone contact with the victim at the number provided, or;
            3. Message given to another person at number provided, or;
            4. Message left on electronic answering machine at number provided.
            5. If unable to make notification, the Victim's Advocate at the office of the District Attorney will be advised of the non-notification.
         2. In addition, written notification will be mailed by the Jail Administrator or designee to the address provided by the victim, as soon as the release date is set for:unconditional release and discharge from institutional confinement or from intensive supervision, supervised community confinement, or community reintegration upon the expiration of the sentence or disposition, or conditional release to probation, parole, intensive supervision, or community reintegration, or as soon thereafter as the release date is set. See Attachment A, Victim Notification of Inmate Release.
         3. In the case of a inmate who is on work or education release, the staff person who is responsible to notify victims will contact the victim by phone or mail as soon as possible after employment is obtained or education is arranged. The information must include the name of the inmate, the address of the employer, and the days and times of work or education release.
         4. By phone and mail prior to the inmate's participation in a first furlough or leave, prior to participation in any subsequent furlough or leave, or prior to conditional release to home monitoring, or other conditional release program not specified in a. above.
         5. In the case of a inmate who has applied for the Home Confinement program, the jail administrator or designee will send a letter informing the victim of the application. The Victim Notification of Inmate Release Form (Appendix A) will be sent to the victim as soon as possible after the inmate is accepted into the program.
         6. By telephone, when the inmate has escaped or there is otherwise a need to notify the victim immediately.
      3. The completed victim notification form must contain:
         1. The name of the inmate;
         2. The nature of the release authorized, whether it is a conditional release, including probation, parole, furlough, work release, intensive supervision, supervised community confinement, community reintegration, overnight leave, or a similar program, or an unconditional release and discharge upon the expiration of a sentence or disposition;
         3. The anticipated date of the release and any date on which the inmate or must return to institutional confinement, if applicable;
         4. The geographic area to which the inmate's release is limited, if any;
         5. The address at which the inmate will reside, if known; and
         6. The address at which the inmate will work, if applicable.
      4. A copy of the victim notification form mailed to the victim, shall be placed in a confidential section of the inmate's file
         1. ++ The victim notification request form must be a part of the transfer packet when the inmate is transferred from one facility to another. ++
      5. The notification requirement ends when:
         1. The sentence or disposition on which the notice is filed has expired;
         2. The victim has filed a written request with county jail asking that no further notification be given; or
         3. the notice is returned as undeliverable because the person is no longer at the listed address and a new address has not been provided by the victim or prosecutor.
      6. In any case in which notification cannot be accomplished, the Victim Advocate at the prosecutor's office shall be notified.
      7. The notation in the individual record, the request for victim notification, the victim notification form, and all other records indicating the existence of a victim notification request shall be handled as confidential information in accordance with Departmental Policy.

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