The Victims’ Bill of Rights (VBR) Committee approves their final report, recommending several modifications to the current list of victims’ rights.
The Victim’s Bill of Rights has not received a comprehensive review since it was enacted in 1992, and the taskforce has worked since August on official recommendations to update it.
VBR Committee Chair State Sen. Bryan Townsend (D-Newark) says multiple pieces of legislation are in the works that would focus largely on technical corrections and reorganization to create a more cohesive Victims’ Bill of Rights.
“Making sure definitions line up, making sure it’s very clear what rights victims have and who’s included in that, partly based on what crimes are involved. Making clear what rights witnesses have, or family members, is a key part of this initial push," he says
Townsend says the committee is also recommending clarifying the obligations certain state agencies have to inform people of their rights and require law-enforcement to compile an annual report outlining their compliance with the Victim’s Bill of Rights.
One recommendation he noted was the creation of a Victims’ Bill of Rights Ombudsperson to ensure this type of compliance.
"I think if you haven't been a victim to a crime, it might not be clear to you how relevant this is every single day to some people... if you haven't gone through that process it may sound kind of technical or clinical, but the reality is, is that to have an Ombudsperson to make sure that victims' rights are followed and honored — it's going to be very important to people's lived experiences," he says.
He is also passionate about recommendations to bolster the current notification system for victims on the status of criminal proceedings.
“Whether it’s the recommendations regarding certain enhanced rights for victims as prosecutorial decisions are being made, including plea agreements, or just making it clear to people they are to be notified when an offender works their way through the system – I know how big a difference it can make for them.”
The committee is recommending victims have the right to be told whether the Department of Justice has decided to move forward with prosecuting a case, including the legal basis for the decision.
They are also recommending victims have the right to be notified when a court date is rescheduled or canceled, any changes in the defendant’s custody or sentence status (release, parole or pardon) and the terms of any plea or resolution in felony cases before the plea is offered.
The recommendations also include notifications in regards to the status of DNA/biological evidence and and defining who may be a designated representative that can receive notifications on the behalf on minors.
The committee is also recommending the General Assembly take a closer look at the Victims' Compensation Assistance Program (VCAP) to ensure its long-term solvency.
VCAP aims to alleviate some of the financial burdens faced by victims, those that are directly related to the specific offense, by providing compensation for certain losses. This could include things like medical expenses, wage or income loss or moving/relocation expenses.
The report asks decision-makers in the state to consider the potential impact that reforms to Delaware's fines and fees may have on the viability of VCAP.
The program is currently funded by an 18% surcharge that is levied on all criminal offenses, including motor vehicle offenses and through restitution paid by offenders.
The Victims’ Compensation and Administrative Subgroup Chair State Sen. Brian Pettyjohn (R-Georgetown) noted at the committee's last meeting that changes to these fines could impact VCAP's ability to help victims.
"When you have a speeding ticket, when you have a red light camera violation, when you go through the toll and don't pay your toll — some of those things that are added on to those citations go to fund the Victims' Compensation Fund, and with a lot of discussion going on right now as to reducing some of those fees, it's important to realize the long-term impacts of some of those discussions on things like VCAP," he said.
Townsend hopes to introduce the legislation to codify these recommendations by the end of March.
