Right of victim to be present at proceedings
- • advice of rights
- • notice
- • effect on validity of proceedings
(1)(a) The victim of any act alleged in a petition filed under this chapter may be present at and, upon request, must be informed in advance of critical stages of the proceedings held in open court when the youth or youth offender will be present.
(b) The victim must be informed of any constitutional rights of the victim. Except as provided in ORS 147.417 (Victim to be notified of constitutional rights), the district attorney or juvenile department must ensure that victims are informed of their constitutional rights. If a victim requests, the district attorney or juvenile department must support the victim in exercising the victim’s constitutional rights.
(2)(a) The victim has the right, upon request, to be notified in advance of or to be heard at:
(A) A detention or shelter hearing;
(B) A hearing to review the placement of the youth or youth offender; or
(C) A dispositional hearing.
(b) For a release hearing, the victim has the right:
(A) Upon request, to be notified in advance of the hearing;
(B) To appear personally at the hearing; and
(C) If present, to reasonably express any views relevant to the issues before the court.
(c) Failure to notify the victim of a hearing under this subsection or failure of the victim to appear at the hearing does not affect the validity of the proceeding.
(3) If the victim is not present at a critical stage of the proceeding, the court shall ask the district attorney or juvenile department whether the victim requested to be notified of critical stages of the proceedings. If the victim requested to be notified, the court shall ask the district attorney or juvenile department whether the victim was notified of the date, time and place of the hearing. The validity of the proceeding is not affected by the failure to notify the victim of a hearing or failure of the victim to appear at a hearing that is a critical stage of the proceeding, including but not limited to hearings under ORS 135.953 (How mediation may be used), 181.823 (Relief from reporting requirement), 419A.262 (Expunction proceeding), 419C.097 (Notice to parents, victim), 419C.142 (Notice of detention hearing), 419C.173 (Evidentiary hearing), 419C.261 (Amendment and dismissal of petition), 419C.450 (Restitution) or 419C.653 (Notice).
(4) As used in this section:
(a) "Critical stage of the proceeding" means a hearing that:
(A) Affects the legal interests of the youth or youth offender;
(B) Is held in open court; and
(C) Is conducted in the presence of the youth or youth offender.
(b) "Critical stage of the proceeding" includes, but is not limited to:
(A) Detention and shelter hearings;
(B) Hearings to review placements;
(C) Hearings to set or change conditions of release;
(D) Hearings to transfer proceedings or to transfer parts of proceedings;
(E) Waiver hearings;
(F) Adjudication and plea hearings;
(G) Dispositional hearings, including but not limited to restitution hearings;
(H) Review or dispositional review hearings;
(I) Hearings on motions to amend, dismiss or set aside petitions, orders or judgments;
(J) Probation violation hearings, including probation revocation hearings, when the basis for the alleged violation directly implicates a victim’s rights or well-being;
(K) Hearings for relief from the duty to report under ORS 181.823 (Relief from reporting requirement); and
(L) Expunction hearings.
(5) Nothing in this section creates a cause of action for compensation or damages. This section may not be used to invalidate an accusatory instrument, ruling of the court or otherwise suspend or terminate any proceeding at any point after the case is commenced or on appeal. [2007 c.609 §2]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information