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An Overview of the North Carolina Department of Correction & Services to Victims of Crime

May 1, 2007 Sandy Dixon Director, NCDOC Office of Victim Services

Agenda        Overview of Victim Services in DOC including the Post Release Supervision and Parole Commission The Crime Victim’s Rights Act Differences between parole and post release supervision Importance of Understanding Victimization Victim Concerns in the post-sentencing process Involving the victim services community in re-entry Resources when working with a victim/survivor

Organization of Victim Services

Secretary Post Release Supervision & Parole Commission Chief Deputy Secretary Division of Prisons Facilities Victim Information Coordinators Office of Victim Services Division of Community Corrections Divisions Victim Advocates Victim Notification Program

Why Victim Services in the Department of Correction?

        growing awareness of victims’ needs and concerns meet obligations under law reduce liability reduce security risk greater control over processes additional information about the offender better constituent/community relations makes our jobs easier

Victim Services in the Department of Correction

Mission Statement

The Department of Correction’s Office of Victim Services is dedicated to advancing the rights of victims through education, information and resources with a commitment to providing assistance that exemplifies the respect and dignity victims deserve.

Victim Services in the Department of Correction

       Central Point of Contact for victims Develop policy, programs and procedures Referrals and information Liaison between victims and the Divisions/Parole Commission Assistance and oversight for victim notification Training & Educational materials to DOC personnel, the public, criminal justice professionals, and community victim services agencies Point of contact for SAVAN (telephonic notification)

Crime Victims’ Rights in NC

 Established basic rights for crime victims  Enacted July 1, 1999  Purpose: to provide victims/survivors with:  information  participation  opportunity to be heard  Requires registration of the victim with DOC

CVRA Applicable Agencies

       Law enforcement DA’s Offices Conference of DA’s Clerks of Court Attorney General’s Office Department of Correction Governor’s Clemency Office

Victim Services NC Division of Prisons

Notifications (Gen. Stat. 15A-836)  projected release date  assignment to minimum custody  escape  capture  death  release, 60 days prior

Victim Services NC Division of Prisons

Victim Concerns  Get to know the Victim Information Coordinator 

At least one Coordinator at each facility

Liaison between DOP, Offender, Office of Victim Services and the Victim

They assist with significant issues such as inmate location, community-based programs, unwanted contact and visitation.

Victim Services NC Division of Community Corrections Notifications (Gen. Stat. 15A-837)  conditions of probation  all hearing dates  all hearing dispositions  modification of total restitution amount  movement into/out of intermediate sanction  absconding  capture  death  termination/discharge of probation

Victim Services NC Division of Community Correction

Victim Concerns

Get to Know the Victim Advocate

 One Victim Advocate per Division  Liaison between DCC, Probation Officer, Office of Victim Services and the Victim  They work closely with victims of domestic violence, sexual assault and high profile cases 

Victim Notification Program

 Centralization and automation of victim notifications

Post-Release Supervision and Parole Commission

What is the Primary Role of the Post Release Supervision and Parole Commission?

 Determines Parole  Sets the Conditions of Parole  Places inmates on MAPP  Sets the Conditions of Post-Release Supervision

Post-Release Supervision and Parole Commission

How Does the Commission Determine Parole?

 Conduct review of inmate’s record  Make decision based on file information, victim’s/survivor’s views, offender family views, and Case Analyst’s recommendations  Governor cannot override decision  Do not meet as a group to vote  Do not meet with inmates during review process  Cases reviewed annually after parole eligibility date reached

Post-Release Supervision and Parole Commission

Can Victims Voice their Concern to the Parole Commission?

Parole Commission welcomes input from victims/survivors of crime:  Letters  Meetings in Raleigh

Post-Release Supervision and Parole Commission

Are Victims Provided Support?

 The NC Office of Victim Services assists victims in providing input to the Commission - Accompany victims to Parole Meeting and advise them of the process Encourage the victim to meet, write or call the Commission to get involved in the Parole process Safety, impact of the crime/loss, conditions of parole

Post-Release Supervision and Parole Commission

What is Structured Sentencing?

 NC Structured Sentencing Act of 1994  Offenders must serve at least 100% of minimum sentence and no more than the maximum sentence imposed  Post-Release Supervision - Not all offenders are released on post-release supervision (B1-E felonies)

Post-Release Supervision and Parole Commission

What is the role of the Commission as it relates to Structured Sentencing?

 Sets the conditions of Post-Release Supervision  Cannot determine the date of Post-Release Supervision

Post-Release Supervision and Parole Commission

 Felony B1 - E offenders are released on post-release supervision  6 months (for crimes committed

before

12/1/96)  9 months (for crimes committed

after

12/1/96)  5 years (sex offenders who committed their B1-E offense on or after 12/1/96 and were convicted of a registerable offense)***  Felony F - I offenders are released with no community supervision

Post-Release Supervision and Parole Commission

Registerable Offenses differ depending on the date of the offense 

most common misconceptions

1. Until last year - Statutory rape (N.C.G.S. 14-27.7A) was NOT a registerable offense and therefore did not require 5 years post-release supervision. Now 14-27.7A (a) is registerable but 14-27.7A (b) is not.

2. Indecent liberties with children (N.C.G.S. 14.202.1) is a registerable offense, but is not a B1-E felony and therefore does not require 5 years of post-release supervision

Importance of Understanding Victimization Group Activity

Who would a victim have to tell?

            Friend/family 911 dispatcher responding officer EMS personnel triage nurse SANE nurse physician rape crisis advocate investigating officer victim/witness asst (LEA) victim/witness asst (DA) boss               prosecutor grand jury judge trial jury defense attorney defendant court officers court reporter people in the courtroom media OVS prison staff parole commission probation officer/victim advocate

Areas of Particular Concern while Offender is Incarcerated  County Blocks  Emergency Leaves  Escapes  Visitation  Threats by inmate  Community-based Programs

Areas of Concern when Offender is Released Understand the key role of victim advocates System Based versus Community Based

System Based Victim Advocates  Work inside the CJS  Work with all victims covered by CVRA  Keep victims informed of case status  Make appropriate referrals

Community Based Victim Advocates  Generally private non-profits  Crisis counseling  Support groups  Referrals and assistance w/ community resources  Assistance with all aspects of CJS  Confidentiality  Specialized interests, training and experience  After hours services

Reaching Out to the Advocacy Community  Contact local rape crisis centers/child advocacy centers/domestic violence shelters  Contact your LEA and DA’s office  Meet with each, understand roles, partner appropriately  Invite advocates to join your meetings and assist with policy development

Reaching Out to the Advocacy Community  Supervision  communicate victim input  no contact conditions  safety planning  input re: special conditions  liaison w/ victim  input into case management activities  restitution

Reaching Out to the Advocacy Community  Treatment  victim account of the crime  recommendations re: access to victims  victim empathy education/awareness  offender family education  safety planning  information liaison  support and referral

Reaching Out to the Advocacy Community  Public Education  assist w/ curricula development  assist w/ presentations  provide prevention focus  enlist support of the community  identify and referral for new victims

Reaching Out to the Advocacy Community  Policy Development  ensure policies and procedures are victim focused

What does the future hold?

 Victim Impact Panels  Offender Apology Letters  Victim Offender Dialogues

Resources when working with victims/survivors Handout

Office of Victim Services “A Caring Link to Corrections”

 By phone:  Toll free:  By fax:  By mail:  By email:  Web: (919) 716-3681 1-866-719-0108 (919) 716-3966 NC Dept of Correction Office of Victim Services 2020 Yonkers Road, 4223 MSC Raleigh, NC 27613-4223 [email protected]

http://www.doc.state.nc.us/victimservices