Read this if you have a responsibility for victim notification.
Is your state complying with state and federal victim notification system statutes? How do you know if you are (or aren’t)? The federal government passed the Victims’ Rights and Restitution Act in 1990. This act requires all federal law enforcement officers and employees to make their best efforts to accord victims of crime with the right to be notified of offender status changes (i.e., movement from incarceration to the community). All states have similar statutes; many are more prescriptive and specific to each state.
You may be thinking “we have implemented a victim notification system, we’re all set.” To be sure, it’s best practice to ask yourself these questions:
- Does my state use multiple victim notification systems, possibly one for the Department of Corrections, and others in use for jails, courts, or by the prosecutor’s office?
- Do victims understand how to register and use the system(s)?
- If you have multiple systems in use across your state, do victims know they must register in each (assuming that the offender is nomadic)?
- Are the systems interfacing with the victim notification system to provide real-time updates regarding offender status changes and movements, or is the data reliant on human entry alone?
- Is there redundancy in your victim notification approach? Are you relying solely on the victim notification system for statutory compliance, or are there other measures in place?
- Have you defined the term “victim” in your state? How do you distinguish “known victims” from “interested parties”? Are these two groups treated equally in your victim notification systems and processes?
As we have explored these questions with various corrections clients, we’ve found that states address them in unique ways. In many cases, initial information regarding victims is captured on a pad of paper; in some, that information is never transposed into electronic form. Smaller, rural jails are more inclined to manually reach out to victims in their tight-knit communities, while jails in larger jurisdictions may not have the capacity to do so, and rely much more heavily on automation to comply with victim notification requirements.
Many states use multiple victim notification systems (jails may use one system, while prisons use another), without integrating them to share data about offender movements and victim registrations. This results in a gap of service to victims likely unaware of the ramifications of having multiple, disparate victim notification systems. Many mature victim notification systems have the ability to interface with systems such as offender management systems (typically managed by the state’s department of corrections), jail management systems (typically managed by each county sheriff’s office), prosecution systems, and others.
These system integrations are critical to reducing redundancy and increasing the timeliness with which both offender and victim data is entered into the victim notification system and used to trigger the notifications themselves.
So how can you assess your processes? The first step is to determine if your state has a problem with, or compliance gap between current practices and victim notification statutes. Here are some steps you can take to assess your situation:
- Review the victim notification statutes in your state
- Inventory the victim notification systems in use across your state, including any interfaces that may exist with the systems described earlier
- Talk to victim advocates to learn more about how they use the systems to augment their efforts
- Connect with representatives within your state department of corrections, sheriff’s offices, prosecutors, courts, probation, and other groups that may be providing some level of victim advocacy and learn more about their concerns
If this is all overwhelming, try and take it one step at a time. You can also engage a professional consulting firm that can help you organize and systematically assess the problem, then collaborate with you to develop a plan to close the gaps.
If you have questions about your specific situation, please contact our Justice & Public Safety team. We're here to help. To learn more about other choices in victim notification procedures and systems, stay tuned for our second article in this series, where we explore options for acquiring and implementing a statewide victim notification system.