Bill Requiring Victims Get Notification When an Offender is Released From Custody Moves Forward

Members of the Senate Committee on Homeland Security, Justice, and Public Safety on Friday approved legislation that would make it mandatory for victims of various types of bodily harm criminal offenses to be notified whenever the perpetrator is released on bail or after serving a custodial sentence.

“This legislation seeks to expand the notification given to victims, and it requires victims to be notified when the perpetrators or alleged perpetrators are released back into the community,” said Senate President Donna Frett-Gregory, who sponsored the measure and presented it to members of the committee.

Bill No. 34-0141 seeks to protect victims, and it defines crimes against the person as criminal offenses which involve bodily harm such as assault, battery, kidnapping, and rape.

“This definition,” Ms. Frett-Gregory explained, “expands the notification beyond domestic violence as currently in the law. One could argue why are we having this discussion when there is already a notification component in the law,” she said while pointing out the current weakness or loophole of the law.

Elaborating on the current law's weakness, she said, “While we have a victim and witness Bill of Rights under Title 34 chapter 8, that Bill of Right does not delineate the process of notification. It does not ensure accountability to victims when a person who has violated them is released back into the community."

Explaining further, she stated, “A victim or prosecution witness has a right to be informed when the convicted offender receives a temporary provisional or final release from custody or if the offender escapes custody." To that end, Ms. Frett-Gregory said the current law "speaks to rights but it doesn’t speak to action or the requirements of the governmental entity to ensure that action is in fact taking place."

The legislation proposes that victims shall be notified by phone, email, or by a person duly authorized to deliver a summons when the perpetrator is being released from jail, mental institution, or escapes from custody.

She said enactment of this legislation requires collaboration between the Department of Justice and the Bureau of Corrections. “This proposed legislation will be extremely impactful. We can all see what is happening in our community... and there is no doubt that we have challenges,” she said.