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Rule 3.108-1 - Victims’ right to be heard and comment
(a) When an offender submits a request to transfer to a receiving state or a subsequent receiving state, or to return to a sending state, the victim notification authority in the sending state shall, at the time of notification to the victim as required in Rule 3.108 (a), inform victims of the offender of their right to be heard and comment. Victims of the offender have the right to be heard regarding their concerns relating to the transfer request for their safety and family members’ safety. Victims have the right to contact the sending state’s interstate compact office at any time by telephone, telefax, or conventional or electronic mail regarding their concerns relating to the transfer request for their safety and family members’ safety. The victim notification authority in the sending state shall provide victims of the offender with information regarding how to respond and be heard if the victim chooses.

(b)
    (1) Victims shall have 10 business days from receipt of notice required in Rule 3.108-1 (a) to respond to the sending state. Receipt of notice shall be presumed to have occurred by the 5th business day following its sending.
    (2) The receiving state shall continue to investigate the transfer request while awaiting response from the victim.
(c) Upon receipt of the comments from victims of the offender, the sending state shall consider comments regarding their concerns relating to the transfer request for their safety and family members’ safety. Victims’ comments shall be confidential and shall not be disclosed to the public. The sending state or receiving state may impose special conditions of supervision on the offender, if the safety of the offender’s victims or family members of victims is deemed to be at risk by the approval of the offender’s request for transfer.

(d) The sending state shall respond to the victim no later than 5 business days following receipt of victims’ comments, indicating how victims’ concerns will be addressed when transferring supervision of the offender.


History: Adopted November 4, 2003, effective August 1, 2004.
    

“Transferring Supervision to the Receiving State” Training Resources



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