CHAPTER 950
RIGHTS OF VICTIMS AND WITNESSES OF CRIME
950.01 Legislative intent.
950.03 Eligibility of victims.
950.04 Basic bill of rights for victims and witnesses.
950.045 Victims; application for parole or pardon; releases; escapes; corrections programs.
950.05 Services for victims and witnesses.
950.055 Child victims and witnesses; rights and services.
950.06 Responsibility for rights and services.
950.07 Intergovernmental cooperation.
950.08 Hotline, information and mediation services.
950.01
950.01
Legislative intent. In recognition of the civic and moral duty of victims and witnesses of crime to fully and voluntarily cooperate with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of such citizen cooperation to state and local law enforcement efforts and the general effectiveness and well-being of the criminal justice system of this state, the legislature declares its intent, in this chapter, to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy and sensitivity; and that the rights extended in this chapter to victims and witnesses of crime are honored and protected by law enforcement agencies, prosecutors and judges in a manner no less vigorous than the protections afforded criminal defendants.
950.01 History
History: 1979 c. 219.
950.02
950.02
Definitions. In this chapter:
950.02(1)
(1) "Child" means a person who is less than 18 years of age.
950.02(1m)
(1m) "Crime" means an act committed in this state which, if committed by a competent adult, would constitute a crime, as defined in
s. 939.12, or which, if committed by a responsible child, would constitute a delinquent act under
ch. 938.
950.02(2)
(2) "Department" means the department of justice.
950.02(3)
(3) "Family member" means spouse, child, sibling, parent or legal guardian.
950.02(4)
(4) "Victim" means a person against whom a crime has been committed.
950.02(4m)
(4m) "Victim and witness office" means an organization or program that provides services for which the county receives reimbursement under this chapter.
950.02(5)
(5) "Witness" means any person who has been or is expected to be summoned to testify for the prosecution, or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether or not any action or proceeding has yet been commenced.
950.03
950.03
Eligibility of victims. A victim has the rights and is eligible for the services under this chapter only if the crime has been reported to law enforcement authorities.
950.03 History
History: 1979 c. 219;
1991 a. 159.
950.04
950.04
Basic bill of rights for victims and witnesses. Victims and witnesses of crimes have the following rights:
950.04(1)
(1) To be informed by local law enforcement agencies and the district attorney of the final disposition of the case. If the crime charged is a felony or is specified in
ch. 940, the victim shall be notified whenever the defendant or perpetrator is released from custody. The victim shall be notified of a pardon application by the governor under
s. 304.09 (3).
950.04(2)
(2) To be notified that a court proceeding to which they have been subpoenaed will not go on as scheduled, in order to save the person an unnecessary trip to court.
950.04(2m)
(2m) To have the court provided with information pertaining to the economic, physical and psychological effect of the crime upon the victim of a felony and have the information considered by the court.
950.04(3)
(3) To receive protection from harm and threats of harm arising out of their cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available.
950.04(4)
(4) To be informed of financial assistance and other social services available as a result of being a witness or a victim of a crime, including information on how to apply for the assistance and services.
950.04(5)
(5) To be informed of the procedure to be followed in order to apply for and receive any witness fee to which they are entitled.
950.04(6)
(6) To be provided, whenever possible, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families and friends of defendants.
950.04(7)
(7) To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken.
950.04(8)
(8) To be provided with appropriate employer intercession services to ensure that employers of victims and witnesses will cooperate with the criminal justice process and the juvenile justice process in order to minimize an employe's loss of pay and other benefits resulting from court appearances.
950.04(9)
(9) To be entitled to a speedy disposition of the case in which they are involved as a victim or witness in order to minimize the length of time they must endure the stress of their responsibilities in connection with the matter.
950.04(10)
(10) To have the family members of all homicide victims afforded all of the rights under
subs. (1) to
(4) and
(6) to
(9) and analogous services under
s. 950.05, whether or not they are witnesses in any criminal proceedings.
950.04 Annotation
See note to 973.013, citing State v. Johnson, 158 W (2d) 458, 463 NW (2d) 352 (Ct. App. 1990).
950.04 Annotation
Requirement in (1) of notice to victim of defendant's release from custody applies to all felonies charged under ch. 948. Notice is to be given to victims of all crimes charged under ch. 940, whether misdemeanors or felonies. Notice requirements of statute apply to individual persons, not business enterprises or corporations.
79 Atty. Gen. 1.
950.045
950.045
Victims; application for parole or pardon; releases; escapes; corrections programs. Victims of crimes have the right to provide written statements concerning parole applications under
s. 304.06 (1) (e), to have direct input in the parole decision-making process under
s. 304.06 (1) (em) and to provide written statements concerning pardon applications under
s. 304.10 (2). Victims of crimes have the right to be notified by district attorneys under
s. 971.17 (4m) regarding conditional releases under
s. 971.17. Victims of crimes have the right to be notified by the department of health and family services under
s. 971.17 (6m) regarding terminations or discharges under
s. 971.17. Victims of crimes have the right to be notified by the department of corrections under
s. 301.046 (4) regarding community residential confinements, under
s. 301.048 (4m) regarding participation in the intensive sanctions program, under
s. 301.38 regarding escapes from a Type 1 prison, under
s. 302.115 regarding the expiration of sentences and under
s. 304.063 regarding parole releases. Victims of acts of sexual violence have the right to be notified by the department of health and family services under
s. 980.11 regarding supervised releases under
s. 980.06 and discharges under
s. 980.09 or
980.10. Victims have the right to be notified of the registration of a person and the update of information regarding that person under
s. 301.46.
Effective date note
NOTE: This section is shown as repealed and recreated eff. 6-1-97 by
1995 Wis. Act 440. Prior to 6-1-97 it reads:
Effective date text
950.045 Victims; application for parole or pardon; releases; escapes; corrections programs. Victims of crimes have the right to provide written statements concerning parole applications under s. 304.06 (1) (e), to have direct input in the parole decision-making process under s. 304.06 (1) (em) and to provide written statements concerning pardon applications under s. 304.10 (2). Victims of crimes have the right to be notified by district attorneys under s. 971.17 (4m) regarding conditional releases under s. 971.17. Victims of crimes have the right to be notified by the department of health and family services under s. 971.17 (6m) regarding terminations or discharges under s. 971.17. Victims of crimes have the right to be notified by the department of corrections under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 302.115 regarding the expiration of sentences and under s. 304.063 regarding parole releases. Victims of acts of sexual violence have the right to be notified by district attorneys or the department of justice under s. 980.11 regarding supervised releases under s. 980.06 and discharges under s. 980.09 or 980.10.
950.05
950.05
Services for victims and witnesses. 950.05(1)
(1) Counties are encouraged to provide victims and witnesses the following services:
950.05(1)(a)
(a) Court appearance notification services, including cancellation of appearances.
950.05(1)(b)
(b) Victim compensation and social services referrals, including witness fee collection, case-by-case referrals and public information.
950.05(1)(c)
(c) Escort and other transportation services related to the investigation or prosecution of the case, if necessary or advisable.
950.05(1)(d)
(d) Case progress notification services which may be combined with services under
par. (a).
950.05(1)(dm)
(dm) Assistance in providing the court with information pertaining to the economic, physical and psychological effect of the crime upon the victim of a felony.
950.05(1)(h)
(h) Family support services, including child and other dependent care services.
950.05(2)
(2) Counties are encouraged to assist victims in enforcing their rights under
s. 950.045.
