RSA 21-M:8-b · Office of Victim/Witness Assistance

21-M:8-b Office of Victim/Witness Assistance. –

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I.

In this section:

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(a)

"Victim" means a person who suffers direct or threatened physical, emotional or psychological harm as the result of the commission or the attempted commission of a crime. "Victim" also includes the immediate family of any victim who is a minor or who is incompetent, or the immediate family of a homicide victim, or the surviving partner in a civil union.

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(b)

"Witness" means any person who has been or is expected to be summoned to testify for the state in a criminal case or who by reason of having relevant information is subject to call or likely to be called as a witness for the state, whether or not any action or proceeding has yet been commenced.

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II.

There is hereby established within the criminal justice bureau of the department of justice, the office of victim/witness assistance. The office shall be supervised by the director of victim/witness assistance who shall be appointed by the attorney general in accordance with the provisions of RSA 21-M:3, XI and who shall carry out the duties imposed by this section under the supervision of the attorney general and perform such other work as the attorney general may assign. The office shall provide information and services to victims and witnesses in criminal cases prosecuted by the attorney general and shall develop and coordinate a statewide victim/witness rights information program. The victim/witness rights information program shall:

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(a)

Provide victims or their representatives with information about the availability of social and medical services, especially emergency and social services available in the victim's immediate geographical area.

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(b)

Provide victims or their representatives with information about how to contact the appropriate county office of victim/witness assistance and the appropriate state or county prosecutor's office.

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(c)

Gather information from victim/witness assistance programs throughout the country and make that information available to county offices of victim/witness assistance, police departments, hospitals, prosecutor's offices, the courts, and other agencies that provide assistance to victims of crime.

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(d)

Sponsor conferences to bring together personnel working in the field of victim/witness assistance to exchange methods and procedures for improving and expanding services to victims.

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(e)

Provide victims or their representatives with information about the availability of and access to restorative justice programs including victim-initiated victim-offender dialogue programs offered through the department of corrections.

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III.

The office of victim/witness assistance shall seek to coordinate efforts with the county attorneys and the various law enforcement agencies in the provision of information and services to victims and witnesses.

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IV.

Notwithstanding RSA 9:17-c, salary and benefits moneys from any existing vacancy in the department of justice may be used to fund the positions in the office of victim/witness assistance.

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V.

The attorney general, subject to the approval of the governor and council, may appoint permanent victim/witness specialists within the limits of the appropriation made for the appointments, who shall hold office for a term of 5 years. Any vacancy in such position may be filled for the unexpired term. The victim/witness specialists may be removed only as provided by RSA 4:1.

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VI.

The attorney general, subject to the approval of the governor and council, may appoint unclassified, full-time temporary victim/witness specialists within the federal appropriations made for the appointment, who shall hold office subject to continuation of the federal grant funds supporting the victims/witness program. Any vacancy shall be filled in the same manner as the original appointment. The victim/witness specialists may be removed only as provided by RSA 4:1, or if the federal appropriation no longer supports the positions.

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VII.

There is established within the department of justice an unclassified full-time elections attorney. The salary of the elections attorney is established in RSA 94:1-a, I(c).

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VIII.

The office of victim/witness assistance shall develop a crime victims' rights card that describes in clear fashion a summary of the rights of crime victims under New Hampshire victims' rights laws and other information helpful to victims of crime. The office shall oversee the printing and the distribution of the card to first responders to provide to victims as soon as practicable.

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IX.

The office of victim/witness assistance shall develop and publish a set of professional guidelines for victims' assistance providers in the state of New Hampshire. Source. 1987, 310:1. 2003, 319:37. 2009, 283:3, 5, eff. Sept. 27, 2009. 2019, 346:167, 178, eff. July 1, 2019. 2020, 24:2, eff. Sept. 18, 2020.

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