If you are a victim or a witness to a crime, the Victim - Witness Assistance Program is designed to provide you with services while you are involved with the criminal justice system.

As a victim of crime, you may be experiencing feelings of confusion, frustration, fear, and anger. Our staff can help you deal with these feelings. We also will explain your rights as a victim or witness, and help you better understand how the criminal justice system works. One of the responsibilities of citizenship for those who have knowledge about the commission of a crime is to serve as witnesses at the criminal trial or one of the other hearings held in connection with the criminal prosecution. The federal criminal justice system cannot function without the participation of witnesses. The complete cooperation and truthful testimony of all witnesses are essential to the proper determination of guilt or innocence in a criminal case.Our office is concerned that victims and witnesses of crime are treated fairly throughout their contact with the criminal justice system.

The United States Department of Justice and the U.S. Attorney's Office have taken several steps to make the participation by victims of crime and witnesses more effective and meaningful. One of these steps is the preparation of this web section, which contains information related to Victim Witness. We hope that it will provide you the answers to many of your questions and will give you sufficient general information to understand your rights and responsibilities.

VICTIM WITNESS ASSISTANCEMission

The mission of the Victim Witness Program for the U.S. Attorney’s Office, District of Nevada, is to respond to the needs and uphold the rights of victims and witnesses, and to implement and carry out the requirements of federal law and Department of Justice regulations.

Services Provided by the Victim-Witness Assistance Unit

• Informs victims of services available, directing them to community resources and social services that can provide additional assistance.• Orients victims and witnesses to the criminal justice system, explaining the criminal justice process and court procedures.

• Notifies victims and witnesses of the status of cases, court appearances, and case dispositions.• Arranges accommodations and transportation services, when appropriate.• Provides victims with information about court-ordered restitution.• Informs victims and witnesses of the availability of witness fees and reimbursement of expenses.• Assists victims with prompt return of personal property held as evidence in a criminal case.• Escorts victims and witnesses from the reception area to the courtroom in which
they are to testify. The Victim-Witness Assistance Program provides many important services for crime victims, including crisis support, peer support, referral to counseling, advocacy within the justice system, and, in some cases, emergency shelter. However, we cannot make financial rewards, do not provide legal advice, and cannot pay for the replacement of stolen or damaged property.

Program History

In response to the 1981 President’s Task Force on Violent Crime, and the Victim and Witness Projecting Act (VWPA) of 1982, victim and witness assistance in the federal government was assigned to the U.S. Attorney’s Office. A Victim Witness Coordinator was appointed for each U.S. Attorney’s Office to ensure compliance with the VWPA. The Attorney General of the United States established guidelines pursuant to the VWPA of 1982, and subsequent statutes have been enacted to further enhance and ensure additional rights and protections to victims and witnesses.The VWPA was enacted “to enhance and protect the necessary role of crime victims and witnesses in the criminal justice process; to ensure that the Federal government does all that is possible within limits of available resources to assist victims and witnesses of crime without infringing on the constitutional rights of defendants; and to provide a model for legislation for state and local governments.”

WITNESS INFORMATION

Out-Of-State Witnesses: The Government will pay your travel expenses as follows:

Government regulations state that witnesses are to be reimbursed for the least expensive method of travel, and for meals and lodging only when required to remain away from home overnight. You are expected to exercise the same care that a prudent person would exercise if traveling on personal business and expending personal funds. Excess costs, circuitous routes, delays or luxury accommodations are not acceptable. You will be responsible for excess costs and additional expenses incurred for personal preference or convenience. If you purchase your own plane ticket and your testimony date changes, you will not be reimbursed for the ticket or any penalties for changing the ticket. Do not purchase a non-refundable ticket. After you have testified, you will need to fill out a voucher available from the Victim Witness Coordinator. Within 30 days of receiving your signed voucher, the U.S. Marshal’s office will mail you a check to cover your reimbursable costs and witness fees. If you have a medical or family condition that requires special consideration, please contact the Victim Witness Coordinator or Assistant U.S. Attorney who subpoenaed you immediately.Local Witnesses: You will be paid a $40.00 witness fee for each day you are required to come to court or our office for a pre-trial conference. Mileage is reimbursed at 40.5 cents a mile; parking will be reimbursed if you furnish a receipt. We do not pay parking tickets. You must sign a witness voucher, available from the Victim Witness Coordinator. You will receive your check within 30 days.DO NOT COME TO COURT BEFORE TALKING TO SOMEONE IN THIS OFFICE. The business day before you leave to travel to court, call ((702) 388-6336 or 1-800-539-8002 toll free) to make sure your appearance is still required. Office hours are 8:00 a.m. - 5:00 p.m., Pacific Time, Monday-Friday except Federal holidays.

TESTIFYING IN COURT

If you have any concerns or questions over testifying, the Victim Witness Coordinator can assist you or refer you to the appropriate person to answer your questions or concerns. We also have materials available upon request on simple do's and don'ts regarding testifying which cover a variety of topics including what to wear, what to do if you approached by the defense counsel and other simple questions. If you feel as though you are being harassed or intimidated because of your status as a witness or victim of a federal crime, please report this information to our office immediately. If you feel in immediate danger, always contact your local law enforcement agency and/or the federal law enforcement agency handling your matter first and then contact us once you are safe and secure.Brochures available for online viewing“Preparing to Testify” http://www.usdoj.gov/usao/ne/Victim_Witness/Vwbroch3.pdf


VICTIM NOTIFICATION SYSTEM

When a federal criminal case reaches the prosecution stage of the criminal justice process, notification of available service and case status are provided to victims who have been identified as having been involved in the criminal offense. In order to provide victims with information as their case moves through the criminal system, the Department of Justice has developed the Victim Notification System (VNS). This is a free, computer-based system which provides information on scheduled court events as well as important information about the outcome of those court events. It also provides information about the offenders custody status such as placement in community correction centers, furlough, release and death. The events that generate notification are as follows: The release or detention status of an offender, pending judicial proceedings or the offender's placement in a pretrial diversion program; The filing of charges against a suspected offender; The scheduling of court proceedings; The outcome of the proceedings; The imposed sentence including any restitution information; Notification continues by the Federal Bureau of Prisons after conviction. Victims can also call the VNS hotline number for automated status information at 1-866-365-4968 (1-866-DOJ-4YOU)or the VNS Internet Access at http://www.Notify.USDOJ.Gov. In order to protect victims' personal contact information, a Victim Identification Number and a Personal Identification number are required to access this information. For details on how to get those numbers or for other additional, please contact this office at any time. For address changes, please contact this office at 1-800-539-8002.

 CASE UPDATESFREQUENTLY ASKED QUESTIONS

Why am I a witness? I didn't see a crime occur. Witnesses are not limited to "eye witnesses." You may have seen or heard the crime happen, or you may know something about it. You may also know something about a piece of evidence, or know something that contradicts another witness' testimony. You may not think that what you know about the case is very significant. However, small pieces of information are often required to determine what really happened. If you wonder why you are testifying in a particular case, ask the Assistant United States Attorney handling the case.Will I have to bring anything with me? If you need to bring anything as evidence, you will be instructed to do so in the subpoena or by the Assistant U.S. Attorney prosecuting the case. What if the defendant's attorney or investigator ask to talk to me? You have the right to decide whether you want to discuss the case with any attorney or investigator for either the United States or the defense. Be sure you know who you are talking to when you discuss the case. Don't be afraid to ask for identification. If you decided to speak about the case, the most important thing to remember is to tell the truth. Will I be paid for my time spent as a witness? You will receive a $40 witness fee for each day your are required to be in court, or attend a pretrial interview, including travel days. You will not be reimbursed for lost wages. In addition, all legitimate travel expenses related to your testimony will be paid for or reimbursed by the government. You will be reimbursed for travel by the least expensive method available. If your testimony requires you to travel by plane or stay overnight, your travel will be arranged through the government travel agency and your airfare and lodging costs will be paid directly by the government. DO NOT MAKE ANY TRAVEL ARRANGEMENTS UNTIL YOU HAVE SPOKEN WITH THE U.S. ATTORNEY'S OFFICE. IF YOU MAKE YOUR OWN TRAVEL ARRANGEMENTS WITHOUT CONSULTING WITH THE USAO, WE MAY BE UNABLE TO REIMBURSE YOU IN FULL FOR YOUR COSTS. You will be reimbursed for mileage, taxi fare, tolls, and parking. If two or more witnesses travel in the same privately owned vehicle, only one reimbursement for mileage will be made. You will also receive a standard per diem to cover your food costs. IF YOU TRAVEL TO COURT AND RETURN HOME THE SAME DAY, YOU WILL NOT RECEIVE THE PER DIEM. You will be provided with a form when you testify which you will use to claim reimbursement for your expenses. You will receive payment by mail. Please contact the Victim-Witness Program staff to determine your specific entitlement under the law. RENTAL VEHICLES AND OTHER SPECIAL EXPENSES WILL NOT BE REIMBURSED WITHOUT JUSTIFICATION AND APPROVAL IN ADVANCE. What about my employer? Many witnesses question how to approach their employer about their absence from work during testimony. If requested, we will contact your employer and outline your responsibility as a subpoenaed federal witness. Employers may not retaliate against you because of your absence. What will happen if I fail to appear? If you fail to appear, you may be cited for contempt of court. An arrest warrant could be issued. If you have concerns about appearing, it is important that you contact the attorney on the case or the victim-witness unit as soon as possible. Do I have to testify in front of the defendant? If you are testifying before the grand jury, no defendant is present. If you are testifying at a criminal trial, the defendant must be present in court to hear what all the witnesses say about him or her. The representative for the defendant is called the defense attorney, and he or she will ask you questions after the Assistant United States Attorney is done questioning you. Who can be with me in court? You may bring friends or relatives with you to court, and they can probably sit in court while you testify, unless they are also witnesses. A Victim-Witness Program Advocate may also be present in court with you, if you request. What if I am threatened by the defendant or others? Threatening a witness is a separate federal crime, and a matter which we take very seriously. However, it actually happens very rarely. In emergency situations, call the police immediately. In other instances, contact the Assistant United States Attorney or case agent assigned to the case, or contact the Victim-Witness Unit.

OTHER ASSISTANCE AND SERVICES FOR VICTIMS AND WITNESSES

Our office may be able to provide other services and assistance if you are a victim of a federal crime. Those service includes the following:• Information and assistance concerning transportation, parking, lodging and any reimbursement and/or fees you may be entitled to. This would include directions to the location of the court house and assistance in making plane and hotel reservations.
• Information on and assistance with Nevada’s's crime victims' compensation program .
• Information and referral to medical and/or social service providers and programs that provide counseling, treatment and other services to crime victims.
• Assistance as needed during the court process including providing a liaison who will be with the victim during important hearings and at trial to explain to proceedings, answer questions and to provide support.
• Consultation on what the victim's rights are with regards to written and/or verbal impact statements used for purposes of sentencing.
• Communication on behalf of the victims and witnesses with various federal, state and local agencies involved in the case.

OTHER HELPFUL WEB SITES AND RESOURCESNational Contacts Victims and Families of Victims of Act of Terrorists

Victims of families of victims of terrorists can obtain assistance and information by calling the Department of Justice National, Office for Victims of Crime's (OVC) Victim Assistance Center toll-free line, call 1-800-331-0075 Please do not contact this number unless you are a family member or victim of the terrorists' attack. Callers may also provide identification and contact information individual victims for future notification about benefits, services and any criminal justice proceedings. Web Sites which might be beneficial are:

To go directly to New York's WEB page for victims go to http://www.cvb.state.ny.usNational Center for Victims of Crime (NCVC) has a section at http://www.ncvc.org/9-11/

Other National Sites

CRIME VICTIM INFORMATION:
U.S. Department of Justice, Office for Victims of Crime: www.ojp.usdoj.gov/ovc
National Organization for Victim Assistance (NOVA): www.try-nova.org
National Center for Victims of Crime: www.ncvc.org
National Criminal Justice Reference Service: www.ncjrs.org

NATIVE AMERICAN INFORMATION:
Bureau of Indian Affairs: www.doi.gov/bureau-indian-affairs.html
National Indian Child Welfare Association: www.nicwa.org
Tribal Resource Center: www.tribalresourcecenter.org
Office for Tribal Justice: www.usdoj.gov/otj/
National Indian Justice Center: www.nijc.indian.com

FRAUD & IDENTITY THEFT:
National Fraud Information Center: www.fraud.org
Federal Trade Commission: www.consumer.gov/idtheft
Identity Theft Resource Center: www.idtheftcenter.org
Department of Justice - I.D. Theft & Fraud: www.usdoj.gov/criminal/fraud/idtheft.html
U.S. Postal Inspection Service: www.usps.com/postalinspectors/
Free Credit Report: www.annualcreditreport.com

DOMESTIC VIOLENCE:
Violence Against Women & Family Protection Office: www.ojp.usdoj.gov/nij/vawprog
National Coalition Against Domestic Violence: www.ncadv.org
National Domestic Violence Hotline: www.ndvh.org
Antistalking: www.antistalking.com
Nevada Network Against Domestic Violence: www.nnadv.org
Southern Nevada Domestic Violence Task Force: www.sndvtf.org

SUBSTANCE ABUSE:
Center for Substance Abuse Prevention: www.prevention.samhsa.gov
Center for Substance Abuse Treatment: www.csat.samhsa.gov
Southern Nevada BEST Coalition: www.nvbest.org

SEXUAL ABUSE:
National Sexual Violence Resource Center: www.nsvrc.org
Rape, Abuse & Incest National Network: www.rainn.org
Nevada Coalition Against Sexual Violence: www.ncasv.org
Sexual Assault Response Advocates - Nationwide Hotline: http://saraadv.org/resources.htm

CHILD VICTIMS AND VIOLENT CRIME:
National Center for Missing and Exploited Children: www.missingkids.com
Parents of Murdered Children: www.pomc.com
National Center for Abused and Neglected Kids: www.gangfreekids.org
Families of Murder Victims: www.fmvlv.com

ELDER ABUSE & EXPLOITATION:
National elder abuse resources: www.elderabusecenter.org
Local Services Locator: www.eldercare.gov

NEVADA RESOURCES
COUNTY DISTRICT ATTORNEY’S OFFICES
FOR VICTIM-WITNESS ASSISTANCE
STATE OF NEVADA

CARSON COUNTY
District Attorney’s Office
885 E. Musser St.
Tel: (775) 887-2072
Fax: (775) 887-2129
www.carson-city.nv.us/departments/da/districtatty.htm

CHURCHILL COUNTY
District Attorney’s Office
365 So. Maine St.
Fallon, Nevada 89406
Tel: (775) 423-6561
Fax: (775) 423-6528
www.churchillcounty.org/da/

CLARK COUNTY
Victim-Witness Services
District Attorney’s Office
200 S. Third St., #528
P.O. Box 552212
Las Vegas, Nevada 89155
Tel: (702) 455-4204
Fax: (702) 455-5101
www.accessclarkcounty.com/district_attorney/VWAC/index.htm

DOUGLAS COUNTY
District Attorney’s Office
1625 8th St.
Minden, Nevada 89423
Tel: (775) 782-9800
Fax: (775) 782-9807

ELKO COUNTY
District Attorney’s Office
521 6th Street
Elko, Nevada 89801
Tel: (775) 738-3101
Fax: (775) 738-0160
www.elkocountynv.net/districtattorney.html

ESMERALDA COUNTY
District Attorney’s Office
P.O. Box 339
Goldfield, Nevada 89013
Tel: (775) 485-6352
Fax: (775) 485-6356

EUREKA COUNTY
District Attorney’s Office
P.O. Box 190
Eureka, Nevada 89316
Tel: (775) 237-5315
Fax: (775) 237-6005
www.co.eureka.nv.us/district/district01.htm

Note: Victim-Witness Services provided by White Pine County - 1-800-372-7202

HUMBOLDT COUNTY
District Attorney’s Office
P.O. Box 909
Winnemucca, Nevada 89446
Tel: (775) 623-6363
Fax: (775) 623-6365
www.hcnv.us/da/da_home.htm

LANDER COUNTY
District Attorney’s Office
P.O. Box 187
Battle Mountain, Nevada 89820
Tel: (775) 635-5195
Fax: (775) 635-8209

LINCOLN COUNTY
District Attorney’s Office
P.O. Box 60
Pioche, Nevada 89043
Tel: (775) 962-5171
Fax: (775) 962-5582
www.co.lincoln.nv.us/da.htm
Note: Victim-Witness Services provided by White Pine County - 1-800-372-7202

LYON COUNTY
District Attorney’s Office
31 South Main Street
Yerington, Nevada 89447
Tel: (775) 463-6511
Fax: (775) 463-6516
www.lyon-county.org/da/

MINERAL COUNTY
District Attorney’s Office
P.O. Box 1210
Hawthorne, Nevada 89415
Tel: (775) 945-3636
Fax: (775) 945-0740

NYE COUNTY
District Attorney’s Office
1520 E. Basin Rd
Pahrump, Nevada 89048
Mailing address: P.O. Box 39
Pahrump, NV 89041
Tel: (775) 751-7080
Fax: (775) 727-5234

PERSHING COUNTY
District Attorney’s Office
P.O. Box 299
Lovelock, Nevada 89419
Tel: (775) 273-2613
Fax: (775) 273-7058

STOREY COUNTY
District Attorney’s Office
26 B Street
Virginia City, Nevada 89440
Tel: (775) 847-0964
Fax: (775) 847-1007

WASHOE COUNTY
District Attorney’s Office
Victim-Witness Services
P.O. Box 11130
75 Court St., Rm 201
Reno, Nevada 89520
Tel: (775) 328-3210
Fax: (775) 328-3283
1-800-866-3210
www.co.washoe.nv.us/da/dadepartments.html

WHITE PINE COUNTY
District Attorney’s Office
P.O. Box 240
Ely, Nevada 89301
Tel: (775) 289-8828
Fax: (775) 289-1559
Victim-Witness Services:
612 Aultman, #120
Ely, Nevada 89301
Tel: (775) 289-3410
Fax: (775) 289-3470
1-800-372-7202
www.whitepinecounty.net/district_attorney.htm


Office of the Governor
http://gov.state.nv.us/ VINE Hotline
Clark County VINE services - 877-591-VINE Washoe County VINE services - 877-332-8463 http://www.washoesheriff.com/pages/Detectives/vine.php

VICTIM’S ASSISTANCE HOTLINE (Inmate information for Victims & Their Families)
Nevada Department of Corrections - 1-888-333-6076
(775) 887-3284 (Carson City/Reno Area)Nevada Victims of Crime Compensation Board Bryan Nix, Coordinator
Victims of Crime Program
NV Department of Administration
555 E. Washington, Suite 3200
Las Vegas, NV 89101
Telephone: (702) 486-2740 Nevada Child Abuse/Neglect Hotline - 800 992-5757

STATUTORY RIGHTS OF CRIME VICTIMS

18 U.S.C. Section 3771
(Justice for All Act of 2004)
18 U.S.C. Section 3510
(Victim’s Trial Rights)
42 U.S.C. Section 10607
(Services to Victims)
Federal Rule 32
(Victim Impact Statement)
18 U.S.C. Section 3663
(Order of Restitution)

Sec. 3771. Rights of Crime Victims

(a) Rights of crime victims.--A crime victim has the following rights:

(1) The right to be reasonably protected from the accused.
(2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused.
(3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
(4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.
(5) The reasonable right to confer with the attorney for the Government in the case.
(6) The right to full and timely restitution as provided in law.
(7) The right to proceedings free from unreasonable delay.
(8) The right to be treated with fairness and with respect for the victim's dignity and privacy.(b) Rights afforded.--In any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a). Before making a determination described in subsection (a)(3), the court shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision denying relief under this chapter shall be clearly stated on the record.(c) Best efforts to accord rights.--
(1) Government.--Officers and employees of the Department of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a).
(2) Advice of attorney.--The prosecutor shall advise the crime victim that the crime victim can seek the advice of an attorney with respect to the rights described in subsection (a).
(3) Notice.--Notice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person.(d) Enforcement and limitations.--(1) Rights.--The crime victim or the crime victim's lawful representative, and the attorney for the Government may assert the rights described in subsection (a). A person accused of the crime may not obtain any form of relief under this chapter.
(2) Multiple crime victims.--In a case where the court finds that the number of crime victims makes it impracticable to accord all of the crime victims the rights described in subsection (a), the court shall fashion a reasonable procedure to give effect to this chapter that does not unduly complicate or prolong the proceedings.
(3) Motion for relief and writ of mandamus.--The rights described in subsection (a) shall be asserted in the district court in which a defendant is being prosecuted for the crime or, if no prosecution is underway, in the district court in the district in which the crime occurred. The district court shall take up and decide any motion asserting a victim's right forthwith. If the district court denies the relief sought, the movant may petition the court of appeals for a writ of mandamus. The court of appeals may issue the writ on the order of a single judge pursuant to circuit rule or the Federal Rules of Appellate Procedure. The court of appeals shall take up and decide such application forthwith within 72 hours after the petition has been filed. In no event shall proceedings be stayed or subject to a continuance of more than five days for purposes of enforcing this chapter. If the court of appeals denies the relief sought, the reasons for the denial shall be clearly stated on the record in a written opinion.
(4) Error.--In any appeal in a criminal case, the Government may assert as error the district court's denial of any crime victim's right in the proceeding to which the appeal relates.
(5) Limitation on relief.--In no case shall a failure to afford a right under this chapter provide grounds for a new trial. A victim may make a motion to re-open a plea or sentence only if--
(A) the victim has asserted the right to be heard before or during the proceeding at issue and such right was denied;
(B) the victim petitions the court of appeals for a writ of mandamus within 10 days; and
(C) in the case of a plea, the accused has not pled to the highest offense charged.This paragraph does not affect the victim's right to restitution as provided in title 18, United States Code.
(6) No cause of action.--Nothing in this chapter shall be construed to authorize a cause of action for damages or to create, to enlarge, or to imply any duty or obligation to any victim or other person for the breach of which the United States or any of its officers or employees could be held liable in damages. Nothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction.(e) Definitions.--For the purposes of this chapter, the term "crime victim" means a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim's estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim's rights under this chapter, but in no event shall the defendant be named as such guardian or representative.(f) Procedures to promote compliance.--(1) Regulations.--Not later than 1 year after the date of enactment of this chapter, the Attorney General of the United States shall promulgate regulations to enforce the rights of crime victims and to ensure compliance by responsible officials with the obligations described in law respecting crime victims.
(2) Contents.--The regulations promulgated under paragraph (1) shall--
(A) designate an administrative authority within the Department of Justice to receive and investigate complaints relating to the provision or violation of the rights of a crime victim;
(B) require a course of training for employees and offices of the Department of Justice that fail to comply with provisions of Federal law pertaining to the treatment of crime victims, and otherwise assist such employees and offices in responding more effectively to the needs of crime victims;
(C) contain disciplinary sanctions, including suspension or termination from employment, for employees of the Department of Justice who willfully or wantonly fail to comply with provisions of Federal law pertaining to the treatment of crime victims; and
(D) provide that the Attorney General, or the designee of the Attorney General, shall be the final arbiter of the complaint, and that there shall be no judicial review of the final decision of the Attorney General by a complainant.

Sec. 3510. Rights of Victims to Attend and Observe Trial

(a) Non-Capital Cases. - Notwithstanding any statute, rule, or other provision of law, a United States district court shall not order any victim of an offense excluded from the trial of a defendant accused of that offense because such victim may, during the sentencing hearing, make a statement or present any information in relation to the sentence.
(b) Capital Cases. - Notwithstanding any statute, rule, or other provision of law, a United States district court shall not order any victim of an offense excluded from the trial of a defendant accused of that offense because such victim may, during the sentencing hearing, testify as to the effect of the offense on the victim and the victim's family or as to any other factor for which notice is required under section 3593(a).
(c) Definition. - As used in this section, the term ''victim'' includes all persons defined as victims in section 503(e)(2) of the Victims' Rights and Restitution Act of 1990.

Sec. 10607. Services to Victims

(a) Designation of responsible officials The head of each department and agency of the United States engaged in the detection, investigation, or prosecution of crime shall designate by names and office titles the persons who will be responsible for identifying the victims of crime and performing the services described in subsection (c) of this section at each stage of a criminal case. (b) Identification of victims At the earliest opportunity after the detection of a crime at which it may be done without interfering with an investigation, a responsible official shall -

(1) identify the victim or victims of a crime;
(2) inform the victims of their right to receive, on request, the services described in subsection (c) of this section; and
(3) inform each victim of the name, title, and business address and telephone number of the responsible official to whom the victim should address a request for each of the services described in subsection (c) of this section.

(c) Description of services (1) A responsible official shall -

(A) inform a victim of the place where the victim may receive emergency medical and social services;
(B) inform a victim of any restitution or other relief to which the victim may be entitled under this or any other law and [1] manner in which such relief may be obtained;
(C) inform a victim of public and private programs that are available to provide counseling, treatment, and other support to the victim; and
(D) assist a victim in contacting the persons who are responsible for providing the services and relief described in subparagraphs (A), (B), and (C).

(2) A responsible official shall arrange for a victim to receive reasonable protection from a suspected offender and persons acting in concert with or at the behest of the suspected offender. (3) During the investigation and prosecution of a crime, a responsible official shall provide a victim the earliest possible notice of -

(A) the status of the investigation of the crime, to the extent it is appropriate to inform the victim and to the extent that it will not interfere with the investigation; (B) the arrest of a suspected offender;
(C) the filing of charges against a suspected offender;
(D) the scheduling of each court proceeding that the witness is either required to attend or, under section 10606(b)(4) (FOOTNOTE 2) of this title, is entitled to attend;
(E) the release or detention status of an offender or suspected offender;
(F) the acceptance of a plea of guilty or nolo contendere or the rendering of a verdict after trial; and
(G) the sentence imposed on an offender, including the date on which the offender will be eligible for parole.

(4) During court proceedings, a responsible official shall ensure that a victim is provided a waiting area removed from and out of the sight and hearing of the defendant and defense witnesses. (5) After trial, a responsible official shall provide a victim the earliest possible notice of -

(A) the scheduling of a parole hearing for the offender;
(B) the escape, work release, furlough, or any other form of release from custody of the offender; and
(C) the death of the offender, if the offender dies while in custody.

(6) At all times, a responsible official shall ensure that any property of a victim that is being held for evidentiary purposes be maintained in good condition and returned to the victim as soon as it is no longer needed for evidentiary purposes. (7) The Attorney General or the head of another department or agency that conducts an investigation of a sexual assault shall pay, either directly or by reimbursement of payment by the victim, the cost of a physical examination of the victim which an investigating officer determines was necessary or useful for evidentiary purposes. The Attorney General shall provide for the payment of the cost of up to 2 anonymous and confidential tests of the victim for sexually transmitted diseases, including HIV, gonorrhea, herpes, chlamydia, and syphilis, during the 12 months following sexual assaults that pose a risk of transmission, and the cost of a counseling session by a medically trained professional on the accuracy of such tests and the risk of transmission of sexually transmitted diseases to the victim as the result of the assault. A victim may waive anonymity and confidentiality of any tests paid for under this section. (8) A responsible official shall provide the victim with general information regarding the corrections process, including information about work release, furlough, probation, and eligibility for each. (d) No cause of action or defense This section does not create a cause of action or defense in favor of any person arising out of the failure of a responsible person to provide information as required by subsection (b) or (c) of this section. (e) Definitions For the purposes of this section - (1) the term ''responsible official'' means a person designated pursuant to subsection (a) of this section to perform the functions of a responsible official under that section; and
(2) the term ''victim'' means a person that has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime, including -

(A) in the case of a victim that is an institutional entity, an authorized representative of the entity; and
(B) in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, one of the following (in order of preference):

(i) a spouse;
(ii) a legal guardian;
(iii) a parent;
(iv) a child;
(v) a sibling;
(vi) another family member; or
(vii) another person designated by the court.

Federal Rule 32 Victim Impact Statement

32(c)(3)(E):
Provides that before imposing sentence in a crime of violence or sexual abuse, the court must "address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement or present any information in relation to the sentence". 32(f)(1):
defines "victim" as "any individual against whom an offense has been committed for which a sentence is to be imposed."
provides that right to speak at sentencing may be exercised by the victim or (A) by parent or legal guardian if victim is under 18 or is incompetent; or (B) by one or more family members or relatives designated by the court if the victim is deceased or incapacitated. 32(f)(2):
defines "crime of violence or sexual abuse" to be one that "involved the use or attempted or threatened use of physical force against the person or property of another, or a [sexual abuse] crime."

Sec. 3663. Order of Restitution

(a)

(1) (A) ...(c) may order, in addition to or, in the case of a misdemeanor, in lieu of any other penalty authorized by law, that the defendant make restitution to any victim of such offense, or if the victim is deceased, to the victim's estate. The court may also order, if agreed to by the parties in a plea agreement, restitution to persons other than the victim of the offense.
(B)

(i) The court, in determining whether to order restitution under this section, shall consider -

(I) the amount of the loss sustained by each victim as a result of the offense; and
(II) the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's dependents, and such other factors as the court deems appropriate.

(ii) To the extent that the court determines that the complication and prolongation of the sentencing process resulting from the fashioning of an order of restitution under this section outweighs the need to provide restitution to any victims, the court may decline to make such an order.

(2) For the purposes of this section, the term ''victim'' means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, may assume the victim's rights under this section, but in no event shall the defendant be named as such representative or guardian.

(3) The court may also order restitution in any criminal case to the extent agreed to by the parties in a plea agreement

(b) The order may require that such defendant -

(1) in the case of an offense resulting in damage to or loss or destruction of property of a victim of the offense -

(A) return the property to the owner of the property or someone designated by the owner; or
(B) if return of the property under subparagraph (A) is impossible, impractical, or inadequate, pay an amount equal to the greater of -

(i) the value of the property on the date of the damage, loss, or destruction, or
(ii) the value of the property on the date of sentencing, less the value (as of the date the property is returned) of any part of the property that is returned;

(2) in the case of an offense resulting in bodily injury to a victim including an offense under chapter 109A or chapter 110 -

(A) pay an amount equal to the cost of necessary medical and related professional services and devices relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a method of healing recognized by the law of the place of treatment;
(B) pay an amount equal to the cost of necessary physical and occupational therapy and rehabilitation; and
(C) reimburse the victim for income lost by such victim as a result of such offense;

(3) in the case of an offense resulting in bodily injury also results in the death of a victim, pay an amount equal to the cost of necessary funeral and related services;

(4) in any case, reimburse the victim for lost income and necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense; and

(5) in any case, if the victim (or if the victim is deceased, the victim's estate) consents, make restitution in services in lieu of money, or make restitution to a person or organization designated by the victim or the estate.

Sec. 3663A. Mandatory Restitution to Victims of Certain Crimes

(a)

(1) Notwithstanding any other provision of law, when sentencing a defendant convicted of an offense described in subsection (c), the court shall order, in addition to, or in the case of a misdemeanor, in addition to or in lieu of, any other penalty authorized by law, that the defendant make restitution to the victim of the offense or, if the victim is deceased, to the victim's estate.(2) For the purposes of this section, the term ''victim'' means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, may assume the victim's rights under this section, but in no event shall the defendant be named as such representative or guardian.

(3) The court shall also order, if agreed to by the parties in a plea agreement, restitution to persons other than the victim of the offense.

(b) The order of restitution shall require that such defendant -

(1) in the case of an offense resulting in damage to or loss or destruction of property of a victim of the offense - (A) return the property to the owner of the property or someone designated by the owner; or
(B) if return of the property under subparagraph (A) is impossible, impracticable, or inadequate, pay an amount equal to -

(i) the greater of -

(I) the value of the property on the date of the damage, loss, or destruction; or
(II) the value of the property on the date of sentencing, less

(ii) the value (as of the date the property is returned) of any part of the property that is returned;

(2) in the case of an offense resulting in bodily injury to a victim -

(A) pay an amount equal to the cost of necessary medical and related professional services and devices relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a method of healing recognized by the law of the place of treatment;(B) pay an amount equal to the cost of necessary physical and occupational therapy and rehabilitation; and(C) reimburse the victim for income lost by such victim as a result of such offense; (3) in the case of an offense resulting in bodily injury that results in the death of the victim, pay an amount equal to the cost of necessary funeral and related services; and

(4) in any case, reimburse the victim for lost income and necessary child care, transportation, and other expenses incurred during participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense.

(c)

(1) This section shall apply in all sentencing proceedings for convictions of, or plea agreements relating to charges for, any offense -

(A) that is -

(i) a crime of violence, as defined in section 16
(ii) an offense against property under this title, including any offense committed by fraud or deceit; or
(iii) an offense described in section 1365 (relating to tampering with consumer products); and

(B) in which an identifiable victim or victims has suffered a physical injury or pecuniary loss.