Victim Witness Assistance

Victim Witness Assistance

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 Coordinator
Debra Waite
debra.waite@usdoj.gov
(702) 388-6218
(800) 539-8002
Victim Witness Specialist
Jaye Willis (Las Vegas)
jaye.willis@usdoj.gov
(702) 388-6247
(800) 539-8002
Victim Witness Specialist
Glenda Newby (Reno)
glenda.g.newby@usdoj.gov
(775) 784-5438
(800) 303-5545

Courthouse Locations

U.S. District Court
District of Nevada - Las Vegas
333 Las Vegas Blvd. South
Las Vegas, NV 89101
(702) 464-5400
U.S. District Court
District of Nevada - Reno
400 S. Virginia St.
Reno, NV 89501
(775) 686-5800


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 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.

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."

Out-Of-State Witnesses

The Government will pay your travel expenses as follows:

  • Plane fare: Please contact the Victim Witness Coordinator at 1-800-539-8002 to make arrangements for a pre-paid ticket. If you buy your own plane ticket, you will be reimbursed only what the government fare would have been.
  • Hotel: The U.S. Attorney’s Office can arrange a pre-paid hotel, or you may make your own reservations. The maximum hotel allowance in Las Vegas from January 1 through May 31 is $124.00 (plus tax); June 1 through August 31 is $93.00 (plus tax); September 1 through December 31 is $108.00 (plus tax). You may make your own hotel reservations or call the Victim Witness Coordinator for assistance and will be reimbursed for your actual room cost up to the maximum. Receipt required. If you stay with family/friends, you will not be given a hotel allowance.
  • Meals/ You will be reimbursed for meals only if you are required to remain away from home overnight.
  • Incidentals: The allowance for meals & incidental expenses is $64.00 for each full day, and $32.00 for each travel day.
  • Taxi/Shuttle: Reimbursement for the most economical transportation to/from the airport. Receipt required if more than $25.00. If you drive to your airport, reimbursement is 48.5 cents a mile. We will pay airport parking with a receipt. Rental cars are not reimbursable.
  • Witness fee: $40.00 each day we require you to be here, including required travel days.

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 48.5 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.

General Information

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.

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.

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.

Important Points of Contact

  • Office of the Governor
  • Victim Information and Notification Everyday (VINE) Hotline
  • Victim's Assistance Hotline (Inmate information for victims & families)
    • Nevada Department of Corrections - (888) 333-6076

      Nevada Victims of Crime Compensation Board
      Bryan Nix, Coordinato, Victims of Crime Programr
      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

National 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.

Crime Victim Information

Fraud & Identity Theft

Domestic Violence

Substance Abuse

Sexual Abuse

Child Victims And Violent Crime

Elder Abuse & Exploitation

Office Name Address Phone Fax
Carson County 885 E. Musser St. (775) 887-2072 (775) 887-2129
Churchill County 365 So. Maine St., Fallon, Nevada 89406 (775) 423-6561 (775) 423-6528
Clark County 200 S. Third St., #528, P.O. Box 552212, Las Vegas, Nevada 89155 (702) 455-4204 (702) 455-5101
Douglas County 1625 8th St., Minden, Nevada 89423 (775) 782-9800 (775) 782-9807
Elko County 521 6th Street, Elko, Nevada 89801 (775) 738-3101 (775) 738-0160
Esmeralda County P.O. Box 339, Goldfield, Nevada 89013 (775) 485-6352 (775) 485-6356
Eureka County* P.O. Box 190, Eureka, Nevada 89316 (775) 237-5315 (775) 237-6005
Humboldt County P.O. Box 909, Winnemucca, Nevada 89446 (775) 623-6363 (775) 623-6365
Lander County P.O. Box 187, Battle Mountain, Nevada 89820 (775) 635-5195 (775) 635-8209
Lincoln County* P.O. Box 60, Pioche, Nevada 89043 (775) 962-5171 (775) 962-5582
Lyon County 31 South Main Street, Yerington, Nevada 89447 (775) 463-6511 (775) 463-6516
Mineral County P.O. Box 1210, Hawthorne, Nevada 89415 (775) 945-3636 (775) 945-0740
Nye County 1520 E. Basin Rd, Pahrump, Nevada 89048 (775) 751-7080 (775) 727-5234
Pershing County P.O. Box 299, Lovelock, Nevada 89419 (775) 273-2613 (775) 273-7058
Storey County 26 B Street, Virginia City, Nevada 89440 (775) 847-0964 (775) 847-1007
Washoe County P.O. Box 11130, 75 Court St., Rm 201, Reno, Nevada 89520 (775) 328-3210 (775) 328-3283
White Pine County 612 Aultman, #120, Ely, Nevada 89301 (775) 289-3410
(800) 372-7202
(775) 289-3470
*Victim-Witness Services provided by White Pine County - (800) 372-7202

 

Statutory 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.
  • How to file a complaint if you feel your victim rights have been violated
  • (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.
  • (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.
  • 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."
  • (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.
  • (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.

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Daniel G. Bogden

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