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Rule 302 Victim notice/rights in juvenile cases

Baldwin's Kentucky Revised Statutes Annotated25th Judicial District - Clark and Madison District Court

Baldwin's Kentucky Revised Statutes Annotated
25th Judicial District - Clark and Madison District Court
III. Juvenile Division
KY RCMD Rule 302
Rule 302 Victim notice/rights in juvenile cases
To comply with and facilitate the “Marsy's Law” Constitutional Amendment, the following provisions are adopted:
(a) As defined in KRS 421.500, “victim” means an individual directly and proximately harmed as a result of:
1. The commission of a crime classified as a felony; a misdemeanor involving threatened or actual physical injury, harassment, or restraint; a misdemeanor involving a child or incompetent person; or a misdemeanor involving a sexual offense or a trespass; or
2. Conduct which, if committed by an adult, would be classified as a felony or a misdemeanor described in subparagraph 1 of this paragraph.
(b) If the victim is a minor, incapacitated, or deceased, “victim” also means one (1) or more of the victim's spouse, parents, siblings, children, or other lawful representatives which shall be designated by the Court unless the person is the defendant or a person the Court finds would not act in the best interests of the victim.
(c) Except for notices to victims that the Clerk of the Court is statutorily required to provide and upon request of the victim, the County Attorney shall be responsible for notifying victims of all District Court proceedings, including pretrial conferences. Nothing in this rule shall prohibit notice being given by defense counsel.
(d) If a victim requested notice and provided the County Attorney with a current address and phone number prior to the proceeding but did not receive notice of the proceeding, then the victim may file a written statement in the Court record.
(e) If a victim is present at a hearing and wishes to be heard, the County Attorney shall endeavor to notify the parties and the Court prior to the hearing.
(f) Upon request of a victim, the District Court Clerk's Office in Madison County cases, and the County Attorney in Clark County Cases, shall certify to the Department of Revenue any unpaid restitution debt. The certification shall be routinely made upon discharge of probation and entry of a civil judgment for unpaid restitution.
(g) Victims have the right to assert their rights and, if violated, to seek enforcement of such rights. To ensure notice to others, enforcement requests must be submitted in writing, filed in the court record, and detail what right(s) was violated and when and how the violation occurred.

Credits

HISTORY: Amended effective September 16, 2022. Prior amendment effective July 10, 2001.
Clark and Madison District Court Rule 302, KY R CLARK MADISON DIST CT Rule 302
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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