R671-203-5. Victim Statements and Testimony

  (1) A victim, victim representative or victim's family member (if the victim is a child or deceased), may testify regarding the impact of the offense(s) upon the victim, any restitution claimed, and may present any concerns or statements regarding any decision to be made regarding the offender.

  (2) The testimony may be presented as a written statement, which may also be read aloud, if the presenter desires; or as oral testimony.

  (3) Oral testimony at hearings may be limited in order to accommodate the hearing calendar.

  (4) If a deceased victim's family member testifies, testimony may be limited to one family member from the victim's marital family (i.e. spouse or children) and one family member from the victim's nuclear/extended family (i.e. parent, sibling or grandparent).

  (5) In exceptional or extraordinary circumstances a victim or victim representative may request that additional testimony be permitted.

  (6)(a) A victim may present testimony during the hearing outside the presence of the offender. However, the offender shall be permitted to hear the victim's testimony and respond during the hearing.

  (b) If a victim presents testimony during a victim impact hearing held separately from an original hearing or rehearing, an audio recording of the victim's testimony shall be made available to the offender.

  (7) Victims who desire to testify at hearings shall notify the Board as far in advance of the hearing as possible so that appropriate arrangements can be made and adequate time allocated.

  (8) Victims or representatives are encouraged to bring a written copy of their testimony to the hearing or send a copy to the Victim Coordinator for the Board file.

  (9)(a) Any person aggrieved by the conduct of the offender, who is not a victim as defined by this rule, may submit a written statement regarding any impact to the person from the offender's conduct.

  (b) Other than protected identifying information, including but not limited to address, email, and phone numbers, information submitted to the Board is disclosed to the offender pursuant to legal requirements.