HF681

Purpose

• To require and improve notice to crime victims when an offender submits a letter of apology, and to expand and clarify victims’ rights and the process for informing victims about related actions.

Main Provisions

• Update and distribution of model notices

  • The Office of Justice Programs must update the two model notices of the rights of crime victims.
  • The initial notice must be given by a peace officer to each victim at first contact and must inform the victim about:
  • the right to apply for reparations to cover losses (excluding property losses from a violent crime) and the phone number to request an application
  • the right to request that data revealing the victim’s identity be withheld from public access
  • the additional rights of domestic abuse victims
  • information on the nearest crime victim assistance program or resource
  • the rights if an offender is charged, including the right to be informed of and participate in the prosecution process (including the right to request restitution)
  • the rights in homicide cases and information on rights and procedures under specified sections, plus the right to be notified of offender letters of apology (per another section)
  • A supplemental notice must be sent by the city or county attorney’s office to each victim within a reasonable time after the offender is charged or petitioned, informing them of all rights under this chapter.

• Notice of submission of apology letter (new Subd.3b to 611A.06)

  • The commissioner of corrections or other custodial authority must make a good faith effort to notify the victim that the offender has submitted a letter of apology.
  • Notices are limited to victims who have submitted a written request for notification to:
  • the head of the county correctional facility where the offender is confined, or
  • the Department of Corrections if the offender is in the department, via written request or through the department’s electronic victim notification system.
  • The good faith notification effort must occur within 90 days of the apology letter filing.

Notable Changes to Existing Law

• Adds required victim notices and updates to model notices to standardize informing victims of a broad set of rights, including reparations, privacy protections, domestic abuse protections, resources, restitution, and notification about offender apologies.
• Creates an explicit duty for custodial authorities to notify victims that an offender has submitted an apology letter, with a defined 90-day notification window and conditions for who may receive such notice (only victims who opt in via written requests).

How This Affects Victims and Agencies

• Victims will receive more comprehensive and timely information about their rights and available resources at multiple points (initial contact and after charges).
• Law enforcement, prosecutors, and custodial authorities must implement and maintain notification systems and processes for apology letters, adding a new layer to victim outreach and engagement.

Significant Changes and Impacts

• Expansion of victim rights information and formal notices to include apology-letter related information.
• Introduction of a “good faith effort” standard and a defined notification timeframe (within 90 days) for apology letters.
• Clarification of privacy protections related to victim data in notices.

Relevant Terms - Office of Justice Programs - model notices - rights of crime victims - initial notice - supplemental notice - reparations - property losses - violent crime - data privacy / data revealing victim’s identity - section 13.82 subdivision 17 paragraph d - domestic abuse victims / section 629.341 - victim assistance program - prosecution process - restitution - homicide cases - offender letters of apology - section 611A.06 Subd.3b - commissioner of corrections - custodial authority - Department of Corrections - electronic victim notification system - good faith effort - 90 days - county correctional facility - peace officer - initial contact - charged or petitioned