Victim/Witness Referral Services

The Addison Police Department is committed to the development, implementation and continuation of a victim/witness program and related activities. The Department believes that victims/witnesses should be treated with fairness, dignity and compassion and supports those tenets written in the "Bill of Rights for Victims and Witnesses of Violent Crime Act" (Illinois Compiled Statutes 725 ILCS 120/1 - 120/9). This law guarantees basic rights to crime victims and witnesses.

DEFINITIONS

Victim: A person who suffers physical, financial or emotional harm as the direct result of a specified crime committed upon his or her person or property. Under the "Bill of Rights for Victims and Witnesses of Violent Crime Act" (Illinois Compiled Statutes 725 ILCS 120/1 through 120/9), a "crime victim" or "victim" means: (1) any natural person determined by the prosecutor or the court to have suffered direct physical or psychological harm as a result of a violent crime perpetrated or attempted against that person or direct physical or psychological harm as a result of (i) a violation of Section 11-501 of the Illinois Vehicle Code or similar provision of a local ordinance or (ii) a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012; (2) in the case of a crime victim who is under 18 years of age or an adult victim who is incompetent or incapacitated, both parents, legal guardians, foster parents or a single adult representative; (3) in the case of an adult deceased victim, two (2) representatives who may be the spouse, parent, child or sibling of the victim, or the representative of the victim's estate; and (4) an immediate family member of a victim under clause (1) of this paragraph (a) chosen by the victim. If the victim is 18 years of age or over, the victim may choose any person to be the victim's representative. In no event shall the defendant or any person who aided and abetted in the commission of the crime be considered a victim, a crime victim or a representative of the victim.

Witness: A person who, as determined by the law enforcement agency, has information or evidence relevant to the investigation of a specified crime. Under the "Bill of Rights for Victims and Witnesses of Violent Crime Act" (Illinois Compiled Statutes 725 ILCS 120/1 through 120/9), a "Witness" means any person who personally observed the commission of a crime and who will testify on behalf of the State of Illinois; or a person who will be called by the prosecution to give testimony establishing a necessary nexus between the offender and the violent crime.

Violent Crime: (1) any felony in which force or threat of force was used against the victim; (2) any offense involving sexual exploitation, sexual conduct or sexual penetration; (3) a violation of Section 11-20.1, 11-20.1B, 11-20.3 or 11-23.5 of the Criminal Code of 1961 or the Criminal Code of 2012; (4) domestic battery or stalking; (5) violation of an order of protection, a civil no contact order or a stalking no contact order; (6) any misdemeanor which results in death or great bodily harm to the victim; or (7) any violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 or Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance, if the violation resulted in personal injury or death. "Violent crime" includes any action committed by a juvenile that would be a violent crime if committed by an adult. For the purposes of this paragraph, "personal injury" shall include any Type A injury as indicated on the traffic accident report completed by a law enfocement officer that requires immediate professional attention in either a doctor's office or medical facility. A type A injury shall include severely bleeding wounds, distorted extremities and injuries that require the injured party to be carried from the scene.

The resources of the Northeast DuPage Family and Youth Services (NEDFYS), the Family Shelter Services of DuPage County and the Rape Crisis Center for DuPage County will be available on a referral basis. These resources include

1.  Referrals to social service agencies

2.  Victim advocacy

3.  Crisis counseling

4.  Emergency financial assistance

5.  Emergency food pantry

6.  Support groups

7.  Health screening

To the extent possible, the Police Department shall provide appropriate resources to assist victims/witnesses who fear threats, intimidation and/or further victimization. Such assistance may include the following efforts:

1.  Having an officer or investigator provide reassurance to the victim/witness that the police are concerned about their well-being and will take the necessary steps to ensure their safety, such as increased patrol watches.

2.  Informing the victim/witness about the possibility of filing criminal charges against the alleged offender for statute violation.

3.  Referring the victim/witness to the State's Attorney's Office, DuPage County Victim Services Unit.

4.  Referring the victim/witness to the appropriate law enforcement agency within the jurisdiction where the incident occurred.

Following the arrest of a suspect and during the post-arrest processing of the suspect, the Police Department will endeavor to provide victims/witnesses with the following:

1.  Notification of the arrest.

2.  The charges placed against the offender.

3.  When possible, the arrestee's custody status.

4.  Information about the Victim Information and Notification Everyday (VINE) program through the DuPage County Sheriff's Office. The VINE program allows victims to check on the custody status of offenders in jail and will automatically notify them of any change in status.

CRIME VICTIM'S BILL OF RIGHTS

Crime victims, as defined by law, shall have the following rights as provided by law:

 1.  The right to be treated with fairness and respect for their dignity and privacy and to be free from harassment, intimidation and abuse throughout the criminal justice process.

1.5. The right to notice and to a hearing before a court ruling on a request for access to any of the victim's records, information or communications which are privileged or confidential by law.

 2.  The right to timely notification of all court proceedings.

 3.  The right to communicate with the prosecution.

 4.  The right to be heard at any post-arraignment court proceeding in which a right of the victim is at issue and any court proceeding involving a post-arraignment release decision, plea or sentencing.

 5.  The right to be notified of the conviction, the sentence, the imprisonment and the release of the accused.

 6.  The right to the timely disposition of the case following the arrest of the accused.

 7.  The right to be reasonably protected from the accused through the criminal justice process.

7.5. The right to have the safety of the victim and the victim's family considered in denying or fixing the amount of bail, determining whether to release the defendant and setting conditions of release after arrest and conviction.

 8.  The right to be present at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial.

 9.  The right to have present at all court proceedings, including proceedings under the Juvenile Court Act of 1987, subject to the rules of evidence, an advocate or other support person of the victim's choice.

10.  The right to restitution.

Furthermore, victims/witnesses are entitled to crisis assistance, information on case status and the criminal court process and expedient return of property.

For more information on the Crime Victim Rights in Illinois, click here.

Illinois Attorney General
Illinois Coalition Against Domestic Violence
DuPage State's Attorney