Law defines a lawful representative as a person who is designated by the victim or appointed by the court to act in the best interest of the victim.
(Post-Conviction Notification Request Form)
When an offender is sentenced, the victim has the right to be informed of the post-conviction activity ONLY if he/she fills out a post-conviction notification request form (PCNR) and returns this form back to the agencies responsible for notification. This form will come from the Victim Services office that prosecuted the case.
Upon receipt of the PCNR, ADCRR Victim Services will provide the following services:
RIGHT NOT TO RECEIVE MAIL On the PCNR form, a victim may chose to select not to receive mail from an inmate. See the image below for an example:
If a box is checked requesting not to receive mail, ADCRR Office of Victim Services sends a memo through the Warden's Office of the inmate's location. The inmate then signs the memo, stating that he/she will not contact the victim via mail. If mail is sent subsequently, then disciplinary actions can take place.
CONTACT INFORMATION UPDATE:
A victim must keep his/her address updated with ADCRR Victim Services or we cannot notify of important activity:
To request a Status Change form, please call 1-866-787-7233 or
602-542-1853.
Please send completed form to:
Arizona Department of Corrections, Rehabilitation & Reentry
Office of Victim Services
701 E. Jefferson St.
Phoenix, AZ 85034
Email: [email protected]
Fax: (602) 364-0459
Please note!
There are other agencies that notify about activity after sentencing. Each agency needs a copy of the PCNR form from the victim in order for notification to be sent. Additionally, the agency contact information is listed on the PCNR form. If applicable, these agencies are:
Notifications to persons other than the victim can be considered. The interested party must submit a written request for notification stating the reason for the request. The Office of Victim Services or designee must approve this request before information concerning the case can be given.
Please be aware that release types can be VERY complicated. Briefly, release types are determined by the sentence and when the sentence occurred.
Click here for the official Arizona Department of Corrections, Rehabilitation & Reentry release-type form. Any other questions about release types can be directed to the Office of Victim Services. ADCRR provides notification regarding release * upon request. This, again can be done through the Office of Victim Services.
Hearings may occur after a defendant has been sentenced. Please note that the below information is not applicable to all cases. You will be notified of the following proceedings after you have submitted a Post-Conviction Notification Form.
APPELLATE OR POST-CONVICTION RELIEF PROCEEDINGS
A contested oral argument or evidentiary hearing that is held in open court and involves a request by the defendant for relief from a conviction or sentence. These hearings may be held in:
A VICTIM'S REQUEST FOR NOTICE OF THESE PROCEEDINGS MUST BE SENT TO THE COUNTY ATTORNEY'S OFFICE AND/OR THE ARIZONA ATTORNEY GENERAL'S OFFICE.
BOARD OF EXECUTIVE CLEMENCY HEARINGS
A VICTIM'S REQUEST FOR NOTICE OF THESE PROCEEDINGS MUST BE SENT TO THE ARIZONA BOARD OF EXECUTIVE CLEMENCY.
For specific hearing information, please visit the Arizona Board of Executive Clemency's Webpage.
Victims or Survivors of crime may desire added protection from an inmate. Please remember that protective orders give you legal protection, but it is always a good idea to take further steps to ensure your safety. You may contact ADC Office of Victim Services to assist in development of a safety plan.
If you wish to obtain a protective order against an inmate who is currently incarcerated in the Arizona Department of Corrections, Rehabilitation & Reentry, it is recommended that you do so approximately one month prior to the release of the offender. Please contact the Office of Victim Services for assistance with service to the inmate
IMPORTANT FACTS
TYPES OF PROTECTIVE ORDERS
In the State of Arizona, victims may file an Order of Protection or Injunction Against Harassment.
Order of Protection (OOP): Is a legal restraint used to prohibit a person from committing an act of domestic violence or from contacting people protected by the order. An order of protection may include various forms of legal protection such as removing firearms from the home, adding other people to the order, and exclusive use of the home. The plaintiff (victim/survivor) and defendant (inmate) must meet certain requirements in terms of their relationship.
Injunction Against Harassment (IAH): Orders a person to stop harassing, annoying, or alarming another person. The abusive party does not have to pass the relationship test as in an Order of Protection.
Whether an OOP or an IAH will be needed depends on the relationship between the victim and the inmate. The victim’s relationship to the defendant must fit into one of these categories for an Order of Protection.
If the defendant is:
For all other relationships (i.e. co-workers, neighbors), an Injunction Against Harassment can be filed.
RESTITUTION: Arizona law requires the courts to order convicted persons to pay restitution for victims' out-of-pocket losses that are directly related to the crime (consequential losses or damages are not covered). ARS 13-603 (C)
Important Information on Restitution:
Victim files on their own. The victim becomes the lien holder and is responsible for releasing the lien once the restitution is paid in full. This is a civil judgment that can be filed against the inmate’s property or future property.
Criminal Restitution Order - (ARS 13-805)
The court typically files this automatically after an offender has finished his/her sentence and there is a remaining balance of restitution. The criminal restitution order not only acts against the inmate's property, but can intercept Arizona Income Tax refunds, lottery winnings, excess from trustee sales, and civil judgment awards. Under some circumstances, wages may also be garnished.
Please remember to keep your address current with the Clerk of Court in the county of sentencing.
Who is eligible to apply?
Requirements:
The application process for Victim Compensation is extensive. For assistance with the application process, please contact the Arizona Criminal Justice Commission at (602) 506-4955 or the Office of Victim Services. Applications can be downloaded at either www.maricopacountyattorney.org, or www.azcjc.gov.
The Victim Offender Dialogue Program is a program that provides an opportunity for eligible victims/survivors to meet with an offender face to face in a safe and secure environment with the assistance of a trained facilitator. It is strictly victim-initiated, victim-centered, and victim-driven. It may not be for all victims, but it can be an empowering and/or healing experience for some. For additional information, please contact the Office of Victim Services at (602) 542-1853.
ADCRR OFFICE OF VICTIM SERVICES
701 East Jefferson St.
Phoenix, AZ 85034
1-866-787-7233 | 602-542-1853
[email protected]