Skip to main content
Loading…
This section is included in your selections.

A. The Office of the Attorney General is directed to inform the victims and witnesses of crimes of their rights under this subchapter. The following rights shall be included:

1. Upon request, to be notified and to be present at all proceedings involving the criminal or delinquent conduct; to be heard in any proceeding involving release, plea, sentencing, disposition, and parole; to be notified that a Court proceeding to which a victim or witness has been subpoenaed will or will not go on as scheduled to save the person an unnecessary trip to Court;

2. To be treated with fairness and respect for the safety, dignity and privacy of the victim;

3. To be informed of financial assistance and other social services available to victims, including information on any applicable assistance and services through the Osage Nation;

4. To be informed of the procedure for applying to receive any restitution to which the victim is entitled;

5. To be provided, whenever possible, a secure waiting area during Court proceedings that does not require close proximity to defendants and families and friends of defendants;

6. To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence. If feasible, all such property – except weapons, currency, contraband, property subject to evidentiary analysis, and property the ownership of which is disputed – shall be returned to the person;

7. Upon request, to have the members of the immediate 𐓊𐒻𐒿𐒷 (family), including a current spouse or domestic partner, a child or grandchild, a parent or grandparent, or a sibling or first cousin, related by birth, adoption, marriage, or Osage tradition, of any homicide victims afforded any applicable services under this section, whether or not the person is to be a witness in any criminal proceeding;

8. To be informed of conditions of a defendant’s release, release from custody, escape from custody, and any plea bargain negotiations and, upon request, to confer with the attorney for the Osage Nation;

9. To read, upon request, police, presentence, and post-conviction compliance reports related to the crime involving the victim when they are available;

10. To present a victim impact statement to the Court in writing or orally during the formal sentencing proceeding, and to have victim impact statements filed with the judgment and sentence;

11. To be informed of the procedure to be followed to apply for and receive any witness fee to which the victim or witness is entitled;

12. To be informed that when any family member is required to be a witness by subpoena from the defense, there must be a showing that the witness can provide relevant testimony as to the guilt or innocence of the defendant before the witness may be excluded from the proceeding by invoking the rule to remove potential witnesses and to refuse an interview or other request made by the accused or any person acting on behalf of the accused, other than a refusal to appear if subpoenaed by defense counsel;

13. To be informed in any felony or misdemeanor cases involving a violent crime or sex offense of the progress of pretrial proceedings which could substantially delay the prosecution of the case;

14. To be informed if a sentence is overturned, remanded for a new trial, or modified by the Osage Nation Supreme Court;

15. The right to assert individually, or through an attorney or lawful representative, in any trial or appellate Court or before any other authority with jurisdiction over the case and have enforced all the rights enumerated and afforded to the victim by law;

16. Upon request, to protect the personal information of the victim in Court records, if it is determined by the Court to be necessary to protect the victim from harassment or physical harm from the defendant or individuals in close relation to the defendant and if the information is immaterial to the defense and to protect the identity of the victim in sexual assault cases; and

17. The right to a speedy disposition of the charges free from unwarranted delay caused by or at the behest of the defendant or minor.

a. In determining a date for any criminal trial or other necessary criminal or juvenile justice hearing, the Court shall consider the interests of the victim of a crime to a speedy resolution of the charges under the same standards that govern the right to a speedy trial for a defendant or a minor.

b. In ruling on any motion presented on behalf of a defendant or minor to continue a previously established trial or other necessary criminal or juvenile justice hearing, the Court shall inquire into the circumstances requiring the delay and consider the interests of the victim of a crime to a speedy resolution of the case.

c. If a continuance is granted, the Court shall enter into the record the specific reason for the continuance and the procedures taken to avoid further delays.

B. The Attorney General’s Office shall provide all victims with an official request for restitution form.

1. The form is to be completed and signed by the victim and shall include all invoices, bills, receipts, and other evidence of injury, loss of earnings, and out-of-pocket loss.

2. The victim shall provide all documentation and evidence of compensation or reimbursement from insurance companies or agencies of the Osage Nation, any other nation or tribal government, any state, or the federal government received as a direct result of the crime for injury, loss of earnings, or out-of-pocket loss.

3. The unexcused failure or refusal of the victim to provide all or part of the requisite information before the sentencing, unless the Court defers disclosure, shall constitute a waiver of any grounds to appeal or seek future amendment or alteration of the restitution order predicated on the undisclosed available information. ONCA 24-47, eff. Apr. 19, 2024.