Frequently Asked Questions
- Who is a victim?
- Who is a Lawful Representative?
- How am I notified about release?
- (Post-Conviction Notification Request Form)
- Can I receive notification if I'm not a victim?
- What are the different types of release?
- Where can I find information on hearings?
- What is the difference between prison and jail?
- What is a protective order?
- What is restitution?
- A person against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person's spouse, parent, child or other lawful representative.
- Includes a corporation, partnership, association, or other legal entity.
- Neighborhood associations.
- If the person is killed or incapacitated, the person's spouse, parent, child, sibling, or any other person related to the person be consanguinity or affinity to the second degree or any other lawful representative.
- This all applies EXCEPT if the person or lawful representative is in custody for an offense or is the accused.
- Pursuant to ARS § 13-4401
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, ADC Victim Services will provide the following services:
- Written or telephonic acknowledgement of the receipt of the PCNR.
- Offender's release notification:
- Written and phone notification at least 15 days prior to release.
- Phone notification the day of release.
- If the offender absconds:
- Written and phone notification of escape and re-arrest.
- In the event of the death of the offender.
- Written and phone notification.
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, ADC 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 ADC Victim Services or we cannot notify of important activity:
To request a Status Change form, please call 1-866-787-7233 or
Please send completed form to:
Arizona Department of Corrections
Office of Victim Services
1601 W. Jefferson MC 250
Phoenix, AZ 85007
Email: [email protected]
Fax: (602) 364-0459
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:
- County Prosecutor’s Office
- Arizona Attorney General’s Office
- Arizona Department of Corrections
- County Adult Probation Department
- County Sheriff’s Office
- Arizona Board of Executive Clemency
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 release-type form. Any other questions about release types can be directed to the Office of Victim Services. ADC 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:
- Original Trial Court
- State Court of Appeals
- State Supreme Court
- Federal Court of Appeals OR
- United States Supreme Court
BOARD OF EXECUTIVE CLEMENCY HEARINGS
Parole hearings: ONLY for inmates who have committed offenses prior to January 1994. Parole hearings may include consideration for:
- Home Arrest
- Work Furlough
- Absolute Discharge
Commutation Hearings: Eligible inmates may apply for commutation, which is comprised of two phases that may result in:
- Pardon, and/or
- Reprieve of sentence.
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.
JAIL: County facility managed by the county sheriff. It's generally used to house defendants leading up to resolution/trial and sentencing. Jail can also be required as part of a sentence, imposing as a term of probation for both misdemeanor and felony offenses.
PRISON: State facility monitored by the Arizona Department of Corrections. It is strictly used to house defendants after they have been sentenced in felony cases (misdemeanors do not carry prison as a possible punishment).
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, 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
- Once the inmate is served, the order is effective for 1 year. ARS13-3602.(K); ARS12-1809(J)
- The order must be served on the inmate within 1 year from the date the order is signed or it will expire. ARS13-3602.(K); ARS12-1809(J)
- The inmate must have committed an act of domestic violence or harassment within the last year (a longer period may be considered). HOWEVER, any time that the inmate has been incarcerated or out of state does not count toward this year. ARS13-3602.(E)(2) & (F); ARS12-1809(E)
- The victim or survivor may chose to keep his/her address “protected,” which means that the address(es) do not appear on the order that the inmate receives when served. ARS13-3602.(C)(1); ARS12-1809(C)(1)
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:
- Spouse/former spouse,
- Roommate/former roommate,
- Father/mother of child or unborn child,
- Parent, grandparent, brother, sister, child or grandchild;
- Parent-in-law, grandparent-in-law, brother-in-law, sister-in-law;
- Step-parent, step-grandparent, step-child, step-grandchild; or
- Someone you were involved with in either a romantic or sexual relationship.
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:
- Restitution must be court ordered. The ADC automatically deducts monies from the offender while he/she is incarcerated. You can contact Victim Services to see if this service has been set up.
- Typically, the Clerk of Court will not send a restitution check to the victim until it reaches a certain amount, which is determined by the county.
- Some offenders have several victims, between whom the restitution is divided.
- Once restitution has been ordered, the victim can file a restitution lien. There are both advantages and disadvantages to filing a lien. If you would like further information in order to decide if a lien is right for you, please contact Office of Victims Services
- Restitution Lien - (ARS 13-806)
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.
- Provides financial assistance to crime victims.
- Covers expenses of physical harm, mental distress, and/or economic loss from victimization.
- Please note Victim Compensation does not require the apprehension or conviction of offender.
Who is eligible to apply?
- A victim of a crime as defined by Arizona Law.
- Family member of a victim.
- Witnesses to a crime.
- Person who assumes financial obligation for victim’s crime related expense.
- A resident of Maricopa County victimized in another county without a compensation program.
- The crime occurred in Maricopa County or another county with compensation.
- The victim suffered economic loss not covered by “collateral source”.
- The crime had to have been reported to police within 72 after it happened*.
- The victim cooperated with law enforcement/prosecution*.
- The application has to be sent in within 2 years of the crime occurring*.
- * “Good cause exception” allows for exceptions to time limits in certain circumstances.
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.
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ADC OFFICE OF VICTIM SERVICES
1645 West Jefferson MC250
Phoenix, AZ 85007
1-866-787-7233 | 602-542-1853