CHAPTER 28-1
GENERAL PROVISIONS

28-1-1 Short Title.

This Title shall be known as the “Prairie Band Potawatomi Nation Victims’ Rights Code.”

28-1-2 Purpose, Scope.

(A)    The purpose of this Title is to ensure fair and compassionate treatment of victims of crime and to increase the effectiveness of the Prairie Band Potawatomi Nation criminal justice system by affording victims of crime and their families certain basic rights.

(B)    Providing rights for the victims of crime helps to heal the tribal community by ensuring that all persons are worthy of respect and dignity.

(C)    This Title shall apply to all victims of crime as defined by Tribal law.

(D)    Nothing in this Title shall be construed as creating a cause of action against the Prairie Band Potawatomi Nation or any of its agencies, instrumentalities, or employees.

28-1-3 Definitions.

(A)    As used in this Title, “victim” means any person who suffers direct or threatened physical, emotional, or financial harm as the result of the commission or attempted commission of a crime against such person.

(B)    “Public Hearing” means any court proceeding or administrative hearing which is open to the public and in any proceeding under the Juvenile Offender Code, and shall include but not be limited to the:

(1)    Preliminary hearing

(2)    Trial

(3)    Sentencing

(4)    Sentencing modification

(5)    Granting of probation by a judge

(C)    “Victim’s family” means a spouse, surviving spouse, children, parents, legal guardian, siblings, and stepparents.

28-1-4 Victims’ Rights.

(A)    Victims, or if a victim is a minor or is physically or mentally impaired and cannot exercise the rights under this Chapter, their designee, shall have the following rights:

(1)    To be informed of any public hearing concerning the accused or the convicted person.

(2)    To be present at any public hearing concerning the accused or the convicted person.

(3)    To be heard at sentencing and at any time deemed appropriate by the District Court.

(B)    Costs of transportation for the victim to appear shall be paid by the victim unless the appearance of the victim is required by subpoena or another order of the District Court.