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appendix four

state statutes

Nevada (§484)

The judge or judges in each judicial district shall cause the preparation and maintenance of a list of the panels of persons who (a) have been injured or had members of their families or close friends injured or killed by persons driving under the influence of an intoxicating liquor or a controlled substance; and (b) have, by contacting the judge or judges in the district, expressed their willingness to discuss collectively the personal effect of those crimes. The list must include the name and telephone number of the person to be contacted regarding each such panel and a schedule of times and locations of the meetings of each such panel. The judge or judges shall establish, in cooperation with representatives of the members of the panels, a fee, if any, to be paid by defendants who are ordered to attend a meeting of the panel. The amount of the fee, if any, must be reasonable. The panel may not be operated for profit.

Except as otherwise provided in this subsection, if a defendant pleads or is found guilty of any violation of NRS 484.379 or 484.3795, the court shall, in addition to imposing any other penalties provided by law, order the defendant to: (a) attend, at the defendant's expense, a meeting of a panel of persons who have been injured or had members of their families or close friends injured or killed by persons driving under the influence of an intoxicating liquor or a controlled substance, in order to understand the effect such a crime has on other persons; and (b) pay the fee, if any, established by the court pursuant to subsection 1. The court may, but is not required to, order the defendant to attend such a meeting if one is not available within 60 miles of the defendant's residence.

A person ordered to attend the meeting pursuant to subsection 2 shall, after attending the meeting, present evidence or other documentation satisfactory to the court that he attended the meeting and remained for its entirety.

 

New York (Vehicle and Traffic Law §1193[f])

Where the court imposes a sentence for a violation of section 1192 of this article, the court may require the defendant, as part of or as a condition of such sentence, to attend a single session conducted by a victim impact program. For purposes of this section, "victim impact program" means a program operated by a county, a city with a population of one million or more, by a not-for-profit organization authorized by any such county or city, or a combination thereof, in which presentations are made concerning the impact of operating a motor vehicle while under the influence of alcohol or drugs, to one or more persons who have been convicted of such offenses. A description of any such program shall be filed with the commissioner and with the coordinator of the special traffic options program for driving while intoxicated established pursuant to section 1197 of this article, and shall be made available to the court upon request. Nothing contained herein shall be construed to require any governmental entity to create such a victim impact program.

 

Oregon (§813.020[3])

In a county that has a victim impact program, a court may require as a condition of a driving while under the influence of intoxicants diversion treatment that the defendant attend a "Victim Impact" treatment session. If the court requires attendance under this section, the court may require the defendant, as part of the diversion agreement, to pay a reasonable fee to the Victim Impact Program to offset the cost of the defendant's participation.

 

summary of additional statutes

 

Connecticut (§42-4-1202[4][f])

A DWI offender may be sentenced to attend a Victim Impact Panel for which they may be assessed a fee of not more than $25.

 

Indiana (§ IC9-30-14 and IC9-30-14-3 [3])

A court may order a DWI offender to participate in programs with DWI victims. An offender may also be ordered to visit emergency care facilities, coroner facilities or alcoholism treatment centers.

 

Oklahoma (22 § 991a(A) 5 and 47 § 11-902(I)

The court may order a defendant to participate in a Victim Impact Panel program. Also has mandatory Victim Impact attendance for youth.

 

Washington (§ 46.61.5152)

A person convicted of a DWI offense may be required to attend an educational program that focuses on the emotional, physical and financial suffering of DWI victims.

 

Wisconsin (§§ 343.30 [1q][d] and [2I])

Judges may order Victim Impact Panel attendance.

 

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