5.3Notification of Available Crime Victim Services

A.Notification Requirements Under the CVRA

“Within 24 hours after the initial contact between the victim of a reported crime and the law enforcement agency having the responsibility for investigating that crime, that agency shall give to the victim the following information in writing:

(a) The availability of emergency and medical services, if applicable.

(b) The availability of victim’s compensation benefits and the address of the crime victims compensation board.

(c) The address and telephone number of the prosecuting attorney whom the victim should contact to obtain information about victim’s rights.

(d) The following statements:

‘If you would like to be notified of an arrest in your case or the release of the person arrested, or both, you should call [identify law enforcement agency and telephone number] and inform them.’

‘If you are not notified of an arrest in your case, you may call this law enforcement agency at [the law enforcement agency’s telephone number] for the status of the case.’” MCL 780.753.

See also MCL 780.782, which contains substantially similar language for the investigation of a reported offense in juvenile proceedings, and MCL 780.813(1), which contains substantially similar language for the investigation of a reported serious misdemeanor).

If the defendant is charged with a violation of a local ordinance corresponding to a serious misdemeanor, “the law enforcement agency having responsibility for investigating the serious misdemeanor shall give to the victim the name and business address of the local prosecuting attorney for the political subdivision responsible for prosecuting the case along with the following statement:

‘The defendant in your case will be prosecuted under a local ordinance, rather than a state statute. Nonetheless, you have all the rights and privileges afforded to victims under the state constitution and the state crime victim's rights act.’” MCL 780.813(2).

B.Notification Requirements Under the Sexual Assault Victim’s Access to Justice Act

The Sexual Assault Victim’s Access to Justice Act, MCL 752.951 et seq., requires the investigating law enforcement agency to provide certain information to a sexual assault victim. This section contains a brief discussion on the notification requirements under the Act. For more information on the Sexual Assault Victim’s Access to Justice Act, see the Michigan Department of Health and Human Services, Sexual Assault Victims Access to Justice Act.

“Within 24 hours after the initial contact between a sexual assault victim and the investigating law enforcement agency, that investigating law enforcement agency shall give the sexual assault victim a written copy of, or access to, the following information:

(a) Contact information for a local community-based sexual assault services program, if available.

(b) Notice that he or she can have a sexual assault evidence kit administered and that he or she cannot be billed for this examination as provided in . . . MCL 18.355a.

(c) Notice that he or she may choose to have a sexual assault evidence kit administered without being required to participate in the criminal justice system or cooperate with law enforcement as provided in . . . MCL 18.355a.

(d) Notice of the right to request information under [MCL 752.955] and [MCL 752.956].[1]

(e) Notice of the right to request a personal protection order as provided in . . . MCL 600.2950 [or MCL] 600.2950a.”2 MCL 752.953(1).3

C.Notification Requirements Under the Code of Criminal Procedure for Domestic Violence Incidents

The Code of Criminal Procedure, MCL 764.15c, requires a peace officer to provide a victim with written notice following the intervention or investigation of a domestic violence incident:4

“(1) After investigating or intervening in a domestic violence incident, a peace officer shall provide the victim with a copy of the notice in this section.

(2) The notice under subsection (1) must be written and, subject to subsection (3), must include all of the following:

(a) The name and telephone number of the responding police agency.

(b) The name and badge number of the responding peace officer.

(c) Substantially the following statement:

‘You may obtain a copy of the police incident report for your case by contacting this law enforcement agency at the telephone number provided.

The domestic violence shelter program and other resources in your area are (include local information).

Information about emergency shelter, counseling services, and the legal rights of domestic violence victims is available from these resources.

Your legal rights include the right to go to court and file a petition requesting a personal protection order to protect you or other members of your household from domestic abuse which could include restraining or enjoining the abuser from doing the following:

(a) Entering onto premises.

(b) Assaulting, attacking, beating, molesting, or wounding you.

(c) Threatening to kill or physically injure you or another person.

(d) Removing minor children from you, except as otherwise authorized by a custody or parenting time order issued by a court of competent jurisdiction.

(e) Engaging in stalking behavior.

(f) Purchasing or possessing a firearm.

(g) Interfering with your efforts to remove your children or personal property from premises that are solely owned or leased by the abuser.

(h) Interfering with you at your place of employment or education or engaging in conduct that impairs your employment relationship or your employment or educational environment.

(i) Engaging in any other specific act or conduct that imposes upon or interferes with your personal liberty or that causes a reasonable apprehension of violence.

(j) Having access to information in records concerning any minor child you have with the abuser that would inform the abuser about your address or telephone number, the child’s address or telephone number, or your employment address.

(k) Injuring, killing, torturing, neglecting, removing, or retaining an animal in which you have an ownership interest to cause you mental distress or to exert control over you.

(l) Threatening to injure, kill, torture, or neglect an animal in which you have an ownership interest to cause you mental distress or to exert control over you.

Your legal rights also include the right to go to court and file a motion for an order to show cause and a hearing if the abuser is violating or has violated a personal protection order and has not been arrested.’”

After the development and implementation of the address confidentiality program, which is defined in MCL 780.851–MCL 780.873, and subject to the requirements of MCL 780.869(4),5 the written notice described in MCL 764.15c(2)(c) must also contain a statement substantially similar to the following:

“‘If you change your residence and would like to keep your new address confidential, you may apply to the department of the attorney general for certification as a program participant in the address confidentiality program.’” MCL 764.15c(3).

MCL 764.15c(4) also requires the officer who investigates or intervenes in a domestic violence incident to prepare a standard domestic violence incident report form describing the incident.6

D.Notification Requirements Under the Code of Criminal Procedure for Supportive Services

The Code of Criminal Procedure, MCL 776.21b(1), provides that “[a] police officer or a prosecuting attorney may provide a domestic or sexual violence service provider agency with the name, demographics, and other pertinent information of, and information to facilitate contact with, a victim of domestic or sexual violence for the purpose of offering supportive services to the victim.” “If a police officer or prosecuting attorney provides information to a domestic or sexual violence service provider agency under [MCL 776.21b], that police officer or prosecuting attorney shall notify the victim of domestic or sexual violence that the information was provided.” MCL 776.21b(1).7

“The providing of information by a police officer or prosecutor under [MCL 776.21b(1)] is in addition to any other requirement under law to provide notice or information to a victim of domestic or sexual violence, including, but not limited to, [MCL 780.7538 and MCL 752.9539].” MCL 776.21b(3).

1    MCL 752.955 and MCL 752.956 require the investigating law enforcement agency to provide to the sexual assault victim, at the victim’s request, certain information regarding the status of the case and DNA testing results, “if available and if the disclosure does not impede or compromise an ongoing investigation[.]”

2    For additional information on personal protection orders under MCL 600.2950 and MCL 600.2950a, see the Michigan Judicial Institute’s Domestic Violence Benchbook, Chapter 5.

3    “Beginning not later than September 30, 2015, law enforcement agencies shall provide sexual assault victims with the information required in [MCL 752.953(1)].” MCL 752.953(4).

4    For a detailed discussion of domestic violence in general, see the Michigan Judicial Institute’s Domestic Violence Benchbook.

5   “The department of the attorney general shall develop and implement the [address confidentiality] program not more than 2 years after an appropriation is made to the fund to develop and implement the program.” MCL 780.869(4).

6    See MCL 764.15c(4) for a list of information that must be included in the domestic violence report. MCL 764.15c(5) also requires “[t]he law enforcement agency [to] retain the completed domestic violence report in its files[, and] . . . file a copy of the completed domestic violence report with the prosecuting attorney within 48 hours after the domestic violence incident is reported to the law enforcement agency.”

7   MCL 776.21b “does not authorize the disclosure of a confidential address.” MCL 776.21b(2).

8   See Section 5.3(A) for more information on MCL 780.753.

9   See Section 5.3(B) for more information on MCL 752.953.