| North
Carolina Megan's
Law and Victim's Rights
The right to be informed
The right as prescribed by law to be informed of
and to be present at court proceedings of the accused
(b) The right as
prescribed by law to be given information about the crime, how the criminal
justice system works, the rights of victims, and the availability of services
for victims.
(c) The right as prescribed by law to receive information about
the conviction or final disposition and sentence of the accused.
(d) The
right as prescribed by law to receive notification of escape, release, proposed
parole or pardon of the accused, or notice of a reprieve or commutation of the
accused's sentence.
The right to be present
(a) The right as prescribed by law to be present
at court proceedings of the accused
The right to be heard
The right to be heard at sentencing of the accused
in a manner prescribed by law, and at other times as prescribed by law or deemed
appropriate by the court.
The right as prescribed by law to present their
views and concerns to the Governor or agency considering any action that could
result in the release of the accused, prior to such action becoming
effective.
The right as prescribed by law to confer with the prosecution.
Please refer to the State of Amendment for further information regarding the
victims' rights.
Carolina Constitutionally Guarantees the Following Rights to Its Victims
of Crime:
(1) Basic Rights. Victims of crime, as prescribed by law, shall be entitled
to the following basic rights:
(a) The right as prescribed by law to be
informed of and to be present at court proceedings of the accused.
(b) The
right to be heard at sentencing of the accused in a manner prescribed by law,
and at other times as prescribed by law or deemed appropriate by the court.
(c) The right as prescribed by law to receive restitution.
(d) The right
as prescribed by law to be given information about the crime, how the criminal
justice system works, the rights of victims, and the availability of services
for victims.
(e) The right as prescribed by law to receive information about
the conviction or final disposition and sentence of the accused.
(f) The
right as prescribed by law to receive notification of escape, release, proposed
parole or pardon of the accused, or notice of a reprieve or commutation of the
accused's sentence.
(g) The right as prescribed by law to present their
views and concerns to the Governor or agency considering any action that could
result in the release of the accused, prior to such action becoming effective.
(h) The right as prescribed by law to confer with the prosecution.
(2) No money damages; other enforcement. Nothing in this section shall be
construed as creating a claim of money damages against the State, a county, a
municipality, or any of the agencies, instrumentalities, or employees thereof.
The General Assembly may provide for other remedies to ensure adequate
enforcement of this section.
(3) No ground for relief in criminal case. The failure of inability of any
person to provide a right or service provided under this section may not be used
by a defendant in a criminal case, an inmate, or any other accused as a ground
for relief in any trial, appeal, post-conviction litigation, habeas corpus,
civil action, or any similar criminal or civil proceeding.
| Contact Person: |
Shirley Sanchez or Don Roberts, Division of Criminal Statistics (919)
662-6248. |
| Offenders Required to Register: |
The registration provisions of North Carolina's law are applicable to
persons convicted on or after January 1, 1996 of a reportable offense or who
have been released from a penal institution on or after January 1, 1996 for a
reportable offense. |
| Information Collected: |
The person's full name, each alias, date of birth, sex, race, height,
weight, eye color, hair color, drivers license number, and home address; the
type of offense for which the person was convicted, the date of conviction, and
the sentence imposed; a current photograph; and the person's
fingerprints. |
| Administrating Agency: |
Division of Criminal Statistics (maintains database), county sheriff
(obtains registrations). |
| Timeframe for Registration: |
Within 10 days of release, arrival in a county, change of residency,
immediately upon conviction if not incarcerated. |
| Applies to Out of State Offenders: |
Yes, for substantially equivalent offenses. |
| Duration of Requirement: |
10 years. Every year for sex offenders; every 90 days for
predators. |
| Verification of Address: |
Annually. |
| Penalties for Non-Compliance: |
Failure to verify address, failure to change address, failure to register or
if information is forged or falsified,; all are Class F felonies and carry a
penalty. |
| Access to Information: |
The DCI will provide free public access to automated data from the statewide
registry, including a photograph provided by the registering sheriff via the
Internet. The public will be able to access the statewide registry to view an
individual registration record, a part of the statewide registry, or all of the
statewide registry. The DCI will also provide copies of registry information to
the public upon written request and may charge a reasonable fee for duplicating
costs and mailing costs. |
| Confidentiality Provision: |
No |
| Number Registered: |
5,915 as of 7/30/02 |
| Percent Compliance: |
91% |
| Internet Access: |
http://sbi.jus.state.nc.us/DOJHAHT/SOR/default.htm |
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