D: Managing the Key Transition Period

Policy Statement 23: Victims, Families, and Communities

Prepare family members, victims, and relevant community members for the offender's return to the community, and provide them with protection, counseling, services and support, as needed and appropriate.

Recommendation A: Provide notification and appropriate information to victims concerning the prisoner's release and re-entry process.

For many victims, the first and most important step in preparing for an individual's return to the community is notification about the timing and circumstances of the person's release back into the community. Indeed, as it does at many other points in the criminal justice process, notification provides the basis for victims to receive services, to exercise thoughtfully any other rights they may have to participate in the criminal justice process (in this case, to find out about and attend subsequent parole hearings), and to make decisions concerning their own safety. In some cases, especially when the victim or victims are of minor age or legally dependent on others, notification should be provided to families or other guardians of the victims. These people should be considered among the target population of victim services, and references to victim involvement throughout this policy statement and report presume their inclusion in the case of dependent victims.

Because notification is such an important part of victim involvement in the criminal justice system, a victim ideally should have been advised of his or her right to notification of different stages in the criminal justice process, as well as the consequences of choosing not to request such notification, as long as possible before the prisoner's re-entry. Such notification should be provided even when the exact date of release is not known, but may be imminent (as in the case of some jail detention). If the victim has previously been advised of his or her entitlement to notification about any release dates, appropriate contact information should be readily - though confidentially - available to corrections officials in the individual's institutional file or some other standardized location. It is incumbent on corrections officials to ascertain whether notification of release has been requested, even if that information is not already in the institutional file. What corrections officials learn about the victim's wishes determines the next step in terms of victim notification:

  • If no record of the victim's wishes related to notification is immediately available, corrections officials should reach out to prosecutors, victims service agencies, the courts, or the victim to obtain this information. If the victim has not previously had the opportunity to request notification of all events to which he or she is entitled, he or she should be provided that opportunity before the individual's release. The victim should be fully educated about his or her notification options and any services that may be available to him or her as a victim.
  • If the victim has requested not to be notified of the prisoner's release, that choice should be honored. If a victim has previously indicated no interest in notification, however, but then seeks to opt in to the process, he or she should be notified about the release and educated about other victim-related services just as if he or she had expressed the desire to participate from the beginning of the process.
  • If the victim has requested notification, complete and timely information should be made available to him or her. Victims should be notified of the earliest possible release date of the individual soon after the he or she is incarcerated, and should be told how, why, and to what extent that date might vary. (See Chapter C, Making the Release Decision, for a discussion of variables in the determination of release date). At a minimum, notification should include the date of anticipated release (including updates, if that date changes, up to and including the date of actual release); the general area to which the individual will be released; and the availability of additional counseling and services for the victim.

Corrections officials should also create a system-wide policy establishing how information should be communicated to victims. Ideally, victims should be given information about the individual's re-entry face-to-face, by a trained, victim-sensitive person whom the victim trusts. The person or team who informs the victim of the release date must understand victim issues and be able, when necessary, to make appropriate referrals to clinically qualified counselors, therapists, or other service providers, as suggested in Recommendation b below.

Charging an individual, office, or team with providing services for victims generally is the best way to ensure that the victim will be sensitively notified. Depending on available resources, corrections officials could establish a victim advocacy office within the department of corrections and/or community supervision offices. Alternatively, a correctional facility could contract for these services with a community-based victim advocacy organization or volunteer group. Having an established liaison to victim services would also provide a qualified, clear contact for victims seeking information or support during a person's incarceration or re-entry.

Example: Victim notification process, Office of Victim Services and Restitution, California Department of Corrections

After an individual has been sentenced, the California Department of Corrections' Office of Victim Services and Restitution (OVSR) sends out a written packet to victims, including a form titled "Request for Notification/Special Conditions of Parole," and a brochure that provides information about how the corrections system can serve victims of crime and their family members. The victim's requests become part of the confidential section of the individual's central file at the Department of Corrections and are also forwarded to the prison facility where he or she is serving time. Forty-five days prior to his or her release date, the OVSR sends letters to victims who have requested notification.

Explore the Justice Center’s Websites
CSG Justice Center Criminal Justice / Mental Health Consensus Project Justice Reinvestment National Reentry Resource Center Reentry Policy Council