Title 16, Chapter 5, Section 93
( 16-5-93)
(a) The victim of stalking or aggravated stalking shall be entitled
to notice of the release from custody of the person arrested for and
charged with the offense of stalking or aggravated stalking and to
notice of any hearing on the issue of bail for such person. No such
notice shall be required unless the victim provides a landline
telephone number other than a pocket pager or electronic
communication device number to which such notice can be directed. (b) The law enforcement agency, prosecutor, or court directly
involved with the victim at the outset of a criminal prosecution for
the offense of stalking or aggravated stalking shall advise the
victim of his or her right to notice and of the requirement of the
victim's providing a landline telephone number other than a pocket
pager or electronic communication device number to which the notice
of custodial release or bail hearing can be directed. Such victim
shall transmit the telephone number described in this subsection to
the court and custodian of the person charged with stalking or
aggravated stalking. (c) Upon receipt of the telephone number, the custodian of the
person charged with stalking or aggravated stalking shall take
reasonable and necessary steps under the circumstances to notify the
victim of the person's release from custody. Such notice shall, at
a minimum, include: (1) Prior to the person's release, placing a telephone call to the
number provided by the victim and giving notice to the victim or
any person answering the telephone who appears to be sui juris or
by leaving an appropriate message on a telephone answering
machine; and (2) Following the person's release, if the custodian is unable to
notify the victim by the method provided in paragraph (1) of this
subsection, telephoning the number provided by the victim no less
than two times in no less than 15 minute intervals within one hour
of custodial release and giving notice to the victim or to any
person answering the telephone who appears to be sui juris or by
leaving an appropriate message on a telephone answering machine. (d) Upon receipt of the telephone number, the court conducting a
hearing on the issue of bail shall take reasonable and necessary
steps under the circumstances to notify the victim of any scheduled
hearing on the issue of bail. Such notice shall, at a minimum,
include placing a telephone call to the number provided by the
victim prior to any scheduled hearing on the issue of bail. (e) Notwithstanding any other provision of this Code section, a
scheduled bail hearing or the release of the person charged with
stalking or aggravated stalking shall not be delayed solely for the
purpose of effectuating notice pursuant to this Code section for a
period of more than 30 minutes. (f) Upon the person's release or escape from custody after conviction and service of all or a portion of a sentence, notification to the victim shall be provided by the State Board of Pardons and Paroles as set forth in Code Sections 42-9-46 and 42-9-47. (g) This Code section shall not apply to a custodian who is transferring a person charged with stalking or aggravated stalking to another custodian in this state. (h) As used in this Code section, the term "custodian" means a
warden, sheriff, jailer, deputy sheriff, police officer, officer or
employee of the Department of Juvenile Justice, or any other law
enforcement officer having actual custody of an inmate. (i) A custodian or his or her employing agency shall not be liable
in damages for a failure to provide the notice required by this Code
section, but the custodian shall be subject to appropriate
disciplinary action including termination for such failure. |