Title 42, Chapter 1, Section 11
( 42-1-11)
(a) As used in this Code section, the term: (1) "Crime" means an act committed in this state which constitutes
any violation of Chapter 5 of Title 16, relating to crimes against
persons; Chapter 6 of Title 16, relating to sexual offenses;
Article 1 or Article 3 of Chapter 7 of Title 16, relating to
burglary and arson; or Article 1 or Article 2 of Chapter 8 of
Title 16, relating to offenses involving theft and armed robbery. (2) "Crime against the person or sexual offense" means any crime
provided for in Chapter 5 or 6 of Title 16. (3) "Custodial authority" means the commissioner of corrections if
the offender is in the physical custody of the state, or the
sheriff if the offender is incarcerated in a county jail, or the
warden if the offender is incarcerated in a county correctional
institution. (4) "Offender" means a person sentenced to a term of incarceration
in a state or county correctional institution. (b) If the identity of a victim of a crime has been verified by the
prosecuting attorney, who has, at the request of such victim, mailed
a letter to the custodial authority requesting that the victim be
notified of a change in the custodial status of an offender, then
the custodial authority shall make a good faith effort to notify the
victim that the offender is to be released from imprisonment,
including release on extended furlough; transferred to work release;
released by mandatory release upon expiration of sentence; or has
escaped from confinement; or if the offender has died. The good
faith effort to notify the victim must occur prior to the release or
transfer noted in this subsection. For a victim of a felony crime
against the person or sexual offense for which the offender was
sentenced to a term of imprisonment of more than 18 months, the good
faith effort to notify the victim must occur no later than ten days
before the offender's release from imprisonment, transfer to or
release from work release, or as soon thereafter as is practical in
situations involving emergencies. (c) The notice given to a victim of a crime against a person or
sexual offense must include the conditions governing the offender's
release or transfer and either the identity of the corrections agent
or the county officer who will be supervising the offender's release
or a means to identify the agency that will be supervising the
offender's release. The custodial authority complies with this Code
section upon mailing the notice of impending release to the victim
at the address which the victim has most recently provided to the
custodial authority in writing. (d) If an offender escapes from imprisonment or incarceration,
including from release on extended furlough or work release, the
custodial authority shall make all reasonable efforts to notify a
victim who has requested notice of the offender's release under
subsection (b) of this Code section within six hours after
discovering the escape, or as soon thereafter as is practical, and
shall also make reasonable efforts to notify the victim within 24
hours after the offender is apprehended or as soon thereafter as is
practical. In emergencies, telephone notification for the victim
will be attempted and the results documented in the offender's
central file. (e) All identifying information regarding the victim, including the
victim's request and the notice provided by the custodial authority,
shall be confidential and accessible only to the victim. It is the
responsibility of the victim to provide the custodial authority with
a current address. (f) A designated official in the Department of Corrections, the
county correctional facility, and the sheriff's office shall
coordinate the receipt of all victim correspondence and shall
monitor staff responses to requests for such notification from
victims of crime. (g) The custodial authority shall not be liable for a failure to
notify the victim. |