Victims' Rights in Kentucky
According to KRS 421.500 victims of crime have the right to be:
VINE System
Kentucky is the first state in the nation to provide an automated, statewide victim notification system, VINE. Through this computerized system, critical information is available about inmates housed in local jails and adult correctional facilities as well as certain juvenile offenders. This information can be accessed 24 hours a day, seven days a week.
Through computer generated telephone calls, all registered persons will be contacted at a predetermined telephone number when an inmate is scheduled for release or if an inmate escapes from custody. In addition to victims, law enforcement agencies and the general public will have access to housing locations and release information through the 24-hour telephone service.
A person requesting to be notified should call the toll-free VINE number (1-800-511-1670) using a touch-tone telephone, to register for notification. The system will begin to call a victim for an established period of time or until the requesting party acknowledges the receipt of the release information.
Victim-Witness Protection
The Victim and Witness Protection Program of the Office of the Attorney General provides funding to the Kentucky State Police, sheriff's offices, and county and city police departments, for protective services provided to crime victims, witnesses and their families. Any Commonwealth's Attorney or County Attorney may apply to the Attorney General for funding for protective services. The person must be at substantial risk of imminent serious physical injury and unable to provide protective services without assistance.
Protective services are limited to:
Utilization of this program is at the discretion of the law enforcement agency handling the case. For more information contact the Crime Victim's Information Line at 1-800-372-2551.
Sex Offender Notification
The 2000 General Assembly expanded Kentucky's version of "Megan's Law" to bring the state into compliance with federal law by expanding the offenses that place an offender on the Sexual Offender Registry. The new law also creates a web site that contains information about released offenders. The Kentucky State Police maintain the site. The address of the web site is http://kspsor.state.ky.us.
The web site contains offender information including name, age, race, sex, date of birth, height, weight, hair and eye color, a photograph, aliases used, residence, a brief description of the crime or crimes committed, and other information the Justice Cabinet determines may be useful in the identification of offenders. The web site will be updated every day except weekends and state holidays. Because the Internet site is so widely available and offender information can be freely shared, the Sheriff is no longer required to give notice to the community when an offender is released from custody.
The expanded law requires the following persons to register on the sex offender registry system: any person eighteen year of age or older at the time of the offense or any youthful offender who has committed or attempted to commit a felony sex crime (including rape, sodomy, sexual abuse, incest, unlawful transaction with a minor); or who has committed, attempted to commit or solicited a criminal offense against a victim who is a minor (including kidnapping (except by a parent); unlawful confinement except by a parent; promoting sexual performance of a minor; promoting prostitution when the defendant advances or profits from the prostitution of a person under the age of eighteen; use of a minor in a sexual performance; sexual abuse; any sexually violent predator and any person convicted of a similar crime in a another state, territory or military court. This law is applicable to those offenders sentenced by a Kentucky court or in a Kentucky detention facility and to those offenders convicted of similar crimes in other states who move to Kentucky after they are released. The offender must register with the local Probation & Parole officer on or before the date of his or her release. Offenders who fail to register or who knowingly provides false registration information may be charged with class D felony. Certain offenders must register for a lifetime, others for a period of 10 years. No registrant may be relieved of their obligation to register unless their conviction is overturned or they receive a pardon.
If a survivor wants to be notified when the offender who assaulted her or him is released from jail or prison, they should register with VINE (1-800-511-1670). This will assure that they are contacted directly when the offender is released. They can subsequently use the offender registry web site to find out information, such as where the offender is living, if they so choose. For more information about the offender registry and the web site, contact the Department of Corrections, 502-564-2024.
Rape Victim Assistance Program
The Rape Victim Assistance Program of the Office of the Attorney General pays for medical collection of forensic evidence. According to KRS 216B.400, if the assault is reported to the police, the Hospital can request payment of the Emergency Room bill, the doctor's fee, the rape kit fee and two blood tests. The victim may be responsible for any additional costs. If the victim has received a bill and has questions they can contact the hospital payment office. For more information, contact the Rape Victim Assistance Program at (502) 573-5910.
Crime Victims' Compensation
Any person who is an innocent victim of a criminal act, including victims of drunk drivers, who has suffered bodily or psychological injury or death, or who has lost earnings or support may apply to the Crime Victims Compensation Board for compensation.
In order to be eligible for benefits:
Forms are available from Women's Crisis Center at 859-491-3335.
Other Rights
The Rape Crisis Centers of Kentucky along with the Kentucky Association of Sexual Assault Programs believe survivors of sexual violence have the: