CVRB Documents
CVRB REPORTS & RECOMMENDATIONS
REPORTS & RECOMMENDATIONS ISSUED BY THE CVRB
Protecting Victims' Rights During Temporary COVID-19 Justice Procedures
- Attending court proceedings
- Chapter 950 rights and services eligibility
- Confering with the prosecution
- Notice of proceedings
- Privacy
- Reasonable Protection from the Accused
- Receive disposition information
- Receive written information from district attorney
- Receive written information from law enforcement
- Restitution
- Speedy disposition of the case
- Treatment (dignity, fairness, sensitivity...)
- Witness protection from harm
Right to Attend Court Proceedings in the Case
Statutes: Wis. Stat. §§ 950.04(1v)(b), 950.07
| Case Summary | Date Issued | Issued To | Click to Read |
| Incarcerated victim not transported to attend hearings related to assault committed against him. | Nov-2006 | Prosecutor | CVRB 09 |
| Jailed victim not permitted to attend court proceeding as the father of a crime victim. | Jun-2007 | Sheriff’s Department | CVRB 11 |
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Victim requested in writing to exercise many victim’s rights. Prosecutor entered into a deferred prosecution agreement prior to initial hearing and victim was not given an opportunity to confer or notice to attend the court hearing on the matter. |
May-2014 | Prosecutor | CVRB 29 |
Right to receive chapter 950 rights and services
Statutes: Wis. Stat. §§ 950.08(3), 950.04(1v)(zx)
| Case Summary | Date Issued | Issued To | Click to Read |
| Complainant not permitted to access DOJ informal complaint process. | Jul-2007 | WI Dept. of Justice | CVRB 12 |
Right to Confer
Statute: Wis. Stat. § 950.04(1v)(j)
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Case Summary |
Date Issued |
Issued To |
Click to Read |
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Prosecutor did not confer with victim, was unaware of victim’s wishes. |
Aug-2005 |
Prosecutor |
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Victim wished to confer but was confused about how to request and exercise the right to confer. |
Jul-2008 |
Prosecutor |
Notice of proceedings
Right to notice of hearing and court proceedings
Statute: Wis. Stat. § 950.04(1v)(g)
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Case Summary |
Date Issued |
Issued To |
Click to Read |
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Victim of assault did not receive notice of sentencing hearing when a pretrial conference abruptly changed to a plea and sentencing proceeding. Proceedings commenced without waiting for the victims’ rights request form to be returned by the victim. |
Aug-2005 |
Prosecutor |
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Complainant was assaulted while incarcerated and requested notice of all hearings and proceedings related to his assault; notice of the plea and sentencing hearing was not provided. |
Nov-2006 |
Prosecutor |
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Victim of domestic violence did not receive notice of hearings from the DA’s office and relied instead on information provided by the offender’s defense attorney. |
Nov-2011 | Prosecutor | CVRB 25 |
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Victim requested in writing to exercise many victim’s rights. Prosecutor entered into a deferred prosecution agreement prior to initial hearing and victim was not given an opportunity to confer or notice to attend the court hearing on the matter. |
May-2014 | Prosecutor | CVRB 29 |
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Victim requested notice of sentencing hearing and to make a victim impact statement at sentencing hearing. The victim was given the wrong date did not appear at the hearing. When the victim did not appear, the prosecutor did not make reasonable attempts to provide the victim with notice of the hearing. |
Dec-2016 | Prosecutor | CVRB 32 |
| Victim did not receive notice of a hearing to vacate a restitution order 22 years after the crime. | Apr-2019 | Prosecutor | CVRB 35 |
Privacy
Statutes: Wis. Stat. § 950.04(1v)(ag),950.04(1v)(dr)
Wis. Const. Article 1, sec. 9m, (2)(a)
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Case Summary |
Date Issued |
Issued To |
Click to Read |
|
Public employee violated victim's right to s. 950.04(1v)(dr) when she disclosed for unofficial purposes the name of a domestic violence victim and the fact that she filed papers with the courthouse in which the employee worked. |
Sept-2015 |
Public Officials, Public Agencies, Public Employees |
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| Public official violated the victim's right to respect for her privacy by sharing case information, including personal and sensitive information about the victim, with a community advocacy organization with the intent to inform advocates about the case should the victim seek services. The victim was extremely distressed by the disclosure of this information which she did not want shared in her community. | Oct-2019 | Public Officials, Public Agencies, Public Employees | CVRB 36 |
| Law enforcement officer violated a sexual assault victim's right to privacy and respect for her privacy by sharing information about her involvement in an unrelated law enforcement contact. This information was shared with other reporting victims in a disparaging context to call into question her credibility and the strength of her case. | April-2023 | Law Enforcement Agency | CVRB 39 |
Right to Reasonable Protection from the Accused
Wisconsin Constitution: Article I, Section 9m
| Case Summary | Date Issued | Issued To | Click to Read |
| Clerk of Court policies led directly to a victim's married name being discoverable on a public website. (Victim's assailant previously only knew her by her maiden name.) | Mar-2019 | Elected Clerk of Court | CVRB 34 |
| Victim put in proximity to the offender while both in custody. | Jan-2020 | County Jail Administrator | CVRB 37 |
Right to receive information about the disposition of the case
Statute: Wis. Stat. § 950.04(1v)(zm)
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Case Summary |
Date Issued |
Issued To |
Click to Read |
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Prosecutor denied requests from victim of felony hit and run for information about the terms of the offender’s deferred prosecution agreement. |
Aug-2008 |
Prosecutor |
Right to receive written information from the District Attorney about rights and how to exercise rights
Statute: Wis. Stat. §§ 950.04(1v)(u), 950.08(2r)
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Case Summary |
Date Issued |
Issued To |
Click to Read |
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Victims of a hit and run did not receive information about their case and rights and were unable to provide information to the court. |
Nov-2010 |
Prosecutor |
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Victim of domestic violence had initial contact with case as a witness. When that status changed from witness to victim, the office did not provide required rights’ information. |
Nov-2011 |
Prosecutor |
Right to receive written information from Law Enforcement
Statutes: Wis. Stat. §§ 950.04(1v)(t), 950.08(2g)
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Case Summary |
Date Issued |
Issued To |
Click to Read |
| Law enforcement agency erroneously believed notice of rights was provided by district attorney's victim witness office and did not have a policy for providing the required written notice. | July 2021 | Police Department | CVRB 38 |
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SPECIAL REPORT: Duty of Law Enforcement to Provide Specific Written Information Within 24 hours of Contact |
2017 |
Law Enforcement |
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Victim was not given the required written information and requests for information were ignored. |
Jul-2012 |
Sheriff Dept. |
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Complainant was not given victims’ rights information from the law enforcement agency investigating the sexual assault of complainant’s child. The agency did not have the required written information to give victims and used instead a local victim service brochure which did not comply with the statutory requirements. |
Nov-2007 | Police Dept. | CVRB 13 |
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Complainant was incarcerated when child died as a result of neglect by the child’s guardians. Complainant was not given victims’ rights information by law enforcement when contacted about the crime. |
Dec-2006 | Police Dept. | CVRB 10 |
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Victim alleged the required written information was not provided. |
Oct-2004 | Police Dept. | CVRB 04 |
Right to Restitution
Wisconsin Constitution, Article 1, § 9m(2)(m)
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Case Summary |
Date Issued |
Issued To |
Click to Read |
| This report was issued in response to two complaints filed against the Department of Corrections alleging DOC violated the complainants' right to be provided with assistance collecting restitution pursuant to Wis. Const., art. I, sec. 9m(2)((m). | July 2023 | WI Dept. of Corrections | CVRB 40 |
Right to a speedy disposition of the case
Statute: Wis. Stat. § 950.04(1v)(k)
|
Case Summary |
Date Issued |
Issued To |
Click to Read |
| SPECIAL REPORT: Speedy Disposition for Crime Victims | 2010 | Public Officials | CVRB 21 |
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Charging decision in theft case delayed 8 months. |
Aug-2003 | Prosecutor | CVRB 03 |
| Charging decision in child sexual assault case delayed approximately 8 months. | Aug-2006 |
Prosecutor Victim-Witness |
CVRB 07 |
| Charging decision in assault case delayed 13 months. | Mar-2008 | Prosecutor | CVRB 14 |
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Disposition of vehicular homicide case delayed approximately four years; 14-month delay caused by military deployment of defendant. |
Mar-2009 | Prosecutor, Judge | CVRB 16 |
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2 year delay to notify parents of a charging decision related to a car accident in which their child was killed. |
Jul-2009 | Prosecutor | CVRB 19 |
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Charging decision in child sexual assault case delayed 19 months. |
Sep-2009 | Prosecutor | CVRB 20 |
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Investigation of child sexual assault case delayed 38 months. |
Apr-2011 | Detective | CVRB 22 |
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Charging decision in theft case delayed 3 years. |
Jan-2013 | Prosecutor | CVRB 24 |
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Charging decision in child sexual assault case delayed 10 months. |
Jul-2013 | Prosecutor | CVRB 27 |
Treatment Issues
Statutes: Wis. Stat. § 950.04(1v)(ag)
Wis. Const. Article 1, sec. 9m, (2)(a)
| Case Summary | Date Issued | Issued To | Click to Read |
| Law enforcement officer made disparaging remarks about a sexual assault victim's credibility when interviewing other reporting victims. | April-2023 | Law Enforcement Agency | CVRB 38 |
Witness' right to protection from harm arising from cooperation with Law Enforcement & Prosecution Efforts
Statute: Wis. Stat. § 950.04(2w)(c)
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Case Summary |
Date Issued |
Issued To |
Click to Read |
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A witness to protection order violations alleged the right to protection was violated when law enforcement minimized and did not follow up on the witness’s reports. |
Apr-2006 | Law Enforcement | CVRB 08 |