Neighborhood Victim Notification
Written by Crime Content Coordinator   

Neighborhood associations have victims' rights pursuant to the Neighborhood Protection Act (A.R.S. 13-4401.01). Registered neighborhood associations can assert their rights with regard to certain crimes that have been committed within their neighborhood boundaries.  These crimes include prostitution and drug related offenses, operation of chop shops, discharging weapons at occupied structures and graffiti.  We welcome the involvement of neighborhood associations in our graffiti cases. The statute provides that neighborhood associations may assert their rights in a particular case by contacting law enforcement.  Neighborhood associations trying to assert their rights may run into a little difficulty simply because law enforcement may be unfamiliar with the statute.  This is because neighborhood associations have rarely asserted their rights.  The process should become smoother with use.

The Neighborhood Protection Act gives neighborhoods the following rights:

To be notified of court proceedings;
To be present at court proceedings;
To be heard at sentencing;
To have certain matters reconsidered by the court when victim's rights have been denied.

Once a neighborhood association has asserted its rights, the officer will instruct the representative how to register with VINE so that they can obtain arrest and initial appearance information.  If the case involves a misdemeanor with an adult defendant, the officer will notify the City Prosecutor's Office-Victim Notification Assistance that the neighborhood has asserted it rights.  We will then flag the file so that the neighborhood representative receives notice of court dates etc.

Please feel free to have the neighborhood representative contact me directly for any further assistance (791-4104).

Laura Brynwood
Deputy City Attorney

Instructions to police: The owner of the property should be listed as the victim on the case report for restitution purposes.  When a registered N/A asks to assert their right to Neighborhood Victims' Rights because the crime occurred within its boundaries, you should write a supplement stating that this Neighborhood has asserted its rights and document the name of the NA and the primary contact info., i.e. name, home address/ zip code, work address, home and work phone numbers.  The neighborhood representative should be mailed/given a victim's rights brochure and be told how to register with VINE. A copy of the supplement should be faxed to the City Prosecutor's Office/ Attn: Initial Notification Clerk at 791-5509.

Mike Taylor, Vice President of Midvale Park Neighborhood Association, is working with some of his neighbors on a graffiti case and researched the above information.

Last Updated ( Saturday, 21 November 2009 )
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