75E-6-304. Complaint of violation of a victim right -- Criminal justice agency policy about complaints.
(1)
(a) A victim may submit a complaint to the commission if the complaint alleges a violation of the victim's right.
(b) Notwithstanding Subsection (1)(a), a victim may not submit a complaint if the complaint alleges substantially the same facts that were raised in a prior complaint.
(2) The coordinator shall notify the victim of the receipt of the complaint within 30 days after the day on which the coordinator receives the complaint.
(3)
(a) The coordinator may dismiss a complaint from a victim if the complaint does not comply with the requirements for a complaint as described in Subsection (1).
(b) If the coordinator dismisses a complaint under Subsection (3)(a), the coordinator shall notify the victim within 30 days after the day on which the coordinator receives the complaint.
(4)
(a) If a complaint is not dismissed under Subsection (3), the coordinator shall:
(i) subject to Subsection (4)(b), send a copy of the complaint to the subject of the complaint and the subject's employer;
(ii) notify the victim and the subject of the complaint that:
(A) the complaint will be considered as soon as practicable by the committee; and
(B) the victim or the subject of the complaint may attend the committee meeting at which the complaint will be discussed and submit additional information for the committee's consideration; and
(iii) schedule a meeting for the appropriate committee to review the complaint.
(b) If the subject of a complaint is a judge or court employee, the coordinator shall send a copy of the complaint to the state court administrator described in Section 78A-2-105 or the state court administrator's designee.
(5) The committee shall review a complaint as soon as practicable to determine if a violation of a victim's right has occurred.
(6)
(a) Upon receiving a complaint, the committee may:
(i) consider any relevant information;
(ii) request information from:
(A) the victim, or a representative of the victim, who submitted the complaint;
(B) the subject of the complaint;
(C) a criminal justice agency; or
(D) any other person that may have information related to the complaint; and
(iii) make findings as to whether there has been a violation of a victim's right.
(b) The committee may request records from a governmental entity as described in Section 63G-2-206.
(7) If a criminal justice agency investigates a complaint regarding a violation of a victim's rights and the committee receives a complaint about the same violation, the criminal justice agency shall provide the criminal justice agency's investigative findings related to the complaint to the committee.
(8)
(a) If the committee finds that the subject of a complaint did not violate a victim's right:
(i) the committee shall send a letter to the victim, or the representative of the victim, that:
(A) states the findings of the committee;
(B) explains that the committee may only address a violation of a victim's right; and
(C) describes any resources that may be available to the victim or the representative of the victim; and
(ii) subject to Subsection (10), the committee may send a letter to the subject of the complaint and the subject's employer that states the findings of the committee.
(b) The committee may include recommendations in the letter described in Subsection (8)(a)(ii) to ensure a better response by the subject and the subject's employer to a victim exercising the victim's right.
(9)
(a) If the committee finds that the subject of the complaint violated a victim's right, the committee shall send a letter to:
(i) the victim, or the representative of the victim, that:
(A) states the findings of the committee;
(B) informs the victim, or the representative of the victim, of the victim's right and any remedy available to the victim;
(C) refers the victim, or the representative of the victim, to other resources in the community; and
(D) informs the victim, or the representative of the victim, of any other person that has authority to receive a complaint regarding a violation of a victim's right; and
(ii) subject to Subsection (10), the subject of the complaint and the subject's employer that states the findings of the committee.
(b) The committee may include recommendations in the letter described in Subsection (9)(a)(ii) to ensure a better response by the subject and the subject's employer to a victim exercising the victim's right.
(10) If the subject of a complaint is a judge or court employee, the committee shall send a letter described in Subsection (8) or (9) to the state court administrator described in Section 78A-2-105 or the state court administrator's designee.
(11) The committee shall send a letter described in Subsection (8), (9), or (10) within 30 days after the day on which the committee makes a finding.
(12) A criminal justice agency shall:
(a) establish a policy for addressing a complaint alleging a violation of a victim's right; and
(b) upon request, provide a copy of the policy to the coordinator.
Renumbered and Amended by Chapter 291, 2026 General Session
