19.2-11.4 - Establishment of victim-offender reconciliation program. - Virginia Statutes

§ 19.2-11.4. Establishment of victim-offender reconciliation program.

A. Any Crime Victim and Witness Assistance Program may establish avictim-offender reconciliation program to provide an opportunity afterconviction for a victim, at his request and upon the subsequent agreement ofthe offender, to:

1. Meet with the offender in a safe, controlled environment in accordancewith the policies established pursuant to subsection B of § 53.1-30;

2. Give to the offender, either orally or in writing, a summary of thefinancial, emotional, and physical effects of the offense on the victim orthe victim's family; and

3. Discuss a proposed restitution agreement which may be submitted forconsideration by the sentencing court for damages incurred by the victim as aresult of the offense.

B. If the victim chooses to participate in a victim-offender reconciliationprogram under this section, the victim shall execute a waiver releasing theCrime Victim and Witness Assistance Program, attorney for the offender andthe attorney for the Commonwealth from civil and criminal liability foractions taken by the victim or offender as a result of participation by thevictim or the offender in a victim-offender reconciliation program.

C. A victim shall not be required to participate in a victim-offenderreconciliation program under this section.

D. The failure of any person to participate in a reconciliation programpursuant to this section shall not be used directly or indirectly atsentencing.

(1995, c. 628; 2010, c. 844.)