No. Nothing in the amendment applies to such proceedings, and the sponsors and even the victim organizations have not attempted to include such proceedings within the purview of the amendment.

The language of the proposed amendment provides rights "at a public parole proceeding, or at a non-public parole proceeding to the extent they are afforded to the convicted offender."

The rights in the proposed amendment only apply where a prosecution is brought. If the violence is dealt with internally, there would be no constitutional rights to the inmate/victim. If the inmate/perpetrator is formally charged with an offense, many, but not all. of the rights would probably apply. The principle rights in the amendment are the following:

Right to notice: inmate/victims would probably have the right to be notified of proceedings and other information, such as the escape or release of the inmate/offender. This notice would likely come from the prosecutor or court -- whichever agency would ordinarily bear the burden of notifying victims.

Right to attend: the right to attend proceedings would probably not apply to victims who were incarcerated. The current draft of the language allows states to create exceptions for compelling circumstances. The potential for violence and/or escape, for general disruption in security, has been sufficient grounds already for many states to enact an exception to their own victims’ right to attend proceedings where the victim is incarcerated. So it is likely inmate/victims would not have the right to attend proceedings.

Right to be heard: the right to be heard applies only if the victim is present at the proceeding; if the victim is not present, the victim has a right to submit a statement. Since inmate/victims would likely not have the right to attend proceedings, their right to be heard would be limited to the right to file a written statement.

Convicted defendants would not be able to use the victims’ rights to demand transportation to their own parole or other proceedings; language in the amendment provides that nothing in the amendment provides grounds for the convicted offender to obtain any form of relief.

Inmate/victims will probably be excepted from the right to attend parole proceedings in the implementing legislation (see above discussion), just as they are now currently excepted in some of the state implementing legislation regarding the right to attend.

No. The victim’s right to attend parole proceedings - a right that exists in many state constitutions and statutes — has never been interpreted to include a requirement that the government provide transportation.

In the long run, the advent of technology will help to alleviate the necessity for victims to be physically present at a corrections facility in order to exercise their rights at a parole hearing. Closed circuit television, videotaped impact statements, and other means are already being used in some jurisdictions to provide victims an alternative to traveling long distances in order to participate in parole proceedings. They could also be used to enable victims to "attend" proceedings from a remote site, were security is an issue.

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