Policy Text
Policy
318Buena Park Police Department
Buena Park PD Policy Manual
Copyright Lexipol, LLC 2024/09/24, All Rights Reserved.
Published with permission by Buena Park Police DepartmentVictim and Witness Assistance - 1Victim and Witness Assistance
318.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that crime victims and witnesses receive appropriate
assistance, that they are provided with information from government and private resources, and
that the agency meets all related legal mandates.
318.1.1 ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 55.1.1, 55.1.2, 55.2.1, 55.2.2, 55.2.3,
55.2.4, 55.2.5
318.2 POLICY
The Buena Park Police Department is committed to providing guidance and assistance to the
victims and witnesses of crime. The members of the Buena Park Police Department will show
compassion and understanding for victims and witnesses and will make reasonable efforts to
provide the support and information identified in this policy.
318.2.1 ADVISEMENT RESPONSIBILITY
Every employee reporting or investigating a crime in which a victim has suffered direct or
threatened physical, psychological, or financial harm as a result of the commission or attempted
commission of a crime or delinquent act will ensure the victim has been provided with information
about the existence of local victim centers. This may be accomplished by providing the victim the
Marsy's Card handout with the case report number noted on the card (Penal Code § 679.026).
Employees should never guarantee a victim's safety from future harm, but may make practical
safety suggestions to victims who express fear of future harm or retaliation. Employees should
never guarantee that a person qualifies as a victim for the purpose of compensation or restitution,
but may direct him/her to the proper written Department material or available victim resources.
When appropriate, employees should advise the victim of the availability of the Victim Information
and Notification Everyday (VINE) program. VINE is a free, computer-based telephone service
that allows victims to check on an offender's custody status and register to receive automatic
notification when an inmate is released from jail.
318.2.2 REPORTING OFFICER RESPONSIBILITY
It shall be the reporting officer's primary responsibility to make the required advisement. The officer
shall not attempt advisement when it would add to the grief and suffering of victim or dependent;
rather, the reporting officer shall wait to make the advisement at a time and place when the
victim is able to understand and appreciate its meaning. If the reporting officer does not make the
advisement, s/he shall note this fact in the case report.
Buena Park Police Department
Buena Park PD Policy Manual
Victim and Witness Assistance
Copyright Lexipol, LLC 2024/09/24, All Rights Reserved.
Published with permission by Buena Park Police DepartmentVictim and Witness Assistance - 2318.2.3 VICTIM CONFIDENTIALITY
Officers investigating or receiving a report of an alleged sex offense shall inform the victim, or the
victim's parent or guardian if the victim is a minor, that his/her name will become a matter of public
record unless the victim requests that his/her name not be made public.
The reporting officer shall document in his/her report that the victim was properly informed, and
shall include any related response made by the victim, or if a minor, any response made by the
victim's parent or guardian (Penal Code § 293).
Except as authorized by law, employees of this Department shall not publicly disclose the name
or address of any victim of a sex crime who has exercised his/her right to confidentiality (Penal
Code § 293).
318.2.4 DETECTIVE RESPONSIBILITY
In the event the victim cannot be identified, or due to the nature of the injury cannot be advised,
the investigating officer who later contacts or identifies the victim and/or dependents shall make
the necessary advisement. The investigating officer shall use discretion and tact in making such
advisement.
318.2.5 SUPERVISOR RESPONSIBILITY
Any supervisor approving a written report of a crime in which a victim has sustained injury shall
ensure that information is included to document the proper advisement being made, or the fact
that such advisement could not be accomplished. The Detective Supervisor is then responsible
for ensuring that the proper advisement is accomplished and properly documented as the follow-
up investigation is conducted.
318.3 CRIME VICTIM LIAISON
The Records Supervisor, or their designee, shall be the liaison officer to the Victim Witness
Assistance Program office (2 CCR 649.36). The crime victim liaison will be the point of contact
for individuals requiring further assistance or information from the Buena Park Police Department
regarding benefits from crime victim resources. This person shall also be responsible for
maintaining compliance with all legal mandates related to crime victims and/or witnesses.
318.3.1 CRIME VICTIM LIAISON DUTIES
The crime victim liaison is specifically tasked with the following:
(a)Developing and implementing written procedures for notifying and providing forms for
filing with the California Victim Compensation Board (CalVCB) to crime victims, their
dependents, or family. Access to information or an application for victim compensation
shall not be denied based on the victim's or derivative victim's designation as a gang
member, associate, or affiliate, or on the person's documentation or immigration status
(Government Code § 13962; 2 CCR 649.