Policy Text
Policy
328Fremont Police Department
Victim and Witness Assistance
328.1 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.
328.2 POLICY
The Fremont Police Department is committed to providing guidance and assistance to the victims
and witnesses of crime. The employees of the Fremont 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.
328.3 CRIME VICTIM LIAISON
The Chief of Police shall appoint a member of the Department to serve as the crime victim liaison
(2 CCR 649.36). The crime victim liaison will be the point of contact for individuals requiring
further assistance or information from the Fremont 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.
328.3.1 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 649.35; 2 CCR 649.36).
(b)Responding to inquiries concerning the procedures for filing a claim with CalVCB (2
CCR 649.36).
(c)Providing copies of crime reports requested by CalVCB or victim witness assistance
centers. Disclosure of reports must comply with the Records Maintenance and
Release Policy.
(d)Annually providing CalVCB with the crime victim liaison's contact information
(Government Code § 13962).
(e)Developing in consultation with sexual assault experts a sexual assault victim card
explaining the rights of victims under California law (Penal Code § 680.2).
1.Ensuring that sufficient copies of the rights of sexual assault victim card are
provided to each provider of medical evidentiary examinations or physical
examinations arising out of sexual assault in the Fremont Police Department
jurisdiction (Penal Code § 680.2).
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(f)Providing information required by Penal Code § 679.09 of a deceased minor to a
parent or guardian of the minor whose death is being investigated.
1.In cases where the parent or guardian of the deceased minor cannot be located,
information required by Penal Code § 679.09 shall be provided to the victim's
immediate family, upon their request.
(g)Providing notification to victims of human trafficking or abuse of their right to have
a human trafficking advocate and a support person that the victim chooses present
during an interview by the Department, prosecutor, or the suspect's defense attorney
(Penal Code § 236.21).
328.4 CRIME VICTIMS
Officers should provide all victims with the applicable victim information handouts.
Officers 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. Officers 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.
328.4.1 VICTIMS OF HUMAN TRAFFICKING
Officers investigating or receiving a report involving a victim of human trafficking shall inform the
victim, or the victim’s parent or guardian if the victim is a minor, that upon the request of the victim
the names and images of the victim and his/her immediate family members may be withheld from
becoming a matter of public record until the conclusion of the investigation or prosecution (Penal
Code § 293).
328.5 VICTIM INFORMATION
The Administrative Services Supervisor shall ensure that victim information handouts are available
and current. These should include as appropriate:
(a)Shelters and other community resources for victims of domestic violence.
(b)Community resources for victims of sexual assault.
(c)Assurance that sexual assault victims will not incur out-of-pocket expenses for
forensic medical exams, and information about evidence collection, storage, and
preservation in sexual assault cases (34 USC § 10449; 34 USC § 20109; Penal Code
§ 13823.95(a)).
(d)An explanation that victims of sexual assault who seek a standardized medical
evidentiary examination shall not be required to participate or agree to participate in
the criminal justice system, either prior to the examination or at any other time (Penal
Code § 13823.95(b)).
(e)An advisement that a person who was arrested may be released on bond or some
other form of release and that the victim should not rely upon an arrest as a guarantee
of safety.
(f)A clear explanation of relevant court orders and how they can be obtained.
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(g)Information regarding available