37903830.pdf

\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER TITLE ACCREDITATION Victim/Witness Assistance CALEA 55.1.1 and 55.1.2; 55.2.2; 55.2.3; 55.2.4, 55.2.5 PRIOR REVISIONS PROPONENT UNIT 12/16/2002,10/26/2005 Criminal Investigations Division 11/09/2011,3/23/2016 ATTACHMENT: N/A NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 55.2 7/1/1998 07/23/2020 14 I. PURPOSE: This General Order establishes the Department’s responsibilities for providing assistance and referral information to the victims and witnesses of crimes. II. POLICY: Pursuant to the victim and witness rights granted in FSS 960.001 (which is entitled the Victim Assistance Act) and State of Florida Constitution, Article 1, Section 16 Rights of Accused and Victims (referred to as Marsy’s Rights) the Gainesville Police Department will provide information, referral, and assistance to the victims and witnesses of all crimes reported to the Gainesville Police Department. Department members shall refer and follow the procedures set forth in General Orders: ADA policy and LEG policy to effectively communicate victim/witness assistance. III. DEFINITIONS: Demeanor: Victims and witnesses have often experienced a traumatic event regarding their involvement in a crime, and their contribution to the investigation is often critical to its success. Therefore, Department members shall treat victims and witnesses with fairness, care, and concern. Information: The Gainesville Police Department shall provide information and referrals regarding the services available to the victims and witnesses of crimes. Victim: The Florida Constitution defines a victim as a person who suffers direct or threatened physical, psychological, or financial harm because of the commission or attempted commission of a crime. The term victim includes the victim’s lawful representative, the parent or guardian of a minor, or the next of kin of a homicide victim. Every victim is entitled to these rights, beginning at the time of his or her victimization. IV. PROCEDURE A. Distribution: Scope: Sworn, Tele-Serve, Victim Advocates and PSTs\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT 1. Each officer shall be responsible for informing all victims/witnesses of the availability of victim/witness services through the distribution of the below listed brochures [CALEA 55.1.2.a]. When conducting initial criminal investigations, Department members shall issue the following brochures: i. Rights of Victims and Witnesses in the Criminal Justice System Brochure (GPD Form 240) to the victim(s) and witness(es) of a crime. The contents of this brochure is discussed in Section B. ii. Victim’s Bill of Right’s Brochure (GPD Brochure #1027) to the victim(s) of a crime. The contents of this brochure is discussed in Section C. [CALEA 55.1.1] When a crime is reported over the phone, the member taking the report shall mail the Victim/Witness Information Brochure and the Victim’s Bill of Right’s Brochure (GPD Brochure #1027) and note the mailing in the report. A Victim/Witness Information Brochure need not be issued for events that are reported solely for documentation (e.g., information reports). 2. Members shall complete GPD Form 240 Supplement (blue form within the brochure) and have the victim/witness sign the form acknowledging receipt of the brochure. GPD Form 240 Supplement shall be submitted to Records for inclusion with the case in the Records Management System. B. Content of the Victim/Witness Information Brochure: The Victim/Witness Information Brochure will contain: 1. Available Services: List local agencies (and their contact numbers) that can supply resources and services to crime victims and witnesses, and, when applicable, to surviving next of kin and / or victims’ representatives, to include counseling, shelter, legal assistance, or other types of help, depending on the particular circumstances; This includes the telephone number of the State Attorney’s Office Victim Rights Advocate. 2. Crimes Compensation: The provision of the State of Florida’s Crime Victims Compensation toll-free number. 3. Single Point of Contact: The designation of, and the phone number for, the Department’s designated ‘single point of contact’ for information and referral regarding victim / witness services. 4. Department Information: Information about how the case will be processed for investigation by the Department. This will include the case report number and a telephone number for the victim or witness to call to report additional case information or to obtain information about the status of the case. Department members shall notate the information on the back of the brochure. 2\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT 5. What to Do If Threatened: Advice to victims and witnesses on what actions to take if they are threatened by the suspect; 6. Judicial Process: Information on the various stages of the judicial process and how additional information may be obtained; 7. Role of Victims/ Witnesses: The role (and rights) of the victim/witness to participate in each relevant stage of the criminal or juvenile proceeding; what the victim / witness may expect from the system, and what the system may expect from the victim / witness. 8. Keep-Confidential Information: The statutory obligation to advise the victim or the next of kin of a homicide victim that any information gained pursuant to FS Chapter 960, regarding any case handled in juvenile court, must not be revealed to any outside party, except as reasonably necessary in pursuit of legal remedies. 9. Specific Rights: A listing and explanation of victims’ and witnesses’ rights. i. If the crime committed against the victim was a sexual battery, information will be including informing the victim he/she will be permitted to review the final report for the case and provide a statement as to the accuracy of the report. ii. When circumstances warrant, victims, next of kin of homicide victims, victims’ representatives, and/or witnesses have the right to: a. Be Notified of Available Services: Such as transportation, translators, parking, and other services that victim may need and request. [See Sections C2.b.1) and C3] b. Be Notified by the Appropriate Agency of the Arrest and Release of the Accused: {See Sec. C.6] c. Attend Proceedings: If not incarcerated, they may be informed, present, and heard when relevant, at all crucial stages of a criminal or juvenile proceeding, to the extent this right does not interfere with the constitutional rights of the accused. This includes: 1).The right to have an advocate present during depositions; 2).The right to not be excluded from any portion of any hearing, trial or proceeding pertaining to the offense based solely on the fact that such person is subpoenaed to testify, unless, upon motion, the court determines such person’s presence to be prejudicial. 3). The right to refrain from attending discovery depositions being taken at a correctional facility; d. Be Informed: If incarcerated, to be kept informed, and to submit written statements at appropriate stages of the judicial process; 3\n\n--- Page 4 ---\n\nGAINESVILLE POLICE DEPARTMENT e. Be Notified Of Scheduling Changes: If scheduled to attend a criminal or juvenile justice proceeding, they are to be notified as soon as possible by the agency or person scheduling the appearance of any change in scheduling that will affect his/her appearance. f. Receive Advance Notifications: Of judicial proceedings relating to the prosecution, arrest and/or release (to include community control and work release) of the defendant. g. Be Free From Intimidation: It is unlawful for any person to: 1). Cause any witness to be placed in fear by force or threats of force; 2). Make an assault upon any witness or informant; or 3). Harm a witness by any unlawful act in retaliation against the said witness for anything lawfully done in the capacity of witness or informant. h. Have Standing: The right of a victim and the State Attorney, with t