Policy Text
Ref: CALEA
Standard: Chapter 55
DEPARTMENTAL
GENERAL ORDER O-7 Rev.
10 Nov 00
Index as: State Compensation Program Victim/Witness Assistance Victims of Violent Crime Liaison
Officer
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VICTIM/WITNESS ASSISTANCE
The purpose of this order is to establish Departmental policy and procedures
regarding the rights and privileges of victims and witnesses, and governs how
Departmental personnel facilitate the implementation and delivery of services.
This order also serves to designate and summarize the Departmental Violent
Crime Liaison Officer and summarize eligibility requirements under the State
Compensation Program for victims of crime.
I. POLICY
It is the policy of the Oakland Police Department to treat victims and witnesses with fairness, compassion, and dignity. The responsibility of courteous treatment towards victims and witnesses shall be assumed by all Departmental personnel. The Department is committed to the development, implementation, and continuation of appropriate victim/witness assistance programs and activities.
II. ORDER
Administration of Program
A. The State of California provides funds to the Alameda County District Attorney's Office to operate a unit w hose sole purpose is to provide
assistance to victims and witnesses of crime. The program is operated in compliance with the requirements set forth in Penal Code section 13835. Implementation and delivery of victim/witness assistance
services is the responsibility of the Alameda County District Attorney's Office.
DEPARTMENTAL GENERAL ORDER O-7 Rev.
10 Nov 00 OAKLAND POLICE DEPARTMENT
B. The District Attorney's Office assumes responsibility for a periodic
assessment of the effectiveness of the program. Access to the State mandated written evaluation of the Victim/Witness Assistance Program is provided by the District Attorney's Office upon request.
1. Access to assistance may be obtained Monday through Friday, 8:30 AM to 5:00 PM at the District Attorney's Victim/Witness Assistance Division office at 140 1 Lakeside Drive, Suite 802,
Oakland, CA, 94612 or by calling (510) 272-6180.
2. A voice mail message system is available, through the same
telephone number, when the office is closed.
3. Persons who contact the Department regarding victim/witness services shall be referred to the District Attorney's Office.
a. The Bureau of Field Operations (BFO) and the Communications Division shall maintain a current list of emergency telephone numbers for personnel assigned to the District Attorney's Victim/Witness Assistance Program.
b. Department personnel receiving a call regarding victim/witness assistance when the District Attorney's Office is closed, shall determine if the need for service requires immediate attention. If so, the person receiving the call shall advise his/her supervisor of the nature of assistance needed. The supervisor shall contact the on-call District Attorney Victim/Witness Assistance Program Coordinator, and arrange for the necessary services.
c. Victim/witness assistance which is not urgent, but
requires prompt attention, shall be expedited by:
1) Forwarding a copy of the report directly to the
District Attorney Victim/Witness Assistance Program Office.
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DEPARTMENTAL GENERAL ORDER O-7 Rev.
10 Nov 00 OAKLAND POLICE DEPARTMENT
2) Faxing a copy of the report to the District
Attorney Victim/Witness Assistance Program Office.
3) Contacting a representative of the District Attorney Victim/Witness Assistance Program Office by telephone or leaving a voice mail message.
4. The services provided by the District Attorney's Victim/Witness Assistance Program include at a minimum:
a. Crisis intervention: Provide timely and comprehensive responses to the individual needs of victims.
b. Emergency assistance: Directly or indirectly providing food, housing, clothing, and when necessary, cash.
c. Resource and referral counseling to agencies within the community, which are appropriate to meet the victim's needs.
d. Direct counseling for the victim on problems resulting from the crime.
e. Assistance in the processing, filing, and verifying of claims filed by victims of crime.
f. Assistance in obtaining the return of a victim's property held as evidence.
g. Orientation to the criminal justice system.
h. Court escort.
i. Presentations to, and training for, criminal justice system agencies.
j. Public presentations and publicity.
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DEPARTMENTAL GENERAL ORDER O-7 Rev.
10 Nov 00 OAKLAND POLICE DEPARTMENT
k. Monitoring appropriate court cases to keep victims and
witnesses apprised of the progress and outcome of their cases.
l. Upon the victim's request, notifying friends, relatives and employers of the occurrence of the crime, and the victim's condition.
m. Upon request of the victim or witness, notifying the
employer that the employee was a victim of, or witness
to, a crime. Asking the employer to minimize any loss of pay or other benefits which may result because of the crime, or the employee's participation in the criminal justice system.
n. Upon request of the victim, assist in obtaining restitution for the victim.
o. Assigning a victim advocate to assist the victim.
III. CONFIDENTIALITY OF VICTIM/WITNESS INFORMATION
The names of victims, witnesses, and ot her parties to an offense are a matter
of public record. However, both the Penal Code and Government Code allow the Department to establish policy protecting the confidentiality and privacy of victims and witnesses.
A. Government Code Section 6254 allows the Department to prevent the disclosure of information for a wide variety of reasons. This section shall be used by Departmental personnel as legal justification to withhold from the public the release of the names of victims and witnesses under the following circumstances:
• The offense involves domestic violence
• Sex offenses
• The victim/witness