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ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: October 28, 2021  Amends - GO 6.4.8 ( September 25, 2020 ) Number: 6.4.8 Distribution: All Personnel Review Month: May Reviewing Authority: CID / Major Case Subject: Victim / Witness Assistance This order consists of the following: 1. Purpose 2. Policy 3. Procedures 1. Purpose The purpose of this policy is to define the agency's determination to guarantee that both juvenile and adult victims and witnesses of crimes have their rights protected; to verify that the agency provides assistance during preliminary investigations and fo llowing the arrest of the suspects; to confirm that all victims and witnesses are treated with fairness, compassion and dignity by all agency employees in accordance with applicable law. 2. Policy The Sheriff's Office believes that an integral part of the agency mission is to provide special services to victims and witnesses of crimes. The agency is responsible for providing necessary information to all victims of criminal activity in order to make each victim and witness aware of his/her legal rights. 3. Procedures A. All personnel shall verify that the rights of all victims and witnesses are met, as described in this directive. B. All personnel who take incident reports concerning criminal conduct shall attempt to provide written victim’s rights inform ation , i.e., “A Guide for Victims and Witnesses,” to every crime victim. Victims and witnesses shall be advised of the following: 1. Victim advocacy, counseling, and victim compensation programs. 2. The case number and subsequent steps in the processing of the case. 3. A telephone number which can be used to report additional information about the case or to check on the status of the case. 4. An explanation of what to do if the suspect or suspect's companions or family threatens or otherwise intimidate s him/her. 5. Information on services available within the community. 6. In applicable cases -Victim Confidentially Form. 6.4.8, Page 2 of 6 C. Summary of Victim's Rights 1. “Marsy’s Law ” (Article 1 Section 16 of Florida Constitution) – The Florida Constitution includes expanded rights for crime victims and is commonly referred to as “Marsy’s Law.” Portions of this law directly involve the Orange County Sheriff’s Office. Under Marsy’s Law, Crime victims have the right to: a. Prevent th e disclosure of information or records that could be used to locate or harass the victim or the victim’s family, or which could disclose confidential or privileged information of the victim . The victim of any crime may invoke the confidentiality provision s. Their request may be verbal or written ; and b. The prompt return of the victim’s property when no longer needed as evidence in the case. 2. The Orange County Sheriff's Office recognizes that both juvenile and adult victims and witnesses of crim es have rights protected according to the guidelines for fair treatment of victims and witnesses in the Criminal Justice and Juvenile Justice System as described in Florida Statutes 960.001 . a. The victim has the right to be informed to be present and to be heard, when relevant, at all crucial stages of the criminal proceedings, and to be told how to participate in those proceedings. NOTE: If the victim is incarcera ted, a written statement can be submitted at the proceedings. b. The victim may be entitled to compensation for any loss suffered, as well as other victim services, through the Crimes Compensation program. c. The victim may be entitled to crisis intervention, support and social services assistance within the community. d. The victim has the right to be protected from intimidation. e. The victim has the right to submit a victim impact statement to the court. f. The victim has the right to seek restitution from the offender. g. The victim has the right to be told of their role in the criminal or juvenile justice system including what the victim may expect from the system as well as what the system may expect from the victim. h. The victim has the right to be told of the arrest of the accused. i. The right of the victim, who is not incarcerated, including the next of kin of a homicide victim, to be informed, present and he ard when relevant, at all crucial stages of a criminal or juvenile proceeding, to the extent the right does not interfere with the Constitutional rights of the accused. j. The victim has the right to the return of his/her property, unless compelling reason exists to retain it. k. The victim has the right to a prompt and timely disposition of the case in order to minimize the period during which the victim must endure the responsibility and stress involved. NOTE: The victim or appropriate next of kin of the victim, or other designated contact of the victim; in the case of a homicide or a sexual offense, or an attempted murder 6.4.8, Page 3 of 6 or sexual offense or stalking, domestic violence, or dating violence will be asked at the time the Incident Report is taken to complete a Victim Notification Card. Upon completion of the Victim Notification Card, the card will be attached to the Incident Report unless the victim waives the option to complete the Victim Notification Card. l. The victim has the right to advance notification of the release of the accused pending judicial proceedings or any modification of release conditions, or of the change in location of