Police Department Policy

316Victim_and_Witness_Assistance_10312024

San Luis Obispo County Sheriff

Policy Text
Policy 316San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2024/10/31, All Rights Reserved. Published with permission by San Luis Obispo Police DepartmentVictim and Witness Assistance - 1Victim and Witness Assistance 316.1 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. 316.2 POLICY The San Luis Obispo Police Department is committed to providing guidance and assistance to the victims and witnesses of crime. The members of the San Luis Obispo 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. 316.4 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. 316.4.1 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). 316.5 VICTIM INFORMATION The Administration 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)). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Victim and Witness Assistance Copyright Lexipol, LLC 2024/10/31, All Rights Reserved. Published with permission by San Luis Obispo Police DepartmentVictim and Witness Assistance - 2(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. (g)Information regarding available compensation for qualifying victims of crime (Government Code § 13962). (h)VINE® information (Victim Information and Notification Everyday), including the telephone number and whether this free service is available to allow victims to check on an offender’s custody status and to register for automatic notification when a person is released from jail. (i)Notice regarding U visa and T visa application processes. (j)Resources available for victims of identity theft. (k)A place for the officer’s name, badge number, and any applicable case or incident number. (l)The "Victims of Domestic Violence" card containing the names, phone numbers, or local county hotlines of local shelters for battered women and rape victim counseling centers within the county and their 24-hour counseling service telephone numbers (Penal Code § 264.2). (m)The rights of sexual assault victims card with the required information as provided in Penal Code § 680.2. (n)Any additional information required by state law (Penal Code § 13701; Penal Code § 679.02; Penal Code § 679.04; Penal Code § 679.05; Penal Code § 679.026). 316.6 WITNESSES Officers should never guarantee a witness’ safety from future harm or that his/her identity will always remain confidential. Officers may make practical safety suggestions to witnesses who express fear of future harm or retaliation. Officers should investigate allegations of witness intimidation and take enforcement action when lawful and reasonable.

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