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Policy 313Santa Monica Police Department Santa Monica Police Department Policy Manual Copyright Lexipol, LLC 2024/12/11, All Rights Reserved. Published with permission by Santa Monica Police DepartmentSenior and Disability Victimization - 1Senior and Disability Victimization 313.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the investigation and reporting of suspected abuse of certain adults who may be more vulnerable than others. This policy also addresses mandatory notification for Santa Monica Police Department members as required by law (Penal Code § 368.6). The Santa Monica Police Department is committed to providing equal protection and demonstrating respect for all persons regardless of age or disabilities, and to conscientiously enforcing all criminal laws protecting elders, and adults and children with disabilities, regardless of whether these crimes also carry civil penalties (Penal Code § 368.6) (see Child Abuse Policy for child abuse investigations and reporting). 313.1.1 DEFINITIONS Definitions related to this policy include: Abuse of an elder (age 65 or older) or dependent adult - Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering; or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. Neglect includes self-neglect (Welfare and Institutions Code § 15610.05 et seq.; Penal Code § 368.5). Department protocols (or protocols) - A procedure adopted by a local law enforcement agency consistent with the agency's organizational structure and stated in a policy adopted pursuant to this section, to effectively and accountably carry out a particular agency responsibility. Dependent adult - An individual, regardless of whether the individual lives independently, between 18 and 64 years of age who has physical or mental limitations that restrict their ability to carry out normal activities or to protect their rights, including but not limited to persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. This also includes those admitted as inpatients to a 24-hour health facility, as defined in state law (Penal Code § 368; Welfare and Institutions Code § 15610.23). Elder and dependent adult abuse - Any offense or attempted offense involving violence or neglect of an adult victim when committed by a person responsible for the adult's care, or any other act that would mandate reporting or notification to a social service agency or law enforcement (Penal Code § 368). Senior and disability victimization - Means any of the following (Penal Code § 368.6): (a)Elder and dependent adult abuse (b)Unlawful interference with a mandated report (c)Homicide of an elder, dependent adult, or other adult or child with a disability Santa Monica Police Department Santa Monica Police Department Policy Manual Senior and Disability Victimization Copyright Lexipol, LLC 2024/12/11, All Rights Reserved. Published with permission by Santa Monica Police DepartmentSenior and Disability Victimization - 2(d)Sex crimes against elders, dependent adults, or other adults and children with disabilities (e)Child abuse of children with disabilities (f)Violation of relevant protective orders (g)Hate crimes against persons with actual or perceived disabilities, including but not limited to disabilities caused by advanced age, or those associated with them (h)Domestic violence against elders, dependent adults, and adults and children with disabilities, including disabilities caused by advanced age 313.2 POLICY The Santa Monica Police Department will investigate all reported incidents of alleged elder and dependent adult abuse and ensure proper reporting and notification as required by law. 313.2.1 ARREST POLICY It is the Department policy to make arrests or to seek arrest warrants for elder and dependent adult abuse in accordance with Penal Code § 836 and, in the case of domestic violence, as allowed by Penal Code § 13701 (Penal Code § 368.6) (see Law Enforcement Authority and Domestic Violence policies for additional guidance). 313.2.2 ADHERENCE TO POLICY All officers are required to be familiar with the policy and carry out the policy at all times, except in the case of an unusual compelling circumstance as determined and approved by a supervisor (Penal Code § 368.6). Any supervisor who determines and approves a sworn officer’s deviation from this policy shall provide a written report to the Chief of Police that states the unusual compelling circumstances regarding the deviation. A copy of this report will be made available to the alleged victim and reporting party pursuant to Department protocols (Penal Code § 368.6(c)(27)). The Chief of Police shall retain the report for a minimum of five years and shall make it available to the state protection and advocacy agency upon request (Penal Code § 368.6(c)(27)). 313.3 INVESTIGATIONS AND REPORTING All reported or suspected cases of elder and dependent adult abuse require investigation and a report, even if the allegations appear unfounded or unsubstantiated (Penal Code § 368.6). Investigations and reports related to suspected cases of elder and dependent adult abuse should address, as applicable: (a)The overall basis for the contact. This should be done by the investigating officer in all circumstances where a suspected elder and dependent adult abuse victim is contacted. (b)Any relevant statements the victim may have made and to whom he/she made the statements. Santa Monica Police Department Santa Monica Police Department Policy Manual Senior and Disability Victimization Copyright Lexipol