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Policy 319Santa Monica Police Department Santa Monica Police Department Policy Manual Copyright Lexipol, LLC 2024/02/22, All Rights Reserved. Published with permission by Santa Monica Police DepartmentVictim and Witness Assistance - 1Victim and Witness Assistance 319.1 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. 319.2 POLICY The Santa Monica Police Department is committed to providing guidance and assistance to the victims and witnesses of crime. The members of the Santa Monica 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. 319.3 CRIME VICTIM LIAISON In accordance with existing law (2 CCR 649.36), the CID Crimes Against Persons (CAPS) Supervisor, or his her designee, will serve as a crime victim liaison. The crime victim liaison shall also be responsible for maintaining compliance with all legal mandates related to crime victims and/or witnesses. A crime victim liaison will be the point of contact for individuals requiring further assistance or information from the Santa Monica Police Department regarding benefits from crime victim resources. In general, the detective assigned to the victim's or witness's case will ensure they are referred to the Los Angeles District Attorney's Bureau of Victim Services for further assistance. 319.3.1 CRIME VICTIM LIAISON DUTIES The crime victim liaison is specifically tasked with the following: (a)Developing and implementing written procedures for notifying and providing forms for filing with the California Victim Compensation Board (CalVCB) to crime victims, their dependents, or family. Access to information or an application for victim compensation shall not be denied based on the victim's or derivative victim's designation as a gang member, associate, or affiliate, or on the person's documentation or immigration status (Government Code § 13962; 2 CCR 649.35; 2 CCR 649.36). (b)Responding to inquiries concerning the procedures for filing a claim with CalVCB (2 CCR 649.36). (c)Providing copies of crime reports requested by CalVCB or victim witness assistance centers. Disclosure of reports must comply with the Records Maintenance and Release Policy. (d)Annually providing CalVCB with the crime victim liaison's contact information (Government Code § 13962). (e)Developing in consultation with sexual assault experts a sexual assault victim card explaining the rights of victims under California law (Penal Code § 680.2). Santa Monica Police Department Santa Monica Police Department Policy Manual Victim and Witness Assistance Copyright Lexipol, LLC 2024/02/22, All Rights Reserved. Published with permission by Santa Monica Police DepartmentVictim and Witness Assistance - 21.Ensuring that sufficient copies of the rights of sexual assault victim card are provided to each provider of medical evidentiary examinations or physical examinations arising out of sexual assault in the Santa Monica Police Department jurisdiction (Penal Code § 680.2). (f)Providing information required by Penal Code § 679.09 of a deceased minor to a parent or guardian of the minor whose death is being investigated. 1.In cases where the parent or guardian of the deceased minor cannot be located, information required by Penal Code § 679.09 shall be provided to the victim's immediate family, upon their request. (g)Providing notification to victims of human trafficking or abuse of their right to have a human trafficking advocate and a support person that the victim chooses present during an interview by the Department, prosecutor, or the suspect's defense attorney (Penal Code § 236.21). 319.4 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. 319.4.1 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). For further information, see the Human Trafficking and Child Prostitute Policy in this manual. 319.5 VICTIM INFORMATION The Criminal Investigation Division's CAPS Supervisor or his/her designee 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