55870116.pdf

\n\n--- Page 1 ---\n\nSEMINOLE COUNTY SHERIFF'S OFFICE NUMBER: G-63 GENERAL ORDER RESCINDS: E-29 SUBJECT: Victim and Witness Services EFFECTIVE: April 14, 1995 REVISED: October 10, 2023 Table of Contents: I. Purpose II. Scope III. Public and Media Information IV. Rights of Victims V. Duties of Enforcement Personnel VI. Victim Advocates I. PURPOSE: This policy directs the delivery of services to victims and witnesses. Reference is also made to the Enforcement Policy and Procedure Domestic Violence. II. SCOPE: The agency is committed to the development, implementation, and continuation of victim/ witness assistance programs and activities and shall comply with Section 960.001, F.S., which is known as the Florida Victim/Witness Protection Act of 1984. In 2018, Article I, Section 16(b), of the Florida Constitution was amended to expand the rights of victims. In order to further these objectives, a program shall be established which assists victims and witnesses with referral to appropriate community service agencies. The rights of victims and witnesses will be respected, and they will be treated with fairness, compassion and dignity. It is recognized that the rate of convictions in criminal cases markedly increase as the number of cooperative victims and witnesses increase. III. PUBLIC AND MEDIA INFORMATION: Employees assigned to the Victim Services Unit and the Public Affairs Division will remain aware of services the Sheriff’s Office provides and will be able to convey this information to victims/witnesses or direct any citizen in how to obtain such services. The Sheriff’s Office web site may be used as a vehicle to make this information available to the general public. IV. RIGHTS OF VICTIMS: In compliance with Chapter 960, Florida Statutes, victims and witnesses have protected rights. The agency's Victim’s Rights Brochure explains in brief the rights of victims and witnesses, in compliance with Section 960.001, F.S.S. and Article I, Section 16(b), Florida constitution. Agency members shall provide this pamphlet to victims who report a crime and to witnesses. These rights include: GENERAL ORDER Victim and Witness Services G-63 PAGE 1 OF 11\n\n--- Page 2 ---\n\nA. Every victim shall be given and requested to complete a Victim’s Rights Notification Form. The form provides the victim an opportunity to invoke or decline their right to prevent disclosure of information and /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; in accordance with the Constitution of the State of Florida, Article I, Section 16(b). B. To be informed of crisis intervention services, supportive counseling and social service agencies that can assist them, including referrals to social service agencies. C. Explanation concerning the stages of the Criminal and Juvenile Justice Process, including their role, what the system expects from them, including their right to be consulted by the State Attorney in certain felony cases regarding case disposition. D. The right to have a Victim Advocate present during discovery depositions, and the right to be excused from depositions held at any correctional facility unless they are currently incarcerated. E. To be treated with dignity and compassion, and provided information concerning protection from intimidation (it is a third degree felony to threaten and intimidate victims and witnesses). F. To be notified of the arrest, release, escape and/or approval for community control or work release of the accused, in addition to information concerning court dates and procedures, including timely notification of scheduling changes. G. To be advised of the right to a prompt and timely disposition of their case, so far as it does not interfere with the right of the accused, and to be assisted by criminal justice agencies in prompt return of property, unless there is a compelling need for law enforcement to retain it. H. To be told of their right to request and receive restitution and/or compensation for injuries sustained as a result of the crime, including assistance in filing Florida Crimes Compensation Claims. I. To be heard, present, and informed at all crucial stages of the criminal justice system, including the submission of a victim impact statement, and access to some portions of the pre-sentence investigation report, J. Victims may request assistance from law enforcement, and the State Attorney’s Office, in notifying employers/creditors of financial strain and absenteeism resulting from their victimization. Upon consent of the victim, the State Attorney may assert the right of the victim. K. In the case of an incarcerated victim, the right to be informed and to submit written statements at all crucial stages of the criminal/parole/juvenile proceedings. L. Victims, or a victim’s legal guardian, may request that a person charged with any offense enumerated in Section 775.0877 (1)(a-n), Florida Statutes, that involves the transmission of body fluids from one person to another, undergo hepatitis and HIV testing. M. Victims have the right to not be excluded from court proceedings based solely on the fact that they are a witness. N. To be informed of address confidentiality programs for victims of domestic violence, and in certain instances, the right of the victim to request exemption from disclosure, information considered public record. O. In juvenile cases, minor victims may request at sentencing/disposition that the defendant be required to change schools, if they attend the same school. P. Access to general victim assistance; translators, transportation, and separate waiting rooms. GENERAL ORDER Victim and Witness Services G-63 PAGE 2 OF 11\n\n--- Page 3 ---\n\nQ. The right of a victim to request the presence of a Victim Advocate from a certified sexual assault center during medical examination. R. The right of a victim, if contacted, to obtain information relating to a criminal proceeding by an attorney, investigator, or any other agent acting on behalf of the criminal defendant, to be informed of (1) the person’s name and employer and (2) the fact that such person is acting on behalf of the defendant. S. No Law Enforcement Officer, Prosecuting Attorney, or Government Officer shall ask or require a victim of a sexual offense to submit to a polygraph examination or other truth-telling device as a condition of the investigation. T. Victims of a sexual offense, have a right to receive a forensic medical examination, regardless of the victim’s desire or declination to prosecute a suspect. Victim Advocates or detectives must inform the victim of the following. 1. The purpose of submitting evidence for testing. 2 The right to request testing by a law enforcement agency that collects other DNA evidence associated with the sexual offense, if a kit not collected. V. DUTIES OF ENFORCEMENT PERSONNEL: A. It is the duty of employees to ensure the confidentiality of records and files of victims and witnesses and their role in case development to the extent consistent with applicable law. B. Employees will provide information to victims and witnesses on the procedures available to law enforcement in providing them with aid and protection from intimidation. Reference should be made to Section 914.24 (Civil Action to restrain harassment of victim or witness), Section 914.25 (Protective services for certain victims and witnesses), and Section 914.27 (Confidentiality of victim and witness information), Florida Statutes. C. Victim Notification Form: Information on the Victim Notification Form should include the victim’s name, address and telephone number, next of kin, or designated contact other than the victim or the victim’s next of kin, and any relevant identification or case number assigned to the incident. 1. Specific crimes require that a victim/next of kin be notified when a defendant is released from the correctional facility. Crimes requiring