Police Department Policy

25 - V5-17 Victims Rights Victim Assistance Unit

St. Petersburg PD

Policy Text
1 (08/04/2023) ST. PETERSBURG POLICE DEPARTMENT INSTRUCTIONAL ORDER Subject: VICTIM’S RIGHTS / VICTIM ASSISTANCE UNIT Index as: Victim Victims of Society Victim Assistance Unit VINE Victim Information and Notification Everyday (VINE) System Witness (es) Victim’s Rights Accreditation Standards: 55.1.1, 55.1.2 , 55.2.1, 55.2.2, 55.2.3, 55.2.4, 55.2.5 , CFA 14.04, 15.09 Cross Reference: G.O. III -19, Death and Serious Injury Special Procedures I.O. V.5: 07, Social Service Referral System Chapter 960 and §943.326, F.S.S. Article 1, Section 16, Florida Constitution Replaces : I.O. V.5:17, Victim’s Rights/Victim Assistance Unit ( August 28, 2017 ) This Order consists of the following sections: I. Policy II. Definitions III. Informational Services to Victims IV. Procedures V. Victim Notification Form VI. Services Provided by the Victims Assistance Unit VII. Training and Education Programs VIII. Requesting Services of a Victim Assistant I. POLICY A. This policy informs and directs compliance by all employees with: 1. Chapter 960 of the Florida State Statutes and Article 1, Section 16 of the Florida Constitution provide guidelines for the fair treatment of victims and witnesses in the criminal and juvenile justice system, includ ing notification requirements; and 2. Informs employees of the objectives and services provided by the Department’s Victim Assistance Unit in compliance with Florida State Statute, Chapter 960, Victims of Crime Act (VOCA) and Article 1, Section 16 of the Flo rida Constitution . B. Recognizing the sensitivity of effecting the immediate arrest of crime victims on outstanding warrants, if an investigation determines a warrant to be active: 1. The Officer /Detective will, through their Chain of C ommand, notify the Watch Commander or their respective Investigative Services Bureau (ISB) Division Major. DATE OF ISSUE EFFECTIVE DATE NUMBER August 201 7 Immediately V.5:17 Distribution: All Employees Instructional Order V.5:17 Revisions or additions are highlighted 2 (08/04/2023) 2. The Watch Commander , or the respective Major, Investigative Services Bureau (ISB) , will determine if serving the arrest warrant is appropriate. Consideration will be given to the offense(s) cited in the arrest warrant, present trauma of the victim, etc. If a determination is made to not serve the arrest warrant, the on -call Assistant State attorney will be notified of the decision. 3. The resolution of the enquiry will be fully recorded in the Incident Report . C. The Officer conducting interviews of victims/witnesses should, without compromising the investigation, make every effort to ensure privacy when personal or sensitive issues are being discussed. II. DEFINITIONS A. Victim – For this order, any victim of a crime regardless of the severity, whether the crime is a misdemeanor or felony, or whether the crime is against a person or against property. The term herein also includes the family member(s) of homici de victims. B. Victims of Society – Homeless persons, the mentally challenged, the elderly, and children. C. Witness – A person, as determined by a law enforcement officer, who has information or evidence relevant to a specific crime. III. RIGHTS OF VICTIMS AND WITNESSES A. Statutory Duty – Florida law provides that victims and witnesses will be provided specific informati on about their rights. B. All law enforcement personnel will ensure that victims and witnesses are routinely given information about these enumerated rights during the course of preliminary and follow -up investigations. These rights include: 1. The right to receive information regarding: a. Local community services to include counseling, shelter, legal assistance, or other types of help, depending on the particular circumstances. Telephone numbers of these services will be provided to the victi ms and witnesses as applicable; b. The availability of crimes’ compensation, when applicable, for victims of crimes or their relatives where the victim is deceased. Telephone numbers of these services are included in the Victim’s Rights brochure; c. Their role within the criminal justice or juvenile justice sy stem to include what the victim may expect from the system and what the system may expect from the victim; and d. The stages of the criminal and juvenile justi ce process, which are significant to the victim or witness, and the manner in which information abou t such stages may be obtained. 2. The right of the victim who is not incarcerated, including the next of kin of a homicide victim, to be informed, present and heard, when relevant, at all crucial stages of a criminal or juvenile proceeding, to the extent tha t the right does not interfere with the constitutional rights of the accused. 3. The right that victims and witnesses who are not incarcerated will not be required to attend discovery depositions in any correctional facility. 4. The right that a victim, or the next of kin of a victim, may not be excluded from any portion of any hearing, trial or proceeding pertaining to the offense, based solely on the fact that such person is subpoenaed to testify; unless, upon motion, the

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