Police Department Policy

GO208 Crime Victim_Witness Assistance Program 112922

Sunny Isles Beach Police Department

Policy Text
GO 208 Crime Victim/Witness Assistance Program Page 1 of 7 Rev. 11/29/22 GENERAL ORDER 208 VICTIM / WITNESS ASSISTANCE REVISION DATE: 11/29/2022 BY ORDER OF THE CHIEF OF POLICE SUNNY ISLES BEACH POLICE DEPARTMENT ORIGINAL EFFECTIVE DATE: 11/29/22 PREVIOUS REVISIONS: RESCINDS: All previously issued directives REFERENCE : 14.04 TABLE OF CONTENTS A. PURPOSE .......................................................................................................................... 1 B. SCOPE ............................................................................................................................... 1 C. POLICY ............................................................................................................................. 1 D. DEFINITIONS .................................................................................................................. 1 E. PROCEDURES ................................................................................................................. 2 F. SUMMARY OF VICTIMS’ RIGHTS ............................................................................ 3 G. VICTIM NOTIFICATION (VINE) FORM ................................................................... 6 H. TRAINING ........................................................................................................................ 7 A. PURPOSE To ensure that victims and witnesses of crimes have their rights protected in accordance with Florida State Statute Chapter 960 and Florida Constitution, Article I, Section 16(b)(5) . B. SCOPE This directive is applicable to all department employees. C. POLICY It is the policy of the City of Sunny Isles Beach Police Department to maintain a strong link between the victim and witness of a crime and the Department. This Department is committed to providing necessary information, resources, and support to victims of crimes in order to ensure each victim and witness is aware of their legal rights. It is the Department’s policy to treat victims and witnesses with fairness, compassion, and dignity. D. DEFINITIONS Specified Crimes: For the purpose of this directive, specified crimes refer to felonies and all misdemeanor crimes against persons or other incidents upon the recommendation of the investigating employee. CRIME VICTIM / WITNESS ASSISTANCE PROGRAM General Order 208 GO 208 Crime Victim/Witness Assistance Program Page 2 of 7 Rev. 11/29/22 Victim: For the purpose of this directive, a victim refers to a person who suffers direct or threatened physical, psychological, or financial harm because of the commission or attempted commission of a crime or delinquent act or against whom the crime or delinquent act was committed. The term "victim" includes the victim's lawful representative, the parent or guardian of a minor, or the next of kin of a homicide victim, except upon a showing that the interest of such individual would be in actual or potential conflict with the interests of the victim. The term "victim" does not include the accused. Witness: A person, as determined by law enforcement, who has information or evidence relevant to a specific crime. When the witness is a minor, the term witness includes an appropriate family member. This precludes defense witnesses and anyone involved in a crime as perpetrator or accomplice. E. PROCEDURES 1. Employees responsibilities: a. All employees will ensure that the rights of all victims and witnesses are met, in accordance with State Statute, the Florida Constitution, and as provided in this Directive. b. Employees will provide victims with the following information: Victim Rights Brochure ( Annex 14.5A ) Marsy’s Law Brochure (Annex 14.5D ) Domestic Violence Brochure, if applicable ( Annex 14.5B ) (a) Employees will accurately complete the section of the brochure entitled “YOUR CASE INFORMATION” before providing it to a victim. c. Employees will indicated in the report, which brochure(s) were given to the victim and if the victim requested to have, their information exempted. 2. Employees shall: a. Be responsible for informing all victims of the availability of victim/witness services through the distribution of the Victim Rights Brochure and/or Marsy’s Law Brochure. b. Provide victims and witnesses with information on steps available to law enforcement to protect the victims or witnesses from intimidation. c. The information will be provided in the same manner as that relating to services of victims. d. The notification contained in the brochure will include the advisement that it is a felony to tamper with or threaten a witness, and that the police should be promptly contacted if a possible violation has occurred. CRIME VICTIM / WITNESS ASSISTANCE PROGRAM General Order 208 GO 208 Crime Victim/Witness Assistance Program Page 3 of 7 Rev. 11/29/22 3. It shall be the responsibility of the arresting officer or investigator: a. To advise the victim that an offender has been arrested. b. To have the victim complete a “ Victim Notification Form ” (Annex 14.5B C), indicating whether or not the victim desires to be advised of the offender’s release from confinement. The notification form will travel with the offender’s paperwork to the booking facility for prompt notification by the facility upon release of the accused. The correctional facility (jail) is responsible for notifying the victim of the offender’s release. 4. City of Sunny Isles Beach Police Department employees shall provide assistance as requested by other responsible agencies in attempting to notify the victim of the offender’s release from confinement. 5. Property belonging to crime victims shall be promptly returned unless there is a compelling law enforcement reason for not returning it. a. The Property and Evidence Custodian shall promptly comply with court orders allowing photographs of the victim’s property to be used as evidence at the trial and/or requiring the return of the victim’s property. b. Employees shall consult with the State Attorney’s Office before releasing any property

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