Police Department Policy

53726

Temple Terrace PD

Policy Text
General Order B -24 Page 1 of 9 Victim/Witness Program TEMPLE TERRACE POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE 01/21/2005 FILE INDEX NO. B-24 SUBJECT: VICTIM/WITNESS PROGRAM INDEX AS: SAME AS ABOVE RESCINDS: REVISES: DATE REVISED: 01/27/2021 DISTRIBUTION: ALL MEMBERS I. PURPOSE: The purpose of this directive is to establish guidelines and procedures for all members in assisting victims and witnesses of crimes in accordance with Florida Statute 960.001. II. SCOPE: All Members III. DISCUSSION: In order to comply with the laws of the State of Florida governing victims and witnesses of crime, Department members shall inform all victims and witnesses of their rights as enumerated in Florida State Statutes. Victims and witnesses will be made aware of their rights by use of a victim/witne ss rights and information brochure. It is necessary that victims and witnesses receive prompt attention because the manner in which victims and witnesses are treated at the time of a crime and afterwards may affect not only their immediate and long-term a bility to cope with crime, but also their willingness to assist in prosecution. IV. DEFINITIONS: A. Victim - A person who suffers physical, financial, or emotional harm as the direct result of a specific crime committed upon his/her person or property. Also regarded as victims are victims’ parent(s), or guardians, or lawful representatives if the victim is a minor and the next of kin of a homicide victim. B. Witness - a person, as determined by law enforcement, who has information or evidence relevant to a specific crime. V. PROCEDURE: A. General: 1. State Attorney’s Office Victim Assistance Program: Victim assi stance is available through the Hillsborough County State Attorney’s Office (SAO) to any victim/witness of a crime committed within the county. This includes visitors and seasonal residents as well as permanent residents. There is no charge for these General Order B -24 Page 2 of 9 Victim/Witness Program services. The following guidelines and rights for victims and witnesses of crime are enumerated in the Information for Crime Victims Brochure: *The right of the victim to receive information on 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 vi ctims and witnesses as applicable. *The right of the victim to receive information regarding the availability of crimes compensation, when applicable for victims or crimes or their relatives where the victim is deceased. Telephone numbers of these serv ices are included in the Victim Rights Brochure. *The right of the victim or witness to receive information regarding their role within the criminal justice or juvenile justice system to include what the victim may expect from the system and what the sy stem may expect from the victim. *The right of the victim or witness to receive information regarding the stages of the criminal justice and juvenile justice processes which are significant to the victim or witness and the manner in which information ab out such stages may be obtained. *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 exte nt that the right does not interfere with the constitutional rights of the accused. *The right that victims and witnesses who are not incarcerated shall not be required to attend discovery depositions in any correctional facility. *The right that a v ictim, to have reasonable, accurate, and timely notice of, and be present at all public proceedings involving the criminal conduct, including, but not limited to trial, plea, sentencing, or adjudication, even if the victim will be a witness at the proceedi ng. *The right of the 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 cou rt determines otherwise such as the person’s presence being prejudicial. *The right that incarcerated victims shall be informed of the crucial stages of the criminal and juvenile proceedings and be afforded the opportunity to submit written statements at all crucial stages of the proceedings. *The right of a victim to a prompt and timely disposition of the case as long as this right does not interfere with the constitutional rights of the accused. General Order B -24 Page 3 of 9 Victim/Witness Program *The right to be free from intimidation. It is against the law to cause a victim/witness to be placed in fear by force or threats, to make an assault on, or harm any victim/witness. It is a felony to tamper with or threaten a witness. Witnesses/victims being threatened or intimidated should ma ke a report to their local law enforcement agency and/or the agency of jurisdiction regarding their case. *The right that each victim who has been scheduled to attend a criminal or juvenile justice proceeding shall be notified as soon as possible by th e agency or person scheduling his/her appearance of any change in scheduling which will affect his/her appearance. *The right to receive advance notification of judicial proceedings relating to the arrest and/or release (to include community control and work release) of the accused as well as the proceedings in the prosecution

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