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HomeMy WebLinkAboutVIC WIT ASST 12.6A TEQUESTA POLICE DEPARTMENT TEQUESTA , FLORIDA GENERAL ORDER TITLE: VICTIM WITNESS ASSISTANCE GENERAL ORDER: 12.6B EFFECTIVE: October 15, 2011 RESCINDS: 12.6A 5 PAGES: CONTENTS: This order consists of the following numbered sections: I. PURPOSE II. POLICY III. DEFINITIONS IV. RIGHTS OF VICTIMS AND WITNESSES V. PROCEDURE VI. TRAINING AND EDUCATIONAL PROGRAMS VII. APPENDIX A I. PURPOSE: The purpose of this policy and procedure is to establish guidelines and procedures for all employees in assisting victims and witnesses of crime. II. POLICY: In an effort to comply with the laws of the State of Florida governing victims and witnesses of crime, it shall be the policy of the Tequesta Police Department to inform all victims and witnesses of their rights as enumerated in Florida Statute. The victims and witnesses will be made aware of their rights by the use of a Victim/Witness Rights Brochure that is available in the Patrol Room. III. DEFINITIONS: Victim - A person who suffers physical, financial, or emotional harm as the direct result of a specified crime committed upon his person or property. Also regarded, as victims are a child and parent or legal guardian of a homicide victim. Witness - A person, as determined by law enforcement, who has information or evidence relevant to a specific crime. IV. RIGHTS OF VICTIMS AND WITNESS’S: The following guidelines and rights of victims and witnesses of crimes are enumerated in the Victim Rights Brochure: G.O. 12.6B  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 victims 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 services are included in the Victims Rights Brochure.  The right of the victim or witness to receive information regarding his role within the criminal justice or juvenile justice system to include what the victim may expect from the system and what the system may expect from the victim.  The right of the victim or witness to receive information regarding the stages of the criminal justice process which are significant to the victim or witness and the manner in which information about 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 extent 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 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 court determines such person's presence to be 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 in order to minimize the period during which the victim must endure the responsibilities and stress involved to the extent that this right does not interfere with the constitutional rights of the accused.  The right to be free from intimidation. Section 918.14(3)(a) provides: "It is unlawful for any person (1) to cause any witness to be placed in fear by force or threats of force; (2) to make an assault upon any witness or informant; or (3) to harm a witness by any unlawful act in retaliation against the said witness for anything lawfully done in the capacity of witness or informant." If you are being threatened or intimidated, please contact the Tequesta Police Department or any law enforcement officer.  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 the agency or person scheduling his appearance of any change in scheduling which will affect his appearance.  The right to receive advance notification of judicial proceedings relating to the arrest and/or release (to include community control and work release) as well as the proceedings in the prosecution.  In addition to the provisions FS 921.143, the rights of the victim of a felony involving physical or emotional injury or trauma, or in a case in which the victim is a minor child or in a homicide, the guardian or family of the victim shall be consulted by the state attorney in order to obtain the views of the victim or family about the disposition of any criminal or juvenile case brought about as a result of such crime, including the views of the victim or family about:  Plea Agreements.  Participation in pretrial diversion programs.  The release of the accused pending judicial proceedings.  Sentencing of the accused.  The right of the victim to have property retained only when necessary for successful investigation and prosecution. Property shall be returned as soon as possible after the completion of the investigation or prosecution. 2 G.O. 12.6B  The right of the victim to receive the assistance of the State Attorney or law enforcement in notifying the victim’s employer and creditors in order to explain his circumstances.  The right of the victim to request and receive restitution pursuant to FS 39.054(l)(a) or FS 775.089 and the victim's rights of enforcement under FS 39.022 and 775.089(5) in the event an offender does not comply with the restitution order. The victim shall also have the right to be notified when restitution is ordered.  The right of the victim to submit an oral or written impact statement pursuant to FS 921.143 and the right to receive assistance from the State Attorney in the preparation of such statement.  The right of the victim to receive reasonable consideration and assistance from employees of the Tequesta Police Deaprtment. When requested, the victim will be assisted in locating accessible transportation and parking, and shall direct those persons to separate pretrial waiting areas when such facilities are available. When so requestd, this office shall also assist the Court in attempting to locate translators.  The right of the victim, material witness, parents or legal guardian of a minor who is a victim or witness, or immediate relative of a homicide victim to be notified of the escape of a criminal defendant. The State Attorney shall make every effort to ensure prompt notification.  The right of the victim to have the presence of a victim advocate present during discovery deposition.  The right of the victim to review certain portions of a pre-sentence investigation report for adult and youthful offenders prior to the sentencing of the accused.  The victim and the State Attorney's Office with the consent of the victim, have standng to assert any legal rights of the crime victim as provided by law or The Florida Constitution.  The right of the victim of a sexual offense to have the courtroom cleared, with certain exceptions, during his or her testimony, regardless of the victim's age or mental capacity.  The right of the victim of domestic violence to be informed of the address confidentiality program administered through the Attorney General's Office.  The right of a victim to know, at the earliest possible opportunity, if the person charged with an offense, which involves the transmission of body fluids, has tested positive for human immunodeficiency virus (HIV) infection and/or hepatitis. In such cases, upon request of the victim or the victim's legal guardian, or of the parent or legal guardian of the victim if the victim is a minor, the court shall order such person to undergo HIV and hepatitis testing. In addition, in certain cases, if requested by the victim, the right of the victim to recieve information on the results of the testing within two weeks of the court’s receipt of such results.  The right of a victim to request, for specific crimes, an exemption prohibiting the disclosure of information to the public which reveals the victim's name, home and work telephone numbers, home and work addresses, and personal assets not otherwise held confidential under the Public Records Law (Appendix A).  The right to request, in certain circumstances that the offender be required to attend a different school than thevictim or siblings.  The statutory obligation to advise the victim or the next of kin of a homicide victim, that any information gained pursuant to FS Chapter 960, regarding any case handled in juvenile court must not be revealed to any outside party, except as reasonably necessary in pursuit of legal remedies.  The victim has the right to be notified by the appropriate agency of the arrest and release of the offender (including work release and community control).  The right of a victim of a sexual offense to request the presence of a victim advocate during the forensic medical examination. An advocate from a certified rape crisis center shall be permitted to attend any forensic medical examination.  No law enforcement officer, prosecuting attorney, or government official 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. V. PROCEDURE: 3 G.O. 12.6B Each officer shall be responsible for informing all victims of the availability of victim/witness services through the distribution of the Victim/Witness Rights Brochure. The officer shall provide victims and witnesses with information on steps available to law enforcement to protect the victims or witness from intimidation. The information will be provided in the same manner as that relating to services of victims. The notification (contained in the Victim/Witness Rights Brochure) will include the advisement that it is a felony to tamper with or threaten a witness, and that the Tequesta Police should be promptly contacted if a possible violation has occurred. It shall be the responsibility of the arresting officer to advise the victim that an offender has been arrested. It is also the responsibility of the arresting or investigating officer to have the victim complete a victim notification form on certain crimes, indicating whether or not the victim desires to be advised of the offender's release from confinement. The notification card will travel with the offender's paperwork to the booking facility for prompt notification by the facility upon release of the accused. The notification shall be made to the victim by the booking facility within four hours of the release of the accused. If such notice is not possible, the victim will receive notice via the U.S. Mail. Law enforcement officers of the Tequesta Police Department will provide assistance as requested by other responsible agencies in attempting to notify the victim of the offender's release from confinement. Property of crime victims shall be promptly returned unless there is a compelling law enforcement reason for returning it. The 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. Members should consult with the State Attorney's Office before releasing any property. When so requested, the Tequesta Police Department shall assist victims and witnesses of crime in notifying employers and creditors of court appearances and financial hardship. Police Department personnel are always ready to assist victims whenever possible. When so requested, employees will assist victims and witnesses in locating accessible parking and transportation, and will direct those persons to separate pretrial waiting areas where available. When necessary, employees will attempt to locate translators in appropriate cases. In the event of an escape, the correctional facility shall notify the State Attorney's Office of the escape and the State Attorney shall make effort to notify the victim or the victim's next of kin as well as the Sheriff and/or Chief of the affected jurisdiction(s). The Tequesta Police Department shall render such assistance as requested by the State Attorney. VI. TRAINING AND EDUCATIONAL PROGRAMS: So that all victims may be treated fairly, victim assistance education and training shall be offered to all employees taking courses at law enforcement training facilities or on an in-service basis. In addition, all members, and other employees as necessary, will be provided with the latest information pertaining to victim's rights and services available to them through the regularly scheduled, in-service, CJSTC Mandatory Retraining Courses dealing with Human Diversity and Domestic Violence Awareness INDEXING: Victim Advocat Victim/Witness Assistance 4 G.O. 12.6B DRAFTED: djr September 2011/Filed: Victim Witness Assistance APPROVED: _______________________________ G. Pitocchelli, Chief Date: November 05, 2011 Tequesta, Florida APPENDIX A EXEMPTION FROM PUBLIC RECORDS DISCLOSURE # : Tequesta Police Department Case This form is a request for exemption of certain information from public records disclosure involving victims of the following crimes: a. Sexual Battery d. Child Abuse b. Aggravated Stalking e. Harassment c. Aggravated Battery f Domestic Violence I, . Date of Birth (print name) do hereby request that information which reveals any home or employment telephone number, home or employment address, or information about my personal assets, not be released or revealed through any public records disclosure by the Tequesta Police Department as contained in Section 119.07(3)(s), Florida State Statute. Signature Date 5 G.O. 12.6B Officer Name and I.D. 6