Hollywood Police Department SOP 243 PDF - Victim & Witness Assistance

SOP HOLLYWOOD POLICE DEPARTMENT...

SOP HOLLYWOOD POLICE DEPARTMENT #243 VICTIM & WITNESS ASSISTANCE ORIGINATION DATE: 11/01/2001 REVISED DATE: 08/04/2023 APPROVED: CHIEF OF POLICE, JEFF DEVLIN PURPOSE: The purpose of this SOP is to emphasize the needs of Victims and Witnesses of criminal and non-criminal incidents and the responsibilities of Department Members to provide support, information, and guidance for these individuals. SCOPE: This SOP applies to all Members of the Department. POLICY: Law Enforcement Officers are often in a unique position to provide assistance to Victims and Witnesses of crime and other traumatic incidents that may have both immediate and long- term impacts on their emotional recovery. Victims who feel treated with understanding and concern for their hardship and suffering more frequently become enthusiastic about cooperating with the investigation and assisting in the prosecution. Therefore, it is the policy of this Department to enhance the treatment of Victims, Witnesses, and Survivors of criminal and non-criminal crises by providing the assistance and services necessary to speed their physical and emotional recovery and to support and aid them as they continue to interact with the criminal justice system. INDEX: PROCEDURE:.............................................................................................................................................. 2 I. OFFICER RESPONSE AND EMOTIONAL SUPPORT............................................................................ 2 A. INITIAL RESPONSE:............................................................................................................................... 2 B. EMOTIONAL SUPPORT:.......................................................................................................................... 2 C. EDUCATION OF THE INVESTIGATIVE PROCESS:....................................................................................... 3 D. PROVIDE GENERAL INFORMATION.......................................................................................................... 3 E. OFFICERS REPORTING RESPONSIBILITIES.............................................................................................. 3 F. FOLLOW-UP INFORMATION:................................................................................................................... 3 II. STATE- MANDATED VICTIM AND WITNESS INFORMATION TO BE PROVIDED.............................. 4 A. INFORMATION REQUIREMENTS:............................................................................................................. 4 B. VICTIMS WHO ARE REQUIRED TO RECEIVE A VICTIM/WITNESS RIGHTS BROCHURE:................................. 4 C. PERSONS WHO ARE REQUIRED TO RECEIVE A LEGAL RIGHTS & REMEDIES BROCHURE:............................ 4 III. VICTIM/WITNESS RIGHTS BROCHURE......................................................................................... 4 A. AS A CRIME VICTIM, THE FLORIDA CONSTITUTION GUARANTEES YOU THE FOLLOWING RIGHTS: ARTICLE 1, SECTION 16(B), FLORIDA CONSTITUTION:..................................................................................................... 5 B. AS A CRIME VICTIM, YOU ARE AFFORDED THE FOLLOWING CONSTITUTIONAL RIGHTS UPON REQUEST:...... 5 SOP 243 Victim & Witness Assistance Page 1 of 14  C. ALL RIGHTS AFFORDED BY THE CONSTITUTION ARE ENFORCEABLE. ARTICLE 1, SECTION 16(C), FLORIDA CONSTITUTION:............................................................................................................................................ 6 D. ADDITIONAL VICTIMS’ RIGHTS UNDER FLORIDA STATUTES:..................................................................... 9 IV. MARSY’S LAW................................................................................................................................ 11 V.VICTIM/WITNESS ASSISTANCE AND RIGHTS................................................................................... 11 A. ASSISTING THE VICTIM/WITNESS:........................................................................................................ 11 B. VICTIM/WITNESS RIGHTS:................................................................................................................... 12 VI. VICTIMS NOTIFICATION WHEN A SUSPECT(S) IS RELEASED FROM JAIL............................ 12 A. FLORIDA STATUTE MANDATES:............................................................................................................ 12 B. ARRESTS:.......................................................................................................................................... 12 VII. DEPARTMENT VICTIM ADVOCATES........................................................................................... 12 A. DUTIES & RESPONSIBILITIES:.............................................................................................................. 12 B. VICTIM ADVOCATE CALL-OUT PROCEDURE:......................................................................................... 13 VIII. CATASTROPHIC EVENTS............................................................................................................. 13 A. IMPACT ON THE COMMUNITY:.............................................................................................................. 13 B. COMMUNITY CRISIS RESPONSE TEAM:................................................................................................ 13 IX. DEFINITIONS................................................................................................................................... 14 A. VICTIM:............................................................................................................................................ 14 B. WITNESS:........................................................................................................................................ 14 C. VICTIMS ADVOCATE...................................................................................................................... 14 PROCEDURE: I. OFFICER RESPONSE AND EMOTIONAL SUPPORT A. Initial Response: 1. Department Members responding to the scene of a crime will be responsible for the following: 2. Members will render emergency aid to Victims and summon medical assistance. 3. To reduce fear and promote Victim communication, Victim’s should be informed as soon as appropriate that they are no longer in immediate danger. 4. Recognizing that Victims often suffer physical and/or emotional shock, Members will assist them in making decisions and keep them informed of Police actions and requirements. 5. Arrangements should be made to have a relative, friend, or Departmental Chaplain or Victim Advocate join the Victim for emotional support and comfort, if possible. 6. Arrange for the transportation needs of the Victim, if possible. B. Emotional Support: To calm and assist the Victim in regaining composure, Members will: 1. Allow the Victim a reasonable period of time to express feelings and emotions while describing what happened during the incident. 2. Express empathy for the Victim and recognize and understand emotional reactions. 3. Provide reassurance that the Victim’s feelings are normal and understandable. SOP 243 Victim & Witness Assistance Page 2 of 14  4. Not be overly judgmental of: a. The Victim’s feelings and emotions; b. The apparent lack of feelings or emotions by the Victim; c. The Victim’s judgments or actions related to the incident. 5. Help redirect any self-blame and responsibility for the criminal act from the Victim to the perpetrator. 6. Emphasize your commitment and that of the Department to assist and work with the Victim. C. Education of the Investigative Process: Besides a traffic citation, most citizens have minimal contact with Law Enforcement and must be informed about the processes undertaken during a criminal investigation. Therefore, Members will: 1. Explain the processes that the Department may complete in an effort to preserve evidence. 2. Inform the Witnesses and Victims of the importance of their cooperation, now and in the future. 3. Inform the Victim of: a. Case filing procedures for not-in-custody misdemeanor crimes (except domestic violence). b. The future contact by the Criminal Investigation Division for most felony crimes. c. The primary stages of the Criminal Justice System. 4. Provide crime prevention advice and the availability of Crime Prevention Services from the Department D. Provide General Information Members will provide Victims and Witnesses with the following information when applicable: 1. Names and telephone numbers of Department Members assigned to investigate their case and encourage the Victim to report/request additional information and/or assistance. 2. Information on the Department’s Victims Advocate and Chaplain Services. 3. A Domestic Violence Rights and Remedies Brochure will be given immediately to all Victims of domestic violence. 4. Information on steps available to Law Enforcement Officers and State Attorneys to protect Victims and witnesses from intimidation, threats, or coercion. E. Officers Reporting Responsibilities The initial responding Officer is required to document in their Field Dictation Report that the appropriate brochure(s) were given to the Victim; a. Victim/Witness Rights Brochure b. Marsy’s Law Victims’ Rights Brochure c. Legal Rights and Remedies (Domestic/Dating Violence) F. Follow-up Information: Lack of information about case status is one of the most significant sources of dissatisfaction among Victims of crime and Victims’ survivors. Therefore, Members assigned to criminal investigations will make routine callbacks to determine whether the Victim has new information concerning the case, to ascertain whether the Victim needs assistance from outside sources or the Department, and to relay information relating to such matters as: SOP 243 Victim & Witness Assistance Page 3 of 14  1. The status of stolen, recovered, or removed property. 2. The arrest and detention of suspects and their pretrial release status. 3. The Victim’s possible eligibility for Victim compensation. 4. Court Restraining Orders. 5. The role of the Victim in the criminal or Juvenile Justice process, including what the Victim may expect from the system and what the system may expect from the Victim. II. STATE- MANDATED VICTIM AND WITNESS INFORMATION TO BE PROVIDED A. Information Requirements: In addition to our moral obligation to provide assistance to all Victims and witnesses of crime, 960.001 f.s. and 741.28 f.s., 741.29 f.s. mandates our Department to provide immediate and specific information to certain Victims in writing, which provides them with; referral information, information on their Rights and Remedies, and information about the Criminal Justice System and how the System can assist them. B. Victims who are Required to Receive a Victim/Witness Rights Brochure: Though all Victims of crime deserve the utmost attention, empathy, and respect, 960.001 f.s. and 741.28 f.s., 741.29 f.s. specifically requires the following Victims to receive the written brochure “Victim/Witness Right’s Brochure” (see Appendix A) from a Law Enforcement Agency: 1. The parent(s) or legal guardian(s) of a minor child who was a victim or witness to a criminal act. 2. A person who suffers personal physical injury as a result of a felony or misdemeanor offense. 3. A person less than 16 years of age who was present at the scene of a crime, saw or heard the crime, and suffered a psychiatric or psychological injury. 4. A person, whether injured or not, whom a forcible felony was committed against and who suffers a psychiatric or psychological injury as a direct result of the crime. 5. The Victim of, next of kin of, or designated contact person of a Victim of the following crimes: a. Homicide to include DUI, BUI, and/or Hit & Run traffic homicide. b. A Sexual offense pursuant to Chapter 794 Sexual Battery. c. Stalking d. Domestic Violence. 6. Any other Victim, witness, or citizen who may benefit from their content. C. Persons who are required to receive a Legal Rights & Remedies Brochure: The following persons will be given a Legal Rights & Remedies Brochure (see SOP #250 Domestic & Dating Violence Investigations Appendix B): 1. Any Victim of alleged domestic violence. 2. Any Victim of a stalking offense. 3. Any other Victim, Witness, or citizen who may benefit from their content. III. VICTIM/WITNESS RIGHTS BROCHURE In compliance with Chapter 960 & the “Guidelines for Fair Treatment of Victims and Witnesses in the Criminal Justice and Juvenile Systems,” the Department has developed, implemented, and maintained these Standing Operating Procedures for the use of its agency personnel, which are consistent with the above-stated act and s. 16(b), Art. I of the State Constitution and are designed to implement s. 16(b), Art. I of the State Constitution and to achieve the stated objectives outlined in 960.001 f.s. SOP 243 Victim & Witness Assistance Page 4 of 14  Agency personnel shall ensure, via the distribution of the Department’s Victim-Witness Rights Information Brochure at crime scenes, during criminal investigations, and in any other appropriate manner, that Victims & Witnesses are given, as a matter of course, and at the earliest possible time the below information. (see Victim-Witness Rights Brochure Appendix A.) A. As a Crime Victim, the Florida Constitution guarantees you the following rights: Article 1, Section 16(b), Florida Constitution:  The right to due process and to be treated with fairness and respect for your dignity.  The right to be free from intimidation, harassment, and abuse.  The right, within the judicial process, to be reasonably protected from the accused and any person acting on behalf of the accused. However, this is not intended to create a special relationship between the crime victim and any law enforcement agency or office absent a special relationship or duty as defined by Florida law.  The right to have your safety and welfare, as well as your family’s, considered when setting bail, including setting pretrial release conditions that could affect you or your family’s safety and welfare.  The right to prevent the disclosure of information or records that could be used to locate or harass you or your family or which could disclose your confidential or privileged information.  The right to the prompt return of your property when no longer needed as evidence in the case.  The right to full and timely restitution in every case and from each convicted offender for all losses you suffered, both directly and indirectly, because of the criminal conduct.  The right to proceedings free from unreasonable delay and to a prompt and final conclusion of the case and any related post-judgment proceedings. (In appropriate cases, the prosecutor may file a good faith demand for a speedy trial. In non-capital cases, all state- level appeals and post-conviction proceedings must be complete within two years and five years for capital cases unless the court enters an order with specific findings concerning why the court was unable to do so and the circumstances causing the delay.)  The right to be informed of your state constitutional rights and to be informed that you can seek the advice of an attorney with respect to your rights. B. As a Crime Victim, you are afforded the following Constitutional Rights upon request:  The right to reasonable, accurate, and timely notice of, and to be present at, all public proceedings involving the criminal conduct, including, but not limited to, trial, plea, sentencing, or adjudication, even if you will be a witness at the proceeding, notwithstanding any rule to the contrary. (For this purpose, consider providing the prosecutor an address, an email address, or a telephone number at which you can be reached quickly, and update this information during the pendency of your case.) You shall also be provided reasonable, accurate, and timely notice of any release or escape of the defendant or delinquent and any proceeding during which a right of yours is implicated.  The right to be heard in any public proceeding involving pretrial or other release from any form of legal constraint, plea, sentencing, adjudication, or parole, and any proceeding during which a right of yours is implicated.  The right to confer with the prosecuting attorney concerning any plea agreements, participation in pretrial diversion programs, release, restitution, sentencing, or any other disposition of the case. SOP 243 Victim & Witness Assistance Page 5 of 14   The right to provide information regarding the impact of the offender’s conduct on you and your family to the individual responsible for conducting any presentence investigation or compiling any presentence investigation report and to have any such information considered in any sentencing recommendations submitted to the court.  The right to receive a copy of any presentence report and any other report or record relevant to the exercise of a victim’s right, except for such portions made confidential or exempt by law.  The right to be informed of the conviction, sentence, adjudication, place and time of incarceration, or other disposition of the convicted offender, any scheduled release date of the offender, and the release of or the escape of the offender from custody.  The right to be informed of all postconviction processes and procedures, to participate in such processes and procedures, to provide information to the release authority to be considered before any release decision is made, and to be notified of any release decision regarding the offender. The parole or early release authority shall extend the right to be heard to any person harmed by the offender.  The right to be informed of clemency and expungement procedures, to provide information to the governor, the court, any clemency board, and other authority in these procedures, and to have that information considered before a clemency or expungement decision is made; and to be notified of such decision in advance of any release of the offender. C. All Rights afforded by the Constitution are enforceable. Article 1, Section 16(c), Florida Constitution: The victim, the retained attorney of the victim, a lawful representative of the victim, or the office of the state attorney upon request of the victim, may assert and seek enforcement of these rights and any other right afforded to a victim by law in any trial or appellate court, or before any other authority with jurisdiction over the case, as a matter of right. The court or other authority with jurisdiction shall act promptly on such a request, affording a remedy by due course of law for the violation of any right. The reasons for any decision regarding the disposition of your right shall be clearly stated on the record. ADULT CRIMINAL JUSTICE PROCESS The stages of the criminal justice system are as follows:  PRETRIAL After committing a crime: An offender may be arrested by a law enforcement officer. A court can issue an arrest warrant. A State Attorney’s Office may file an Information; or A grand jury may recommend charges by returning an Indictment or Presentment.  FIRST APPEARANCE - (Following the Arrest) If the defendant cannot post bond within hours of the arrest or has been arrested on a no-bond offense or committed a crime which requires a first appearance, the court holds a “first appearance” hearing. The Judge decides whether the defendant can be released and, if so, what conditions are necessary to protect you and the witnesses and the public.  INTAKE – If probable cause is found, the State Attorney’s Office may choose to file charges and summons the suspect into court. You may be required to meet with your State Attorney’s office. Law enforcement, prosecuting attorneys or any other government official cannot ask or require a victim of a sexual offense to submit to a polygraph examination or truth telling device as a condition of the investigation. SOP 243 Victim & Witness Assistance Page 6 of 14   FILING OF FORMAL CHARGES - The State Attorney’s Office may file formal charges after reviewing law enforcement arrest reports and within 21 days in certain circumstances. The State Attorney’s office has discretion whether to prosecute a person for a crime. The State Attorney’s Office must inform any victims of its decision.  ARRAIGNMENT - The accused is formally charged and enters a plea of guilty, not guilty, or no contest. The State Attorney’s Office will notify you of the arraignment date. You have the right to be present at the arraignment. In some cases, there will not be a formal arraignment hearing in court.  RELEASE HEARING (SETTING BOND) - If the defendant was unable to post a bond after the initial arrest, or if bond was not set, the defendant is entitled to a bond hearing. The State Attorney’s Office will notify you of the scheduled hearing, and you will have an opportunity to speak regarding the defendant’s release and conditions or have the State Attorney make known your wishes.  PRE-TRIAL CONFERENCE - There may be numerous pre-trial conferences (including case status conferences) that allow the court to ensure the case is progressing in a timely manner. You, as a victim, will receive notice of the hearing dates. You are not required to attend these hearings unless subpoenaed, but you have a right to be present, and a victim advocate or your attorney can accompany you or attend these proceedings on your behalf if you choose.  DISCOVERY (PREPARATION FOR TRIAL) - Subpoenas. You may receive a subpoena for trial, a deposition, and/or other hearings. A subpoena summons a person to appear at the time, date, and location specified. Depositions. The defendant’s attorney can issue a subpoena for you to appear for a deposition. You have the right to request a victim advocate from the government or non-profit sector to attend the deposition with you. You have the right, as a victim who is not incarcerated, to not be required to attend discovery depositions in any correctional facility.  PLEA NEGOTIATIONS - Many cases are settled through a plea negotiation where the defendant pleads guilty or no contest without a trial. The State Attorney’s Office must consult with the victim of a before finalizing the plea agreement with the defendant.  PRE-TRIAL INTERVENTION/DIVERSION PROGRAM - According to their discretion and office policy, the State Attorney’s Office may agree to utilize pretrial intervention and diversion programs.  PRE-TRIAL INTERVENTION PROGRAM. Defendants with no more than one nonviolent misdemeanor, who is charged with any misdemeanor or any third-degree felony, is eligible for release to the pretrial intervention program on approval of the administrator of the program and the consent of the victim, the State Attorney, and the judge. Successful completion of the program results in a dismissal of the charges.  DIVERSION PROGRAM. Diversion is similar to probation, where the defendant accepts responsibility for the offense and is released under supervision for six months to a year. During the program, the probation office supervises the defendant. You have a right to provide the State Attorney with your opinion on the defendant’s participation in the pretrial division program. SOP 243 Victim & Witness Assistance Page 7 of 14   TRIAL Generally, the prosecutor presents evidence to either the judge or a jury about the case. The defendant may be found guilty or not guilty. The process ends if the defendant is found not guilty. You, as a victim, may be called to testify. The State Attorney’s Office will assist you during this process. You cannot be excluded from any hearing, trial, or proceeding relating to the offense. Your rights involving the trial stage are listed in this brochure.  SENTENCING PRESENTENCE INVESTIGATION (PSI) - You have the right to provide information regarding the impact of the offender’s conduct on you and your family to the individual responsible for conducting and/or compiling the presentence investigation. You have a right to review the non-confidential portions of the presentence investigation prior to the sentencing hearing. SENTENCING HEARING - If the defendant is found or pleads guilty, the judge reviews sentencing guidelines, plea agreements, and other factors and determines what type of sentence the defendant should receive. You have a right to provide an oral and/or written victim impact statement (VIS) to the State Attorney’s Office at any time before the court imposes the sentence. NOTE: If the victim and the offender attend the same school, the victim’s parents have the right to attend the sentencing or disposition of the offender and request that the offender be required to attend a different school. (Sec. 960.001(1)(s), Florida Statutes) JUVENILE JUSTICE PROCESS  INTAKE - The process of determining where a child under the age of 18 will be placed until the case is resolved. There are three forms of detention status: home, non-secure or secure.  DIVERSION PROGRAMS – This is an alternative to trial where the juvenile is placed in a community-based program such as juvenile arbitration, juvenile alternative services program (JASP), or a treatment plan (Walker plan). If a juvenile successfully completes the diversion program, then the charges are generally dismissed.  FORMAL CHARGES - The filing of a petition in court by the State Attorney’s Office. The charge may be filed in either juvenile court or adult court, depending upon the crime and age of the offender.  ARRAIGNMENT - The accused is formally charged and enters a plea of guilty, not guilty, or no contest.  ADJUDICATORY HEARING - The trial of the juvenile, conducted in front of a judge. The judge will decide whether the juvenile committed the charged offense(s).  DISPOSITIONAL HEARING (SENTENCING) - When a juvenile is found to have committed a delinquent act, the court will hold a dispositional hearing to determine which sanctions to impose on the juvenile. The sanctions could range from community-based sanctions like probation and community services up to residential commitment. SOP 243 Victim & Witness Assistance Page 8 of 14   JUVENILES TRIED AS ADULTS - Juveniles who commit very serious crimes may be tried as adults. Juveniles who are prosecuted as adults may be sentenced to adult or juvenile sanctions. This is not an exhaustive overview of the criminal justice system but is meant as an overview for how the process works. Each court and case could have unique components. You may contact your State Attorney or law enforcement agency for more information regarding the stages of the criminal justice and juvenile justice processes. D. Additional Victims’ Rights under Florida Statutes:  You have the right to employ private counsel.  In some cases, you (or relatives where the victim is deceased) may be eligible for financial compensation from the State of Florida. Information regarding eligibility may be obtained from the State Attorney’s Office, local Witness Coordination Office (where available), law enforcement agency, or from the Bureau of Crimes Compensation, Office of the Attorney General - 1-800-226-6667, website: www.myfloridalegal.com/pages.nsf. The right to receive information on available crisis intervention services and local community services to, include counseling, shelter, legal assistance, or other types of help, depending on the particular circumstances. Telephone numbers of these services are provided at the end of this brochure. (sec. 960.001(1)(a)1, Florida Statutes)  The right to receive information regarding the stages of the criminal justice or juvenile justice processes and the way information about such stages may be obtained. (sec. 960.001(1)(a)4, Florida Statutes)  A victim who is incarcerated has the right, upon request, to be informed and submit written statements at all stages of the criminal and juvenile proceedings. (sec. 960.001(1)(a)6, Florida Statutes)  The right to receive information on the steps available to law enforcement and the State Attorney’s Office to protect you from intimidation and/or harassment. It is a third-degree felony to knowingly use intimidation or physical force; threaten another person or attempt to do so; engage in misleading conduct toward another person; or offer pecuniary benefit or gain to another person. If you are being threatened or intimidated, please contact the appropriate agency or any law enforcement officer. (Sec. 960.001(1)(c), Florida Statutes)  The right of the victim of domestic violence to be informed of the address confidentiality program administered through the Attorney General’s Office. You may contact the Attorney General’s Office at 1-800-226-6667. The State Attorney’s Office may assist with this paperwork if necessary. (sec. 960.001(1)(c), Florida Statutes)  The right of each victim, or witness, who has been scheduled to attend a criminal or juvenile justice proceeding to be notified as soon as possible by the agency or person scheduling his/her appearance of any change in scheduling which will affect the victim’s or witness’s appearance. (sec. 960.001(1)(d), Florida Statutes)  The right to receive advance notification of judicial and post-judicial proceedings relating to the case, including all proceedings or hearings relating to: The arrest of the accused. The release of the accused pending judicial proceedings and any modification of release condition to include release to community control or work release. SOP 243 Victim & Witness Assistance Page 9 of 14  Proceedings in the prosecution or petition for delinquency of the accused, including the filing of the accusatory instrument; the arraignment; disposition of the accusatory instrument; trial or adjudicatory hearing, sentencing or disposition hearing; appellate review; subsequent modification of sentence; collateral attack of a judgment; and when a term of imprisonment, detention, or involuntary commitment is imposed, the release of the defendant or juvenile offender from such imprisonment, detention or juvenile offender from such imprisonment; detention or commitment by expiration of sentence or parole and any meeting held to consider such release. (Sec. 960.001(1) (e), Florida Statutes  In addition to the provisions of sec. 921.143, Florida Statutes, 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 case involving 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 their views about: The release of the accused pending judicial proceedings. Plea Agreements. Participation in pretrial diversion programs. Sentencing of the accused.  The right to request that the State Attorney or law enforcement agency help you explain to employers and creditors that you may face additional burdens by taking time off from work to assist law enforcement and you may undergo serious financial strain either because of the crime or by cooperating with authorities. (sec. 960.001(1)(i), Florida Statutes)  Law Enforcement agencies and the State Attorney shall inform you of your right to request and receive restitution and of your rights of enforcement in the event an offender does not pay. The State Attorney shall seek your assistance in the documentation of your losses for the purpose of requesting and receiving restitution. If an order of restitution is converted to a civil lien or civil judgment against the defendant, the Clerk of Court’s office shall make available at their office, as well as on their website, information provided by the Secretary of State, the court, or The Florida Bar on enforcing the civil lien or judgment. The State Attorney shall inform you if and when restitution is ordered. (sec. 960.001(1)(j), Florida Statutes)  The right to receive reasonable consideration and assistance from employees of the State Attorney’s Office, Sheriff’s Office, or Police Department. When requested, you will be assisted in locating accessible transportation and parking and shall be directed to separate pretrial waiting areas when such facilities are available. When requested, you shall receive assistance in attempting to locate translators when practicable. (sec. 960.001(1)(n), Florida Statutes)  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. (Sec. 960.001 (q), Florida Statutes)  The right to request, in certain circumstances, that the offender be required to attend a different school than the victim or siblings of the victim. If the victim of an offense committed by a juvenile is a minor, the victim or any sibling of the victim attends or is eligible to attend the same school as that of the offender, the Department of Juvenile Justice or the Department of Corrections shall notify the victim’s parent or legal guardian of the right to attend the sentencing or disposition of the offender and request that the offender be required to attend a different school. (sec. 960.001(1)(s), Florida Statutes) SOP 243 Victim & Witness Assistance Page 10 of 14   The right of the victim who is not incarcerated to not be required to attend discovery depositions in any correctional facility. (sec. 960.001(6), Florida Statutes)  The statutory obligation of the victim, parent/guardian of a minor victim, or next of kin of a homicide victim, that any information gained pursuant to Chapter 960, Florida Statutes, regarding any case handled in juvenile court must not be revealed to any outside party, except as reasonably necessary in pursuit of legal remedies. (sec. 960.001(8), Florida Statutes)  The right to know in certain cases and at the earliest possible opportunity if the person charged with an offense has tested positive for hepatitis and human immunodeficiency virus (HIV) infection. In such cases, upon request of the victim or the victim’s legal guardian, or the parent or legal guardian of the victim if the victim is a minor, the court shall order such person to undergo hepatitis and HIV testing within 48 hours after the charging document is filed or 48 hours from the date of request. (Section 960.003, Florida Statutes)  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. (sec. 960.001(1)(u), Florida Statutes)  If a victim has been diagnosed with autism or an autism spectrum disorder, he or she, or the parent or guardian, has the right to request that a public safety official make a good faith effort to ensure that a related professional, such as a mental health counselor, special education instructor or clinical social worker be present for all interviews of the individual. All expenses related to the attendance of the professional at the interviews are the responsibility of the requesting victim, parent, or guardian; however, the defendant shall reimburse the victim for all expenses related to the attendance of the professional at the interviews, in addition to restitution and penalties provided by law. (sec. 943.0439, Florida Statutes)  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. (sec. 960.001(1)(v), Florida Statutes) IV. MARSY’S LAW To preserve and protect the right of crime victims to achieve justice, ensure a meaningful role throughout the Criminal and Juvenile Justice Systems for Crime Victims, and ensure that Crime Victims’ Rights and interests are respected and protected by law in a manner no less vigorous than protections afforded to criminal defendants and juvenile delinquents, every victim is entitled to certain rights, beginning at the time of his or her victimization. As such, Members will also provide Victims & Witnesses with a Departmental Marsy’s Law Crime Victim Rights Brochure, which further summarizes the provisions mentioned above in; Article 1, Section 16(b)(5), Florida Constitution should a Crime Victim desire to assert said rights created under Marsy’s Law to, include exempt from disclosure. (see Appendix B. & http://www.hollywoodfl.org/1156/Marsys-Law-Crime-Victims-Rights V. VICTIM/WITNESS ASSISTANCE AND RIGHTS A. Assisting the Victim/Witness: Department Members will assist Victims and witnesses as follows: 1. Each Victim or witness scheduled to attend a criminal or Juvenile Justice proceeding will be notified as soon as possible by the scheduling Agency of any change in scheduling which will affect their appearance. 2. Members will, at the request of the Victim or Witness, inform employers that the Victim or Witness’s cooperation in prosecuting the case may necessitate their absence from work. SOP 243 Victim & Witness Assistance Page 11 of 14  3. A Victim or witness, who, as a direct result of a crime or their cooperation in the investigation or prosecution of a crime, is subjected to serious financial strain, shall be assisted by Members of the Department in explaining to creditors the reasons for such serious financial difficulties. 4. The State Attorney’s Office will seek the assistance of the Victim in the documentation of the Victim’s losses for the purpose of requesting and receiving restitution. The State Attorney will inform the Victim if and when restitution is ordered. B. Victim/Witness Rights: Members will ensure that Victims and witnesses receive information regarding the following rights. 1. The rights of the Victim, 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. 2. The right to request a Victim Advocate’s presence during a deposition. 3. The right of an incarcerated Victim to be informed and to submit written statements at all crucial stages of the criminal proceedings. 4. The right of a Victim to prompt and timely disposition of the case to the extent that this right does not interfere with the constitutional rights of the accused. 5. Members will retain the property of crime Victims only when necessary as evidence for successful prosecution. The property will be returned as soon as possible after the investigation and prosecution is completed. 6. All additional Victim rights pursuant to 960.001 f.s. VI. VICTIMS NOTIFICATION WHEN A SUSPECT(S) IS RELEASED FROM JAIL A. Florida Statute Mandates: 960.001 f.s. mandates that within four hours following the release of a defendant on bail, the Sheriff’s Office and the Department of Corrections and Rehabilitation will attempt to notify Victims (and/or next of kin) who were victimized in any of the following offenses: 1. Homicide. 2. Sexual Offenses. 3. Attempted Murder or Attempted Sexual Offenses. 4. Stalking. 5. Domestic or Dating Violence. B. Arrests: When an Officer makes an arrest for any offense listed above, the arresting Officer must complete the Broward Sheriff’s Office Victim Notification Form (BSO RP #78) (see Appendix C). The original and a copy must be completed and forwarded with the Probable Cause Affidavit to the BSO Booking Desk. If a “Not In Custody” capias/warrant is obtained, the Victim Notification Form (original & one copy) must be presented to the State Attorney’s Office at the time of case filing. This Form will be completed and forwarded with the Probable Cause Affidavit, regardless of whether the Victim desires to be notified. VII. DEPARTMENT VICTIM ADVOCATES A. Duties & Responsibilities: The primary duties of the Department’s Victim Advocates are as follows: 1. Assisting the Investigating Officer by providing Victim support throughout the interview process. SOP 243 Victim & Witness Assistance Page 12 of 14  2. Assisting the Victim in obtaining emergency shelter, food, or alternative means of financial support. 3. Referring crime Victims to appropriate community resource agencies. 4. Providing and/or arranging for counseling services. 5. Establishing and maintaining liaison with community leaders and resource agencies. 6. Assisting victims who are involved in court proceedings. B. Victim Advocate Call-Out Procedure: If a Member believes a Victim requires immediate assistance, a Supervisor may authorize a call out of a Victim Advocate. 1. Victim Advocates are available on a 24-hour call-out schedule. 2. The Supervisor requesting the call out will advise the Victim Advocate of the location to respond. VIII. CATASTROPHIC EVENTS A. Impact on the Community: All disasters leave in their wake grief, terror, and rage that often debilitates their Victims. When an entire City, neighborhood, workforce, school community, or other collective group becomes the Victim, the level of suffering is often compounded. B. Community Crisis Response Team: The Community Crisis Response Team consists of victim advocates and/or specially trained Department Members trained in the N.O.V.A. (National Organization of Victim Assistance) crisis response model. 1. The Community Crisis Response Team, hereinafter referred to as CCRT, will provide an organized response and attend to the emotional consequence of exposure to a traumatic community event to reduce future negative effects. 2. The CCRT Coordinator and/or designee for the Hollywood Police Department will be contacted in any situation where a disaster has occurred that would have an impact on any given segment of the community. Relevant situations include: a. Terrorist Acts. b. Hurricanes. c. Mass Casualties. d. Plane Crash. e. Workplace Homicides. 3. The Coordinator and/or designee will determine the appropriate level of intervention and facilitate the response of personnel. 4. The Coordinator and/or designee may access additional support services, such as: a. The Broward Crisis Response Team. b. The Florida Crisis Response Team. c. The NOVA Team. d. The American Red Cross. 5. The CCRT Coordinator and/or designee will facilitate the establishment of a Compassion Center to serve as a central location to provide support services to the following entities: a. Victims b. Survivors SOP 243 Victim & Witness Assistance Page 13 of 14  c. Witnesses d. Emergency workers 6. The Crisis Response Team may also assist in facilitating notifications of death arising from catastrophic events. IX. DEFINITIONS A. VICTIM: A person who suffers physical, financial, or emotional harm as the direct result of a specified crime committed upon their person or property. The children, parents, or legal guardians of a homicide victim are also regarded as victims. B. WITNESS: A person having information or evidence relevant to a crime. C. VICTIMS ADVOCATE Specialized work that involves assisting Victims & Witnesses of crime through intervening actions and facilitating community services on the Victims & Witnesses behalf. Victim Advocates assist crime Victims & Witnesses by intervening and acting as an advocate and community resource facilitator. ATTACHMENTS: Appendix A: Victim-Witness Rights Brochure. Appendix B: Marsy’s Law Crime Victim’s Rights Brochure Appendix C: Legal Rights & Remedies Brochure (Domestic/Dating Violence) Appendix D: BSO Victim Notification Form. SOP 243 Victim & Witness Assistance Page 14 of 14  Police Chief Chris O’Brien VICTIMS’ RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: WHO IS A VICTIM? “A victim is a person who suffers direct or threatened physical, psychological, or financial harm as We realize that for many persons being a victim or witness to a crime is their first experience with the criminal justice and juvenile justice systems. As a victim or witness, you have certain rights a result of the commission or attempted commission of a crime or delinquent act or against whom the crime or delinquent act is committed. The term victim includes the victim’s lawful within the system. This brochure is being provided to assist with questions you may have regarding those rights. For further information regarding these rights, please contact the State 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 Attorney’s Office (SAO) and/or the appropriate law enforcement agency (LEA) handling your case. the interests of the victim. The term “victim” does not include the accused.” Article I, Section 16(b) (11), Florida Constitution OFFICER’S NAME & ID NUMBER: CASE NUMBER: ______________________________________________ Hollywood Police Department (954) 967-4411 This brochure provides an overview of the criminal justice process and your rights within this process. The person providing you this brochure may only handle a portion of the process. The last page of this brochure provides contact information for agencies that can assist you. 1 2 243 Appendix A  AS A CRIME VICTIM, THE FLORIDA CONSTITUTION GUARANTEES AS A CRIME VICTIM, YOU ARE AFFORDED THE FOLLOWING YOU THE FOLLOWING RIGHTS CONSTITUTIONAL RIGHTS UPON REQUEST Article 1, Section 16(b), Florida Constitution The right to reasonable, accurate, and timely notice of, and to be present at, all public proceedings involving the criminal conduct, including, but not limited to, trial, plea, The right to due process and to be treated with fairness and respect for your dignity. sentencing, or adjudication, even if you will be a witness at the proceeding, notwithstanding any rule to the contrary. (For this purpose, consider providing the The right to be free from intimidation, harassment, and abuse. prosecutor an address, an email address, or a telephone number at which you can be reached quickly, and update this information during the pendency of your case.) You shall also be provided reasonable, accurate, and timely notice of any release or escape of The right, within the judicial process, to be reasonably protected from the accused the defendant or delinquent, and any proceeding during which a right of yours is and any person acting on behalf of the accused. However, this is not intended to implicated. create a special relationship between the crime victim and any law enforcement agency or office absent a special relationship or duty as defined by Florida law. The right to be heard in any public proceeding involving pretrial or other release from any form of legal constraint, plea, sentencing, adjudication, or parole, and any proceeding The right to have your safety and welfare as well as your families considered when during which a right of yours is implicated. setting bail, including setting pretrial release conditions that could affect you or your family’s safety and welfare. The right to confer with the prosecuting attorney concerning any plea agreements, participation in pretrial diversion programs, release, restitution, sentencing, or any other The right to prevent the disclosure of information or records that could be used to disposition of the case. locate or harass you or your family, or which could disclose your confidential or privileged information. The right to provide information regarding the impact of the offender’s conduct on you and your family to the individual responsible for conducting any presentence The right to the prompt return of your property when no longer needed as evidence investigation or compiling any presentence investigation report, and to have any such in the case. information considered in any sentencing recommendations submitted to the court. The right to receive a copy of any presentence report, and any other report or record The right to full and timely restitution in every case and from each convicted relevant to the exercise of a victim’s right, except for such portions made confidential or offender for all losses you suffered, both directly and indirectly, because of the exempt by law. criminal conduct. The right to be informed of the conviction, sentence, adjudication, place and time of The right to proceedings free from unreasonable delay and to a prompt and final incarceration, or other disposition of the convicted offender, any scheduled release date conclusion of the case and any related post judgment proceedings. (In appropriate of the offender, and the release of or the escape of the offender from custody. cases, the prosecutor may file a good faith demand for a speedy trial. In non-capital cases, all state-level appeals and post-conviction proceedings must be complete within two years and five years for capital cases, unless the court enters an order The right to be informed of all postconviction processes and procedures, to participate in with specific findings concerning why the court was unable to do so and the such processes and procedures, to provide information to the release authority to be circumstances causing the delay.) considered before any release decision is made, and to be notified of any release decision regarding the offender. The parole or early release authority shall extend the right to be heard to any person harmed by the offender. The right to be informed of your state constitutional rights, and to be informed that you can seek the advice of an attorney with respect to your rights. The right to be informed of clemency and expungement procedures, to provide information to the governor, the court, any clemency board, and other authority in these procedures, and to have that information considered before a clemency or expungement decision is made; and to be notified of such decision in advance of any release of the offender. 3 4 243 Appendix A  ALL RIGHTS AFFORDED BY THE CONSTITUTION ARE ENFORCEABLE Article 1, section 16(c), Florida Constitution The victim, the retained attorney of the victim, a lawful representative of the victim, or the office of the state attorney upon request of the victim, may assert and seek enforcement of RELEASE HEARING (SETTING BOND) - If the defendant was unable to post a bond after the these rights and any other right afforded to a victim by law in any trial or appellate court, or initial arrest, or if bond was not set, the defendant is entitled to a bond hearing. The State before any other authority with jurisdiction over the case, as a matter of right. The court or Attorney’s Office will notify you of the scheduled hearing and you will have an opportunity to other authority with jurisdiction shall act promptly on such a request, affording a remedy by speak regarding the defendant’s release and conditions or have the State Attorney make due course of law for the violation of any right. The reasons for any decision regarding the known your wishes. disposition of your right shall be clearly stated on the record. PRE-TRIAL CONFERENCE - There may be numerous pre-trial conferences (including case ADULT CRIMINAL JUSTICE PROCESS status conferences) that allow the court to ensure the case is progressing in a timely manner. You, as a victim, will receive notice of the hearing dates. You are not required to attend these The stages of the criminal justice system are as follows: hearings, unless subpoenaed, but you have a right to be present and a victim advocate or your attorney can accompany you or attend these proceedings on your behalf, if you choose. PRETRIAL DISCOVERY (PREPARATION FOR TRIAL) - Subpoenas. You may receive a subpoena for trial, a deposition and/or other hearings. A After committing a crime: subpoena summons a person to appear at the time date and location specified. An offender may be arrested by a law enforcement officer. Depositions. The defendant’s attorney can issue a subpoena for you to appear for a A court can issue an arrest warrant. deposition. You have right to request a victim advocate from the government or non-profit A State Attorney’s Office may file an Information; or sector to attend the deposition with you. You have the right, as a victim who is not A grand jury may recommend charges by returning an Indictment or Presentment. incarcerated, to not be required to attend discovery depositions in any correctional facility. FIRST APPEARANCE - (Following the Arrest) If the defendant cannot post bond within hours PLEA NEGOTIATIONS - Many cases are settled through a plea negotiation where the of the arrest or has been arrested on a no bond offense, or committed a crime which requires defendant pleads guilty or no contest without a trial. The State Attorney’s Office must consult a first appearance, the court holds a “first appearance” hearing. The Judge decides whether with the victim of a before finalizing the plea agreement with the defendant. the defendant can be released and if so, what conditions are necessary to protect you and the witnesses and the public. PRE-TRIAL INTERVENTION/DIVERSION PROGRAM - According to their discretion and office policy, the State Attorney’s Office may agree to utilize pretrial intervention and diversion INTAKE – If probable cause is found, the State Attorney’s Office may choose to file charges and programs. summons the suspect into court. You may be required to meet with your State Attorney’s office. Law enforcement, prosecuting attorneys or any other government official cannot ask or require a PRE-TRIAL INTERVENTION PROGRAM. Defendants with no more than one nonviolent victim of a sexual offense to submit to a polygraph examination or truth telling device as a misdemeanor, who is charged with any misdemeanor or any third degree felony is eligible for condition of the investigation. release to the pretrial intervention program on approval of the administrator of the program and the consent of the victim, the State Attorney, and the judge. Successful completion of the FILING OF FORMAL CHARGES - The State Attorney’s Office may file formal charges after program results in a dismissal of the charges. reviewing law enforcement arrest reports, and within 21 days in certain circumstances. The State Attorney’s office has discretion whether to prosecute a person for a crime. The State DIVERSION PROGRAM. Diversion is similar to probation where the defendant accepts Attorney’s Office must inform any victims of its decision. responsibility for the offense and is released under supervision for six months to a year. During the program, the probation office supervises the defendant. You have a right to ARRAIGNMENT - The accused is formally charged and enters a plea of guilty, not guilty, or provide the State Attorney with your opinion on the defendant’s participation in the pretrial no contest. The State Attorney’s Office will notify you of the arraignment date. You have the division program. right to be present at the arraignment. In some cases, there will not be a formal arraignment hearing in court. 5 6 243 Appendix A  TRIAL ADJUDICATORY HEARING - The trial of the juvenile, conducted in front of a judge. The judge will decide whether the juvenile committed the charged offense(s). Generally, the prosecutor presents evidence to either the judge or a jury about the case. The defendant may be found guilty or not guilty. The process ends if the defendant is found not DISPOSITIONAL HEARING (SENTENCING) - When a juvenile is found to have committed a guilty. You, as a victim, may be called to testify. delinquent act, the court will hold a dispositional hearing to determine which sanctions to impose on the juvenile. The sanctions could range from community-based sanctions like The State Attorney’s Office will assist you during this process. You cannot be excluded from probation and community services up to residential commitment. any hearing, trial or proceeding relating to the offense. Your rights involving the trial stage are listed in this brochure. JUVENILES TRIED AS ADULTS - Juveniles who commit very serious crimes may be tried as SENTENCING adults. Juveniles who are prosecuted as adults may be sentenced to adult or juvenile sanctions. This is not an exhaustive overview of the criminal justice system but is meant as an overview for PRESENTENCE INVESTIGATION (PSI) - You have the right to provide information regarding how the process works. Each court and case could have unique components. You may contact the impact of the offender’s conduct on you and your family to the individual responsible for your State Attorney or law enforcement agency for more information regarding the stages of the conducting and/or compiling the presentence investigation. You have a right to review the criminal justice and juvenile justice processes. non-confidential portions of the presentence investigation prior to the sentencing hearing. SENTENCING HEARING - If the defendant is found or pleads guilty, the judge reviews ADDITIONAL VICTIMS RIGHTS UNDER FLORIDA STATUTES sentencing guidelines, plea agreements, and other factors and determines what type of sentence the defendant should receive. You have a right to provide an oral and/or written You have the right to employ private counsel victim impact statement (VIS) to the State Attorney’s Office at any time before the court imposes the sentence. In some cases, you (or relatives where the victim is deceased) may be eligible for financial compensation from the State of Florida. Information regarding eligibility may be obtained NOTE: If the victim and the offender attend the same school, the victim’s parents have the from the State Attorney’s Office, local Witness Coordination Office (where available), law right to attend the sentencing or disposition of the offender and request that the offender be enforcement agency or from the Bureau of Crimes Compensation, Office of the Attorney required to attend a different school. (Sec. 960.001(1)(s), Florida Statutes) General - 1-800-226-6667, website: www.myfloridalegal.com/pages.nsf. The right to receive information on available crisis intervention services and local community services JUVENILE JUSTICE PROCESS to include counseling, shelter, legal assistance, or other types of help, depending on the particular circumstances. Telephone numbers of these services are provided at the end INTAKE - The process of determining where a child under the age of 18 will be placed until the of this brochure. (sec. 960.001(1)(a)1, Florida Statutes) case is resolved. There are three forms of detention status: home, non-secure or secure. The right to receive information regarding the stages of the criminal justice or juvenile justice DIVERSION PROGRAMS – This is an alternative to trial where the juvenile is placed in a processes and the way information about such stages may be obtained. (sec. 960.001(1)(a)4, community- based program such as juvenile arbitration, juvenile alternative services program Florida Statutes) (JASP), or a treatment plan (Walker plan). If a juvenile successfully completes the diversion program, then the charges are generally dismissed. A victim who is incarcerated has the right, upon request, to be informed and submit written statements at all stages of the criminal and juvenile proceedings. (sec. 960.001(1)(a)6, Florida FORMAL CHARGES - The filing of a petition in court by the State Attorney’s Office. The Statutes) charge may be filed in either juvenile court or adult court, depending upon the crime and age of the offender. The right to receive information on the steps available to law enforcement and the State Attorney’s Office to protect you from intimidation and/or harassment. It is a third-degree ARRAIGNMENT - The accused is formally charged and enters a plea of guilty, not guilty, or felony to knowingly use intimidation or physical force; threaten another person or attempt to do so; engage in misleading conduct toward another person; or offer no contest. pecuniary benefit or gain to another person. If you are being threatened or intimidated, please contact the appropriate agency or any law enforcement officer. (Sec. 960.001(1)(c), Florida Statutes) 7 8 243 Appendix A  The right of the victim of domestic violence to be informed of the address confidentiality Law Enforcement agencies and the State Attorney shall inform you of your right to program administered through the Attorney General’s Office. You may contact the Attorney request and receive restitution and of your rights of enforcement in the event an offender General’s Office at 1-800-226-6667. The State Attorney’s Office may assist with this does not pay. The State Attorney shall seek your assistance in the documentation of your paperwork if necessary. (sec. 960.001(1)(c), Florida Statutes) losses for the purpose of requesting and receiving restitution. If an order of restitution is converted to a civil lien or civil judgment against the defendant, the Clerk of Court’s office The right of each victim, or witness, who has been scheduled to attend a criminal or shall make available at their office, as well as on their website, information provided by juvenile justice proceeding to be notified as soon as possible by the agency or person the Secretary of State, the court, or The Florida Bar on enforcing the civil lien or scheduling his/her appearance of any change in scheduling which will affect the victim’s judgment. The State Attorney shall inform you if and when restitution is ordered. (sec. or witness’s appearance. (sec. 960.001(1)(d), Florida Statutes) 960.001(1)(j), Florida Statutes) The right to receive advance notification of judicial and post judicial proceedings relating to The right to receive reasonable consideration and assistance from employees of the State the case, including all proceedings or hearings relating to: Attorney’s Office, Sheriff’s Office, or Police Department. When requested, you will be assisted in locating accessible transportation and parking and shall be directed to The arrest of the accused. separate pretrial waiting areas when such facilities are available. When requested, you shall receive assistance in attempting to locate translators when practicable. (sec. The release of the accused pending judicial proceedings, and any modification of release 960.001(1)(n), Florida Statutes) condition to include release to community control or work release. The right of the victim of a sexual offense to have the courtroom cleared, with certain Proceedings in the prosecution or petition for delinquency of the accused, including the filing exceptions during his or her testimony, regardless of the victim’s age or mental capacity. of the accusatory instrument; the arraignment; disposition of the accusatory instrument; trial (Sec. 960.001 (q), Florida Statutes) or adjudicatory hearing, sentencing or disposition hearing; appellate review; subsequent modification of sentence; collateral attack of a judgment; and when a term of imprisonment, The right to request, in certain circumstances that the offender be required to attend a detention, or involuntary commitment is imposed, the release of the defendant or juvenile different school than the victim or siblings of the victim. If the victim of an offense committed offender from such imprisonment, detention or juvenile offender from such imprisonment; by a juvenile is a minor, the victim or any sibling of the victim attends or is eligible to attend detention or commitment by expiration of sentence or parole and any meeting held to the same school as that of the offender, the Department of Juvenile Justice or the consider such release. (Sec. 960.001(1) (e), Florida Statutes Department of Corrections shall notify the victim’s parent or legal guardian of the right to attend the sentencing or disposition of the offender and request that the offender be In addition to the provisions of sec. 921.143, Florida Statutes, the rights of the victim of a required to attend a different school. (sec. 960.001(1)(s), Florida Statutes) felony involving physical or emotional injury or trauma, or in a case in which the victim is a minor child or in a case involving a homicide, the guardian or family of the victim shall The right of the victim who is not incarcerated to not be required to attend discovery be consulted by the State Attorney in order to obtain the views of the victim or family depositions in any correctional facility. (sec. 960.001(6), Florida Statutes) about the disposition of any criminal or juvenile case brought about as a result of such crime, including their views about: The statutory obligation of the victim, parent/guardian of a minor victim, or next of kin of a homicide victim, that any information gained pursuant to Chapter 960, Florida Statutes, The release of the accused pending judicial proceedings. regarding any case handled in juvenile court, must not be revealed to any outside party, Plea Agreements. except as reasonably necessary in pursuit of legal remedies. (sec. 960.001(8), Florida Participation in pretrial diversion programs. Statutes) Sentencing of the accused. The right to know in certain cases and at the earliest possible opportunity, if the person The right to request that the State Attorney or law enforcement agency help you charged with an offense has tested positive for hepatitis and human immunodeficiency explain to employers and creditors that you may face additional burdens by taking virus (HIV) infection. In such cases, upon request of the victim or the victim’s legal time off from work to assist law enforcement and you may undergo serious financial guardian, or the parent or legal guardian of the victim if the victim is a minor, the court strain either because of the crime or by cooperating with authorities. (sec. shall order such person to undergo hepatitis and HIV testing within 48 hours after the 960.001(1)(i), Florida Statutes) charging document is filed or 48 hours from the date of request. (Section 960.003, Florida Statutes) 9 10 243 Appendix A  The right of a victim of a sexual offense to request the presence of a victim advocate Social Service Agencies during the forensic medical examination. An advocate from a certified rape crisis center shall be permitted to attend any forensic medical examination. (sec. 960.001(1)(u), Florida 24 Hours Crisis and Information Statutes) 954-537-0211 If a victim has been diagnosed with autism or an autism spectrum disorder, he or she or Legal Aid of Broward County the parent or guardian, has the right to request that a public safety official make a good 954-765-8950 faith effort to ensure that a related professional, such as a mental health counselor, special education instructor or clinical social worker be present for all interviews of the Women in Distress Emergency Shelter individual. All expenses related to the attendance of the professional at the interviews 954-761-1133 are the responsibility of the requesting victim, parent or guardian; however, the defendant shall reimburse the victim for all expenses related to the attendance of the Women in Distress (Counseling) professional at the interviews, in addition to restitution and penalties provided by law. 954-760-9800 (sec. 943.0439, Florida Statutes) Guardian Ad Litem Program (Children) 954-831-6477 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 Catholic Community Services defendant, to be informed of (1) the person’s name and employer and (2) the fact that 305-275-6044 such person is acting on behalf of the defendant. (sec. 960.001(1)(v), Florida Statutes) Jewish Family Services 954-370-2140 REFERRAL NUMBERS Hispanic Unity 954-964-8884 Abuse Registry (Elderly and Children) Sexual Assault Treatment Center 1-800-962-2873 954-357-5775 State Attorney’s Office Crimes Compensation 954-831-6955 (Attorney General) 1-800-226-6667 State Attorney’s Office Victim Advocate www.myfloridalegal.com/pages.nsf 954-765-4133 Hollywood Police Department Victim Advocate Florida Bar Lawyer Referral Service 954-967-4411 1-800-342-8060 Law Enforcement Agency VINE (Broward Sherriff’s Office) 1-877-846-3435 954-765-4321 www.vinelink.com VINE provides custody status and criminal case information. (Florida Department of Corrections) Registration is required for this service. 850-488-5021 11 12 243 Appendix A  Alguacil/Jefe de Policía/ Chris O’Brien FOLLETO DE LOS DERECHOS DE LAS VÍCTIMAS ¿QUIÉN ES UNA VÍCTIMA? SUS DERECHOS COMO VÍCTIMA O TESTIGO: “Una víctima es una persona que sufre daño físico, psicológico o financiero directo o amenazado a través de una comisión o intento de cometer de un delito o acto delictivo o contra quien se comete el delito o acto delictivo. El término víctima incluye al representante legal de la víctima, el padre o Sabemos que para muchas personas ser víctima o testigo de un crimen es su primera experiencia guardián de un menor o el familiar más cercano de la víctima de homicidio, excepto si se con los sistemas de justicia penal y justicia juvenil. Como una víctima o testigo, usted tiene ciertos demuestra que el interés de dicha persona estaría en conflicto actual o potencial con los derechos dentro del sistema. Este folleto se proporciona para ayudarlos con preguntas que pueda intereses de la víctima. El término “víctima” no incluye al acusado.” Artículo I, Sección 16(b)(11), tener sobre esos derechos. Para obtener más información sobre esos derechos, comuníquese con Constitución de Florida la Oficina del Procurador Estatal (SAO) y / o la agencia policial (LEA) correspondiente que maneja su caso. NOMBRE Y NÚMERO DE IDENTIFICACIÓN DEL OFICIAL: __________________________ NÚMERO DE CASO: ______________________________________________ Hollywood Police Department (954) 967-4411 Este folleto ofrece un resumen del proceso de justicia penal y sus derechos dentro de este proceso. La persona que le proporcione este folleto solo puede encargarse de una parte del proceso. La última página de este folleto proporciona información de contacto de agencias que pueden ayudarlo. 1 2 243 Appendix A  COMO VÍCTIMA DE UN CRIMEN, LA CONSTITUCIÓN DE FLORIDA LE COMO VÍCTIMA DE UN CRIMEN, SE LE OTORGAN LOS GARANTIZA LOS SIGUIENTES DERECHOS SIGUIENTES DERECHOS CONSTITUCIONALES A PETICIÓN Artículo 1, Sección 16(b), Constitución de Florida El derecho a un aviso razonable, preciso y oportuno de, y estar presente en, todos los procedimientos públicos relacionados con la conducta criminal, incluidos, entre otros, el El derecho al debido proceso legal y a ser tratado con equidad y respeto por su dignidad. juicio, la declaración de culpabilidad, la sentencia o la adjudicación, incluso si usted será un testigo en el procedimiento, no obstante de cualquier regla en contrario. (Para este El derecho a estar libre de intimidación, acoso y abuso. propósito, considere proporcionarle al fiscal una dirección, una dirección de correo electrónico o un número de teléfono al que se le pueda contactar rápidamente, y El derecho, dentro del proceso judicial, de estar razonablemente protegido del acusado y actualice esta información durante el curso de su caso.) También se le proporcionará un cualquier persona que actúe en nombre del acusado. Sin embargo, esto no tiene la intención aviso razonable, preciso y oportuno de cualquier liberación o fuga del acusado o de crear una relación especial entre la víctima del crimen y cualquier agencia u oficina delincuente, y de cualquier procedimiento durante el cual esté implicado un derecho policial sin una relación o deber especial según lo define la ley de Florida. suyo. El derecho a que se tenga en cuenta su seguridad y bienestar, así como la de su familia, al El derecho a ser escuchado en cualquier procedimiento público implicando la previa al establecer la fianza, incluido el establecimiento de condiciones de liberación previo al juicio juicio u otra liberación de cualquier forma de restricción legal, declaración de culpabilidad, que podrían afectarle a usted o la seguridad y bienestar de su familia. sentencia, adjudicación o libertad condicional, y cualquier procedimiento durante el cual esté implicado un derecho suyo. El derecho a evitar la divulgación de información o registros que podrían utilizarse para ubicarlo o acosarlo a usted o su familia, o que podrían divulgar su información confidencial o El derecho a consultar con el fiscal sobre cualquier arreglo de declaración de culpabilidad, privilegiada. participación en programas de desvío previo al juicio, liberación, restitución, sentencia o cualquier otra disposición del caso. El derecho a la pronta devolución de su propiedad cuando ya no se necesite como prueba en el caso. El derecho a proporcionar información sobre el impacto de la conducta del delincuente en usted y su familia a la persona responsable de realizar cualquier investigación previa a la El derecho a la restitución total y oportuna en todos los casos y de cada delincuente sentencia o compilar cualquier informe de investigación previa a la sentencia, y a que condenado por todas las pérdidas que usted sufrió, tanto directo como indirectamente dicha información se considere en cualquier recomendación de sentencia presentada al debido a la conducta criminal. tribunal. El derecho a un proceso judicial libre de retrasos irrazonables y a una conclusión rápida y El derecho a recibir una copia de cualquier informe previo a la sentencia y cualquier otro definitiva del caso y de cualquier proceso posterior al juicio relacionado. (En casos informe o registro pertinente para el ejercicio del derecho de la víctima excepto aquellas apropiados, el fiscal puede presentar una demanda de buena fe para un juicio rápido. En los partes que sean confidenciales o estén exentas por ley. casos que no son de pena capital, todas las apelaciones a nivel estatal y los procedimientos posteriores a la condena deben completarse en un plazo de dos años y cinco años para los El derecho a ser informado de la condena, sentencia, adjudicación, lugar y hora de casos de pena capital, a menos que el tribunal emita una orden con determinaciones encarcelamiento u otra disposición del delincuente condenado, cualquier fecha específicas sobre porque el tribunal no pudo hacerlo y otras circunstancias causando el programada de liberación del delincuente y la liberación o la fuga del delincuente bajo retraso.) custodia. El derecho a estar informado de los derechos constitucionale