GO 4-12.1 Victim Rights and Services.pdf

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 01-03-2024 SUBJECT: APPROVAL: NUMBER: Dale Coleman Chief of Police GO 4-12.1 REFERENCE: Victim Rights and Services AMENDS: GO 4-12.0 I. II. III. IV. V. VI. PURPOSE POLICY VICTIM RIGHTS AND SERVICES MARSY’S LAW USE OF VICTIM ADVOCATES TRAINING I....

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 01-03-2024 SUBJECT: APPROVAL: NUMBER: Dale Coleman Chief of Police GO 4-12.1 REFERENCE: Victim Rights and Services AMENDS: GO 4-12.0 I. II. III. IV. V. VI. PURPOSE POLICY VICTIM RIGHTS AND SERVICES MARSY’S LAW USE OF VICTIM ADVOCATES TRAINING I. PURPOSE RESCINDS: None The purpose of this order is to establish guidelines and procedures for all members in assisting victims and witnesses of crime. II. POLICY It is the policy of the Oviedo Police Department that all members strive to assist victims and witnesses in regaining their physical and emotional well-being, resolving their immediate crisis, ensuring that they are informed of their rights under the law and referring victims and witnesses to those agencies or services designed to address their particular needs. The rights of victims and witnesses will be respected, and they will be treated with fairness, compassion, and dignity. In an effort to comply with the laws of the state of Florida governing victims and witnesses of crimes, specifically Florida Statutes Chapter 960 and Florida Constitution Article I Section 16 “Marsy’s Law”, it shall be the policy of the Oviedo Police Department to aid victims and witnesses so that they may be informed of their rights and obtain services. Oviedo Police Department GO 4-12.1 Victim Rights and Services III. Page 2 of 4 VICTIM RIGHTS AND SERVICES A. Officers shall be responsible for informing victims and witnesses of the availability of victim/witness services. Members shall provide victims and witnesses with a business card with a QR code that will take them directly to the city’s website that will provide an online version of the department’s Victim’s Rights booklet and Marsy’s Law Request. As a secondary option, Members may still distribute an Oviedo Police Department “Victim’s Rights” booklet, Domestic Violence pamphlet, Sexual Battery pamphlet, and/or Victim/Witness Services form from the Office of the State Attorney as appropriate or when the victim or witness does not have internet access. B. Officers shall indicate in the narrative of the incident report that the “Victim’s Rights” business card with QR code or booklet was provided. C. Officers shall provide victims and witnesses with information on steps available to law enforcement to protect the victims or witnesses from intimidation. The information will be provided in the same manner as that relating to services of victims. The notification will include the advisement that it is a felony to tamper with or threaten a witness, and that law enforcement should be promptly contacted if a possible violation has occurred. D. When possible, officers shall advise the victim that an offender has been arrested. It is the responsibility of officers to have the victim complete a victim notification form on certain crimes (to include domestic violence offenses, stalking, homicide, sexual offenses, or attempts at homicide and sexual offenses), indicating whether or not the victim desires to be advised of the offender’s release from confinement. The notification form will travel with the offender’s paperwork to the booking facility for prompt notification by that facility upon release of the accused. A notification shall be made to the victim by the booking facility in accordance with a victim notification process adopted by the booking facility. Law enforcement officers of the Oviedo Police Department shall provide assistance as requested by other responsible agencies in attempting to notify the victim of the offender’s release from confinement. E. Property of crime victims shall be promptly returned unless there is a compelling law enforcement reason for not returning it. F. Members shall provide assistance and information to victims and witnesses, whenever feasible, as long as it is not detrimental to the investigation and prosecution of the case. GO 4-12.1 Victim Rights and Services Oviedo Police Department GO 4-12.1 Victim Rights and Services IV. Page 3 of 4 MARSY’S LAW A. Marsy’s Law extends the following right to all crime victims: “The right to prevent disclosure of information or records that could be used to locate or harass the victim or the victim’s family, or which could disclose confidential or privileged information of the victim.” B. The department has implemented both a Marsy’s Law insert within the “Victim’s Rights” booklet and on the city’s website and A Notice of NonDisclosure form to be completed and signed by each victim that wishes to exercise their constitutional right to not have their information disclosed. If the victim is a juvenile, the form must be signed by a parent or guardian. C. The following procedures shall be followed to further comply with the law: 1. If a victim chooses to submit a Non-Disclosure form, the following shall occur: a. The receiving officer MUST complete a supplemental report to the report for which the request is being made. b. The “Non-Disclosure” box in Café is to be checked within the victim’s information section, under the case number that non-disclosure is being elected. NOTE: A separate request/Non-Disclosure form MUST be submitted for each case in which a person is listed as a victim. By checking the “Non-Disclosure” box in the person section, it will automatically redact the victim’s identifying information, except for the victim’s name, in the event the report is printed. c. 2. The supplemental report and Non-Disclosure form shall be forwarded to Records. Officers are responsible for ensuring that they have copies of the Non-Disclosure form with them in the event a victim elects to exercise their constitutional right at the time the initial report is taken. Officers are not required to hand out the forms unless requested. GO 4-12.1 Victim Rights and Services Oviedo Police Department GO 4-12.1 Victim Rights and Services V. VI. Page 4 of 4 USE OF VICTIM ADVOCATES A. The Seminole County Sheriff’s Office provides victim’s advocate services for Seminole County. Department members shall utilize the services of Victims Advocates to assist victims. B. Members shall request a Victim Advocate through SCSO Communications. Appropriate use of victim’s advocate services shall include services for victims of sexual assaults, homicides, death investigations or notifications, traffic fatalities, industrial fatalities, child abuse or neglect, domestic violence, serious injury or accidents, and other types of violent crime resulting in physical, emotional, or psychological trauma to the victim or their family. TRAINING Department members will be provided with the latest information pertaining to victim’s rights and services available to them through the regularly scheduled inservice training dealing with Human Diversity and Domestic Violence Awareness. /s/ DHC ____________________________________ DALE COLEMAN CHIEF OF POLICE 01-03-2024 __________________ DATE GO 4-12.1 Victim Rights and Services