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HomeMy WebLinkAboutPolicy 146 Victim Witness Assistance R a OSHKOSH POLICE DEPARTMENT POLICY AND PROCEDURE TITLE: Victim/Witness Assistance POLICY SERIES: 146 Effective Date: August 15, 2023 Date Issued: August 15, 2023 Chief of Police: Dean Smith Date Signed: August 15, 2023 (signature on file) CALEA Standard: 55.1.1, 55.2.1, 55.2.2, 55.2.3, 55.2.4, 55.2.5 WILEAG Standard: 14.1.1. 14.1.2, 6.3.10 Statutory References: §165.68, §950.04 Review Date: August 10, 2023 Review By: Command Staff /PSD Lieutenant Rescinds Policy Dated: March 1, 2021 SECTION DESCRIPTION 146.01 General Policy 146.02 Definitions 146.03 Basic Rights of Victims and Witnesses 146.04 Duties of Responding Officers 146.05 Follow-Up Procedures 146.06 Training of Sworn Officers 146.07 Training of Volunteer Chaplains 146.08 Victim Information and Notification Everyday (VINE) Program 1 146.09 Safe At Home Program 146.10 Local Victim/Witness Support Programs Appendix A Information For Victims Of Crime In Wisconsin 146.01 GENERAL POLICY A. All members of the Oshkosh Police Department will ensure that victims and witnesses of crimes are treated with dignity, respect, fairness, compassion, courtesy, and sensitivity. The rights of victims and witnesses of crime shall be protected by our employees in a manner no less vigorous than the protection offered to criminal defendants. The department is committed to developing, implementing, and continuing victim/witness assistance programs and activities as set forth in Article I, section 9m of the Wisconsin Constitution (Marsy's Law), and other State of Wisconsin legislation involving Victim/Witness Rights. 146.02 DEFINITIONS A. Victim: 1. A person against whom an act is committed that would constitute a crime if committed by a competent adult. 2. If the person is deceased or is physically or emotionally unable to exercise his or her rights, the person's spouse, parent or legal guardian, sibling, child, person who resided with the deceased at the time of death, or other lawful representative. 3. If the person is a minor, the person's parent, legal guardian or custodian, or other lawful representative. 4. If the person is adjudicated incompetent, the person's legal guardian or other lawful representative. 5. "Victim" does not include the accused or a person who the court finds would not act in the best interest of a victim who is deceased, incompetent, minor, or 2 physically or emotionally unable to exercise his or her rights under this section. B. Witness: 1. A person who has been, or is expected to be, summoned to testify for the prosecution, or who, by reason of having relevant information, is subject to call or likely to be called as a witness for the prosecution, whether not nor any action or proceeding has yet to be commenced. 146.03 BASIC RIGHTS OF VICTIMS AND WITNESSES A. Victims of crime have the following basic rights defined in Wisconsin Statute 950: 1. To be treated with fairness, dignity and respect for your privacy. 2. To not have personal identifiers including email disclosed or used for a purpose unrelated to the official duties of an agency, employee or official. 3. To be informed of your rights and how to exercise those rights. 4. To information regarding the offender's release from custody. 5. To be notified of a decision not to prosecute if an arrest has been made. 6. To speak with (confer) the prosecutor representative upon your request, about the possible outcome of the case, potential plea agreements and sentencing options. 7. To attend court proceedings in the case. 8. To be notified of the time, date and place of upcoming court proceedings, if you so request. 9. To be provided with a waiting area separate from defense witnesses. 10. To a speedy disposition of the criminal case. 3 11. To have your interest considered when the court is deciding to grant a request for a delay (continuance). 12. To be notified if charges are dismissed. 13. To be accompanied to court by a service representative. This right is limited to specific types of crimes. 14. To ask for assistance with your employer if necessary, resulting from court appearances. 15. To request an order for, and to be given the results of, testing the offender for sexually transmitted diseases or HIV. This right is limited to specific types of crimes. 16. To provide a written or oral victim impact statement concerning the economic, physical and psychological effect of the crime upon you to be considered by the court at sentencing. 17. To have the impact of the crime on you included in a presentence investigation. 18. To be provided sentencing or dispositional information upon request. 19. To restitution as allowed by law. 20. To a civil judgment for unpaid restitution. 21. To compensation for certain expenses as allowed by law. 22. To have your property expeditiously returned when it is no longer needed as evidence. 23. To be notified of the offender's eligibility for parole and to have input into the parole making decision. 24. To be notified by the Department of Corrections of specific types of releases, escapes or confinements as provided by law. 4 25. To be notified of a pardon application to the governor and to make a written statement regarding the pardon application. 26. To contact the Department of Justice about any concerns you may have about your victim rights. B. The relationship between the Department and other similar agencies or organizations should be one of mutual cooperation for the welfare of the client. This liaison must be maintained through correspondence, telephone, or in person. This is at least to maintain accurate and up-to-date knowledge of services for proper referral and to maintain an ongoing channel of communication to facilitate cooperation and the most effective service. C. The Professional Standards Division Lieutenant will make information available at the Oshkosh Police Department complaint desk listing victim/witness services provided by the department and other agencies for people within the City of Oshkosh. Some of this information will be accessible in other languages and to those with disabilities. Additional translations or versions will be made available if the current versions do not meet the needs of the community. Information related to these services will also be offered through the Oshkosh Police Department Website. 146.04 DUTIES OF RESPONDING OFFICERS A. When responding to a crime scene, the officer must keep in mind that victims react differently to crime, but most may still be in shock and may be disorganized. B. If a victim's response seems inappropriate to the nature of the crime, the officer should take care to avoid reacting to the victim, but should maintain a professional demeanor. C. The duty chaplain may be called to the scene of a serious crime or any other time an officer and the victim or family member and friends believes it is necessary. The responding person is responsible for staying with the victim(s) until immediate physical and emotional needs are met. 5 D. The safety of victims is a priority of the Oshkosh Police Department because they are generally at a greater risk to be re-victimized. To mitigate this concern, the responding officer will provide appropriate assistance to victims or witnesses who have been threatened or who in the judgement of the agency express specific, credible reasons for fearing intimidation of further victimization. E. The responding officer is responsible for informing victims and witnesses of the following: 1. The availability of victim/witness services in the community such as counseling, compensation, and victim advocacy. a. Regarding victim advocacy, Officers shall act in accordance with §950.04—Accompaniment by a victim advocate and Policy 234.05(A)(5) —Sexual Assault Investigations. 2. Advise the victims and witnesses to immediately call the police if the suspect or suspect's companions threatens or intimidates them. 3. The case number of the victim's complaint, what case processing will be done and who to call for follow-up assistance. Provide a telephone number for the victims and witnesses to call for case status information. 4. Information concerning suspect arrest; such as, charges, custody status, changes thereto and bond information. F. If the incident being reported is a felony or misdemeanor,juvenile offenses, or could be prosecuted as a crime, the investigating officer shall: 1. Complete the first page of Information For Victims Of Crimes In Wisconsin and give the victim the form (pages 1-3). The issuance of the form shall be documented in the officer's report. 2. Complete the last page of Information For Victims Of Crimes In Wisconsin, titled Request For Victim Contact Information and give the route the form 6 with report paperwork (page 4). The completion of the form shall be documented in the officer's report. 3. If the report is taken over the phone, the investigating officer must offer the victim the option of having the rights read to them at that time or having the form mailed or e-mailed. If mailed, the investigating officer will place the form in an envelope, address it and place it into the outgoing mail tray near records area. Whether mailed or e-mailed, the completion and mailing of the form shall be documented in the officer's report. 4. In P1 Records, Officers shall document the issuance of the Information For Victims Of Crimes In Wisconsin form. Officers shall indicate in the Case Report (Victims tab) that the form has been issued, prior to submitting the report. 146.05 FOLLOW-UP PROCEDURES A. Each initial investigating Officer, SRO and Detective is responsible for following up on their assigned cases. When a case is assigned to a Detective or SRO for follow up, that person will also assume the responsibility of completing the duties listed below from the initial investigating Officer. The follow up duties shall include: 1. Informing victims which detective, if any, has been assigned to their case. 2. Informing victims if there is nothing more that can be done with their case and where to call should they come across additional information. 3. Informing victims when the case has been referred to the District Attorney's Office for possible prosecution. 4. Informing victims about eligibility for Crime Victim Compensation. 5. Obtaining any other information for which victims may have questions or concerns. The Telecommunication Officer will also have a resource list at the 7 front desk and may also answer the question and direct the person to the appropriate community resource. 6. When not an endangerment to successful prosecution, explanation to victims/witnesses the procedures involved in the prosecution of their cases and their role in those procedures. 7. Provision of necessary support and advocacy throughout the investigation and re-contact with the victim/witness periodically to determine whether needs are being met. 8. When feasible, scheduling of line-ups, interviews, and other required appearances at the convenience of the victim/witness and provision of transportation. 9. Coordination with the Property Custodian for prompt return of evidence which can be released by the agency. 146.06 TRAINING OF SWORN OFFICERS A. Newly hired officers will be trained by the Winnebago County District Attorney's Office Victim/Witness Coordinator in areas such as: Victim Rights, Crime Victim Compensation, and the Victim/Witness Program in general. 146.07 TRAINING OF VOLUNTEER CHAPLAINS A. All chaplains will receive the same training in victimization and the Victim/Witness services that the sworn officers receive. 146.08 VICTIM INFORMATION AND NOTIFICATION EVERYDAY (VINE) PROGRAM A. The Victim Information and Notification Everyday (VINE) system is available to anyone who wants to receive custody information about an offender. This is important for victims of crime, especially in situations where the victim is concerned for their safety once the offender is released. 8 B. During the initial investigation the officer will inform crime victims about the methods of registering with the VINE system. This can be done either by telephone at 1-888-944-8463 or online at Wisconsin VINE. C. The VINE system will send a notification, depending on which type the victim chooses, whenever the offender's custody status changes. A personal identification number (PIN) is required to access the telephone message. This PIN will be created when the victim registers for the VINE notifications. An operator is also available 24 hours per day at 1-888-944-8463 if VINE users need assistance. 146.09 SAFE AT HOME PROGRAM A. Safe at Home is a statewide address confidentiality program that provides victims of actual or threatened domestic abuse, child abuse, sexual assault, stalking, or trafficking, or those who fear for their physical safety with a legal substitute address to be used for both public and private purposes. The purpose of the substitute address is to shield the person from individuals who might threaten them or cause them harm. S. Safe at Home is governed by §165.68, Wis. Stats., and administered by the Wisconsin Department of Justice, Office of Crime Victim Services. C. Upon qualifying for the program, participants will receive an identification card from the Department of Justice that contains the participant's name, assigned address, and enrollment expiration date. Participants are instructed to present the identification card to anyone inquiring about their address and are permitted to use their assigned address in place of their actual address. The law requires both private and public entities to accept the assigned address. D. When an officer is presented with a Safe at Home identification card, he or she shall refrain from including the person's actual address in a report, and shall include the assigned address in its place. The report shall also indicate a "Safe at Home" identification card was presented. In the event jurisdiction must be established, officers shall use a generic reference that establishes jurisdiction; e.g., 9 "a residence in Oshkosh, located in Winnebago County." Again, the report should make reference to the Safe at Home program. E. Officers collecting information on a participant's actual residential, work, or school address shall treat that information as confidential. F. Should the need arise, officers can contact the Safe at Home program directly at to obtain the actual address of a program participant. G. Should an officer encounter a person he or she believes might be a good candidate for the Safe at Home program, the individual can be referred to the Wisconsin Department of Justice, Office of Crime Victim Services. H. In the event a public record request is made for a document pertaining to a Safe at Home participant, any reference to the Safe at Home program, as well as any information that might reveal an actual address for the participant, shall be redacted. I. Officers can get more information on Safe At Home at: 1. Training Bulletin Safe At Home 2. Training Bulletin Safe At Home Video 146.10 LOCAL VICTIM/WITNESS SUPPORT PROGRAMS A. CASA of the Fox Cities —provides advocacy for abused and neglected children in our local courts, with community volunteers, to achieve placement in safe and permanent homes. B. Children's Hospital of Wisconsin - Fox Valley Child Advocacy Center - provides comprehensive services in the form of specialized medical exams, forensic interviews, advocacy services and health screenings for children in out of home placements. 10 C. - provides domestic violence and abuse prevention services and support to families in crisis brought about by domestic violence. This service includes a shelter program, 24-hour crisis helpline, and emergency transportation. D. Reach Counseling Services, Inc. - provides mental health care committed to the understanding of and response to emotional, sexual and physical abuse. E. Sexual Assault Crisis Center — Fox Cities —provides counseling for all forms of sexual assault and abuse, including recent and past sexual assaults, incest, sexual harassment, and sexual exploitation. F. Winnebago County DA's Victim Services - provides information to the victim on their rights and informs them how to exercise their rights and services. G. Fox Cities Victim Crisis Response (VCR) Team - assist local law enforcement agencies and agency personnel in responding to the immediate needs of victims. 1. In certain circumstances, the seriousness of the crime, the emotional impact on the victim, or both,necessitate a more substantial response than satisfying the basic rights of the victim. In such situations, officers are encouraged to utilize the resources of the Fox Cities Victim Crisis Response (VCR) Team. 2. The primary goal of the VCR Team is to enhance the quality of justice by satisfying the emotional, social, and informational needs of crime victims and witnesses, and increasing the willingness of victims and witnesses to cooperate with police and prosecutors. 3. Members of the VCR Team have no statutory authority and are not to be considered law enforcement officers. Members of the VCR Team shall not interfere with any criminal investigation. 4. An officer will make a request for a VCR team through a supervisor, and a team of VCR volunteers will respond to a scene, the police department, or 11 other designated location to provide immediate support services and referral information to victims and witnesses. This assistance will include: a. Rendering emotional support, intervention services and reassurance for victims, witnesses and their families. b. Providing general information about investigative procedures. c. Providing information about the criminal justice system. d. Providing information and referral for emotional, legal, financial and social needs. e. Ensuring connection with other victim/witness assistance programs. 5. Officers may request the assistance of VCR volunteers whenever a victim or witness has experienced a significant incident involving a real or perceived threat to their personal safety or welfare, or a tragic personal loss specifically related to a crime. The request will be approved by a supervisor and the request will be made through the Communications Center. 6. When requesting VCR support, officers should be prepared to provide the following information: a. Name of the victim/witness and suspect, if available, with approval from the victim/witness; b. Location for the response, including address, telephone number and directions, if necessary, with the approval of the victim/witness; c. Type of incident; d. Any specific request from the officer at the scene; and e. A law enforcement contact person and phone number. 7. When a VCR volunteer responds to a scene, officers must assess risk factors and take appropriate steps to ensure the safety of the volunteer. a. If either the officer or volunteer feels the risk is too great to allow the VCR volunteers to remain on the scene, the officer will remain 12 until the service delivery is complete or the officer will provide an alternative, secure location, such as the police department. b. A key component in completing the risk assessment is whether the perpetrator is in custody or whether he or she continues to pose a threat. c. Any information that is shared with the VCR about a potential risk to the VCR should be immediately reported to an officer. In these instances, the VCR's should leave the residence or location of potential danger. 8. When a VCR volunteer is utilized, officers shall note the involvement in their report, but will not put their name or personal contact information in the report. 13