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- Domestic Violence, G.O. 3.8.20 Page 1 ALBANY, NEW YORK POLICE DEPARTMENT 165 HENRY JOHNSON BOULEVARD ALBANY, NEW YORK 12210 DOMESTIC VIOLENCE GENERAL ORDER NO: 3.8.20 Issue Date: February 17, 2017 Effective Date: March 1998 Revision Date: July 2, 2015 NYSLEAP: 29.4, 43.1, 44.1 Volume 3: Operations Chapter 8: Children and Family Services Unit Distribution: All Personnel Page: 1 of 15 Issuing Authority: Chief Eric Hawkins PURPOSE: The purpose of this policy is to establish procedures for officers responding to calls of domestic incidents, and to provide personnel with information regarding domestic violence that will assist in enforcing the law and to discourage future incidents of violence. POLICY: It is the policy of the Albany Police Department to reduce the incidents and severity of domestic violence by enforcing the laws, protecting victims of domestic violence, and providing victims with support through a combination of law enforcement and community services. The Albany Police Department will respond to every call involving a domestic dispute and ensure compliance with the provisions of the Family Protection and Domestic Violence Intervention Act of 1994, as amended, and any other statutory requirements affecting the law enforcement response to domestic incidents. I. DOMESTIC VIOLENCE A. Domestic violence is described as a pattern of coercive tactics, which are abusive, that are perpetrated by one person against another, as defined in Section 530.11 of New York State Criminal Procedure Law and Section 812 of the New York State Family Court Act, with the goal of establishing or maintaining power and control over the victim. Types of abuse include, but are not limited to: 1. Physical; 2. 3. Sexual; 4. Economic; and 5. Emotional. B. Domestic abuse can be repeated and ongoing. It is important to recognize and understand when abusers are using coercive tactics, which often include: 1. Unreasonable and non-negotiable demands; 2. Stalking, surveillance, and unwanted contact; 3. Cruelty; 4. Destroying the partner’s other relationships and isolating her/him from Eric Hawkins Chief of Police 1789 ---PAGE BREAK--- - Domestic Violence, G.O. 3.8.20 Page 2 friends, family members, co-workers, or others; 5. Restricting daily activities; 6. Manipulation through minimization, denial, lies, promises, etc; 7. Threats and intimidation; 8. Sexual abuse and violence; and 9. Physical abuse. C. Some elements of the coercive tactics are clearly criminal acts. Other elements may be understood as abusive, but non-criminal conduct. Such coercive acts or petty offenses may not be crimes, but if they form a course of conduct which instills fear of physical injury or harm, they may warrant criminal charges. D. When criminal charges are present and an arrest is made, the arrest may: 1. Provide immediate safety for the victim and other members of the household; 2. Create a window of opportunity for the victim to identify options, develop a safety plan, gather resources and find support from family, friends, and domestic violence advocates; 3. Send an important message to children that violence and intimidation in the family is wrong and that someone cares about them and will act to protect them; and 4. Forms the first link in a chain of accountability that may include a combination of protective orders, civil and criminal penalties, treatment and batterers’ educational programs. E. Family or household members, as defined in Section 530.11 of New York State Criminal Procedure Law and Section 812 of the New York State Family Court Act, includes individuals who: 1. Persons related by consanguinity or affinity; 2. Persons legally married to one another; 3. Persons formerly married to one another, regardless of whether they still reside in the same household; 4. Persons who have a child in common, regardless of whether such persons have been married or have lived together at any time; 5. Persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship, regardless of whether such persons have lived together at any time. a. Intimate relationships do not necessarily have to be sexual in nature. Courts will look at the frequency and interactions between the persons, as well as the duration of the relationship. 6. Intimate partners, which may include: a. Heterosexual dating couples; b. Same sex couples; and c. Teen couples. F. The Albany Police Departments Children and Family Services Unit formed a ---PAGE BREAK--- - Domestic Violence, G.O. 3.8.20 Page 3 Domestic Violence Unit that has received additional training and specializes in domestic violence investigations to more adequately provide assistance to victims and witnesses. II. CALLS FOR DOMESTIC INCIDENTS A. Communication Procedures: 1. All domestic incident calls shall be handled as high priority. 2. Communications personnel shall dispatch at least two officers to domestic incidents. 3. Communications personnel shall not cancel the law enforcement response to a domestic incident call regardless of whether such a request is made by someone at the scene during the initial call or a follow up call. However, the dispatcher shall advise the responding officer(s) of the request. 4. A domestic incident call shall not be reclassified or recoded without a supervisor’s review. B. Techniques for handling the call : 1. A domestic incident call signifies that violence or abuse has potentially occurred and that people are in need of law enforcement assistance. 2. Further violence may be prevented by separating the disputants. 3. Officers shall make a visual check for weapons and attempt to locate all involved occupants. This may assure the officer’s safety, as well as that of the complainants. 4. Arrival on scene is part of the investigation, therefore, officers should be alert to the sights and sounds coming from the location, and that anything or anyone present may serve as evidence. Officers should wait for back up to arrive, when appropriate, and should always put officer safety first in order to be most helpful to the victim(s) and most able to hold any offenders accountable by taking control of the scene. C. Responding On-Scene Officer shall: 1. Take control of the situation by first separating the involved parties. 2. Take control of all weapons used or threatened to be used in the incident. 3. Locate and visually check all occupants of the location to verify their safety and well being, including children. 4. Where the victim is injured or claims to be injured, whether visible or not, the officer shall note the injuries and/or assist the victim in obtaining proper medical treatment request EMS to respond). 5. Interview all available witnesses separately, including victim(s), suspect(s) and children, when appropriate. 6. If the victim or other witnesses do not speak English or require accommodations such as a sign language interpreter, contact the local domestic violence service provider or seek other methods Language Line) for assistance in obtaining a translator/interpreter. a. Never use the children to translate or interpret. It can ---PAGE BREAK--- - Domestic Violence, G.O. 3.8.20 Page 4 compromise the child’s safety and expose them to details of the abuse that are inappropriate. b. Officers should also discourage the use of witnesses as translator because of their potential for bias. 7. After all interviews have been conducted, determine whether an offense has been committed, whether an arrest should be made, and whether other actions should be taken. 8. If an arrest is made, advise the victim that release of the suspect can occur at any time, so that the victim may take desired safety precautions. 9. Provide the victim with the phone number of the local domestic violence service provider and offer to facilitate that communication, by whatever means are available. 10. Provide the victim with an Albany Police Department Rights of Victims of Family Offenses Form, shown on pages 14 and 15 of this order. a. The APD Rights of Victims of Family Offense form provides information regarding victim/witness assistance supplied by the department directly, as well as referral information regarding services offered by both local governmental and private organizations (such as, compensation programs and victim advocacy). 11. When no arrest is made, officer(s) at the scene of a domestic disturbance shall remain at the scene until satisfied that the immediate threat of violence has passed and/or has exhausted all appropriate options to protect and assist the victim. Officers shall also advise the victim/witness about what actions to take if the suspect or the suspect’s companions or family threatens or otherwise intimidates him or her. 12. If the officer has reasonable cause to believe a crime has been committed, and the suspect is gone upon arrival, an attempt will be made to locate and arrest the offender, whenever appropriate. 13. In all cases of domestic incident where the department has been called to intercede, a NYS Domestic Incident Report (DIR), shown on pages 10 - 13 of this order, shall be completed along with an APD Rights of Victims of Family Offenses Form. a. If no prosecution is requested, the following shall be noted in the narrative of the DIR: “NO FURTHER POLICE INVOLVEMENT IS REQUESTED AT THIS TIME”. 14. If the complainant does not wish to pursue prosecution and refuses to write a statement at the time of incident, the officer is not to write “refused statement” on page 2 of the DIR (statement page). Instead the officer will write “I do not wish to write a statement at this time”. This will allow the victim to pursue the matter at a later date. 15. Pursuant to Section 140.10 of the New York State Criminal Procedure Law, officers shall not threaten to affect an arrest for the purpose of discouraging police intervention. 16. Officers shall provide the victim with the victim’s copy of the NYS Domestic Incident Report and APD Rights of Victims of Family Offenses ---PAGE BREAK--- - Domestic Violence, G.O. 3.8.20 Page 5 Form immediately upon its completion at the scene. a. Both the DIR and APD Rights of Victims Form shall contain the incident number, allowing the victim to reference their case in order to follow up with detectives or crime victim services. b. The APD Rights of Victims Form provides the victim with a list of both department and victim assistance telephone numbers they may call to report additional information regarding their case, or to receive information about the status of the case. i. Department personnel shall comply with all applicable provisions of law regarding crime victim compensation and services. 17. Advise all parties present about the serious nature of domestic violence, its potential for escalation, and of legal and human services assistance available. 18. Assess the immediate safety and welfare of the children. 19. When appropriate, officers must arrange for the transport of the victim to a shelter and assist with accommodation for victims of domestic violence and their children at available shelters or other places of safety. 20. If the officer is advised or becomes aware the offender is under probation or parole supervision, a copy of the DIR shall be sent to the local supervising probation office or the State Division of Parole, pursuant to their protocol. When possible, the officer should confirm receipt. III. DOMESTIC VIOLENCE ARREST POLICY A. In all situations involving domestic violence: 1. Officers are not required to affect an arrest when the officer reasonably believes a person’s conduct was justified under Article 35 of the NYS Penal Law. 2. Where an officer has reasonable cause to believe that an individual has committed a felony an assault causing serious physical injury) against a victim, the officer shall: b. Not attempt to reconcile the parties or mediate, but instead, shall arrest the offender, even if the victim requests otherwise. c. As soon as possible after the arrest, a sworn statement or deposition shall be taken from the complainant/victim along with a Domestic Violence Report. 3. Where an officer has reasonable cause to believe that an individual has committed a misdemeanor, or has committed a petty offense in the officer’s presence, the officer shall: a. Arrest the offender, unless the complainant requests otherwise. b. Additionally, when each individual has committed a misdemeanor, ---PAGE BREAK--- - Domestic Violence, G.O. 3.8.20 Page 6 the officer shall attempt to identify and arrest the primary physical aggressor, pursuant to Section 140.10 of the Criminal Procedure Law. c. Officers shall not ask the complainant whether they seek the arrest of the offender. Officers shall only advise the complainant of the available options. Should an arrest be affected, a sworn statement or deposition should be taken from the complainant. 4. When an officer has reasonable cause to believe that the terms of an order of protection have been violated, the officer shall: a. Not attempt to reconcile the parties or mediate, but instead, shall arrest the offender, even if the victim requests otherwise. b. The offender shall also be cited or charged with any other violations/crimes committed, such as assault, trespass, or harassment. 5. In cases where an arrest is to be made, officers are advised that Section 140.10 of the NYS CPL applies to summary police arrests for family offenses and other domestic violence crimes. A summary police arrest requires that the officer have reasonable cause to believe that an offense was committed by the person arrested. Also, a lesser offense MUST have been committed in the officer’s presence. Refer to Section 140.10 of the NYS CPL for geographic restrictions. 6. There is no requirement that a crime (felony or misdemeanor) occur in the officer’s presence. Consequently, a lawful arrest may, and often shall be, founded upon factors other than the officer’s observations, including but not limited to physical injury, property damage, signs of serious physical disruption and/or statements by the victim or other witnesses. When such probable cause exists, officers shall affect an arrest, as is specified in this policy. IV. CIVILIAN ARREST POLICY A. Criminal Summons Procedures: 1. The victim shall be afforded the opportunity to make a civilian arrest, pursuant to Section 140.30 of the NYS CPL. This may be a useful alternative for those situations in which a police officer is not permitted to make a summary arrest where he/she lacks probable cause or a petty offense was committed out of his presence). 2. In such cases, the officer shall inform the victim of his/her rights to make a civilian arrest. Should the victim decide to affect an arrest, the officer shall advise the victim affecting the arrest to bring the DIR and all assisting document down to South Station to sign a Court Information as soon as possible. The officer should also advise the victim/complainant of the time period and process of affecting such arrest (Criminal Summons). 3. Officers shall be cognizant of the language contained in Section 140.40 of the NYS CPL, regarding police duties with respect to all civilian arrest: a. Police Officer is NOT required to take an arrested person into ---PAGE BREAK--- - Domestic Violence, G.O. 3.8.20 Page 7 custody or take any other action prescribed in this section on behalf of the arresting person if he/she has reasonable cause to believe that the arrested person did not commit the alleged offense or that the arrest was otherwise unauthorized.” V. FAMILY OFFENSES A. Family offenses consist of the following: 1. Disorderly Conduct, per Family Court Act, Article 8, section 812. a. For purposes of Section 530.11 of the Criminal Procedure Law, “disorderly conduct” includes disorderly conduct not in a public place. 2. Harassment 1st degree and Harassment 2nd degree. 3. Aggravated Harassment 2nd degree. 4. Assault 2nd and 3rd degree. 5. Attempted Assault (all degrees). 6. Disorderly Conduct (includes disorderly conduct not in a public place). 7. Reckless Endangerment 1st and 2nd degree. 8. Menacing 2nd and 3rd degree. 9. Stalking 1st, 2nd, 3rd and 4th degree. 10. Criminal Mischief. 11. Sexual Misconduct. 12. Forcible Touching. 13. Sexual Abuse 3rd and 2nd degree. 14. Criminal Obstruction of Breathing or blood Circulation. 15. Strangulation 1st and 2nd degree. B. To be considered Family Offenses, the victim and offender must be: 1. Related by blood or marriage (including in-laws);or 2. Legally married to one another; or 3. Formerly married to one another; or 4. Have a child in common; or 5. Same sex couples; or 6. Persons not married, but living together in a relationship; or 7. Persons not married, but formerly lived together; or 8. Dating partners. C. If a family offense has been committed by one family member against another, the victim has the option of proceeding in either Family Court or Criminal Court, except when the respondent would not be criminally responsible by reason of age, pursuant to Section 30.00 of the Penal Law. In these cases, Family Court shall have exclusive jurisdiction over such proceeding. It shall be the police officer’s responsibility to inform the victim of these options. D. Officers are reminded that they have an official responsibility under Article 812 section 3 of the Family Court Act, which states, “No official or other person designated pursuant to subdivision two of this section shall discourage or prevent ---PAGE BREAK--- - Domestic Violence, G.O. 3.8.20 Page 8 any person who wishes to file a petition or sign a complaint from having access to any court for that purpose”. VI. ARREST PROCESSING FOR FAMILY OFFENSE ARRESTS A. Where the victim has elected to proceed in Family Court: 1. Advise the victim that it will be necessary for the victim to appear in Family Court to file a petition. a. If Family Court is in session, the petition must be filed immediately. b. If Family Court is not in session, the petition is to be filed on the morning of the next day when Family Court is in session. B. Where the victim has elected to proceed in Albany City Court (criminal portion): 1. The victim is not required to be present at arraignment; and 2. Booking guidelines shall be conducted, per current departmental directives. VII. DOMESTIC OFFENSES OTHER THAN FAMILY OFFESNSES A. Offenses which are not designated family offenses, such as attempted murder, rape, kidnapping and unlawful imprisonment, may occur in the domestic setting. These offenses, which include felonies, misdemeanors and violations, cannot be prosecuted in the Family Courts. Criminal Courts have sole jurisdiction over these acts. B. Violating an Order of Protection is not a designated family offense. Personnel shall refer to GO 3.8.15 - Orders of Protection for related procedures. VIII. APPEARANCE TICKETS/BAIL A. Regardless of whether a victim chooses Family or Criminal Court, appearance tickets will not be utilized unless extraordinary circumstances exist necessitating an appearance ticket. 1. Appearance tickets shall not be used whenever a defendant is charged with violating an Order of Protection or when the defendant is charged with a felony Family Offense. 2. If an appearance ticket is issued to a defendant who is charged with violating an Order of Protection or charged with a felony Family Offense, circumstances are to be explained in writing to the Chief of Police by IDC, as soon as possible after the issuance of the appearance ticket. 3. Maximum bail, as prescribed in Article 150 of the CPL is to be set on any non-felony family offense. IX. FOLLOW-UP INVESTIGATIVE STEPS A. Follow-up investigation steps shall be in accordance with department policies and procedures outlined in GO 3.5.05 – Criminal Investigations: Operations. ---PAGE BREAK--- - Domestic Violence, G.O. 3.8.20 Page 9 X. LINE-UPS/SHOW-UPS A. Line-ups and show-ups shall be in accordance with department policies and procedures outlined in GO 3.5.05 – Criminal Investigations: Operations. XI. AIDS FOR DETECTING DECEPTION A. Polygraph examinations shall be in accordance with department policies and procedures outlined in GO 3.5.05 – Criminal Investigations: Operations. XII. INFORMANTS A. Confidential informants shall be utilized in accordance with department policies and procedures outlined in GO 3.6.00 – Community Response Unit. ---PAGE BREAK--- - Domestic Violence, G.O. 3.8.20 Page 10 ---PAGE BREAK--- - Domestic Violence, G.O. 3.8.20 Page 11 ---PAGE BREAK--- - Domestic Violence, G.O. 3.8.20 Page 12 ---PAGE BREAK--- - Domestic Violence, G.O. 3.8.20 Page 13 ---PAGE BREAK--- - Domestic Violence, G.O. 3.8.20 Page 14 ---PAGE BREAK--- - Domestic Violence, G.O. 3.8.20 Page 15