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- Victim/Witness Assistance, G.O. 2.5.15 Page 1 ALBANY, NEW YORK POLICE DEPARTMENT 165 HENRY JOHNSON BOULEVARD ALBANY, NEW YORK 12210 VICTIM/WITNESS ASSISTANCE GENERAL ORDER NO: 2.5.15 Issue Date: September 4, 2015 Effective Date: March 1998 Revision Date: N/A CALEA: 55.1.1, 55.2.1, 55.2.2, 55.2.3, 55.2.4, 55.2.5 Volume 2: Logistics Chapter 5: Public Relations Distribution: All Personnel NYSLEAP: 29.4 Issuing Authority: Chief Eric Hawkins Page: 1 of 8 PURPOSE: The purpose of this policy is to establish procedures to protect and preserve the rights of all victims and witnesses; and to provide social assistance, referral, emotional support, and other help to victims and/or witnesses who are physically, financially, or emotionally harmed by crime. POLICY: It is the policy of the Albany Police Department to be committed to assisting victims and witnesses of crime in a fair, compassionate, and dignified manner. Department personnel shall ensure that victims and witnesses of crime are afforded all rights and entitlements provided by law. DEFINITIONS: Victim – A victim is an individual who suffers direct or threatened physical, and/or financial harm as the result of the commission or attempted commission of a criminal offense. Victims also include an individual's spouse or former spouse; intimate dating partner, past or present; parent, child, or the lawful representative of a victim who is deceased; and a minor, incompetent or physically or incapacitated. Witness – A witness is a person who has been, or is expected to be, summoned to testify for either the prosecution or defense, or who by reason of having relevant information is subject to be called or is likely to be called as a witness for the prosecution or defense, whether or not any action or proceeding has yet been commenced. All victims are witnesses. Victim Advocate – Victim advocate applies to a wide range of service providers, rape crisis counselors, social workers, victim witness providers within a prosecutor's office, and law enforcement officers, including departmental victim advocates. Depending on the primary functions of these different advocates, the levels of confidentiality and privilege vary and should be communicated to the victim. I. PRODEDURES A. The Albany Police Department recognizes the rights of victims and witnesses Eric Hawkins Chief of Police 1789 ---PAGE BREAK--- - Victim/Witness Assistance, G.O. 2.5.15 Page 2 and requires that department personnel comply with all applicable provisions of law regarding crime victim compensation and services, including Article 22 of the NYS Executive Law, Article 23 of the NYS Executive Law and the NYS Crime Victim's Bill of Rights. 1. Department personnel shall ensure the confidentiality of victims/witnesses and their role in case development to the extent consistent with applicable law. B. Personnel shall make every reasonable effort to assist victims and witnesses, and shall be aware of the available local and State crime victim and witness programs. Officers should be knowledgeable that victims and witnesses who suffer physical injury, disability, death, or financial hardship may be eligible to receive services from agencies, which include, but are not limited to the following: 1. Children and Family Services Unit - Domestic Violence Victim Advocates; 2. Albany County District Attorney’s Office; 3. Albany County Crime Victim and Sexual Violence Center and/or 4. New York State Office of Victim Services (OVS). C. The operates in conjunction with the Detective Division when interacting with, and assisting, victims and witnesses. 1. The works closely with the District Attorney’s Office. 2. Department personnel shall be knowledgeable on the types of assistance that is offered and should be aware of all available aid that is provided by the 3. It is the responsibility of all personnel assigned to a case to render appropriate assistance to victims and witnesses of crime, with particular attention to the needs of violent crime victims. 4. Support and assistance will be provided in a timely manner to assist the emotional and physical recovery of victims and witnesses. 5. To accomplish these objectives, minimize duplication of services, and enhance efficiency, department personnel assigned, along with members of the must ensure a high degree of cooperation between the Albany Police Department and other governmental and private entities providing victim services. a. This cooperation is essential and will be maintained through personal interaction with other victim advocates, membership in professional organizations, and participation in community functions. 5. The department’s Public Information Officer (PIO) shall work with the to keep the public and media informed concerning the department’s victim and witness assistance services. a. Community Service Officers (CSOs) shall also distribute victim and witness service related literature and agency brochures at assigned community functions. ---PAGE BREAK--- - Victim/Witness Assistance, G.O. 2.5.15 Page 3 D. The Albany Police Department shall make the following victim and witness assistance information available twenty-four (24) hours a day from a single point of contact: 1. Information supplied by other organizations, within the department’s jurisdiction: a. Referral information regarding governmental or private sector services for victims and witnesses can be located on the Albany Police Department’s Victim Rights Form, shown on pages 7 and 8 of this order. 2. Information supplied directly by this department: a. The department’s single point of contact for victim and witness assistance information is the Communications Center, as designated on the Albany Police Department’s Victim Rights Form. 3. An Albany Police Department Victim’s Rights Form shall be provided and explained to victim/witnesses by responding officers/detectives during the preliminary investigation process. E. Victim/witness assistance services rendered during the preliminary investigation shall be the responsibility of the officers/detectives assigned to the call, which shall include the following: 1. Provide the victim/witness information about applicable services, such as, medical attention, compensation programs or emergency financial assistance, and victim advocacy. a. In situations where the needs of the victim or witness cannot be addressed by law enforcement, the will serve as a referral center, directing those in need to the appropriate sources of assistance. b. The will act as liaison and referral for victims and witnesses regarding applicable services to include: i. Professional counseling; ii. Victim compensation; iii. Medical assistance; iv. Emergency financial assistance; v. Victim advocacy; and vi. Other sources of victim assistance that may be available. 2. Provide the victim/witness with the assigned incident number, and subsequent steps in processing the case, which shall include the following: a. Instructions on how to notify the reporting officer or investigating detective of any changes in information or additional information ---PAGE BREAK--- - Victim/Witness Assistance, G.O. 2.5.15 Page 4 regarding the case, as well as information regarding the status of the case. i. Department contact information and telephone numbers are located on the Albany Police Department Victims Rights Form. 3. Advise the victim/witness about what action should be taken should the the victim or witness be threatened or intimidated by the suspect, suspect's family, or suspect's companion(s). a. Any report of a victim or witness being threatened or intimidated shall be documented on a Standard Incident Report and referred to the Criminal Investigation Unit (CIU) or the Children and Family Services Unit, as appropriate, for investigation. i. In those instances where the victim or witness articulates specific, credible reasons for fearing intimidation or further victimization, the department shall render appropriate assistance to address their concerns. ii. The patrol shift supervisor shall assess the threat and determine whether an investigative supervisor needs to be advised, and if the victim/witness needs to be relocated for their safety. F. Upon arrest and post arrest of the suspect, department personnel shall follow guidelines outlined in Article 23 of the NYS Executive Law regarding victim/witness assistance services to be rendered which includes, but is not limited to: 1. Notifying the victim/witness of the suspect's arrest and charges. a. In many instances, such notification will not be possible; however, officers are encouraged to make such notifications when feasible. G. Victim/witness assistance services to be provided during the follow-up investigation, shall include at a minimum the following: 1. Re-contact the victim/witness periodically to determine whether needs are being met, specifically if the impact of the crime has been unusually severe and has triggered a high need for victim/witness assistance; 2. Explain to the victim or witness, in a clear and easily understandable manner, the procedures involved in the prosecution of their case and their role in those procedures, except in instances where victim or witness involvement would endanger or impede prosecution; 3. Ensure that lineups, interviews, and other required appearances are scheduled at the convenience of the victim or witness and, at the option of the department, facilitate transportation when requested or needed; 4. Assist the victim or witness in retrieving property taken as evidence, except for contraband, disputed property, and weapons used in the course of the crime, where permitted by law or rules of evidence if feasible; and ---PAGE BREAK--- - Victim/Witness Assistance, G.O. 2.5.15 Page 5 5. Assign a victim advocate, if available, to the victim or witness during the follow-up investigation. H. Victims of Sexual Assault: 1. In addition to the procedures outlined in this policy, victims of sexual assault shall be provided, in writing, the name, address, and telephone number of the nearest rape crisis center: a. Albany County Crime Victim and Sexual Violence Center 112 State Street – Room 1110 Albany, NY 12207 24 Hour Hotline (518) 447.7716 Administrative Office (518) 447.7100 or (518) 447.5500 i. This information is available on the present Albany Police Department Rights of Victims of Family Offenses Form. ii. Personnel shall provide the victim with a copy of said form, as well as advise the victim of the information contained therein. 2. For further information relating to sex crimes, personnel shall refer to GO 3.1.55 – Response to Sex Crimes. I. Trauma Response Team: 1. The City of Albany, in conjunction with the the State University of New York at Albany’s School of Social Welfare, and numerous service providers are collaborating on a Trauma Response Team (TRT). 2. The TRT will be mobilized based on exposure to traumatic incidents, such as shootings that occur in the City. 3. The TRT will work to serve the emotional and physical needs of victims, their families, witnesses, and the greater community in the aftermath of a shooting. 4. The connection between exposure to violence and the likelihood of committing acts of violence has been well documented. The TRT will address these issues by proactively reaching out to communities that are most in harm’s way. 5. The TRT will work to mitigate the aftereffects of violence and address on- going post traumatic stress suffered in the communities affected by violence. 6. The TRT will have a program administrator with a social work background. a. The TRT program administrator will work out of the and will be responsible for the following: i. Recruiting volunteers; ii. Ensuring the appropriate training of volunteers; iii. Representing the team at community events; and iv. Ensuring that available services meet the needs of all parties involved. ---PAGE BREAK--- - Victim/Witness Assistance, G.O. 2.5.15 Page 6 b. The anti-violence coordinator will liaison with the TRT program administrator and the to ensure implementation and execution. ---PAGE BREAK--- - Victim/Witness Assistance, G.O. 2.5.15 Page 7 ---PAGE BREAK--- - Victim/Witness Assistance, G.O. 2.5.15 Page 8