July 1, 2004 The Atlanta Police Department in collaboration with the Victim Witness Assistance Program, Inc. (VWAP) will provide comprehensive services to victims and witnesses of crimes in accordance with the Georgia Crime Victims’ Bill of Rights. VWAP advocates will assist investigating officers by their immediate presence on a crime scene and providing after-action aid to victims and witnesses pertinent to a criminal case.

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Atlanta Police Department

Policy Manual

 

 

 

 

 

 

 

 

 

Standard Operating

Procedure

 

Effective Date

October 26, 2010

 

APD.SOP.3100

 Victim Witness Assistance

Applicable To:  All employees and advocates

Approval Authority:  Chief George N. Turner

Signature:  Signed by GNT

Date Signed:  10/20/10

 

Table of Content
 

1.          PURPOSE  PAGEREF _Toc275865530 \h 1

2.          POLICY   PAGEREF _Toc275865531 \h 1

3.          RESPONSIBILITIES  PAGEREF _Toc275865532 \h 1

4.          ACTION  PAGEREF _Toc275865533 \h 2

4.1           Victim Witness Assistance Program, Inc. (VWAP) PAGEREF _Toc275865534 \h 2

4.2           On-Scene Response  PAGEREF _Toc275865535 \h 3

 

4.3           Officer Referrals to VWAP Advocates  PAGEREF _Toc275865536 \h 4

4.4           Reporting Process  PAGEREF _Toc275865537 \h 6

5.          DEFINITIONS  PAGEREF _Toc275865538 \h 6

6.          CANCELLATIONS  PAGEREF _Toc275865539 \h 6

7.          REFERENCES  PAGEREF _Toc275865540 \h 7

 

1.               PURPOSE

 

The Atlanta Police Department in collaboration with the Victim Witness Assistance Program, Inc. (VWAP) will provide comprehensive services to victims and witnesses of crimes in accordance with the Georgia Crime Victims’ Bill of Rights.  VWAP advocates will assist investigating officers by providing after-action aid to victims and witnesses pertinent to a criminal case.

 

2.               POLICY

 

It is the policy of the Atlanta Police Department, in conjunction with VWAP’s mission, to provide follow-up assistance to persons who are victims or witnesses of crimes covered under the State of Georgia Crime Victims’ Bill of Rights.

 

3.               RESPONSIBILITIES

 

3.1              The Criminal Investigations Division (CID) and Field Operations Division (FOD) commanders will monitor the successful and consistent implementation of VWAP advocates into the Department’s first response procedures and the subsequent investigation.  He or she will monitor their division’s use of advocates and whether Departmental policy towards victims and witnesses is meeting or exceeding expectations.

 

3.2              The Support Services Division (SSD) commander will ensure VWAP advocates have access to logistical resources such as telephone lines, computer/internet access, proper identification, office furniture (i.e. desk, two chairs, file cabinet), and office space in the zone or section that allows for confidential discussions and secure file storage.

 

3.3              The zone and section commanders will implement VWAP advocates into the first response procedures of police officers and investigators handling crimes.  The commander will complete a semiannual analysis (January 1 and July 1) of the zone or section’s use of VWAP advocates, types of victimization VWAP aided, the type of services used, and the results from the service given. (CALEA 5th ed. standard 55.1.2)

3.4              Supervisors will ensure employees under their immediate supervision are aware of and utilize the services of VWAP advocates when they respond to and/or investigate reports of crimes.   He or she will also refer all applicable incident reports they review to advocates for possible victim or witness assistance, if not previously referred by the reporting officer or investigator.

 

3.5              Investigators and police officers will identify victims or witnesses of crimes who require the services of VWAP.  Officers will ensure that the victim or witness are aware of the Crime Victims’ Bill of Rights and VWAP regardless of whether the person wants to speak to an advocate or not. (CALEA 5th ed. standard 55.2.4e)

 

3.6              The VWAP Advocates will administer services based on VWAP’s mission statement and promulgated through Georgia statute. He or she will follow the guidelines as outlined in the Memorandum of Understanding and adhere to all Departmental policy and procedures.

 

3.7              The Training Unit will develop advocate and officer training related to the integration of VWAP into the Department.  The Police Academy will train VWAP advocates on the policy and procedures of the Department that will affect their inclusion on a crime scene and the subsequent investigation.  The section will also ensure that police and recruit officers are aware of the VWAP mission, the Crime Victims’ Bill of Rights, and the officer’s responsibility to connect advocates and the victim or witness of a crime.

 

3.8              The Public Affairs Unit will be responsible for preparing public service announcements informing the public and the media of VWAP and the Department’s policy in ensuring victim or witness assistance services. (CALEA 5th ed. standard 55.1.3c)

 

3.9              The Communications Section and EMU will ensure first responding officers and investigators have communication access to VWAP advocates via the hand-held radio, mobile data terminals, and the mobile radios.  The section will also maintain a list of current advocates and the VWAP main office phone number for officers, victims, or witnesses who are in need of services. (CALEA 5th ed. standard 55.2.1a)

 

3.10            The Tactical Crime Analysis Unit will be responsible for compiling a year-end report for the Chief and the Assistant Chief’s review by zone and citywide showing what services VWAP provided and the outcome of those services. (CALEA 5th ed. standard 55.1.2)

 

4.               ACTION

 

4.1              Victim Witness Assistance Program, Inc. (VWAP)

 

4.1.1           VWAP will have access to an office or desk in the zone precinct or section to facilitate working closely with first responders

 

4.1.2           The VWAP advocate will fulfill the MOU and “Service Protocol” by providing the following during the subsequent investigation (CALEA 5th ed. standard 55.1.3d):

 

1.    Offering immediate crisis intervention and counseling (CALEA 5th ed. standard 55.2.3a);

 

2.    Providing immediate follow up contact to referred victims (CALEA 5th ed. standard 55.2.4a);

 

3.    Making immediate referrals to appropriate shelter or safe houses;

 

4.    Making referrals to appropriate social service agencies;

5.    Assisting victims with Victim Compensation claims (CALEA 5th ed. standard 55.2.3a);

 

6.    Providing personal advocacy when appropriate (CALEA 5th ed. standard 55.2.3a);

 

7.    Creating safety plans when needed for all victims serviced (CALEA 5th ed. standard 55.2.3b);

 

8.    Making referrals for appropriate civil remedies;

 

9.    Compiling data on a weekly basis;

 

10.  Maintaining database records;

 

11.  Providing victims with timely information on the status of the defendant’s case and court proceeding (CALEA 5th ed. standards 55.2.4b; 55.2.5);

 

12.  Providing the victim or witness with printed material to document the services available, the steps in the criminal justice process, and contact information. (CALEA 5th ed. standards 55.2.1, 55.2.3, 55.2.4, and 55.2.5)

 

4.1.3           Advocates will receive instructions, guidance, and supervision from the zone or section commander and his or her designee regarding protocol and procedures for each specific zone or section.

 

4.1.4           All advocates working within the Department will answer directly to VWAP’s administration and adhere to VWAP’s chain of command in conjunction with the Criminal Justice Coordinating Council’s funding requirements. 

 

4.1.5           Hours of operation for VWAP advocates will consist of one shift based on the needs of the zones, generally 7:30AM-6:00PM, with flexibility for follow-up activity in court and with social services agencies. However, these hours may change based on the needs of the zone or section.  Additionally, a 24-hour VWAP emergency phone number will be available for zone officers, should the need for victim advocacy assistance arise after hours. (CALEA 5th ed. standard 55.2.1b)

 

4.1.6           On a daily basis, advocates will check the CJIS database for any incident reports that require a referral and have not been forwarded to them.

 

4.1.7           Advocates will have access to CJIS to conduct background checks and arrest information of a defendant in order to make informed referrals.

 

4.2              On-Scene Response

 

4.2.1           VWAP advocates will be identifiable by a City-issued identification card with “Victim Witness Assistance” or “VWAP” written in large text, their picture, their full name, and assigned unit number.  Advocates will wear either blue or white shirts with the VWAP emblem printed in the upper left-side, chest area. 

 

4.2.2           The identification card, visible at or above the waist and the shirt must be worn to gain access to where victims or witnesses are located.  Advocates will present their identification card upon request by an officer or investigator.

 

4.2.3           VWAP advocates will not approach or enter a scene until it has been rendered safe by the primary responding officer or investigator on the scene.  Before entering or speaking to victims or witnesses, the advocate will advise the on-scene supervisor and the primary (reporting) officer or investigator they are at the scene and ready to assist.  The primary (reporting) officer or investigator will inform the advocate when it is safe and appropriate for him or her to enter an area or to speak to victims or witnesses.

 

4.2.4           Advocates will provide a card to the victim or witness with information about VWAP services, the Crime Victims’ Bill of Rights, and the subsequent steps in the criminal justice process at the scene.  Advocates will also provide victims and witnesses with their direct contact information, along with the incident case number, for follow-up questions or information. (CALEA 5th ed. standards 55.2.3 c, d)

 

4.2.5           Upon speaking with a victim or a witness, if the advocate is given any information that is relevant to the criminal investigation, they will immediately report this to the primary (reporting) officer or investigator at the scene or as soon as possible after receiving the information.

 

4.2.6           VWAP advocates may be given to a subpoena to court by the primary officer or investigator if it is determined they are viable witnesses to statements made by victims or witnesses.  The subpoena mandates the advocate to appear in court.

 

4.2.7           VWAP advocates will adhere to APD.SOP.2010 “Work Rules” 4.1.14 “Confidentiality of Department Business”, 4.1.15 “Right To Know,” and APD.SOP.1060 “Public Affairs.” (CALEA 5th ed. standard 55.1.3b)

 

4.3              Officer Referrals to VWAP Advocates

                  (CALEA 5th ed. standard 55.1.3a)

 

4.3.1           First responders and investigators will refer victims and witnesses of crimes or other traumatic incidents to VWAP advocates when it is apparent they will need further aid and services beyond the immediate police presence. These referrals will be available to victims and witnesses 24 hours a day.  (CALEA 5th ed. standards 55.2.1b & 55.2.4e)

 

4.3.2           under OCGA. Title 17, Chapter 17 “Crime Victims’ Bill of Rights,” victims of certain crimes must be afforded certain basic rights just as the accused are afforded certain basic rights.  Therefore, the first responding officer will ensure the victim is aware of such rights and, through the partnership with VWAP; this will be done as soon as possible after the victimization.   Those basic rights for crime victims are: 

 

1.    Designate an immediate relative to act on their behalf (OCGA § 17-17-4);

 

2.    Receive prompt notification of the arrest, release, or possible release of the accused, provided the victim provides a landline telephone number (OCGA § 17-17-5 and 17-17-7);

 

3.    Compensation for certain expenses related to their victimization (OCGA §17-17-6);

 

4.    Access to available community based victim service programs (OCGA § 17-17-6);

 

5.    Information regarding the steps in the criminal case (OCGA § 17-17-6);

 

6.    Possibility of pretrial release of the accused (OCGA § 17-17-6);

 

7.    Express his or her opinion on the pending release of the accused (OCGA § 17-17-7);

 

8.    Confidentiality involving the release of personal information (OCGA § 17-17-10); and

 

9.    Express his or her opinions regarding the disposition of the case (OCGA § 17-17-11). (CALEA 5th ed. standard 55.1.1)

 

4.3.3           Those crimes covered by the Crime Victims’ Bill of Rights are:

 

1.

Homicide

9.

Burglary

 

 

 

 

2.

Assault and Battery

10

Arson

 

 

 

 

3.

Kidnapping, False Imprisonment

11.

Theft

 

 

 

 

4.

Reckless Conduct

12.

Armed Robbery

 

 

 

 

5.

Cruelty to Children

13.

Sexual Exploitation of a Child

 

 

 

 

6.

Feticide

14.

Homicide by Vehicle

 

 

 

 

7.

Stalking/Aggravated Stalking

15.

Feticide by Vehicle

 

 

4.3.4           VWAP advocates may be called to the scene of crimes as defined by OCGA § 19-13-1 “Family Violence” or whenever the primary officer or investigator believes a referral would be appropriate.  If an officer has specific, credible reasons to believe further immediate violence or victimization may occur then a supervisor will be contacted in conjunction with VWAP services.  Appropriate assistance (i.e. counseling, referrals, temporary relocation, temporary protective orders, and directed patrols) from VWAP resources or the Department will be given based upon the overall circumstances of the incident. (CALEA 5th ed. standards 55.2.2 & 55.2.3b)

 

4.3.5           When an officer is called to an incident involving victims or witnesses of a crime in section 4.3.3 or family violence, they will contact the appropriate VWAP advocate. (CALEA 5th ed. standard 55.2.1)

 

4.3.6           If a language barrier exists, then the primary officer or investigator may contact any VWAP advocate who can promptly assist.

 

4.3.6           The reporting officer will give each victim and witness a card with VWAP information: the advocate’s name, a direct advocate phone number, the incident case number, the reporting officer’s or investigator’s name, emergency contact number for VWAP assistance, the victim’s Bill of Rights, and the possible subsequent steps in the criminal justice process. (CALEA 5th ed. standards 55.2.1a & 55.2.3c)

 

4.3.7           The reporting officer or investigator will follow-up with advocates who have spoken to victims or witnesses for any relevant information given to him or her on the investigation. 

 

4.3.8           The reporting officer or investigator will indicate in the incident report that the victims and/or witnesses were provided VWAP contact information.

4.3.9           Notification of the next-of-kin involving deaths, the seriously injured, or the seriously ill will be handled by the ranking officer at the scene with the assistance of a chaplain, AVA advocate, or other relative or close friend of the victim. If the notification is outside of the Department’s jurisdiction, the ranking officer will contact the appropriate law enforcement agency through Communications to notify the next-of-kin and provide the family with information on contacting the investigating officer and the assigned AVA advocate. (CALEA 5th ed. standard 55.2.6)

 

4.4              Reporting Process

                  (CALEA 5th ed. standard 55.1.2)

 

4.4.1           VWAP advocates will prepare and provide a copy of the monthly service report to their respective zone or section commanders.  The monthly service report will cover at a minimum the major types of victimization serviced, an inventory of the information and service needs provided, and identification of unfulfilled needs or other appropriate needs to be met.

 

4.4.2           Zone or section commanders, along with their crime analyst, will compile the reports into an annual report (January 1) and forward them to the division commander for review by the end of the month.  The report will be maintained in the commander’s administrative files for three years.

 

4.4.3           The division commander will review the annual report and forward them to the Tactical Crime Analysis Unit to be compiled into year-end zone and citywide reports.  The final report will be forwarded to the Chief of Police, the Operations Chief, and the Planning and Research Unit commander for their review.

 

4.4.4           VWAP administration will forward a copy of its annual report to the Chief of Police and the Planning and Research Unit commander by January 31 of each New Year.

 

5.               DEFINITIONS

 

5.1              Advocates:  Those persons working within Victim Witness Assistance Program, Inc. (VWAP) who speak and support on behalf of victims of crimes covered under the Crime Victims’ Bill of Rights.

 

5.2              Crimes:  Those crimes identified under the Crime Victims’ Bill of Rights, Georgia Code Title 17, Chapter 17 and as defined under Family Violence, Georgia Code 19-13-1.

 

5.3              Family Violence:  The occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household: (1) Any felony; or (2) commission of offense of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.  The term ‘family violence’ will not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention. (OCGA § 19-13-1)

 

5.4              Primary (Reporting) Officer:  The officer first given the dispatch call from Communications, arrives on the scene, and conducts the subsequent on-scene investigation or relinquishes the case to an investigator.

 

6.               CANCELLATIONS

 

                  APD.SOP.3100 “Victim Witness Assistance” issued July 1, 2004

  

7.               REFERENCES

 

                  Commission on Accreditation for Law Enforcement Agencies, Standards 55.1.1, 55.1.2, 55.1.3, 55.2.1, 55.2.2, 55.2.3, 55.2.4, 55.2.5, and 55.2.6.

 

                  OCGA § Title 17, Chapter 17 “Crime Victims’ Bill of Rights”

 

                  OCGA § 19-13-1 “Family Violence” defined

 

                  Victim Witness Assistance Program, Inc. and the Atlanta Police Department Memorandum of Understanding, 2004 or later