A.        Purpose

To ensure that all Atlanta Police Officers are in compliance with the Victim Compensation as it reads in the Official Code of Georgia Annotated (O.C.G.A.) Title 17 Chapter 15-17.   The General Assembly declares it to be the policy of this state that victims of crimes should be accorded certain basic rights just as the accused are accorded certain basic rights.  Chapter 17 outlines the Victims’ Bill of Rights.  The following are excerpts from Title 17 that should refresh the officers’ memory.

B.        17-5-1 Declaration of purpose

The General Assembly recognizes that many innocent persons suffer personal physical injury, severe financial hardships, or death as a result of criminal acts.  The General Assembly finds and determines that there is a need for assistance for such victims of crime.  Accordingly, it is the General Assembly’s intent that under certain circumstance aid, care, and assistance be provided by the state for such victims of crime.

C.        17-15-5 Procedures for making claims for awards

(a)        A claim may be filed by a person eligible to receive an award, as provided in Code Section 17-15-7, or, if such person is a minor, by his parent or guardian.  In any case in which the person entitled to make a claim is mentally incompetent, the claim may be filed on his behalf by his guardian or such other individual authorized to administer his estate.

(b)        A claim must be filed by the claimant not later than one year after the occurrence of the crime upon which such claim is based or not later than one year after the death of the victim; provided, however, that, upon good cause shown, the board may extend that time for filing for a period not exceeding two years after such occurrence.  Claims shall be filed in the office of the board in person or by mail.

(c)        The claim shall be verified and shall contain the following:
 

(1)        A description of the date, nature, and circumstances of the crime;
 

(2)        A complete financial statement, including, but not limited to, the cost of medical care or burial expense, the loss of wages or support the victim the victim has incurred or will incur, any other emergency expenses incurred by the victim, and the extent to which the victim has been or may be indemnified for these expenses from any source;
 

(3)        When appropriate, a statement indicating the extent of any disability resulting from the injury incurred;
 

(4)        An authorization permitting the board to verify the contents of the application; and
 

(5)        Such other information as the board may require.

D.        17-15-8  Limitations on awards; determination of amount of award

(a)        No award may be made unless the board or directors find that;
 

(1)        A crime was committed;
 

(2)        The crime directly resulted in the victim’s physical injury, financial hardship as a result of the victim’s physical injury, or the victim’s death;
 

(3)        Police records show that the crime was promptly reported to the proper authorities.  In no case may an award be made where the police records show that such report was made more than 72 hours after the occurrence of such crime unless the board, for a good cause shown, finds the delay to have been justified; and
 

(4)        The applicant has pursued restitution rights against any person who committed the crime unless the board or director determines that such actions would not be feasible.  The board, upon finding that any claimant or award recipient has not fully cooperated with all law enforcement agencies, may deny, reduce, or withdraw any reward.
 

(b)        Any award made pursuant to this chapter may be in an amount not exceeding actual expenses, including indebtedness reasonably incurred for medical expenses, loss of wages, funeral expenses, mental health counseling, or support for dependents of a deceased victim necessary as a direct result of the injury or hardship upon which the claim is based.

E.         17-17-6  Information to be made available to victim upon initial contact by law enforcement and court personnel

(a)        Upon initial contact with a victim, all law enforcement and court personnel shall make available to the victim the following information written in plain language;
 

(1)        The possibility of pretrial release of the accused, the victim’s rights and role in the stages of the criminal justice process, and the means by which additional information about these stages can be obtained;
 

(2)        The availability of  victim compensation; and
 

(3)        The availability of community based victim service programs.

(b)        The Criminal Justice Coordinating Council is designated as the coordinating entity between various law enforcement agencies, the courts, and social service delivery agencies.  The Criminal Justice Coordinating Council shall develop and disseminate written information upon which law enforcement personnel may rely in disseminating the information required by this chapter.

F.         Criminal Justice Coordinating Council pamphlet

In accordance with the O.C.G.A. Title 17, victims of certain crimes must be provided with written information regarding their rights.  The Criminal Justice Coordinating Council has created a pamphlet that outlines the victims’ rights.  As Atlanta Police Officers’ we are required to provide the written information to the victim and document that fact in our police report, specifically in box 14 on the victim / witness section of the Atlanta Police Incident report. 

The pamphlet will now be available from the print shop for the precincts to keep the pamphlet in stock. 

G.         Summary

(a)        Title 17 of the O.C.G.A. outlines the victims’ rights and the officers’ responsibilities in

            regard to these rights.

(b)        The Criminal Justice Coordinating Council has created a pamphlet that, when given to

            the victim, fulfills the officers’ obligations.

(c)        The Atlanta Police Print Shop will now have the pamphlet for printing when the precincts

            need to restock.