Victim Rights

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FOX CITY POLICE DEPARTMENT
POLICY AND PROCEDURES

Effective Date
01-01-2008
Policy Number
Policy 5-8
Reevaluation Date
2011
No. of Pages
3
Subject
VICTIM RIGHTS
Special Instructions:
Replaces current policy Section III, Chapter VIII, dated 07-01-03

  1. PURPOSE

    The purpose of this policy is to establish procedures and responsibilities for the notification of crime victims of their rights under the law.

  2. POLICY

    It is the policy of the Fox City Police Department to uphold the rights of crime victims and to aid victims in the exercise of their rights as guaranteed by law.

  3. DEFINITIONS
  4. Crime:
    Conduct that is prohibited by State law and punishable by fine or imprisonment, or both; included are traffic crimes and delinquent acts committed by juveniles.

  5. PROCEDURES

    1. Notification to Crime Victims

      Wisconsin Statutes, Section 950.08(2g) requires that a law enforcement agency make reasonable attempts to provide certain information to crime victims advising them of their rights no later than 24 hours after a law enforcement agency has initial contact with a victim of a crime that the law enforcement agency is responsible for investigating. The information to be provided to victims is contained on the Fox City Victim Information form.

    2. Fox City Crime Victim Form

      1. Officers will complete this form, checking the “Fox City Police Department” box and indicating the case number, date of offense, and name of adult arrestee(s) if known. In the case of juveniles, the first name, last initial, and date of birth should be listed.

      2. The white copy of the form goes to the victim, and the yellow copy goes with the case report. In no case shall the form be given to the person charged with a crime.

      3. If the victim is a juvenile, the form should be given to the parent, custodian, or legal guardian.

      4. If the victim is deceased or otherwise incapacitated, the form should be given to a family member or person who resides with the actual victim.

      5. The Fox City Victim Information form may be issued to victims of ordinance violations.

    4. Criminal Acts Where Officers Are Dispatched to the Scene

      1. If it is determined that a crime has been committed, the officer shall complete a case report and personally deliver a Fox City Victim Information form to the victim or to the victim’s representative within 24 hours of initial contact with the victim.

      2. The form can be mailed to the victim if the officer is unable to personally deliver the Victim Information form; however, such mailing should take place within 24 hours of initial contact with the victim.

    6. Criminal Acts Where a Telephone Report Is Taken

      If it is determined that a crime has been committed, the employee taking the complaint shall complete a case report and mail the Fox City Victim Information form to the victim as soon as practical but within 24 hours.

    7. Intimidation of Witnesses

      1. Whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade any witness from attending or giving testimony at any trial, proceeding, or inquiry authorized by law, is guilty of intimidation of a witness. The case may be a misdemeanor or felony depending on the circumstances (Section 940.42 and 940.43, Wisconsin Statutes).

      2. If the victim of a crime or the witness to a crime reports that he or she has been subject to intimidation after reporting a crime, an officer will be dispatched to investigate.

      3. The officer will conduct a complete investigation, and if probable cause exists for an arrest for intimidation, an arrest will be made.

    9. Return of Victim Property

      1. Section 950.04(1v)(s) of Wisconsin Statutes specifies that victims and witnesses shall have any stolen or other personal property returned as soon as possible when no longer needed as evidence and attempts should be made to have property returned within 10 days of being taken. This provision does not apply to weapons, currency, contraband or property subject to evidentiary analysis, evidence subject to preservation under Section 968.205 of Wisconsin Statutes, or property of which ownership is disputed.

      2. Officers should consult with their supervisor and/or the District Attorney or the City Attorney’s office if uncertain as to whether or not property may be released.





This policy is for internal use only and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this policy, if proven, can only form the basis of a complaint by this department, and then only in a non-judicial administrative setting.