Loading...
HomeMy WebLinkAbout07 VICTIM BILL RIGHTS 03-21-05 AGENDA REPORT Agenda Item 7 Reviewed: / / AIL City Manager ~ Finance Director ~ MEETING DATE: MARCH 21, 2005 TO: FROM: WILLIAM A. HUSTON, CITY MANAGER SCOTT M. JORDAN, CHIEF OF POLICE SUBJECT: SUPPORT ESTABLISHMENT OF THE VICTIM'S BILL OF RIGHTS SUMMARY: Assemblymember Todd Spitzer and a victim advocate group, Victim Services Partnership (VSP) have joined together to promote awareness of victims' rights. Their goal is to show county-wide support of a Victim's Bill of Rights by national Crime Victims Rights Week observed from April 10-16, 2005. The Cities of Westminster, Laguna Niguel, Garden Grove, Laguna Woods, Orange, Rancho Santa Margarita, and San Clemente have already signed on in support of the distribution of a Victim's Bill of Rights. RECOMMENDATION: Adopt Resolution No. 05-50, supporting the establishment of a Victim's Bill of Rights. FISCAL IMPACT: The fiscal impact is unknown at this time, but should be minimal and can be absorbed in the Police Department's budget. BACKGROUND: Assemblymember Todd Spitzer is promoting a Victim's Bill of Rights and has been working on this issue with over 30 organizations in Orange County along with the District Attorney's office, Sheriff's Department, various law enforcement agencies, victim advocacy groups, and Community Services Programs (CSP) to name a few. On February 2, 2005, Assemblymember Spitzer and representatives from Victim Services Partnership (VSP) appeared before the Orange County Chiefs of Police and Sheriff's Association (OCCPSA) to request that cities support the establishment of a Victim's Bill of Rights. As originally proposed, local law enforcement agencies would be required to provide crime victims a copy of the Victim's Bill of Rights and refer victims of violent crime or those with a threat of violence to CSPNictim Support Services. After discussion among OCCPSA members, it was decided that a committee of five police chiefs meet to further discuss the issues and impacts and report back to the larger group at the following OCCPSA meeting to be held on March 2, 2005. Page 2 The OCCPSA sub-committee met and reported basic support to providing the absolute best possible service, assistance, and information to crime victims. However, more time is needed to thoroughly examine the issues and impacts in order to make the best possible recommendation. The attached resolution conforms in concept to the proposal made by the Victim Services Partnership. It also provides the necessary flexibility to implement the Victim's Bill of Rights, based on forthcoming recommendations from the OCCPSA. , jJ(~ /ì7 )~ Scott M. JordarV Chief of Police RESOLUTION NO. 05-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SUPPORTING THE ESTABLISHMENT OF A VICTIM'S BILL OF RIGHTS WHEREAS, Victims have the right to be treated with respect and dignity, and to be free from intimidation, harassment, or abuse; and WHEREAS, With the passage of Proposition 8 in 1982, the people of California declared that laws ensuring a bill of rights for victims, including safeguards in the criminal justice system are a matter of great statewide concern; and WHEREAS, It is necessary to improve the treatment of victims by assisting them in the difficult process of recovering from the criminal act, and to support and facilitate them as their cases proceed through the criminal justice process; and WHEREAS, While suspects are informed of their rights prior to questioning, crime victims are not presently informed of their statutory and constitutionally protected rights, and thus a Victim's Bill of Rights should be adopted and communicated to victims when appropriate, as follows: I. You have the right to remain vocal. You have the right to communicate with law enforcement and to make a victim impact statement to the court before sentencing of a felony offender. II. Any questions you have can and will be answered by law enforcement, the prosecution, or by victim support services. You have the right to information. Law enforcement and victim specialists will make every effort to answer any questions you may have. III. You have the right to be assisted by a victim advocate at all stages of the criminal proceedings. Victim advocates can help you with a variety of services including, but not limited to, assistance with: 1) receiving counseling; 2) the criminal proceedings; 3) interfacing with the prosecutor; 4) preparing a victim impact statement before sentencing of a felony offender; and 5) applying for address confidentiality in certain types of criminal cases. IV. You have the right to apply for restitution and return of property. In certain cases compensation is available to victims for crime-related losses, such as personal injury, counseling, lost wages, medical bills, funeral and burial expenses. Your victim advocate and the prosecution will assist you in this process. Resolution No. 05-50 Page 1 of 3 WHEREAS, The Victim's Bill of Rights is designed to immediately empower victims, which may be further enumerated through victim support and follow-up services. All efforts should be made to ensure a continuum of care for victims by increasing the communication between the various victim services providers; and WHEREAS, It is necessary to improve the treatment of victims of violent crimes or those threatened by violence by assisting them in the difficult process of recovering from the criminal act, and to support and facilitate them as their cases proceed through the criminal justice process; and THEREFORE BE IT RESOLVED that victims should be made aware of their rights and every effort should be made to promote a fluid transition from the time a person becomes a victim throughout the trial process and beyond in order to empower victims and ensure that they transition from victim to survivor and from survivor to victor. AND BE IT FURTHER RESOLVED by the City Council of the City of Tustin, supports the establishment of the Victim's Bill of Rights with the necessary flexibility to implement the program based on the forthcoming recommendations from the Orange County Chiefs of Police and Sheriff's Association. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on March 21, 2005. LOU BONE Mayor ATTEST: PAMELA STOKER City Clerk Resolution No. 05-50 Page 2 of 3 STATE OF CALIFORNIA) COUNTY OF ORANGE) 88 CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 05-50 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 21st day of March, 2005, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk Resolution No. 05-50 Page 3 of 3