W. Va. Code R. § 149-3-11

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 149-3-11 - Other On-Scene Assistance to Victims and Dependents

11.1. Whether or not an arrest is made, the responding law enforcement officer should not leave the scene of the incident until the situation is under control and the likelihood of immediate violence has been eliminated. The law enforcement officer should stand by for a reasonable period of time while victims or other persons desiring to leave gather necessities for short-term absences from residence, such as clothing, medication, and necessary documents.

11.2. Whether or not an arrest is made, the responding law enforcement officer is required by W. Va. Code § 48-27-702 and §48-27-101 et. seq to notify the victim orally or in writing of the availability of a local domestic violence program, crime victim compensation fund, and other services in the community, and civil and criminal remedies such as: the right to file for a protective order and the right to file a criminal complaint if there is a violation of an existing protective order.

11.3. If an arrest is made or an arrest warrant obtained, the law enforcement officer should:

11.3.1. Advise the victim of what will happen next, including the probability that the accused will be in custody for only a short period of time; and

11.3.2. Obtain from the victim information to be included in the arrest report indicating any special conditions of bond that should be requested at the initial appearance before the magistrate (i.e., places where the accused should be specifically prohibited from appearing).

11.4. The law enforcement officer responding to an alleged incident of abuse shall, in addition to providing the information required in subsection 11.2. of this rule, provide transportation for or facilitate transportation of the victim, upon the request of the victim, to a shelter or the appropriate court when there is reasonable cause to believe that a person is a victim of domestic violence or is likely to be a victim of domestic violence. Make reasonable efforts to assure victim safety.

11.5. When the law enforcement officer has a reasonable suspicion that an animal is a victim of cruel or inhumane treatment, he or she shall report the suspicion to the county humane officer within twenty-four hours of the response to the alleged incident of domestic violence.

11.6. Incapacitated or vulnerable adult victims.

11.6.1. The law enforcement officer should attempt to provide and secure appropriate care and assistance for the well-being of an incapacitated or vulnerable adult including referrals to licensed domestic violence programs and Adult Protective Services (as mandated in W.Va. Code § 9-6-9) when:

11.6.1.a. The accused is the sole caretaker and an arrest is indicated; or

11.6.1.b. The victim of domestic violence is the sole caretaker and the victim can no longer provide care (for example, when the victim is hospitalized).

11.6.2. If there is no one available to assist the incapacitated or vulnerable adult, or if the incapacitated or vulnerable adult appears not to be mentally alert, the law enforcement officer should make an emergency referral to Adult Protective Services. The law enforcement officer should remain at the residence until the Adult Protective Services worker arrives, or should transport the incapacitated or vulnerable adult to a medical facility, or other appropriate place where the incapacitated or vulnerable adult can wait for the worker.

11.6.3. In addition to providing the notification required by other provisions of this rule, the law enforcement officer should advise the incapacitated or vulnerable adult of the availability of protective services through Adult Protective Services.

W. Va. Code R. § 149-3-11