W. Va. Code R. § 149-7-10

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

Section 149-7-10 - Other On-Scene Assistance to Victims and Dependents

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

10.1.a. 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

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

10.2. 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 stalking.

10.3. Elderly victims or incapacitated adult victims.

10.3.a. When a victim of stalking is elderly or incapacitated adult or appears to be incapacitated, the law enforcement officer should attempt to provide and secure appropriate care and assistance for the well-being of the elderly or incapacitated adult.

10.3.b. If there is no one available to assist the elderly or incapacitated adult, the law enforcement officer should make an emergency referral to Adult Protective Services. The law enforcement officer should remain at the scene until the Adult Protective Services worker arrives, or should transport the elderly or incapacitated adult to a medical facility, or other appropriate place where the elderly or incapacitated adult can wait for the worker.

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

W. Va. Code R. § 149-7-10