W. Va. Code R. § 149-7-5

Current through Register Vol. XLI, No. 49, December 6, 2024
Section 149-7-5 - Dispatcher Responsibilities
5.1. Dispatchers under the supervision of a law enforcement agency and communications and emergency operations centers shall dispatch stalking calls in the same manner as any other call for police assistance, in accordance with the priority criteria prescribed by generally applicable department procedures. Whenever possible, the dispatcher should assign a back-up unit.
5.2. The dispatcher receiving a stalking call should attempt to elicit from the caller, and should communicate to the responding law enforcement officer, as much of the following information, in the following order of importance, as time and exigencies of the reported incident allow:
5.2.a. The nature of the incident;
5.2.b. The address of the incident, including the apartment number or the name of the business, as appropriate;
5.2.c. A telephone number where the caller can be called back;
5.2.d. Whether weapons are involved or present and if so, where they are located;
5.2.e. Whether or not there are any injuries and whether or not an ambulance is needed;
5.2.f. A description of the accused and whether or not the accused is present and, if not, the most likely location, direction of flight, and mode of travel of the accused;
5.2.g. Whether other individuals, including children, are at the scene;
5.2.h. Whether any party is using or is under the influence of alcohol or drugs;
5.2.i. Whether a personal safety order or a domestic violence protective order is in effect and if it includes consent to enter the residence to enforce the protective order;
5.2.j. If the caller is the victim and in the residence, would they consent to entry;
5.2.k. Whether a criminal warrant is outstanding on the accused; and,
5.2.l. Whether the accused has been released on bail on a charge of a crime against a family or household member, including a family or household member who is a child, with any conditions on bail regarding contact with the victim or complainant.
5.3. If the caller is the victim, or if the caller is a witness to a stalking incident in progress, the dispatcher should keep the caller on the telephone and should relay ongoing information provided by the caller to the responding law enforcement officer. The dispatcher should tell the caller that help is on the way and when the police may arrive.
5.4. If the dispatcher has ready access to police department records, all information relevant to the situation shall be relayed to the officer. The dispatcher shall access the statewide domestic violence protective order database, and National Crime Information Center (NCIC), and other criminal and applicable information databases to determine whether the parties have been previously involved in similar incidents or whether there is a protective order or a personal safety order involving the parties in effect, and relay that information to the responding law enforcement officer.
5.5. If the dispatcher has reason to believe that the accused is on bail and if the dispatcher has ready access to magistrate court records that show whether there are conditions of bail, the dispatcher should consult the records and radio any relevant information to the responding law enforcement officer; including the existence of a protective order or a personal safety order prohibiting the possession of firearms.

W. Va. Code R. § 149-7-5