PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 3.9

Transcription

1 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 3.9 Issued Date: Effective Date: Updated Date: SUBJECT: DOMESTIC ABUSE AND VIOLENCE PLEAC 4.5.1(b,c,e), INDEX SECTION TITLE PAGE NUMBER 1 Policy 1 2 Police Power of Arrest 2 3 Petitions Seeking Relief and Orders 3 of the Court 4 Police Radio Procedure 3 5 Patrol Procedure 4 6 Arrest Decision Guide 9 (Decision Guide Flowcharts) 7 Operations Room Procedures 16 8 Patrol District Victim Assistance Officer s 17 (VAO) Responsibilities 9 Investigation Procedure Police Detention Unit Supervisor Procedure 20 Appendix A Domestic Violence and Police Officers Appendix B Domestic Violence Counseling and Referral List Appendix C Domestic Violence Response Report (75-48D) Illustration of Domestic Violence Report (75-48D) DIRECTIVE 3.9-1

2 \ PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 3.9 Issued Date: Effective Date: Updated Date: SUBJECT: DOMESTIC ABUSE AND VIOLENCE PLEAC (b,c,e), POLICY A. It is the policy of the Philadelphia Police Department to treat every act of domestic violence as a criminal offense, that merits a strong and swift police response in the same manner as all other requests for police assistance. Regardless of the extent of the victim s injuries, the nature of the victim/offender relationship, or the victim s reluctance to cooperate with responding officers, all sworn personnel responding to calls regarding domestic violence will render every necessary assistance to the victim(s), make arrests where warranted, and prepare a Domestic Violence Response Report (75-48D) detailing the specifics of the domestic violence offense/incident. B. In all cases involving suspected elder abuse, child abuse or neglect, a Special Victims Unit supervisor will be contacted immediately regarding procedures to be followed. If the victim requires immediate medical attention, police will contact the Special Victims Unit supervisor from the hospital. C. The Police Department Domestic Violence Response program is designed to improve our response to Domestic Violence incidents. This Program includes the use of the Domestic Violence Response Report (75-48D). This report will allow Police Department personnel to identify person(s) who are at risk for Domestic Violence. The procedures outlined in this directive will be adhered to. D. Police Officers will be required to complete, in its entirety, a Domestic Violence Response Report (75-48D) whenever they investigate a complaint or report of any incident, which shows a Domestic relationship between the parties involved. This form will be completed for every domestic related incident, whether or not an arrest is made at the time of the report. EXCEPTIONS: Homicides. In-District headquarters custody exchanges and service of PFA petitions and orders will continue to be completed on a DIRECTIVE 3.9-1

3 E. Any Domestic Violence Victim who requests a copy of their police report (75-48D) will be provided a copy of the report, free of charge and without delay, from either the district of occurrence or the Divisional Detectives. The victims are required to produce a copy of this report (75-48D) to receive the proper Victim Services, such as immediate shelter and housing. These victims will not be sent to City Hall, Department of Records, by police personnel to order these reports. This creates a delay in the access to Victim Services. *4 F. The Training and Education Services Bureau will ensure that all personnel are familiar with the provisions of this directive and the Pennsylvania Protection From Abuse Act. Instruction regarding this directive and protection from abuse will remain part of the recruit training curriculum. (PLEAC 4.5.1) 2. POLICE POWER OF ARREST A. Under the Crimes Code 2711, a police officer shall have the same right of arrest without a warrant as in a felony whenever they have probable cause to believe the defendant has violated 2504 (relating to involuntary manslaughter), 2701 (relating to simple assault), 2702 (a)(3), (4) and (5) (relating to aggravated assault) or 2705 (relating to recklessly endangering another person), 2706 (relating to terroristic threats) or 2709 (b) (relating to harassment and stalking) against a family or household member, although the offense did not take place in the presence of the police officer. B. Police officers may not arrest a person without first observing recent physical injury to the victim or other corroborative evidence. (Examples of corroborative evidence are statements from another party or signs of a recent struggle; such as overturned or broken furniture, etc.) C. Under the Protection From Abuse Act 6113, an arrest for violation of an order may be made without a warrant upon probable cause whether or not the violation is committed in the presence of the police officer. The police officer may verify, if necessary, the existence of a protection order by telephone, or radio communication with the appropriate police department, state or county registry, or issuing authority. Orders issued within Pennsylvania can be accessed through PCIC. A police officer shall arrest a defendant for violating an order issued under this chapter by a court within the judicial district, issued by a court in another judicial district within this Commonwealth, or issued by another state and registered pursuant to this chapter or verified through the Pennsylvania State Police Registry. Orders issued outside of Philadelphia are to be honored and enforced. These orders will be processed just as an order issued within Philadelphia. Orders issued outside of Pennsylvania can be accessed by running the parties through the NCIC system. DIRECTIVE 3.9-2

4 NOTE: For purposes of this subsection, the term family or household member has the meaning given in 23 PA CS 6102: Family or Household Member Spouses or persons who have been spouses, persons living as spouses or who have lived as spouses, parents or children or other persons related by consanguinity (by blood) or affinity (by law), current or former sexual or intimate partners, or persons that share biological parenthood. EXCEPTION: As a rule, roommates and rooming house disturbances will not fall into the Domestic category, unless they are related by blood or involves current or past intimacy. Example: two persons which lived together in a relationship or a couple separated, but still living together. D. Confiscation of Weapons and Ammunition as described in Section 5-A PETITIONS SEEKING RELIEF AND ORDERS OF THE COURT A. Petitions Seeking Relief 1. A person may file a petition seeking relief from abuse with the Court of Common Pleas at the Family Court Domestic Violence Unit located at 1501 Arch Street, or by contacting a private attorney. For further information or assistance, they may also contact the Philadelphia Domestic Violence Hotline at 1-(866) , twenty-four hours a day. 2. In emergency situations occurring before 8:00 AM and after 5:00 PM, Monday through Friday, on weekends, and legal holidays and any other times when the Common Pleas Court is closed, petitions may be filed at the Emergency Filing Site, Room B-3, Criminal Justice Center, 13th and Filbert Streets. B. Orders of the Court 1. A Common Pleas Court Judge may issue a Protection From Abuse (PFA) Order or an approved consent agreement which will be, in effect, for a fixed period of time, not to exceed thirty-six months unless extended by the court. 2. A Master may issue an Emergency Relief Order. Individuals who request emergency orders must be informed that the emergency order will expire on the next business day Family Court is open, they must pick up a Temporary Protection from Abuse Order and other documents from the Family Court Domestic Violence Unit on the next business day. DIRECTIVE 3.9-3

5 4. POLICE RADIO PROCEDURES A. The Police Radio call taker is the first contact a victim might have with police. The call taker will ask the following questions: 1. What is the location? (Address, including apartment number and entrance code if applicable.) 2. Are there any injuries? (If so, Fire Rescue will be notified.) 3. Is the suspect on location? 4. Are there any weapons involved? 5. Do you have or have you had a Protection From Abuse Order? 6. What is your relationship to the person causing the disturbance? 7. Ask for the description of the offender involved. 8. Are there children involved? If so, how many/ages? NOTE: Dispatcher will communicate responses to Officer verbally or through MDT if available. B. Priority of Response 1. Priority 1: Crimes with a weapon involved 2. Priority 2: Domestic incident C. Officer and victim safety is of paramount importance when responding to a domestic violence incident. Therefore, two (2) officers will be dispatched to the scene. NOTE: Radio Room personnel will note in the information sent to dispatch if the caller is a Limited English Proficiency (LEP) individual and indicate the language, so that this information is provided to responding personnel. The dispatcher will make every effort to dispatch a bilingual officer to the assignment, if available (Refer to Directive 7.7, "Limited English Language Proficiency"). D. If the caller attempts to cancel the call, the call taker will advise that the call cannot be cancelled and officers will continue to respond to ensure that all parties are safe. 5. PATROL PROCEDURE A. In all cases of domestic violence, the first officer on the scene will: 1. Request entry into the location, ascertain who called for assistance and speak with that individual privately. If the person who called was someone other than the subject of the call, the officer will not reveal the caller s name. DIRECTIVE 3.9-4

6 2. If access to the complainant is denied or no one appears to be at the location, the officer will request that the dispatcher contact the caller to gain entry. The officer will contact a supervisor for further instructions regarding forcing entry to the premises, remaining and observing or leaving the location. 3. If the dispatcher cannot reach the caller, the officer will determine whether it is appropriate to force entry. a. Police Officers may enter a person s home when they reasonably believe that someone within the residence is in need of immediate aid. Exigent circumstances include but are not limited to: 1) requests from concerned family members 2) history of domestic violence 3) fire 4) hot pursuit 5) person screaming from inside 6) other signs of violence 7) reliable third party information that the person inside is in danger 8) any evidence that a crime is being committed and/or the occupant is in danger of death or serious bodily injury. b. Whenever a police officer is confronted with a situation where there are NO clear exigent circumstances and there is a request and/or call for entry into a private residence: 1) The police officer will remain on the scene and call for a supervisor with the rank of Lieutenant or above to respond to the scene. 2) If the estimated time of arrival of the responding Lieutenant or above is more than a few minutes, the responding Lieutenant or above will communicate with the on-scene officers via the MDT or Police Radio and relay his or her decision and continue to proceed to the officer s location. 3) The responding Lieutenant or above shall evaluate the situation and considering the totality of the circumstances, decide whether there is a sufficient reasonable belief that exigent circumstances exist to enter the private residence without a warrant. 4. The officer will restore order by gaining control of the situation and separate the individuals involved. 5. Confiscate: a. All weapons used by the offender in the commission of a domestic violence offense which is defined for this purpose as listed in Section 2-A. DIRECTIVE 3.9-5

7 b. All weapons and ammunition used or threatened to be used during the violation of the Protection From Abuse Order or during prior incidents of abuse or any weapons in the offenders' possession. c. All weapons and ammunition which are the subject of a PFA Order providing for relinquishment of such weapons and ammunition and have not been relinquished within the 24-hour time period and; d. All weapons which the offender is otherwise prohibited from possessing. *6 NOTE: Seizures of real or personal property pursuant to a court order are to be performed by sworn law enforcement only. (PLEAC 2.7.4) 6. Transport all confiscated weapons and ammunition to the Detective Division of occurrence for investigation. The officer will record pertinent information on a Property Receipt (75-3) and then transport the weapon(s) to the Firearms Identification Unit or Evidence Custodian. 7. Additionally, question all complainants about other weapons in the house. Complainants will be strongly encouraged and advised to surrender any and all weapons. Police will be guided by Directive 12.15, Property Taken Into Custody. 8. Immediately assess injuries, administer First Aid and notify emergency medical personnel if necessary. 9. Provide transportation to a medical facility or a location of safety after obtaining approval by the on-duty supervisor. 10. When an officer is confronted with a situation in which each party alleges threats or acts of domestic abuse by the other party, the officer should attempt to determine the primary aggressor and thereafter treat the primary aggressor as the perpetrator and the other party as the complainant/victim. To determine who is the primary aggressor, consider the circumstances, including any history of domestic abuse, the severity of injuries and the existence of defensive injuries on either party. NOTE: Mutual arrests are strongly discouraged. DIRECTIVE 3.9-6

8 11. In every assignment alleging domestic abuse or violence, the first officer on the scene will advise the victim or complainant of the proper procedure for seeking a Petition for Protection from Abuse (refer to Section 3) and provide the victim or complainant with the Notice of Rights/Referral Card (75-Misc-4) for Domestic Abuse Victims (which must be in English and Spanish), fulfilling the provisions of PA CC Inform the victim or complainant that the police are available to assist in serving a Petition for a PFA on the other party. To obtain assistance with service, the victim or complainant should go to the Police District in which the defendant can be located (residence, work, etc.,) and request officer assistance to serve the PFA Order. 12. Prepare a 75-48D listing the complainant s name, DOB, address, phone number (including a cell phone, home and call back number) and any other pertinent information, as well as provide the victim/complainant with a Notice of Rights/Referral Card (75-Misc-4). *4 a. All domestic violence complainants/victims will be provided with a copy of the Law Enforcement Victim s Rights Guide which includes the Notice of Victim s Rights and Services. The responding officer will verify receipt of this form by obtaining the signed Receipt of Information form from the complainant/victim and attach the form to the 75-48D. (PLEAC b,c,e) *4 1) If the complainant/victim is not fluent in English, the officer will contact police radio to access LEP (refer to Directive 7.7, Limited English Language Proficiency ). NOTE: Police responding to the scene of a domestic incident will prepare a 75-48D irrespective of the wishes of the victim or the presence or absence of the suspect. An officer will make no statements which would tend to discourage a victim/complainant from reporting any act of domestic violence. 13. Call for a Lieutenant in any instance involving any off duty sworn police personnel (refer to Appendix A of this directive). 14. If any offense is committed in the officer s presence, arrest the offender and transport them to the Detective Division of occurrence. 15. If the officer has probable cause to believe that a felony offense or misdemeanor offense (only those listed in Section 2-A of this directive) was committed, or that a violation of a PFA order occurred, arrest the offender and transport them to the Detective Division of occurrence. DIRECTIVE 3.9-7

9 a. Complainant and any witnesses should be transported to the Detective Division of occurrence along with any corresponding paperwork (Protection From Abuse Order, etc). Injured parties should first be transported to a hospital for medical treatment. b. Patrol Officers will request that the complainant of a Domestic Violence related crime (not on cases of referrals only) be transported to the Detective Division of occurrence. If the complainant refuses to go to the Detective Division, then the Police Officer MUST go to the Detective Division of occurrence to be interviewed by the assigned Detective. Affidavits WILL be submitted on ALL cases where probable cause exists that the crime was committed. This includes cases where the complainant fails to cooperate or refuses prosecution, and the responding officer s statement is used as the probable cause for the affidavit. 16. If probable cause does NOT exist and a PFA is NOT in effect, advise the complainant how to obtain a Private Criminal Complaint and/or a Protection from Abuse Order. B. Police officers shall assist any victim/complainant in serving Protection From Abuse Petitions and/or Orders. NOTE: If the officer is serving a PFA only and no domestic incident has taken place, a will be completed (UCR code 3305). 1. The safety of the complainant will always be taken into consideration when serving a PFA Order. 2. All officers are hereby reminded that the services of PFA Orders are governed by the Pennsylvania rules of civil procedure, Rule , which provides: a. Protection from Abuse Petitions and/or Orders may be served by the Sheriff or a competent adult (i.e., an individual, including police officers or one who is 18 years or older) by: 1) handing a copy to the defendant 2) by handing a copy; a) at the residence of the defendant to an adult member (i.e., an individual 18 years or older) of the family with whom the defendant resides; but if no adult family member is found, then to an adult person in charge of the residence; or b) at the residence of the defendant, to the clerk or manager of the hotel, inn, apartment house, boarding house, or other place of lodging at which the defendant resides; or DIRECTIVE 3.9-8

10 c) at any office or usual place of business of the defendant, to the defendant, agent or to the person, for the time being, responsible thereof. 3) Or pursuant to special order of court; b. Officers serving PFA Orders must serve the following documents: 1) Notice of Hearing and Order 2) Protection From Abuse Order (if granted), and 3) Petition for Relief under the Protection From Abuse Act. c. If the PFA Order requires the offender to surrender weapons, take custody of the weapons and follow the appropriate procedures listed in Section 5-A-5. d. Following service of PFA, complete the affidavit of service; 1) Indicate how service was actually made (i.e., handing a copy to the defendant or another person according to the rule). If service was made on anyone other than the actual defendant, officers must indicate whom and where the order was actually served. 2) Sign the affidavit. The defendant does not have to sign it. 3) Return the completed copy to the complainant who must submit it to the court. e. If service is not successfully completed, inform the complainant that they can request a continuance on the date of hearing so that further attempts at service can be made. If the complainant does not appear in court, the case will most likely be dismissed. 6. ARREST DECISION GUIDE (SEE ATTACHED DECISION GUIDE FLOWCHARTS) A. This section outlines four (4) different scenarios by which an officer can make an arrest either directly or through a warrant. Each of the four (4) scenarios is accompanied by a Decision Guide Flowchart directing the officer s actions in each situation. B. When evaluating a possible warrantless misdemeanor arrest situation when the offender is on location, the officer must determine the following facts (see Decision Guide Flowchart A ): 1. Does probable cause exist that a crime occurred and that the suspect committed the offense? DIRECTIVE 3.9-9

11 2. Is the officer able to observe any recent physical injuries or other corroborative evidence? 3. Was the crime committed against a family or household member (as defined in 23 PA CS 6102). NOTE: To make a lawful-warrantless misdemeanor arrest according to the statute ( 2711), the officer must answer all three questions affirmatively. If any question is answered negatively, the case must proceed along normal statutory guidelines (i.e., a warrant would need to be obtained through a Private Criminal Complaint). A copy of the 75-48D, regardless of whether an arrest was made, shall be forwarded to the Detective Division of occurrence. C. When the offender is not present upon arrival of police, and the offense committed is a felony or a misdemeanor (specifically listed in Section 2-A of this directive), the officer will (see Decision Guide Flowchart B ): 1. Transport the complainant and any witnesses to the Detective Division of occurrence along with any corresponding paperwork. Injured parties should first be transported to a hospital for medical treatment. a. Note any refusals to cooperate on the 75-48D and deliver the 75-48D to the Detective Division of occurrence where the officer will submit a statement to the Detectives regarding the incident. b. If you would have arrested the offender if they had been on location, the Divisional Detectives must handle the investigation. D. If the victim or complainant states that there is a PFA Order and the offender is on location, in addition to any action taken under Section 5, the officer will (see Decision Guide Flowchart C ): 1. Contact PCIC via Police Radio to verify the validity of the PFA Order and ascertain the scope of protection provided by the order. If a violation has occurred, arrest the offender and transport them to the Detective Division of occurrence. Ensure that you have read the order carefully, noting all the provisions of the order prior to taking action. *5 NOTE: The Pennsylvania State Police establishes and maintains a statewide registry of Protection Orders that is available at all times. 2. If, after checking the PFA Order through NCIC/PCIC, it is determined that the order is not listed in the CLEAN file or NCIC, and the complainant s copy of the order is dated within the last five days, transport the offender and complainant to the Detective Division of occurrence for further investigation. DIRECTIVE

12 E. If the victim or complainant states that there is a PFA Order and the offender is not on location, in addition to any action taken under Section 5, the officer will (see Decision Guide Flowchart D ): 1. Direct the complainant and any witnesses to the appropriate Detective Division, or personally transport those persons to the Detective Division, along with any corresponding paperwork. a. If police do not transport the complainant to the Detective Division of occurrence, the officer will ensure that the Operations Room Supervisor (ORS) is notified and that the 75-48D needs to be sent to the Detective Division of occurrence. DIRECTIVE

13 A. OFFENDER ON LOCATION Does Probable Cause Exist? NO NO ARREST YES Is the offense a Felony? YES ARREST NO Is the offense one of the Misdemeanors cited in 2711 NO No Arrest- Private Criminal Complaint Advised YES Are there any recent signs of injury or other corroborative evidence? NO No Arrest- Private Criminal Complaint Advised YES Is the offense against a family or household member, as defined in 23 PA. C.S (See section 2-A) NO No Arrest- Private Criminal Complaint Advised YES ARREST DIRECTIVE

14 B. OFFENDER NOT ON LOCATION Would an offender have been arrested per 2711 if they were on location? NO Private Criminal Complaint Advised YES Are Complainant/Witnesses willing to be transported to Divisional Detectives for statements? NO Officer(s) will prepare a 75-48D and report to Divisional Detectives and submit their Statement to Detectives. YES Transport the Complainant and any witnesses to Divisional Detectives for statements. The Officer(s) will provide statements if requested by Detectives. DIRECTIVE

15 C. OFFENDER IS ON LOCATION AND A VALID PROTECTION ORDER EXISTS Is there a Valid PFA Order? NO Follow Provisions in Decision Guide A YES Is there Probable Cause that the Defendant violated the order? NO No legal Authority to arrest. Advise Complainant. Forward Copy of 75-48D to Victim Assistance Officer. YES Arrest the Defendant. Have Complainant transported to Divisional Detectives. Copy of 75-48D to Detective DOM Team & Victim Assistance Officers. DIRECTIVE

16 D. OFFENDER IS NOT ON LOCATION AND A VALID PROTECTION ORDER EXISTS Does a Valid PFA Order Exist? NO Does 2711 Apply? YES Follow Provisions of Flowchart A or B. YES Is there Probable Cause the Offender Violated the Order? NO Complete a 75-48D. Forward a copy to Victim Assistance Officer. YES Is Complainant/Witness willing to be transported to Divisional Detectives for statements? NO Prepare a 75-48D with all the facts and note the Complainant s refusal. Officer will deliver 75-48D to Detective DOM Team and give statement of incident. Also a copy of 75-48D is given to VAO. YES Insure Complainant arrives at Divisional Detectives (Transport if necessary) DIRECTIVE

17 7. OPERATIONS ROOM PROCEDURE A. The Operations Room Supervisor (ORS) will: 1. In all complaints of domestic violence or violation of a PFA Order, whether or not an arrest is made; the ORS will ensure that the 75-48D is checked Yes for Report to Follow and is immediately delivered to the Detective Division of occurrence. 2. Ensure that the 75-48D is completed in its entirety and is forwarded to the appropriate Detective Division Domestic Violence Team (DOM Team), as well as supplying a copy to the District s Victim Assistance Officer. 3. Ensure that the DOMESTIC field in the INCT is checked for all domestic related reports. 4. Insert the proper District Control number (DC#), UCR code, premise code and day code on the 75-48D and update the INCT. a. All reports will be classified in accordance with rules set forth in the UCR Handbook and coded in accordance with the Philadelphia Police Department Incident Classification Manual. Do not use the Pennsylvania Crimes Code for classification purposes. 5. Place a copy of the completed 75-48D into the district 75-48D bin for pickup by the VAO. NOTE: The original completed 75-48D WILL be filed along with the daily s. B. The On-line Incident Transmittal (INCT) is the computerized record of a complaint, incident or offense (refer to Computer Training Bulletin 97-03). All applicable information supplied on the 75-48D (paper copy) must be entered into the INCT inquiry screen by the ORS or his or her designee, wherein the complaint or incident occurred or exists. C. All personnel responsible for the integrity of the INCT will ensure that all entries are accurate and complete. Uniform Crime Reporting (UCR) statistics are derived from the INCT system, and it is imperative that the information is correct and entered/updated. DIRECTIVE

18 8. PATROL DISTRICT VICTIM ASSISTANCE OFFICER S (VAO) RESPONSIBILITIES A. The VAO, upon receipt of a completed 75-48D, will: 1. Check the database and circle in the upper right-hand corner of the form the number of prior incidents for which a 75-48D is on file (ex. 1 st, 2 nd, 3 rd, etc). 2. Make sufficient copies of the form and distribute them as follows: a. Victim s Assistance Officer (VAO) in District of occurrence. b. Assigned Detective in the Division of occurrence (crimes and/or arrests). c. Detective Division Domestic Violence Team (DOM Team) in the Division of occurrence. d. Women Against Abuse (advocate group). The advocate s copies will be placed in the inter-office mail and forwarded to Victim Services Unit, Police Headquarters, Room 304 for pickup by the advocates. NOTE: These forms will be completed and distributed whether or not an arrest occurred at the time of the incident. B. The District VAO will file copies of EVERY completed 75-48D in alphabetical order by last name/first name of the complainant within their respective District and Detective Division. The VAO will update the database being maintained for these assignments. 1. The FIRST time a 75-48D is received, the VAO will ensure that all steps in Section 8-A are followed.. 2. The SECOND time a 75-48D is received, the VAO will fax a copy of the form to Women Against Abuse (215) XXX-XXXX as well as including a copy in the interoffice mail to Victim Services. An advocate through Women Against Abuse will follow up with a phone call to the complainant to determine whether services can be provided. DIRECTIVE

19 NOTE: Should this follow up phone call reveal that further police action may be necessary or a crime may have been committed, the advocate will contact the pertinent Detective Division or the District VAO, depending on the circumstances. The District VAO will forward this information in a memorandum to their administrative Supervisor. The Administrative supervisor will review the memorandum and forward it to the Detective Division Domestic Violence Team (DOM Team) and procure a Detective Division control number, which will be placed on the 75-48D. The DOM Team will follow up on the request of the District Administrative Supervisor and make an arrest when appropriate and document action taken on the Investigative Report (75-49) or Supplemental Report (75-52). The INCT will be updated accordingly. 3. The THIRD and subsequent time a 75-48D is received for the same Complainant, the Detective Division and/or DOM Team MUST respond to the complainant s location within 72 hours for a follow-up investigation and make an arrest or provide referrals. Any action taken along with the issued Detective Division Control Numbers will be documented on the Investigative Report (75-49) or Supplemental Report (75-52). The INCT will be updated accordingly. C. Advocate Group Participation 1. Women Against Abuse will receive a copy of every 75-48D completed. These copies will be forwarded through inter-office mail to the Victim Services Unit, Police Headquarters, Room 304, for pickup by the advocates. 2. Whenever a second 75-48D is received for the same complainant, (whether or not an arrest has taken place) an advocate assigned by Women Against Abuse will follow up with a phone call to the complainant to offer necessary information and/or services. 3. Whenever high-lethality factors are present, an advocate assigned by Women Against Abuse will follow up with a phone call to the complainant to offer necessary information and/or services. High-lethality factors are: stalking, strangulation, use/threat with a gun or violation of a Protection Order when no arrest has been made. 9. INVESTIGATION PROCEDURE A. The Assigned Investigator will: 1. Investigate all acts of domestic violence falling within the definition of Title 18 PA 2711 regardless of whether a sight arrest was made. DIRECTIVE

20 2. Contact PCIC to ascertain the type of PFA Order, and if so, the name of the issuing Judge, the term of the order, and the case number. Record this information on the Investigation Report (75-49). 3. Include the charge of Contempt of Court on all Preliminary Arraignment Record System (PARS) arrest reports when the investigation shows a violation of a valid PFA Order. 4. When an offender is arrested pursuant to Section PCC 2711 (see Section 2-A of this directive), enter the words DOMESTIC VIOLENCE ARREST in capital letters in the Facts of the Case field of the PARS system arrest report, whether or not a valid PFA Order is in effect. 5. Whenever an offender is arrested for a Domestic Violence related crime, a repeat call analysis will be conducted on the defendant, complainant and home address(s) using the Detective journal, PIIN and Mapping system. This information will be documented in the PIIN report and be used in the prosecution of the defendant. 6. When no arrest is made, and the offender can be arrested pursuant to Section PCC 2711, conduct an investigation and expedite the arrest warrant when one is required. 7. When no arrest is made for a violation of a PFA Order, Divisional Detectives will investigate whether probable cause exists to support a warrant for violating the court order. *1 8. When making an arrest for any domestic related crime, the assigned investigator will make every reasonable attempt to notify the complainant of the arrest (23 PA CSA 6105). When an arrest is made for violation of a Protection Order, the assigned investigator will be responsible to ensure that a reasonable effort is made to notify the complainant (any adult or emancipated minor), protected by a Protection Order, of the arrest as soon as possible. Unless the person cannot be located, notice of the arrest shall be provided not more than 24 hours after preliminary arraignment. This notification attempt will be documented by the assigned investigator on the Police Integrated Information Network (75-49/PIIN) under Investigator Action Taken box, indicating the time, date and method notified. (PLEAC ) *1 a. After notifying the complainant of the offender s arrest, the investigator shall also inform the complainant of PA SAVIN, which provides free, confidential notification regarding an offender s release, transfer or escape (Refer to Appendix B of this directive for contact information). 9. The assigned Detective on a Domestic Violence investigation and/or arrest will include the completed 75-48D in the investigative case file (scan into PIIN/ 75-49). DIRECTIVE

21 10. The Desk Detective will ensure that all copies of 75-48D (which did not result in a crime) received from Patrol Districts (FAX or hand delivered) are given to the Detective Division Domestic Violence Team (DOM Team). 11. Whenever Detective Division Domestic Violence Teams (DOM Team) are working: a. DOM Team personnel will handle all domestic assignments coming into the Division (this includes arrests as well as assignments where the offender is not present). b. Whenever an assignment is being handled by line personnel, and it becomes known that this is a THIRD or subsequent complaint, the assignment will be transferred to the DOM personnel. 12. Whenever DOM personnel are NOT working: a. Line squad personnel will handle all domestic violence complainants brought into the Division or brought to a hospital for treatment. Under NO circumstances will the complainants be sent home and advised that a DOM Detective will contact them at a later date. b. If a Domestic Violence Report (75-48D) is delivered from patrol, which indicated a violation of a PFA Order or a Part One offense (i.e., Aggravated Assault, Rape, etc.,) the assignment will be immediately assigned to a working Detective. c. Upon line squad completion of a domestic violence incident, the assigned Detective will forward a copy of the Domestic Violence Report (75-48D) to the DOM personnel for entry into their database. 10. POLICE DETENTION UNIT SUPERVISOR PROCEDURE A. Ensure that Arrest Reports are checked for DOMESTIC VIOLENCE 2711 ARREST. B. All defendants in custody for a DOMESTIC VIOLENCE ARREST will be taken before the Bail Commissioner prior to being released, whether or not all charges are declined by the District attorneys Charging Unit (DACU). DIRECTIVE

22 *6 C. If a person is arrested as a result of a Domestic incident/protection from Abuse Order (PFA), and subsequently posts bail, the detaining facility (Divisional Booking Center (DBC) supervisor or PDU supervisor) must make a reasonable attempt to contact the complainant and/or victim within 24 hours of a preliminary arraignment (shipping, bail, ROR, etc.), notifying an adult or emancipated minor protected by an order of arrest of the defendant s status (released, shipped, etc.). The time and method of notification WILL be documented on the district/unit Sending and Receiving Sheet (S&R). (PLEAC c) RELATED PROCEDURES: Directive 4.1, Responsibilities at Crime Scenes Directive 4.14, Crime Victims Compensation Directive 5.25, Rape and Other Violent Sex Offenses Directive 10.10, Off-Duty Police Actions BY COMMAND OF THE POLICE COMMISSIONER PLEAC Conforms to the standards according to the Pennsylvania Law Enforcement Accreditation Commission FOOTNOTE GENERAL # DATE CHANGE * Addition * ADDITION APDX A * Addition/Appdx A * Additions * Addition * Addition/Change DIRECTIVE

23 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 3.9 APPENDIX A Issued Date: Effective Date: Updated Date: SUBJECT: DOMESTIC VIOLENCE AND POLICE OFFICERS 1. POLICY A. All incidents, in which a member of the Philadelphia Police Department is accused of any act of domestic violence, will be thoroughly investigated and adjudicated in accordance with pertinent Pennsylvania criminal statutes and the policies and Disciplinary Code of the Philadelphia Police Department. The Internal Affairs Division will be responsible for investigating incidents of domestic violence involving Philadelphia Police Officers. However, this does not preclude an officer taking the immediate action required by Pennsylvania law in the event of a domestic incident. 1. When an officer responds to a domestic incident involving a Philadelphia Police Officer (except for the exception of only serving a PFA), the responding officer will notify Police Radio to dispatch a Lieutenant to the scene. B. Members of the Department who are in need of counseling due to a domestic violence situation are urged to avail themselves to, the Fraternal Order of Police, the Employee Assistance Program or any available resource. F.O.P. representatives for both parties are available 24 hours a day, seven days a week by contacting 215-XXX-XXXX. Members of the Department should also be advised to obtain a protection from abuse order. C. Protection from Abuse Orders 1. Once an officer has been notified that they are the defendant in any Emergency PFA Order, Temporary Protection Order, or a Final Protection Order the officer will surrender his or her City-owned firearm and ammunition. Additionally, the officer will be reassigned to administrative duties in their district/unit of assignment. *2 NOTE: Any sworn personnel who have an active PFA against them will not be permitted to qualify at the pistol range for their annual MPO. The Office of Professional Responsibility will notify the Pistol Range that subject officer is not to be allowed to qualify for MPO or otherwise use the Firearms Range. When (if) PFA is lifted, OPR will notify Pistol Range to lift ban. These notifications should be in writing noting date/time and person notified and person making the notification. DIRECTIVE APPENDIX A

24 2. The employee will contact the ranking on-duty supervisor in their district of assignment immediately upon being served with a protection order. 3. The employee will comply with all the provisions of the Order. If mandated, the employee will surrender all privately owned weapons and ammunition to the Sheriff s Office. NOTE: When relinquishing their privately owned weapons and ammunition, the officer will also furnish a copy of the Order to the Sheriff s Department that was served to them. 4. When an officer is assigned to serve any type of protection order upon a Philadelphia Police officer, the officer will notify Police Radio to dispatch a district Captain, Command Inspections Bureau (CIB) Commander, or the Weekend Command Commander to the scene as well as the district supervisor. 5. Commanding Officers or CIB commanders responding to calls for domestic violence or Protection From Abuse Order service, involving a police officer, will be cognizant of the provisions in Police Directive 8.8, entitled, Request for Psychiatric Examination." 2. RESPONDING COMMANDING OFFICER, WEEKEND COMMAND OR CIB COMMANDER PFA SERVICE A. The responding Commanding Officer or CIB commander will: 1. Review the Order and immediately seize any City-owned firearm(s) and ammunition in the employee s possession and confiscate other weapons and ammunition as described in Section 5-A-5 of Directive 3.9. A copy of the Order will also be surrendered with the firearms and ammunition. 2. Fully explain to the employee the contents of the Order. 3. During business hours, if the Order is either an Emergency or Temporary Order, be responsible for securing the firearm(s) and ammunition. If the Order is a Final PFA Order, the Commanding Officer will deliver the firearm(s) and ammunition to the Firearms Training Unit which will secure the firearm(s) and ammunition. 4. While on the scene, complete a Notice of Duty Restrictions and Reclamation of On-Duty Service Weapon (75-620). This form will be signed by the employee surrendering their City-owned firearm. This form will serve notice to the officer that he or she cannot take police action or carry a firearm, while on or off-duty, until further notice. DIRECTIVE APPENDIX A

25 5. Personally complete a Complaint or Incident Report (75-48), to include their name and badge number, indicating that they have taken possession of the employee s firearm(s) and ammunition. Ensure the preparation of the includes the full names of all involved parties, the PFA Order number, and all relevant provisions in the Order. The employee will be given the pink copy of the as a receipt. 6. During non-business hours, have the firearm(s) and ammunition transported to the Canine Unit for safekeeping until delivery can be made to the Firearms Training Unit. 7. Ensure that a copy of the 75-48, along with the notification page of the Order, is forwarded to the district/unit of assignment of the subject officer and to the Deputy Commissioner, Office of Professional Responsibility. 8. Telephone the ranking on-duty supervisor of the district/unit of the defendant officer and provide details of the service of the Order. 9. Notify the Fraternal Order of Police (F.O.P.) at (215) XXX-XXXX from 6:00 a.m. to 10:00 p.m. After hours, contact the front desk at (215) XXX-XXXX. B. Involved Officer s Commanding Officer will: 1. Immediately reassign the subject officer to administrative duties in the officer s district/unit of assignment or as directed by a higher authority. a. The officer will be in proper plainclothes attire while working and attending court. 2. Obtain a print out of all privately owned firearm(s) owned by the subject officer and submit it to the Police Commissioner s Office and to the Deputy Commissioner, Office of Professional Responsibility, along with a copy of the court order. NOTE: In order to obtain a print out of a privately owned firearm(s), sign on to the POLICE system and type QROS. Enter the officer s name and date of birth, type LIVE for test field, and press enter. 3. Commanding Officers will contact the Sheriff s office at (215) XXX-XXXX to ensure that all privately-owned firearm(s) were surrendered by the officer, if mandated by the Order. 4. Send a copy of the PFA Order directly to the Deputy Commissioner, Office of Professional Responsibility. A second copy will be sent through the chain of command to the appropriate Deputy Commissioner. DIRECTIVE APPENDIX A

26 5. After speaking with the involved officer, and when appropriate, make a referral to the Employee Assistance Program. Commanders may also detail an officer to EAP when necessary. In either instance, commanders will ensure a copy of the PFA Order is faxed to the Commanding Officer, Employee Assistance Program. 6. Monitor the outcome of all PFA hearings. 3. OPERATIONS ROOM SUPERVISOR (O.R.S.) PFA ORDERS A. Once a district/unit receives information concerning a PFA Order, the ORS will contact the Commanding Officer regardless of the time of day. 1. If the Commanding Officer is not available, contact the CIB Commander or the Divisional Inspector. *3 2. Any time an officer responds to a domestic incident (including the service of a PFA) involving a Philadelphia Police Officer, the ORS, prior to the end of that tour of duty, will send a computer message to Internal Affairs through the Police Intranet Homepage utilizing the Off-Duty Incident Reporting Notification screen. The message will contain the defendant officer s name, payroll number, badge number, DC number, complainant s information, and the circumstances of the incident. *3 NOTE: Domestic Incident will be noted in the summary section of the form. *3 3. Make appropriate notations on the S&R including the defendant officer s status along with the date and time the Internal Affairs notification was sent. 4. RETURN OF FIREARMS/RETURN TO FULL DUTY A. If the order is vacated or upon the expiration of a PFA Order and there are no other outstanding issues, the Commanding Officer shall submit a memorandum through the chain of command to the Deputy Commissioner, Office of Professional Responsibility, or approval to reissue the City-owned firearm and ammunition and to reassign the employee to full duty status. 1. Upon an approved memorandum by the Deputy Commissioner, Office of Professional Responsibility, the employee s Commanding Officer or the Commanding Officer, Firearms Training Unit, will return the employee s Cityowned firearm and ammunition and the employee will be returned to full duty status. DIRECTIVE APPENDIX A

27 *1 2. Sworn Personnel will be permitted to qualify at the Pistol Range for their Annual MPO Training if there are no other outstanding issues. *3 5. INTERNAL AFFAIRS RESPONSIBILITIES A. Internal Affairs will track and record all off-duty domestic incidents. NOTE: Notification to Internal Affairs does not imply wrongdoing on the part of the involved officer. BY COMMAND OF THE POLICE COMMISSIONER DIRECTIVE APPENDIX A

28 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 3.9 APPENDIX B Issued Date: Effective Date: Updated Date: SUBJECT: DOMESTIC VIOLENCE COUNSELING AND REFERRAL LIST Philadelphia Domestic Violence Hotline hour Hotline Offering Multi-lingual services Pennsylvania Statewide Automated Victim Information and Notification (PA SAVIN) Is an available service offered by the Pennsylvania District Attorneys Institute. This is a free service which alerts the victim to important custody information on a specific offender who is in jail. Once a victim signs up by calling and selects a four (4) digit PIN code, the system calls them at a designated phone number or to notify them if the offender is *1 released, transferred or escapes. The PA SAVIN service includes offenders under the supervision of county jails, state prisons, and state parole but does not include offender s who are released directly from the police district. The complainant can also register through the official website at COUNSELING SERVICES Lutheran Settlement House Bi-lingual Domestic Violence Program Individual counseling and support groups in English and Spanish Congreso de Latinos Unidos Latina Domestic Violence Program Counseling and support for English and Spanish speaking women and children. Women in Transition Domestic Violence and/or substance abuse counseling for women. Women Organized Against Rape hour hotline for sexual assault victims Menergy Program for abusive men DIRECTIVE APPENDIX B

29 LEGAL SERVICES Philadelphia Legal Assistance Legal assistance and representation for domestic violence, child support, child custody, divorce, unemployment, bankruptcy and public benefits. Women Against Abuse Legal Center Legal assistance and representation Court accompaniment for domestic violence, child support, and child custody Women s Law Project Legal information on domestic violence and family law Telephone counseling only; No representation BY COMMAND OF THE POLICE COMMISSIONER DIRECTIVE APPENDIX B

30 PHILADELPHIA POLICE DEPARTMENT DIRECTIVE 3.9 APPENDIX C Issued Date: Effective Date: Updated Date: SUBJECT: DOMESTIC VIOLENCE RESPONSE REPORT (75-48D) 1. POLICY A. The 75-48D report will be issued to and carried by all uniformed and plainclothes police officers and sergeants while on duty. B. All 75-48D reports will be handwritten legibly in black or blue ink along with the complete signatures of both the officer preparing the report and the supervisor reviewing the report. C. A District Control (DC#) number will be required for each 75-48D submitted. A separate complaint or Incident Report (75-48) WILL NOT be required. The 75-48D will be a substitute for this report. D. An officer preparing a 75-48D will complete all boxes except that which is the responsibility of the Operations Room Supervisor (ORS) listed in Section 7-A of Directive PREPARATION OF THE DOMESTIC VIOLENCE RESPONSE REPORT (75-48D) A. The officer preparing the 75-48D will obtain and insert the following information in the appropriate block on the face of the report in black or blue ink. DO NOT USE PENCIL. B. Officers will fill out the 75-48D according to the below listed guidelines: 1. Year year in which the report is taken. 2. District of Occurrence district in which the incident occurred. 3. PSA the PSA in which the incident took place. 4. District district of assignment of the reporting officer. 5. Vehicle Number number of the vehicle to which the preparing officer is assigned. (Use FB for foot beat, PC for plainclothes, unless a tactical number is being used). DIRECTIVE APPENDIX C

31 6. Report Date date of the report. 7. Location of Occurrence the exact location where the incident occurred (use an exact numerical address). Also, check whether inside or outside." a. If the location of occurrence is different from location given over Police Radio, notify Police Radio of the correct location and insert it on the 75-48D. 8. Apartment number apartment number if an incident occurred inside an apartment complex or duplex residence. 9. Time out the time Police Radio dispatched the assignment. 10. Date/Time of Occurrence the date/time (A.M. or P.M.) when the incident occurred. 11. Complainant s name the name of the complainant/victim. Also, enter the correct age, (date of birth), sex and race. 12. Complainant s address complete numerical address, including ZIP code and apartment number (if applicable). 13. Phone numbers - obtain home, cell phone and call back phone numbers for the complainant (including area codes). NOTE: A Call-back phone number is any safe number at which the complainant can be reached without being intercepted by the offender. This information will be used only by police, prosecution and Women Against Abuse (WAA). WAA may use this information to offer assistance to complainants. *6 14. Complainant s address enter a current address for the complainant. 15. Offender on Scene indicate whether yes or no by placing an x in the appropriate box. 16. Offender information Complete description of the offender to include as much of the following as possible: name, address, age, date of birth, sex, race, height, weight, build, complexion, eye color, hair, distinctive marks, scars, tattoos, peculiarities, clothes, method of leaving the scene and vehicle information. 17. Verbal Dispute Only if it is determined that only a verbal dispute occurred, indicate this by marking the box. DIRECTIVE APPENDIX C