ADM-40 victim/witness assistance

Question 1

What is ADM-40

Answer 1

Victim / Witness Assistance

Question 2

What T.C.A. covers witness/victim Bill of Rights?

Answer 2

T.C.A. 40-38-102 thru 104

Question 3

What is the death notification process for a local victim and the next-of-kin is local?

Answer 3

a. Notify the supervisor.
b. Call for the medical examiner.
c. Call for the Chaplain or family clergyman, and Victim Services Unit, if applicable.
d. The notification shall be delivered in person.
e. Do not leave the survivor without some on scene assistance.
f. Always note the time of the notification.
g. If an autopsy is ordered, notify the next of kin and have them sign the appropriate papers, if possible, and make note of the time.
h. Notify the PIO that the family has been notified.

Question 4

All victims of crime and prosecution witnesses shall have the right to:

Answer 4

a. Be treated with dignity and compassion.
b. Be protected and supported with prompt action in the case of intimidation or retaliation from the
defendant and the defendant’s agents or friends.
c. Without requiring the expenditure of additional funds or additional construction or renovation,
whenever possible, victims of crime and prosecution witnesses should be provided waiting areas that
are separate and secure from the defendant or defense witnesses during all stages of the judicial
process.

Question 5

All victims of crime shall, upon their request, have the right to be fully informed orally, in writing, or by
videotape by the office of the district attorney general victim/witness coordinator, acting in collaboration
with Victim Services Coordinator, of the following:

Answer 5

a. The various steps and procedures involved in the criminal justice system;
b. The procedure and basis for continuances in the proceedings;
c. The procedure involved in the plea-bargaining process and how to request input into such process;
d. The times, dates and locations of all pertinent stages in the proceedings following presentment or
indictment by the grand jury;
e. The methods by which the victim may have input into a convicted defendant’s sentence, including
the pre-sentence report and the sentencing hearing;
f. The stages in the appellate process and how to obtain information concerning appellate action that
has an effect on the defendant’s conviction or sentence and the date a defendant’s sentence becomes
final;
g. How to obtain pertinent information relating to the possible release of an appropriate inmate,
including notification of any department of correction decision permitting such inmate’s release into
the community, or any scheduled hearing by the board of paroles concerning the inmate’s parole or
application for executive clemency;
h. The methods by which the-victim may obtain restitution directly from the defendant and information
about obtaining assistance in obtaining such restitution; and
i. The methods by which the victim may obtain a monetary award or other benefits from the criminal
injuries compensation fund and information about obtaining assistance in securing such award or
benefits; and
3. Whenever possible, the victim and/or witness shall be advised and informed of plea-bargaining
discussions and agreements prior to the entry of any plea agreement. Where a person is a victim of violent
crime, involving death of a family member or serious bodily injury they may be able to speak at parole
hearings, submit a victim impact statement to the courts and the board of paroles, and give impact
testimony at court sentencing hearings.
4. Upon the request of a victim of violent crime involving serious bodily injury or death of a relative, such victim shall be supplied information and a request form to request and secure notification of the release
from custody of an offender from a jail or detention facility prior to trial. A record or file of such request
forms shall be maintained and, prior to the release of an offender about whom a notification request has
been made, immediate and prompt notice of such release shall be made to the victim.

Question 6

The procedure for death and death notification when the victim is local and the next-of-kin lives out of
the area is as follows:

Answer 6

a. Notify the Supervisor
b. Call for the medical examiner.
c. Call for a Chaplain and Victim Services Unit, if applicable.
d. Notify the law enforcement agency in the area where the next-of-kin lives. Give them the
information to take to the family; who, where, and whom to contact. Also, have that agency notify the
family if an autopsy is ordered. Ask the agency to note the time the notification is delivered and
contact supervisor of the 911 Unified Communications District as soon as the notification is complete.
e. The supervisor of the 911 Unified Communications District shall notify the officer, investigator,
Chaplain and/or Victim Services Unit as soon as the other agency returns the contact.

Question 7

The procedure for death and death notification when the victim is out of town and the next-of-kin is local
is as follows:

Answer 7

a. Notify the Watch Supervisor, who will determine whether to call a Chaplain, Victim Services Unit
or have an on-duty officer deliver the notification.
b. Ascertain all available information such as who, when, where, how, and whom to contact.
c. Verify by taking a telephone number and immediately returning the call.
6. In the case of serious injury, it may be appropriate to call a Chaplain, Victim Services Unit or family
clergy when death is an eminent possibility.

Question 8

Notification in the case of injury may be accomplished by telephone communication.

Answer 8

True

Question 9

Release of names for broadcast or publication:

Answer 9

a. The name shall be released only after the notification of the next-of-kin is completed.
b. The name shall be released through authorized Public Information Office (PIO) channels only.
Officers shall follow guidelines established in the general order addressing public information.

Question 10

Method to Deliver Death Notifications

Answer 10

1. Ask to gain entrance to residence. Do not, if possible, deliver the notice from outside the door. Do not, if
   possible, deliver the notice over the telephone.
2. Make an attempt to get all present in one room and have them be seated.
3. Be direct, in the case of death use the word “dead” in reference to the victim’s condition. Give the
   information that will be needed, (who, what, when, where, how, and whom to contact). It may be best to
   have the information written down and leave a copy.
4. If possible, ascertain possible medical and emotional condition of the individual that must receive the
   death notification prior to delivery.
5. Do not leave without some support person to remain to assist survivors.
6. If an autopsy is ordered, the family shall be notified of the order.
7. Make note of the time of notification.
8. Notify the PIO once family notification has been made.