W. Va. Code R. § 149-3-6

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 149-3-6 - Dispatcher/Telecommunicator Responsibilities

6.1. Dispatchers/Telecommunicators who provide service to police department and communications and emergency operations centers which dispatch the law enforcement officer shall dispatch domestic violence 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/telecommunicator should assign a back-up unit.

6.2. The dispatcher/telecommunicator receiving a domestic violence call shall attempt to elicit from the caller, and be able to 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:

6.2.1. The nature of the incident;

6.2.2. The address of the incident, including the apartment number or the name of the business, as appropriate;

6.2.3. A telephone number where the caller can be called back;

6.2.4. Whether weapons are involved or present and if so, where they are located;

6.2.5. Whether or not there are any injuries and whether or not an ambulance is needed;

6.2.6. Whether strangulation, suffocation or asphyxiation has been reported, has occurred, or is suspected and if so, dispatcher/telecommunicator shall dispatch EMS;

6.2.7. 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;

6.2.8. Whether other individuals, including children, are at the scene;

6.2.9. Whether any party is using or is under the influence of alcohol or drugs or has a history of violence, cognitive or mental illness;

6.2.10. Whether a protective order is in effect;

6.2.11. If the caller is the victim and in the residence, would they consent to entry;

6.2.12. Whether a criminal warrant is outstanding on the accused; and,

6.2.13. Whether the accused has been released on bond.

6.3. If the caller is the victim, or if the caller is a witness to a domestic violence incident in progress, the dispatcher/telecommunicator shall attempt to keep the caller on the telephone and relay ongoing information provided by the caller to the responding law enforcement officer and EMS if dispatched. The dispatcher/telecommunicator shall tell the caller that help is on the way and when the police may arrive.

6.4. If the dispatcher/telecommunicator has ready access to police department records, all information relevant to the situation shall be relayed to the officer. At the direction of the law enforcement officer the dispatcher/telecommunicator shall access the Domestic Violence Database, National Crime Information Center (NCIC), and other criminal information databases to determine whether the parties involved in the incident have been involved previously in domestic violence incidents or whether there is a protective order involving the parties in effect, and relay that information to the responding law enforcement officer.

6.5. If the dispatcher/telecommunicator has reason to believe that the accused is on bond for a crime against a family or household member, including a family or household members who are children, and if the dispatcher/telecommunicator has ready access to magistrate court records that show whether there are conditions of bond, the dispatcher/telecommunicator should consult the records and communicate any relevant information to the responding law enforcement officer; including the existence of a protective order prohibiting the possession of firearms.

W. Va. Code R. § 149-3-6