SPEAKERS TASK FORCE ON DOMESTIC VIOLENCE 2012 Report & Legislative Recommendations

FINAL - February 27, 2012

SPEAKERS TASK FORCE ON DOMESTIC VIOLENCE

LEGISLATIVE OFFICE BLDG., SUITE 4100 STATE CAPITOL HARTFORD, CONNECTICUT 06106

2012 Report & Legislative Recommendations

Submitted February 27, 2012 Task Force Membership Rep. Mae Flexer, Chair Rep. Catherine Abercrombie Rep. David Baram Rep. Clark Chapin Rep. Michelle Cook Sen. Paul Doyle Rep. Gerald Fox, III Rep. Mary Fritz Rep. Christopher Lyddy Rep. David W. Kiner Rep. Themis Klarides Sen. Anthony Musto Rep. Jason Rojas Sen. Andrew Roraback Rep. Peggy Sayers Sen. Andrea Stillman Rep. Peter Tercyak Rep. Toni Walker Rep. Terrie Wood

SPEAKERS TASK FORCE ON DOMESTIC VIOLENCE 2012 Report & Legislative Recommendations

Overview
In November 2009 Speaker of the House Christopher G. Donovan convened a bipartisan bicameral legislative task force to improve Connecticuts response to incidents of domestic violence. The task force has met with dozens of advocates, survivors, law enforcement officers, service providers and state agency staff working on the front lines of this issue. In 2010, this input helped shape a package of recommendations aimed at making meaningful changes to the systems in place to aid victims. The bills that task force members brought to successful passage in 2010 improved training for educators in teen dating and domestic violence; brought all of Connecticuts emergency domestic violence shelters up to 24/7 staff coverage; protected victims who terminate their housing rental agreements to protect their safety; created a GPS pilot program to monitor highrisk offenders; added additional domestic violence court dockets; expanded employment protections for victims; and improved the enforcement of protective orders. In 2011, the task force achieved a second set of reforms. Last years legislative package clarified that people of any age, including teens, can request a restraining order to protect them from a partner who has subjected them to abuse; amended the restraining order statute to permit victims who have experienced stalking or a pattern of threatening to obtain a restraining order; provided restitution to the families of victims of domestic violence like those provided to families of other crimes; and required offenders who are barred from possessing firearms to sell them or surrender them to police. A separate bill that passed into law last session prohibits bail bond agents from undercutting, competing for business by discounting the premium due on a bond which enabled offenders to be released back into the community and return to their victims without any cooling off period. This session, the task force has identified a number of areas where state policies and procedures could be improved to better assist victims and their families. Enclosed are the task forces findings and recommendations for legislation in the 2012 session.

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SPEAKERS TASK FORCE ON DOMESTIC VIOLENCE 2012 Report & Legislative Recommendations

Findings & Recommendations

Human Services
Domestic Violence and Trauma
1. Exposure to family violence has a lasting and traumatic impact on children who experience disruptions in their education and living situations, depression, anxiety and other mental health issues. Further, recent studies have shown a strong link between untreated traumatic exposure and cancer, heart disease, diabetes, obesity, lifelong mental health difficulties, incarceration, unemployment, violence and early death. The task force was pleased to learn that the Department of Children and Families was recently awarded a five-year $3.2 million federal grant to enhance the agencys capacity to identify and respond to children who have experienced trauma and to enhance access to evidence-based best practice interventions in the community. This grant will improve the departments capacity for addressing the needs of children who have been affected by domestic violence. Recommendation: Implement a standard definition for trauma-informed care and seek out opportunities to expand access to training and victim services based on these best practices.

Emergency Domestic Violence Shelter Staffing

2. Over the last few years, the task force has worked to expand staffing so that trained personnel are present at the states emergency domestic violence shelters 24 hours a day, seven days a week and the current biennial budget includes funding for these services. The presence of support staff can mean the difference between keeping a victim safe and that victim returning to his/her abuser and the cycle of violence. Recommendation: Ensure the budget maintains funding for 24/7 staffing levels at domestic violence shelters.

Public Service Announcements

3. Public Act 10-137 required the Department of Public Health to develop one television public service announcement aimed at preventing teen dating violence and domestic violence, within available appropriations and permitted DPH to apply for public or private grants for this purpose. Recommendation: Work collaboratively with DPH to identify funds and partnerships to support the production of the public service announcement.

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SPEAKERS TASK FORCE ON DOMESTIC VIOLENCE 2012 Report & Legislative Recommendations

Judiciary
Civil restraining and criminal protective orders
4. The current restraining order statutes require victims to return to court to seek a renewal of their restraining orders at least once every 180 days. Appearing in court may require victims to interface with their offenders, putting their safety in jeopardy. Recommendation: Amend the restraining order statute to increase the maximum allowable length of restraining orders from six months to one year.

5. A victim seeking a restraining order must currently return to court every two weeks and submit a new request if the marshals are unable to locate the defendant and serve the restraining order. In some cases the same defendant is on probation and is required to check in with a probation officer. Recommendation: Improve collaboration between the courts, the Adult Probation Offices (located within the Court Support Services Division) and the marshals to locate defendants in a timely manner and serve them with restraining orders.

6. Clarify the statutes to ensure that minors can request restraining orders against abusive adults. The task force has been told that minors have had trouble obtaining orders from some courts. The statute should be applied consistently across the state. Recommendation: Clarify the definition of family or household member to ensure that minors can obtain a restraining order when it is necessary to ensure their safety.

7. Currently schools, including colleges and universities with police units, that victims attend do not automatically receive a copy of protective and restraining orders, so campus police may not be aware than an order is in place. Recommendation: Amend the text of protective and restraining orders to provide that a copy of an order be sent to any school the protected person attends, including a high school, unless otherwise prohibited by law. Also, if possible, require the defendant to remain outside the prescribed distance from the victim at any school the victim attends.

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SPEAKERS TASK FORCE ON DOMESTIC VIOLENCE 2012 Report & Legislative Recommendations

GPS Tracking
8. In 2010, the Judicial Branch secured $140,000 under the American Recovery and Reinvestment Act to fund a GPS pilot program to monitor offenders in three locations. The pilot was completed in 2010 and 2011. During the program offenders were closely monitored and violations were immediately addressed by law enforcement and the court through sanctions. In addition, Court Support Services Division-Family Services was notified of each infraction and family relations counselors provided case management services, so there was immediate accountability for violations. Recommendation: Identify a funding source for the continuation of this pilot so that the safety measures, accountability and case management services provided by this program can continue. The pilot showed that the program is effective, but monitoring and follow-up require additional staff resources.

911 Texting
9. The task force has heard from a number of victim advocates concerning the importance of implementing a 911 texting system so that victims in danger can contact police for assistance without making a phone call. Recommendation: Recognizing that at this time, there are a number of technical and infrastructure barriers to implementing 911 texting statewide, the task force believes that efforts to advance this project should be made through a feasibility study or pilot program.

Courts & Dockets

10. Connecticut currently has twelve domestic violence dockets in criminal court locations around the state, including sites at the Danielson, Danbury and Middletown criminal courts which were implemented pursuant to PA 10-144. Domestic violence dockets use a multidisciplinary team approach and include states attorneys, family violence victim advocates, family relations counselors, probation officers, law enforcement personnel, and judges. Team members share information and provide recommendations to the court. There are eight remaining criminal courts without domestic violence dockets. Recommendation: Encourage the Judicial Branch to develop domestic violence dockets in the remaining criminal courts.

Bail Commissioner
11. The current evaluation process used by the bail commissioners in setting a bond amount gives credit to offenders who are married and/or living with another person Recommendation: In cases of domestic violence, being married or living with another person increase the likelihood that an offender will commit another domestic violence crime, particularly after the victim has notified police. These circumstances should not be treated as a justification for obtaining a lower bond.

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SPEAKERS TASK FORCE ON DOMESTIC VIOLENCE 2012 Report & Legislative Recommendations

Diversionary Programs
12. The Family Violence Education Program is most effective when offered to low-level first time offenders. While a defendant may only use the FVEP and have the case dismissed once, offenders sent to the program may have had previous domestic violence-related arrests and have been granted a number of informal diversion opportunities before they are required by the court to complete a formal diversionary program like the FVEP. Offenders who have committed a class D felony or caused a serious injury are also permitted to participate in the program. The program may not be appropriate to meet more intensive service needs of some offenders. Recommendation: Require the Judicial Branch to record family violence-related charges in permanent criminal history records, so that the Branch can more easily identify the low-level offenders who are most appropriately placed in the program. Also, prohibit offenders from participating in the FVEP if they have been charged with a class D felony or the court finds they have caused a serious injury.

Victim Notification
13. Violations of probation may increase risk to a domestic violence victim and signal an escalation in violent behavior. Victims should be notified of violations so that they can update their safety plans. Recommendation: Victims should receive notice from a probation officer when the officer decides to seek a warrant for violation of probation against an offender. Victims should also receive notice of the hearing date and an opportunity to be heard regarding a sentence if the offender is found in violation of probation. In addition, probation officers should provide written notice of an offenders compliance with the terms and conditions of probation, upon a victims request.

14. Similarly, a victim should be notified by the court when a prosecutor decides to enter a nolle or dismissal in a criminal case. Recommendation: Victims should receive notice from the courts that a prosecutor is going to enter a nolle or dismissal and an opportunity to be heard prior to the court entering the nolle or granting the dismissal. This will also give victims advance notice so they can update their safety plans.

15. Because the status of an offender is directly related to a victims safety, the victim should be noticed by the appropriate agency when an offenders status changes, so that they have an opportunity to update their safety plan and appear at a hearing, when applicable. Recommendation: Encourage the Department of Corrections and the Judicial Branch to continue working to improve victim notification procedures and provide opportunities for victim input. Improvements in information technology systems will enhance ability to promptly notice victims and those developing the systems should be mindful of victim feedback.

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SPEAKERS TASK FORCE ON DOMESTIC VIOLENCE 2012 Report & Legislative Recommendations

Victim Services
16. In 2011 the Connecticut Domestic Violence Fatality Review Committee thoroughly reviewed a number of cases and found that in many instances, children were present when a fatality occurred, including children who were not related to the family. Children who experience traumatic events are at increased risk for negative outcomes concerning their well-being, safety and stability. Recommendation: Amend Sec. 54-216 to provide restitution services to children who witness domestic violence crimes in order to compensate their families for support services they may need to reduce the long term consequences of experiencing trauma.

Threatening
17. Threatening is often a precursor to serious family violence offenses and accordingly, is potentially a family violence crime. Currently threatening with a firearm falls under a misdemeanor threatening charge, even though it may put the victim at a heightened degree of risk. Recommendation: Create a separate felony crime of threatening first degree with a firearm, Class D felony to be used when the threat involves the use or attempted use of a firearm or other dangerous weapon.

18. The task force has heard testimony that indicates threatening is a risk factor for serious domestic violence offenses. Often offenders are sent to treatment programs, sometimes several times, for convictions of threatening, and later commit crimes involving physical abuse. Recommendation: Noting that threatening behavior may be a warning sign of serious abuse, a further examination of the effectiveness of the penalties for this offense, and whether or not stronger penalties would be appropriate is warranted.

Stalking
19. Stalking is also a common theme in serious domestic violence offenses. According to the National Center for Victims of Crime, the behavior of intimate partner stalkers escalates quickly. Recommendation: Revise the Connecticuts stalking statute to increase the penalties and expand the behaviors considered to be stalking.

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SPEAKERS TASK FORCE ON DOMESTIC VIOLENCE 2012 Report & Legislative Recommendations

Law Enforcement Response

20. Public Act 11-152 established the Task Force on Law Enforcement Response to Family Violence. The task force included victim advocates and representatives of the Office of the Chief Public Defender, the Judicial Branch, the Office of the Chief States Attorney, the Connecticut Police Officer Standards and Training Council, the Connecticut Police Chiefs Association, and the Department of Emergency Services and Public Protection. The group met during the fall and winter of 2011 to evaluate existing policies and procedures used by law enforcement agencies when responding to incidents of family violence and developed a statewide law enforcement model policy for use by law enforcement agencies when responding to incidents of family violence. Recommendation: Implement the recommendations of the Task Force on Law Enforcement Response to Family Violence (established under Public Act 11-152), which have been attached to this report and implement the task forces recommended model policy.

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SPEAKERS TASK FORCE ON DOMESTIC VIOLENCE 2012 Report & Legislative Recommendations

Items for Continued Examination and Advocacy

1. At a time of increased demand and limited resources, family relations counselors and the states attorneys, among others, are struggling with high caseloads. When resources become available, the task force urges the Judicial Branch to increase the number of family relations counselors working on criminal cases so they can provide more formal monitoring, supervision and reporting for those accused of domestic violence while their cases are pending in court. Those who know they are being watched are less likely to re-offend. Similarly, the task force urges the Office of the Chief States Attorney to increase its staff to meet caseload needs when budgetary resources become available. In addition, the task force encourages domestic violence dockets to adopt national best practices and limit the number of cases on a docket for a single day to 75 cases, so that each case receives appropriate time and attention. 2. Continue to work with the Department of Correction and Judicial Branch to improve victim notification and provide opportunities for victim input. 3. Consider expanding the intensive EVOLVE and EXPLORE diversionary programs to serve all regions of the state. 4. Develop a one stop-shopping model for victims services and referrals. 5. Examine DCF protocols for treatment of victims and their families. 6. Encourage statewide use of a uniform healthy relationships curriculum and dating violence policies across school districts. 7. Strengthen professional development training for school faculty and staff. 8. Consider implementation of Rhode Islands model law, the Lindsay Ann Burke Act, as it may pertain to Connecticut, to strengthen professional development training for school faculty and staff, encourage statewide use of a uniform healthy relationships curriculum, and adoption of dating violence policies across school districts. 9. Examine methods by which restraining orders are served by state marshals. 10. Further explore social issues that influence domestic violence, including the availability of housing, job training, day care, and health care.

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