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01-20-1998 - Application for Grant Funds from the California State Office of Criminal Justice Planning's Domestic Violence Intervention ProgramTO: FROM: SUBJECT: is City Council and City Manager James Dillon, Acting Chief of Police City of 'West Covina, 'Memorandum AGENDA ITEM NO. 6-4f DATE January 20, 1998 ® PRINTED ON RECYCLED PAPER APPLICATION. FOR GRANT FUNDS FROM THE CALIFORNIA STATE OFFICE OF CRIMINAL JUSTICE PLANNING'S DOMESTIC VIOLENCE INTERVENTION PROGRAM Summary: The Police Department has created and submitted a program (which will improve . both the Department's handling of domestic violence cases and the services provided to victims of domestic violence in West Covina) for an Office of Criminal Justice Planning competitive grant. The grant, which can be renewed for up to three years, makes $78,330 available to recipients each fiscal year, with no cash or in -kind match requirement. The program that Department staff have created incorporates improvements in documentation, training, equipment, statistical reporting, and (through a Victim Advocate) services to victims of domestic violence. BACKGROUND The California State Office of Criminal Justice Planning (OCJP) has made funds, totaling $78,330 available for. this fiscal year through a competitive grant which. focuses on the abatement of domestic violence and the -needs of domestic violence victims. There is no cash or in -kind match requirement for this grant. DISCUSSION In response to this competitive grant, officers and Administrative staff within the Police Department devised a program entitled the West Covina Domestic Violence Victim Assistance Program. This program would be entirely grant -funded and incorporates changes relating to domestic violence within the Police Department and the hiring (on a limited service basis --again completely grant -funded) of a Victim Advocate. In this effort, the Department has obtained Memoranda of Understanding from the Los Angeles County Victim -Witness Assistance Program and three local service providers (WINGS - YWCA, Charter Oak Hospital, and the East Valley Community Health Center). Within the Department, this grant, if awarded, will allow for the following changes, all of which better serve residents in the West Covina area: I. Improving Patrol Officers' Documentation For the Patrol function, we will require the following improvements in documentation relating to domestic violence cases: • Full description of the crime scene (e.g., damaged property, etc.). To collaborate the victim's statement of the suspect's violent behavior. • Victim's demeanor (e.g., crying, upset, injured). As allowed under the California Evidence Code, officers can testify as to the victims' state of distress at the time of the statement, should the victims recant their statements later. • Suspect's demeanor (e.g., uncooperative, threatening). To corroborate the victim's statement and to assist the officer in determining the primary aggressor. 0 Imtiroved documentation of iniuries (written). To help determine the primary aggressor (e.g., by determining' offensive and defensive wounds), which relates to the element and seriousness of the crime (i.e., misdemeanor versus felony). • Documenting independent witnesses and _c :►ldren's statements. These provide objective accounts of the crime, which fo7:p, determine the primary aggressor, to avoid dual arrest, and assist in prosecuti:;n. •. 0 • Improved documentation of evidence This will corroborate the victim's statement, determine who the primary aggressor is, and assist in the prosecution effort. • Improved documentation of the arrest and Miranda advisement. A properly obtained Miranda statement can corroborate the victim's statement, allow . the suspect to admit to the offense, and assist in the prosecution effort (i.e., can be used to impeach the suspect's testimony in court, if.necessary); 2. Increasing and Improving Training The Department, in cooperation with local service 'providers (e.g.; shelters, health centers) and legal personnel, will implement the following types of training: • Training in handling domestic violence victims and children. This training should be taught by a Victim Advocate and will focus on sensitivity toward the victim, why the victim often does not leave the violent relationship, why domestic violence is often a repetitive occurrence in a relationship, why the victim can be uncooperative, why victims recant their stories, and what police officers can say or do to help the victim feel reassured that the police are there to help. • Training in the enforcement and suitability of court orders. This training will be taught by police officers and/or legal personnel and will focus on the intricacies of Emergency Protective Orders (EPOs), Temporary Restraining Orders (TROs),�and Stay -Away Orders. • Training in report writing. Also taught by police officers and/or Deputy District Attorneys, this training will focus on: Techniques for interviewing victims, witnesses, and suspects; documenting/photographing injuries; determiningthe primary aggressor;, identifying defensive and offensive wounds; how to document spontaneous statements; how to document the emotional and physical condition of the. victim; how to describe the crime scene; how to document the Miranda advisement of a suspect. Collection of Evidence. Also taught by police officers and/or Deputy District Attorneys, this training will focus on: How to obtain photographs of the victim, the suspect, and the crime scene; identifying and documenting physical evidence .of struggle, damage to furnishings, vandalism,- etc.; collection of other physical evidence (e.g., bloody clothing, damaged phone, etc.). • Avoiding Dual Arrest. Also taught by police officers and/or Deputy District Attorneys, this training will focus on: Preventing dual arrest situations by training the officers to evaluate statements of the. victim, suspect, and witnesses; using physical evidence (e.g., defensive and offensive wounds) to determine the primary aggressor. • Understanding the prosecution requirements Also taught by police officers and/or Deputy District Attorneys; this training will focus on: Understanding the California Evidence Code as it relates to domestic violence cases; the District Attorney's "No Drop" policy; the probation system (e.g., the suspect could be in violation of probation on a prior case). 3. Obtaining Equipment That Strengthens the Documentation and Prosecution Obtaining digital cameras will allow the patrol officer to take pictures of the parties involved in the domestic violence case at the scene (i.e., the patrol officer will be able to visually document the injuries, etc.). This will allow immediate processing into the Departmental paperwork, which will then be turned over to prosecutors for use in their decision to file a case. Also, a laptop for use by the Victim Advocate will provide that person with the needed mobility and access to records that will be vital to this endeavor. 4. Improving Statistical Reporting The Department will reorganize the. computer dispatch system so that it can properly document all domestic violence calls for service (that is, reclassifying "unknown circumstance" .calls ; " 9.11.-,hang-up" .calls, and `.`.disturbing the peace'.' calls .as domestic violence, when applicable). This would require reprogramming the software. i Also, we will adjust our Uniform Code Reporting (UCR) procedures to include all types of charges that are domestic violence related (e.g., stalking, spousal rape, terrorist threats, kidnapping, violations of court orders, ) in order to clarify instances when these crimes relate to domestic violence. 5. Hiring a Victim Advocate to Address the Special Needs of Victims In a position paid fully by the grant, the Department will hire a Victim Advocate and provide space, equipment, and work furnishings for that person at the Department's Community Education Center, an off -site facility located inside the West Covina Plaza mall, or sometimes, at the City Hall Annex. The Victim Advocate will be trained to assist victims in crisis, and will be aware of available shelters, legal assistance, and other resources within the community. The Advocate. will also act as a personal support person for victims of domestic violence. Although the Advocate will act as a liaison between public agencies, battered women shelters, and other community resources on behalf of the 'victims, the Advocate will also have a responsibility relating to the prosecution effort, which includes: • Interviewing victims of domestic violence for intake, shelter, or assistance programs; • Explaining the "no drop" policy and sentencing options; • Assisting victims in crisis intervention and emergency assistance; . • Assisting in the coordination of victim and witness court appearances. • Working with police detectives, as required throughout the entire process. The. Victim Advocate will also serve a community outreach function, and will be actively involved with local organizations working toward the abatement of domestic violence. Client assessment (i.e., needs of the victims/clients), beyond the police reporting requirements, will be the responsibility of the Victim Advocate. As for a referral, follow-up, and feedback process, -the Victim Advocate will be responsible for maintaining files (with appropriate confidentiality) on the victims/clients .as .they receive services from local providers, interact with the Police Department, and go through the legal process. The Victim Advocate, then will serve as the contact point to provide feedback from victims/clients to the Department concerning improvements to the program. CONCLUSION The approach delineated above (incorporating changes within the. Department and. beyond) offers the maximum amount of positive change in addressing the complex problem of domestic violence. The rationale, for this two -tiered approach is clear: The changes within the Department will expedite the. law enforcement aspect of domestic violence cases, while the Victim Advocate can focus on the special needs of. victims. By utilizing our approach, the Victim Advocate will work closely with police officers, legal personnel, victims, and service providers, in order to cultivate a highly cooperative (and educational) relationship: By uniting these entities, we will undoubtedly increase the efficacy of bringing domestic violence cases in West Covina completely through the legal system, and assisting the victims. As for significant resources devoted to the program, the Department will provide space, office equipment, and furnishings at its Community Education Center for use by, the Victim Advocate (or, if applicable, the City Hall Annex). The Victim Advocate position will be fully funded by the grant, as will Department -wide changes and equipment purchases. The grant application has been mailed to the Office of Criminal Justice Planning in Sacramento for entry into the competitive award process. Because of the considerable size of the grant package, the Police Department has not enclosed a copy of the grant, but the entire package is available in the office of the Administrative Assistant. FINANCIAL IMPACT None. All activities, equipment, and personnel (i.e:, the Victim Advocate) will be funded completely by the grant. RECOMMENDATION It is recommended that the City Council approve this program's application forgrant funds4Dil.10 Jameting Chief of Police