Domestic Violence Protection and Prosecution Act

By Scott Gruendl

Provides for sweeping legislation requiring every law enforcement jurisdiction to have a Domestic Violence Unit, casemanagement, in-home visits, three strikes approach to sentencing.

Legislative Proposal #2: Domestic Violence Prevention and Prosecution Act

Premises:
1. Domestic Violence is a continuing problem in our society. While many positive steps are being taken currently to combat this problem, and many resources are available, none of them have attempted to address the causality of domestic violence.
2. Many of the steps currently being taken to combat domestic violence are not effective in protecting the victim(s) and successfully prosecuting offenders.
3. The State has an interest in keeping families with children together.
4. Many domestic violence incidents never get reported.
5. Domestic violence occurs most frequently when alcohol or drugs are involved.

The Current Law and The Current Problem

California's laws are strengthening in favor of protecting victims, making resources easier to access, and prosecuting offenders. There are still some significant imperfections in the system, however, which this bill addresses.

I believe our domestic violence policy should have the following goals:
1. Protect and assist victims
2. Prosecute offenders
3. Prevent additional incidents of violence
4. Prevent first-occurrences of violence

The first three goals listed above require the enhancement of California's present and pending laws and policies. However, to date, there is no legislation that has attempted to address the causality involved with the tendency towards violent behavior in domestic situations. Unless we address the cause of the problem and propose a viable solution, domestic violence will continue to plague our society, leaving a trail of victims and trauma in its wake.

The Domestic Violence Prevention Act

Sponsored by Scott Gruendl for Senate California 1st Senate District

Purpose: To prevent domestic violence, protect and assist victims, and prosecute offenders. The Act is designed to achieve the following specific goals:

1. Protect and Assist Victims

- Establish a statewide requirement that every police department have a domestic violence management division, with access to statewide resources and programs. This division shall:
- Upon the first reported incident of domestic violence, open a case file and assign a case manager to provide assistance to domestic violence victims and their families, regardless of whether there was any arrest, prosecution or conviction.
- Be open 7 days per week, 12 hours per day in metropolitan areas and 5 days per week and 9 hours per day in rural areas.
- Case managers shall be required to contact the victims of all domestic violence incidents reported by police within 24 hours of the receiving the report.
- Provide specific tools to case managers, including as a checklist of services available to victims, which shall be reviewed with and provided to the victims. See Sample in Reference Section.
- Provide for regular follow-up from case managers with victims.
- Police officers called to any domestic violence incident shall be required to report each and every domestic violence incident to the domestic violence division at their earliest opportunity after the incident, but in no case later than 36 hours from the incident.

2. Prosecute Offenders

- Create a three-strike sentencing law for offenders convicted of battery or other domestic violence act, depending upon the severity of the violence, with mandatory minimum sentencing, as shown below.
- Track situations and individuals that are involved in domestic violence incidents. The Act allows the tracking of non-conviction Incidents to be used in determining the sentence of any subsequent conviction for a domestic violence crime.

3. Prevent Additional Violence

- Case management tracking systems and service checklists provide the ability to intervene before additional violence takes place.
- Upon a second Incident, case managers must personally visit homes to see the conditions, meet the people involved, and personally extend assistance to victims and / or counseling and educational opportunities.
- All 911 domestic-violence calls and all crisis calls by the victim to the case manager are defined as "Incidents" by this Act, regardless of whether charges are pressed by the victim or the alleged violator is charged or convicted of any crime. Non-crisis calls to the case manager are not considered Incidents.
- The case manager shall actively assist the victim in utilizing all the public and private sector resources available to establish a stable environment.
- Upon a third Incident, where no charges are brought or conviction adjudged, and where no children are involved, case managers can apply to the Superior Court for temporary orders restraining orders separating the parties if the case manager believes, based upon the tracking history, that there is significant risk of further violence occurring. Any restraining order under this provision is limited in duration to a maximum of 3 months. Within the time allowed, a hearing shall be held before the Family Court to determine whether the restraining order should be continued, extended or annulled.

4. Prevent First-Occurrence Violence

- Create state-funded resources to help teach parents necessary skills to create a positive family environment, free of violence and abuse.
- Classes that teach the following skills to parents: Problem-solving Parenting and Developmental Psychology Decision-making Communication Ethics and Morals Anger Management Family Relationship Dynamics Healthy Alternatives to Unhealthy Behavior
- Therapy that addresses the following issues: Healing trauma to parents and children Overcoming anger and violent tendencies Self-esteem and confidence Inter-personal, moral and ethical dilemmas Living the Example for your Kids Make this class and therapy resource mandatory for convicted domestic violence offenders, and voluntary for the general public Encourage every parent to enroll in these programs through public awareness and publicity campaigns. Promote, suggest and make the classes easily available for enrollment by the parents at the time that they enroll the child in school at every grade level. The classes and therapy may be conducted at facilities determined appropriate by each county or city. Teachers in the classes must be professionally trained and experienced in teaching the subjects listed above. Therapists conducting therapy must be professional mental health professionals experienced in conducting individual, family and group therapy sessions and developmental sociology.
- Provide an incentive for parents to attend these classes and therapy sessions, by creating a state income tax credit in the amount of $500 annually for every parenting class passed or therapy series attended by the parents.

Summary: This Act modifies several other provisions of law affecting case management of domestic violence incidents, creating a domestic violence division of police departments wherever none currently exist. The Act requires cases to be opened on all incidents of domestic violence, regardless of charges pressed or convictions. The Act differentiates actions and penalties based upon whether or not the home involves a child. The Act empowers case managers to track incidents, requiring them to personally visit homes on second and third incidents of domestic violence, and authorizes the case manager to apply for mutual restraining orders after a third reported incident resulting in no charges pressed against a violator. The Act creates a Three-Strikes-sentencing provision that provides convicted domestic violence offenders with increasing penalties. The Act also creates a two-pronged prevention program comprised of family educational classes and therapy sessions. This program is designed to teach parents to develop a positive home environment, and to raise their children not to be domestic violence offenders; the goal of the program is to raise the next generation of children without perpetuating the cycle of domestic violence. The program offered at no charge to the public, and is entirely voluntary except for convicted domestic violence offenders, who shall be compelled to attend.

This Act may be cited as the "Domestic Violence Prevention and Prosecution Act " (DVPPA).

I Creation of Domestic Violence Division Within Police Departments

1. All police departments are hereby required to have a division specializing in domestic violence (hereinafter the "Domestic Violence Division" or "DVD"). The DVD shall comprise one or more officers specially trained in domestic violence, psychology, crisis intervention, family assessment, sociology and case management.
2. The State of California shall provide requested funding to expand police departments under this Act. Each county shall consolidate all requests for funds to implement this Act and forward all such requests to the Department of Justice.
3. The DVD must be open and accessible to the public 7 days per week, 12 hours per day in metropolitan areas, and 5 days per week and 8 hours per day in rural areas.
4. The DVD shall have a web site with all resource information available to the public 24 hours per day, 7 days per week.
5. Calls received by the DVD after operating hours shall be forwarded to 911 after 4 rings.
6. The Department of Justice shall oversee and be responsible for the Implementation of this Act within all of the counties of California.

II Required Actions of Police Officers on the Scene

1. Police officers called to any domestic violence incident shall be required to report each and every domestic violence incident, regardless of injuries or damages, to the DVD at their earliest opportunity after the incident, but in no case later than 36 hours from the incident.

III Required Actions of the Domestic Violence Division

1. Within 24 hours of receiving any incident report from the police officer attending the scene, if no case exists, the DVD shall open a DVD case file and assign a case manager.
2. Each and every domestic violence call or incident must be recorded in the DVD case file immediately upon its receipt by the DVD.
3. The DVD case file shall require at least the following information be entered (or verified) for each and every domestic violence incident: Name and address of all parties, Date and time of incident, Description of incident, Physical injuries sustained, Damage to property, Threats made, The attending officer's name and assessment of the scene, Children involved, ages and names, Follow-up date(s), Checklist answers from victim.
4. Case managers shall be required to follow up with victims on all domestic violence incidents reported by police within 24 hours of the receiving the report. a. Upon a first incident, follow-up by telephone only is required; Two additional follow-ups required within 30 days of the original incident. b. Upon a second or third incident, follow-up must be in person by the case manager. Two-additional follow-ups are required within 15 days of the second incident.
5. The DVD shall provide specific tools to case managers, such as a checklist of services available to victims that shall be reviewed with victims. See Sample in Reference Section. The case manager is required to review all items on the checklist for each and every incident.
6. The DVD shall require case managers to conduct periodic further follow-up sessions with all victims.
7. Case managers shall act as liaisons between the victim and the state's resources for protection of victims and prosecution of violators. The case manager shall provide the victim information on and access to all public or private resources available.

IV Three-Strikes for Convicted Offenders

1. The intent of the law is to reduce violence and keep families with children together. Therefore, the law distinguishes between cases of domestic violence involving children and those without children involved.
2. The Act defines three Degrees of Domestic Violence, as follows: a. 1st Degree: Attempted murder resulting in hospitalization of victim, including attempted / rape, aggravated battery; battery in violation of restraining order; b. 2nd Degree: Battery resulting in physical injury to victim, but not hospitalization c. 3rd Degree: Batter resulting in little or no physical injury to victim
3. The following chart defines the distinctions and penalties for multiple convictions under this Act, varying for the factor of children, as follows:

Strike Mandatory Minimum Sentence

3rd Degree 2nd Degree 1st Degree

V Actions to Take In Case of Multiple Incidents Without Conviction

1. When the police or case manager receives a complaint of domestic violence that results in no injury or any charges being pressed, or in no conviction upon prosecution (herein defined as an "Incident"), then the Domestic Violence Management Division shall continue to track and monitor the case.
2. Each Incident involving a call to a case manager or police shall be recorded in the case file (computer database), and repeat incidents shall be treated more severely, even if criminal charges are not pressed because of lack of evidence. The following chart shows actions that the case manager is required to take by this Act in such circumstances:

Incident # Case Manager Actions Children Involved 1 Record Incident, follow-up weekly via phone for first 30 days following incident, tracking and monitoring of established cases, make counseling available 2 Record Incident, follow-up in person and via phone weekly, both parties warned advised to attend counseling 3 Record Incident, follow-up in person and via phone, both parties are required to attend family relationship classes and counseling No Children Involved 1 Record Incident, follow-up weekly for 30 days following incident, make counseling available 2 Record Incident, follow-up in person and phone, both parties required to attend family relationship classes and counseling 3 Record Incident, follow-up in person and phone, apply for mutual restraining order

3. The court may consider the case manager's domestic violence database file and the tracking history of alleged perpetrators in imposing a subsequent conviction sentence, except that the sentence cannot be less than the minimum sentence defined above.

VI Domestic Violence First-Occurrence Prevention

1. There is hereby created a state program entitled the Healthy Family Development Program (hereinafter referred to as "HFDP").
2. The HFDP shall consist of two sub-programs: A) Education and B) Counseling (therapy). A. Education. State-funded classes to help teach families necessary skills to encourage positive behavioral development, eliminating the tendency towards abusive behavior and violence. Classes shall be designed to teach the following skills to parents: Problem-solving, Parenting and Developmental Psychology, Decision-making, Communication, Ethics and Morals, Anger Management, Family Relationship Dynamics, Healthy Alternatives to Unhealthy Behavior. Classes shall be scheduled to accommodate a variety of schedules and attendance patterns, and classes shall be made available at minimum of two times per month. B. Counseling. Counseling programs for groups, families and individuals shall be available to address the following issues: Healing trauma victims and their families, overcoming and managing anger and violent tendencies, increasing self-esteem and confidence, managing interpersonal, moral and ethical dilemmas, living as an example for your children. Counseling shall be scheduled at least two times per month, at the discretion of the counselor and parties.
3. The HFDP shall be offered at no charge to the public.
4. The HFDP is a voluntary program available to all citizens. Convicted domestic violence offenders shall be compelled to attend both sub-programs of HFDP. Parties involved in three or more domestic violence incidents may also be compelled to attend HFDP, if they decide to remain as a domestic unit.
5. The HFDP meeting and functions may be held at facilities determined by the city, or county if no city, as the most appropriate or convenient location for the purpose(s).
6. The state shall encourage every parent / guardian to enroll in the HFDP program through a public awareness and publicity campaign funded by the state.
7. The state shall promote, suggest and make the classes easily available for enrollment by the parents at the time that they enroll the child in school at each grade level.
8. HFDP educators must be professionally trained and experienced in teaching the subjects listed above.
9. Therapists conducting therapy must be licensed mental health professionals experienced in conducting individual, family and group therapy sessions and developmental sociology / psychology.
10. Provide other incentives for parents to attend these classes and therapy sessions, such as an additional state income child-based tax credit for every parenting class passed or therapy session attended by the parents.

VII Incentive to Enroll In the Family Health Program

1. For each year of enrollment, the state shall provide an state income tax credit in the amount of $500 to every parent that enrolls in the FHP.
2. In order to receive the tax credit, the FHP must provide a certificate of completion for each year of FHP completed. In order to receive a certificate of completion, the parent must:
- Attend at least 75% of all classes;
- Receive at least a passing grade for each class;
- Attend at least 75% of all counseling sessions.