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HomeMy WebLinkAboutMINUTES - 06202000 - D1 TO: BOARD OF SUPERVISORS r ' ,.... . ,.� CONTRA FROM: Phil Batchelor, County Administrator rri' COSTA COUNTY DATE: June 20, 2000 fr SUBJECT: Zero Tolerance for Domestic Violence SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONIS): 1. DECLARE that the essential elements of successful implementation of Contra Costa County's policy of zero to/erenc a for domestk violence include: ✓ Increasing penalties, monitoring and family services at the misdemeanor level to halt the escalation of violence which leads to human tragedy and high costs of containment; ✓ Strengthening the investigation, prosecution and intensive supervision of felony offenders to protect Victims and reduce repeat offenses and recidivism; and ✓ Expanding family supports for victims and children to break the generational cycle of aggression and victimization that characterizes domestic violence. 2. AFFIRM that zero fo%rancae for domestic violence is sound social and fiscal policy, generating savings in human cost and within the law enforcement, justice, health and social service sectors. 3. EMPHASIZE that there is a profound, long-lasting, negative effect on children who are witnesses or victims of domestic violence, exposing them to greater risk of becoming adult aggressors or victims. 4. RECOGNIZE that the domestic violence system is complex and multi-faceted, spanning the civil, criminal, health and service sectors, and that actions taken to strengthen the system In any one area have corresponding impacts in other areas. CONTINUED ON ATTACHMENT: _ ,-I, YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE =APPROVE _ OTHER. SIGNATURE($). ACTION OF BOARD ON Irme 20, 2000APPROVED AS RECOMMENDED X OTHER SEE ADDENDUM FOR BOARD ACTION VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS(ASSENT None ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: CAO ATTESTED June 20, 2000 Presiding Judge,Superior Court PHIL BATCHELOR;CLERK OF Sheriff-Coroner THE BOARD OF SUPERVISORS District Attorney AD OUNTY ADMINISTRATOR Public DefenderChief Probation Officer Health Services Director Employment and Human Services Director DEPUTY Battered Women's Alternatives `--) l �-a0-0 a ADDENDUM TO ITEM D.1 June 20, 2000 On this date,the Board of Supervisors considered recommendations of County agencies, offices and the Courts to implement a policy of zero tolerance for domestic violence by strengthening the civil, criminal and victim services response to domestic violence. The following people presented testimony: Kathleen Odne, Dean& Margaret Lesher Foundation, 2538 Pawnee Drive, Walnut Creek; Joyce Jones, Battered Women's Alternatives, 45 Rutherford Lane, Pacheco; Mitzi Sales, Contra Costa Commission for Women, Planned Parenthood, 2185 Pacheco Street, Concord; Brigid McCaw, M.A., M.P.H., Kaiser Permanente Richmond; Kathy Lafferty, 1344 Sherwood Drive, Concord; Gloria Sandoval, Battered Women's Alternatives, P.O. Box 6406, Concord; The Board discussed the recommendations, all Supervisors expressed their support, including the following concerns and comments, : Supervisor DeSaulnier expressed an opinion that in addition to recommendations considered, it may be prudent, when the quarterly reports are prepared for the Board's consideration, to request that the County Chief of Police Association determine what resources are already in place within the cities, but which the cities would like to add to, and to meet with the public managers for discussion as part of the work on the comprehensive violence prevention plan, while not relying on co-coordination to achieve objectives. Also, it is quite important to this issue be added to next year's legislative package,utilizing the quarterly reports to identify front-end cost savings, and investigate the possibility of legislation identifying the plan as a pilot county project. Supervisor Canciamilla noted that investment in the program would expend all of the anticipated increased revenue from the state this year, and expressed a desire for additional information to ensure a successful investment. The Supervisor requested information regarding the current caseloads within the Sheriffs office, the District Attorney's office, the Public Defender, Probation and the courts relative to domestic violence. Supervisor Canciamilla expressed an interest in information regarding the action plans, goals, expenditure plans, and the evaluation process used to determine the effectiveness of the program in each department. Supervisor Canciamilla also noted a need for more information on what remediating actions the probation department or the courts would be taking relative to the offenders; and he expressed a further concern relative to the method of reporting back to the Board of Supervisors, how the Board would be informed of the departments goals attained or not attained, and the specific services that are to be provided to provide training of law enforcement or people in the field. Supervisor Canciamilla requested that the Board consider a broader definition of domestic violence to incorporate elder abuse. Supervisor Gioia stated it would be useful to investigate the possibility that Proposition 10 funds could be used for some of the programs, and to look to the cities for some investment. Having discussed the matter,the Board took the following action: ADOPTED the recommendations, with the additional comments and concerns of Board members included therein. 5. STIPULATE that steps taken to implement the zero tokrancae for domestic violence policy must be based on specified short- and long-term outcomes and backed by tracking and evaluation mechanisms to monitor the effectiveness of interventions. 6 DIRECT the County Administrator to give domestic violence interventions and services a high priority in the 2000-01 Recommended Budget and include the feasibility of funding the following: 7. ENDORSE the recommendation of the Presiding Judge of the Superior Court to increase early intervention by focussing resources on the post-conviction process for misdemeanor offenses, assigning a portion of one Judicial position with clerical support. Recognize that this process includes the consolidation of family law services involving the victims/children of these domestic violence offenders. 8. ASSIST victims of misdemeanor offenders with domestic violence case related orders, including court filings, adding 1 Senior Clerk ($52,500) 9. FURTHER ADDRESS the progressive nature of domestic violence by initiating the active supervision of misdemeanor offenders in this process, adding 2 Deputy Probation Officers and 1 Senior Clerk. ($213,888). 10. ASSIST the Court in assessing the effectiveness of the Court's Domestic Violence Restraining Order Clinic Pilot in West County, adding an evaluation component, automating legal forms and extending this Pilot, currently operating from January 1 through December 31, 2000, through the end of Fly 00-01 ($81,596). 11. REDUCE repeat offenses and protect victims and children by more closely supervising violent felony offenders and expanding the intensive supervision of these offenders, adding 1 Deputy Probation Officer and 1 Probation Supervisor I ($186,929). 12. IMPROVE access to available state funding for mental health and other services for victims and their children, especially families of misdemeanor offenders by expanding outreach in the Victim/Witness Program, adding 1 Deputy Probation Officer ($77,690. 13. ENSURE prompt protection of victims and children by Implementing the proposal of the Sheriff and the Superior Court to automatically enter Restraining Orders into the CLETS computer system, adding 2 Senior Clerks and system upgrades ($151,500). 14. DESIGNATE the Sheriff's Domestic Violence Case Tracking System as a primary venue for domestic violence data. EXPAND capacity to track and evaluate the effectiveness of domestic violence interventions by enhancing this Information system for tracking domestic violence police reports to disposition and producing statistics that assist in evaluating the results of Interventions, adding one Senior Clerk, reclassifying the existing Civilian Coordinator position and upgrading technical programming ($97,500). 15. REDUCE recidivism and the escalation of the cycle of domestic violence through vertical Investigation of domestic violence misdemeanors, adding 1 Detective and 1 Sergeant to the Sheriff's Persons Crimes Unit ($215,000). 16. DEVELOP specialized expertise in the prosecution of domestic violence misdemeanors as well as support for victims in their efforts to cooperate in the prosecution process, adding 2 Deputy District Attorneys and 2 Case Preparation Assistants ($324,394). 17. ADDRESS the increased workload in the Public Defender's Office as a result of strengthening other parts of the domestic violence system, adding 1 Deputy Public Defender III ($102,740). 18. IMPROVE access to domestic violence services for the most vulnerable victims of domestic violence, the economically disadvantaged as well as children at risk of out-of-home placement, by expanding the existing Employment and Human Services Department's CaIWORKs Domestic Violence Pilot and Children and Family Services Domestic Violence Pilot, through CBO contracts 2 -CIO for "Domestic Violence Liaisons" ($327,840---subject to the availability of state and federal funds). 19. INCREASE capacity to serve victims and their children who are suffering from domestic violence by training all appropriate County hospital/clinic staff in the identification, appropriate intervention and referral to domestic violence services ($100,000). 20. INCREASE the availability of critical services for domestic violence victims and their children: 1) Victims Services--advocacy and support to address legal issues associated with domestic violence, particularly at the misdemeanor level and 2) Children's Services-- individual/groupJfamily counseling for battered children and for children who witness domestic violence ($200,000). 21. INCREASE the capacity of all agencies involved in domestic violence issues to better work together as part of a system by continuing development of interagency protocols and interagency training on these protocols ($10,000). 22. DIRECT the County Administrator to work with appropriate Department staff to develop performance measures and submit quarterly reports on the implementation, including the return on investment, of the zero tolerance for domestic violence policy. FISCAL IMPACT: The total estimated annual cost to implement the zero tolerance for domestic violence policy recommendations is $2,141,581, including $193,500 of one-time-only costs. Actual projected costs for FY 00/01 are $1,650,960, assuming that services begin in the second quarter of the year. The recommendations add 17 FTEs and expand community-based supports across the agencies and Departments that provide civil, criminal, social and health interventions and services to domestic violence offenders and their victims. See attached summary for more detail BACKGROUND/REASON(S) FOR RECOI1 MENDATIONtS): On February 8, 2000, the Board of Supervisors adopted a series of recommendations regarding domestic violence, including a policy of zero tolerance for domestic violence. The Board directed the County Administrator to convene a meeting of the appropriate County Departments and other staff to determine the steps needed to fully implement this policy. On May 23, 2000, the Board directed the County Administrator to move forward with plans to implement the policy of zero tolerance for domestic violence. The County Administrator's Office is in the process of conducting extensive interviews and follow-up information requests with representatives from all sectors of the domestic violence system—civil and criminal justice, law enforcement, human and health services, community-based services and probation. There are also plans to research other County services. Initial findings are as follows: > Domestic violence is insidious It is characterized by a predictable, escalating cycle that can result in the injury or death of victims, including children. ➢ Domestic violence is ublquitous. It cuts across all economic and education levels, all age groups, ethnicities and other social and community characteristics. ➢ Domestic violence is progressive. A recent review of Probation felony domestic violence offenders in Contra Costa County showed that 38% had prior domestic violence-related misdemeanor convictions. ➢ Domestic violence is costly, bath in human and organizetlonal terms It contains many "hidden" costs – job turnover/lost productivity, school absenteeism/low performance – in addition to the high cost of law enforcement, civil/criminal justice, health services, mental health and substance abuse treatment, human services and community-based services. 3 6--,Vd ➢ Substance abuse is a sfgni scant contributing factor (although not necessarily a caused of domestic violence. In the review of Probation felony domestic violence offenders previously referenced, 90% had documented histories of substance abuses or were under the influence of drugs and/or alcohol at the time the felony crime was committed. ➢ Domestic vlolence is learned and generational Studies show that boys who witness family violence are more likely to batter their female partners as adults than boys raised in nonviolent homes. Girls who witness their mothers' abuse have a higher rate of being battered as adults. ➢ Domestic vlolence puts children at risk. Children In homes where domestic violence occurs are physically abused or seriously neglected at a rate of 1500% higher than the national average in the general population, according to the National Woman Abuse Prevention Project in Washington, DC. Investing in activities to address domestic violence at the earliest possible point in the cycle is effective from a fiscal perspective and worthwhile from a social perspective. Reducing repeat offenses, recidivism and halting the escalation of violence results in reduced high-end, crisis costs. Supporting victims through the legal process, providing counseling and other support services, and especially addressing the special needs of battered children and children witnessing domestic violence helps break the generational cycle of violence. An effective response to the problem of domestic violence should focus on interagency collaborations and developing a system of interventions and supports. Many County Departments and other agencies already work to align their activities and services. Both economies of scale and elimination of gaps and overlaps in the domestic violence system can be addressed by the development of interagency protocols. CAO staff will continue to work with Departments and other agencies to accomplish this and other items that the Board has identified in their previous Orders with regard to zero tolerance for domestic violence. 4 RECOMMENDATIONS FOR ZERO TOLERANCE FOR DOMESTIC VIOLENCE Agency/Dept. First Year 9 Months One-Time- Annual (Oct-June) Only Costs Program Description/Recommendation Sheriff 151,500 125,250 46,500 Victim Protection-Collaboration with Courts to implement automatic filing of restraining orders with law enforcement. Add:2 Senior Clerks-$105,000 Technical programming-$46,500 215,000 161,250 - Domestic Violence Unit Services-Improve felony and misdemeanor investigations. Add: 1 Detective-deputy Sheriff-$95,000 Add: 1 Sergeant-$120,000 97,500 79,375 25,000 Modify Domestic Violence Database-Expand tracking of misdemeanors and felonies. Add: 1 Senior Clerk-$52,500 Reclass: Civilian Coordinator to Manager position-$20,000 Technical programming-$25,000 464,000 365,875 71,500 District 324,394 243,296 - Increase Prosecutions of Misdemeanors-File misdemeanors; Attorney coordinate positions setting&dispositions; locate and transport victims/witnesses-, serve subpoenas; provide training to staff& outside agencies; liaison with CBOs for misdemeanor issues. Add: 1 Deputy District Attorneys for Central/East-$110,280 Add: 1 Deputy District Attorneys for West-$110,280 Add: 1 Case Preparation Assistant for Central/East-$51,917 Add: 1 Case Preparation Assistant for West-$51,917 Public 102,740 77,055 - Legal Representation-Ensure adequate defense for persons Defender accused of Domestic Violence. Add: Deputy Public Defender III-$102,740 Probation 186,929 144,197 12,000 Felony Intensive Supervision Services-Expand intensive supervision of violent felony offenders. Add: 1 Deputy Probation Officer-$76,694 Add: 1 Probation Supervisor I-$94,235 Support Services for above-$4,000 Furniture&Equipment for above-$12,000 77,694 58,271 - Victim Witness-Expand victim witness services to victims of domestic violence. Add: 1 Deputy Probation Officer-$76,694 Support Services for above-$1,000 213,888 160,416 - Initiate Misdemeanor Probation Services-Initiate supervision of convicted DV misdemeanors. Add: 2 Deputy Probation Officers-$153,388 Add: 1 Senior Clerk-$52,500 Support Services for above-$8,000 478,511 362,883 12,000 Courts Assist victims with Restraining Orders and Court filings. 52,500 39,375 - Add: 1 Senior Clerk-$52,500 81,596 81,596 - Extend Domestic Violence Restraining Order Pilot(6 months only) Includes Evaluation and Automation 134,096 120,971 - Employment 102,840 77,130 Child Protective Services-Domestic Violence Pilot &Human Expand CBO contract(2 Domestic Violence Liaisons) Services 225,000 168,750 - CalWORKS-Domestic Violence Pilot Expand CSO contract(3 Domestic Violence Liaisons) 327,840 245,880 - Health 100,000 75,000 100,000 Medical Training-Train all County hospital/clinic staff in Services identificationlappropriate intervention and referral. Community 100,000 75,000 - Children's Services-Provide individual/groupliamily counseling Based 100,000 75,000 - Legal System Support-Victim Support Services 200,000 150,000 - Project 10,000 10,000 10,000 Domestic Violence Protocols-Development&Training Administration TOTAL 2141,581 1,650,960 193,600