building partnerships to enhance access to the criminal justice system for crime victims with...
TRANSCRIPT
Building Partnerships to Enhance Access to the
Criminal Justice System for Crime Victims with
Disabilities
A Massachusetts Initiative
Presented by Elizabeth D. Scheibel
Northwestern District Attorney
September 20, 2004
AGENDA Introduction to the Structure of Massachusetts State
Agencies
Identifying Abuse as a Problem
“House of Horrors” – Case that Changed the System
Response to the System Failure
Building Partnerships Initiative Projects
How cases move through the Adult Protective Service System
Building Partnerships Results
EOHHS Structure & Oversight
EOEADSS
Department of Mental Health
Massachusetts Rehabilitation Commission
Department of Mental Retardation
Department of Public Health
Department of Social Services
Executive Office of Elder Affairs
MRCDMHDMR DPH
Disabled Persons Protection
Commission(DPPC)
Executive Office of Health &
Human Services(EOHSS)
Structure and Oversight
The Attorney General’s Office
(AG)
State Police Detective Unit
at DPPC (SPDU)
District Attorney(Eleven Districts)
(DA)
EOEADSS
Department of Mental Health
Massachusetts Rehabilitation Commission
Department of Mental Retardation
Department of Public Health
Department of Social Services
Executive Office of Elder Affairs
MRCDMHDMR DPH
Adult Protective Service System
Disabled Persons Protection Commission
(DPPC)
Department of Mental Retardation
(DMR)
Department of Mental Health
(DMR)
Massachusetts Rehabilitation
Commission (MRC)
SPDU
Massachusetts State Police Detective Units
(SPDU)
Attorney General
District Attorney
Statewide Specialized Units
DPPC
Prevalence of Violence Against Persons with
Disabilities 54 million Americans with disabilities
(U.S. Department of Justice, 1998)
5 million crimes committed against persons with developmental disabilities each year in the U.S. compared with (Petersilia, Ph.D., UCD): 1.4 million Child Abuse 1 million Spousal Abuse 1 million Elder Abuse 800,000 Hate Crimes
Prevalence of Violence
More than 90 percent of persons with developmental disabilities will experience sexual abuse at some point in their lives. 49 percent will experience 10 or more abuse incidents (Valenti-Hein & Schwartz, 1995)
A study of psychiatric inpatients found that 81 percent had been physically or sexually assaulted (Jacobson & Richardson, American Journal of Psychiatry, 1987)
Prevalence of Violence
62% of women with physical disabilities reported experiencing emotional, physical or sexual abuse (Nosek & Howland, 1998)
Only 3% of sexual abuse cases involving people with developmental disabilities will ever be reported (Valenti-Hein & Schwartz, 1995)
“House of Horrors” - The Case that Changed the
System in Massachusetts
Commonwealth v. Harold and Karol
Simonton Raynham, Massachusetts
TORTURETied to Piping hot
radiatorFingers/Hands in
vice gripsFingers in monkey
wrenchBurned with boiling
hot waterHit with whips,
thorned sticks, 3 lb hammers
Forced to hand over SS $$
Assaulted & threatened with several firearms
Hit with motor chain (causing blindness in one eye)
Attacked by vicious dogs on D’s command
Sexually assaulted Forced to beg for
food Forced to sleep in
doghouse
VICTIMS
NEIGHBORS
BOARD OF HEALTH DPPC
POLICE
BUSINESS OWNERS FAMILY
DMR
SCHOOLS
WHAT WENT WRONG
A SYSTEM FAILURE
SOCIAL SECURITY
BANKS
The Process
1997 1998 1999
House Post Audit Report
Issued
DMR Investigation
Advisory Panel Established
DMR Investigation
Advisory Panel Report Issued
EOHHS Unites Human Service
Agencies
Statewide Conference
MOU Process Begins
Multidisciplinary Agency Response
Joint Investigations
No one person or agency possesses all of the skill, knowledge, and resources necessary to respond to the complex problems of mistreatment and abuse.
Each agency brings a different perspective and different information to the table
THE AGREEMENT (MOU)
I. Statement of PurposeII. Participating AgenciesIII. GoalsIV. Reporting and Investigation V. Human Services Investigation
LiaisonVI. Review and Evaluation
I. Statement of Purpose
To provide a framework for the prompt and effective reporting, investigation and prosecution of crimes against persons with disabilities through a multidisciplinary approach
II. Participating Agencies(Multidisciplinary Team) District Attorney’s Office
Prosecutor Forensic Interviewer Victim/Witness Advocate
Disabled Persons Protection Commission Human Service Agency
Department of Mental Retardation Department of Mental Health Massachusetts Rehabilitation Commission
State Police
Other Team Members
Local Police Sexual Assault Nurse Examiner (SANE) Medical Professional Mental Health Consultant Speech and Language Pathologist Human Service Case Manager/Service
Coordinator
III. MOU Goals GOAL I: To provide protection, treatment and
continuity of care for persons with disabilities
GOAL II: To ensure crimes against persons with disabilities are promptly and effectively reported, investigated and prosecuted
GOAL III: To enhance communication and cooperation between law enforcement and human service agencies
GOAL IV: To increase awareness of crimes against persons with disabilities
IV. Reporting and Investigation
Reporting of Felonies Deaths Indecent Assault and Battery Assault and Battery Rape Intent to Commit Rape Larceny of a Person with a Disability
District Attorney Notified 24 hour period
IV. Reporting and Investigation
Investigation Assignment of Criminal
Investigation District Attorney State Police DPPC State Police Local Police
Referred back for Civil Investigation DPPC
V. Human Services Liaisons
State and Regional Civil Contacts Disabled Persons Protection Commission
(DPPC)
Department of Mental Retardation (DMR)
Department of Mental Health (DMH)
Massachusetts Rehabilitation Commission (MRC)
Steering Committee
Purpose of Steering Committee
Directs activities of Executive Office of Public Safety (EOPS) Byrne Grant and “Building Partnerships” initiative
Steering Committee
Membership District Attorney Disabled Persons Protection Commission (DPPC) Department of Mental Retardation (DMR) Department of Mental Health (DMH) Massachusetts Rehabilitation Commission State Police MA District Attorneys Association (MDAA) MA Office of Victim Assistance (MOVA)
Steering Committee
Sub-Committees Public Awareness Training Legislative Grant Prosecutors Criminal Justice System
Partnerships Projects
Public Education Campaign Logo Development Building Partnerships Brochure Educational Brochures Laminated Reporting Cards Mass Mailings State and County Training Video Development
Training
Law Enforcement Training Law Enforcement Training by County Criminal Justice Training Council State Police Academy
Distance Learning
Human Service Provider Training Service Provider Training by County
Training
Human Service (Civil) Investigators 40 Hour Basic Investigation 40 Hour Sexual Assault Certification
Medical Community Training SANE Nurses Emergency Room Staff
Training
Court Personnel Americans with Disabilities Act
Coordinators Court Officers Court Security Judiciary
Training
Communicating with Crime Victims with Disabilities Conference Personnel October 2002 Two Day Statewide Conference Interviewing Persons with
Mental Retardation: Dr. Nora Baladerian Mental Illness Physical Disabilities
Training
Communicating with Crime Victims with Disabilities Conference Prosecutors Forensic Interviewers Victim Witness Advocates Police Officers Human Service Investigators Human Rights Officers
Partnerships Projects
Massachusetts Continuing Legal Education (MCLE): Crimes Against Persons with Disabilities:
A Practical Guide to the Reporting, Investigation and Prosecution
Legislative Initiatives Revised and New Legislation Enhanced Penalties Prosecution Issues
Criminal Justice Training Council Curriculum Development
New Recruits
Distance Learning Local Police Civil Investigators
Statewide Prosecutors Sub-Committee Prosecution Issues Prosecutors Conference
Partnerships Projects
DISABLED PERSONS PROTECTION COMMISSION (DPPC)
Department of Mental Retardation (DMR)
Department of Mental Health (DMH)
Massachusetts Rehabilitation Commission (MRC)
Massachusetts Adult Massachusetts Adult Protective System Protective System
ResponseResponse
Operates a 24-hour Hotline, 1-800-426-9009
Receives reports of suspected physical, emotional, sexual abuse, neglect and deaths of adults with disabilities
Evaluates reports to determine required response [emergency or non-emergency] and jurisdictional criteria
Provides information and referrals to callers
DPPC INTAKE UNIT 24 HOUR HOTLINE
DPPC/SPDU Criminal Screening
District Attorney’s office notified Designated assistant district attorney
assigns criminal investigations to: Local Police DA’s SPDU DPPC’s SPDU
Human Service agency contacts notified Civil Investigator proceeds with protective
services
DPPC and Human Service Agencies Assisting Law
Enforcement Provides background data on alleged
victims, abusers and providers
Assists with interview process
Assists with gathering and analysis of medical and administrative records
Assists in coordinating needed services between law enforcement and human service agencies
Criminal Investigations/Criminal Charges
DPPC Database
86
477
880
0 4
97
645
238
32
321
622
10839
58 68 130
0
100
200
300
400
500
600
700
800
900
1000
FY 1997 FY 1998 FY 1999 FY 2000 FY 2001 FY 2002 FY 2003 FY2004
Criminal Investigations Charges
Criminal Activity FY 2004
DPPC DatabaseCRIMINAL ACTIVITY FISCAL YEAR TOTALS
SEXUAL ASSAULT
ASSAULT & BATTERY
LARCENY
DEATH
OTHER
350
367
95
16
52
TOTAL CASES 880
The Partners In Protection
VICTIMS
TOWN SELECTMEN
What Went Wrong
A System Failure
DPPC
NEIGHBORS
LOCAL POLICE
BUSINESS OWNERSDMR
FAMILY
BOARD OF HEALTH
STATE POLICE
SOCIAL SECURITY
VICTIMS
DPPCLOCAL POLICE
STATE POLICE
FORENSIC INTERVIEWER
SANE
VICTIM WITNESS
ADVOCATE
COURTSMRC
DMH
DMR
DISTRICT ATTORNEY
Building Partnerships Success
Improved communication and coordination Improved data collection and documentation Improved civil and criminal investigations Increased reporting, criminal investigations and
prosecutions Institutionalized systemic improvements Enhanced access to the criminal justice system
for victims with disabilities
Increased protection for victims with disabilities