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AGENDA

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

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AGENDA

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  1. Building Partnerships to Enhance Access to the Criminal Justice System for Crime Victims with DisabilitiesA Massachusetts InitiativePresented by Elizabeth D. ScheibelNorthwestern District AttorneySeptember 20,2004

  2. 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

  3. DSS EOEA DPH DMR DMH MRC EOHHS Structure & Oversight Disabled Persons Protection Commission (DPPC) Executive Office of Health & Human Services (EOHSS) Department of Social Services Executive Office of Elder Affairs Department of Public Health Department of Mental Retardation Massachusetts Rehabilitation Commission Department of Mental Health

  4. DSS EOEA DPH DMR DMH MRC Structure and Oversight State Police Detective Unit at DPPC (SPDU) District Attorney (Eleven Districts) (DA) The Attorney General’s Office (AG) Department of Social Services Executive Office of Elder Affairs Department of Public Health Department of Mental Retardation Massachusetts Rehabilitation Commission Department of Mental Health

  5. Adult Protective Service System Disabled Persons Protection Commission (DPPC) Department of Mental Retardation (DMR) Department of Mental Health (DMR) Massachusetts Rehabilitation Commission (MRC)

  6. Attorney General District Attorney DPPC Massachusetts State Police Detective Units (SPDU) SPDU Statewide Specialized Units

  7. Identifying the ProblemPrevalence of Violence Against Persons with Disabilities

  8. 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

  9. 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)

  10. 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)

  11. “House of Horrors” - The Case that Changed the System in MassachusettsCommonwealth v. Harold and Karol Simonton Raynham, Massachusetts

  12. Harold Simonton Karol Simonton

  13. Tied to Piping hot radiator Fingers/Hands in vice grips Fingers in monkey wrench Burned with boiling hot water Hit 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 TORTURE

  14. W W W HAT ENT RONG BOARD OF BANKS DPPC HEALTH POLICE NEIGHBORS VICTIMS SOCIAL SCHOOLS SECURITY BUSINESS DMR FAMILY OWNERS A S F YSTEM AILURE

  15. The Massachusetts Response to the System Failure

  16. The Process DMR Investigation Advisory Panel Report Issued House Post Audit Report Issued Statewide Conference 1998 1999 1997 DMR Investigation Advisory Panel Established EOHHS Unites Human Service Agencies MOU Process Begins

  17. Multidisciplinary Agency ResponseJoint 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

  18. THE AGREEMENT (MOU) I. Statement of Purpose II. Participating Agencies III. Goals IV.Reporting and Investigation V.Human Services Investigation Liaison VI. Review and Evaluation

  19. 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

  20. 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

  21. 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

  22. 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

  23. 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

  24. IV. Reporting and Investigation • Investigation • Assignment of Criminal Investigation • District Attorney State Police • DPPC State Police • Local Police • Referred back for Civil Investigation • DPPC

  25. 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)

  26. Steering Committee • Purpose of Steering Committee • Directs activities of Executive Office of Public Safety (EOPS) Byrne Grant and “Building Partnerships” initiative

  27. 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)

  28. Steering Committee • Sub-Committees • Public Awareness • Training • Legislative • Grant • Prosecutors • Criminal Justice System

  29. Partnerships Projects • Public Education Campaign • Logo Development • Building Partnerships Brochure • Educational Brochures • Laminated Reporting Cards • Mass Mailings • State and County Training • Video Development

  30. 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

  31. Training • Human Service (Civil) Investigators • 40 Hour Basic Investigation • 40 Hour Sexual Assault Certification • Medical Community Training • SANE Nurses • Emergency Room Staff

  32. Training • Court Personnel • Americans with Disabilities Act Coordinators • Court Officers • Court Security • Judiciary

  33. 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

  34. Training • Communicating with Crime Victims with Disabilities Conference • Prosecutors • Forensic Interviewers • Victim Witness Advocates • Police Officers • Human Service Investigators • Human Rights Officers

  35. 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

  36. Partnerships Projects • Criminal Justice Training Council • Curriculum Development • New Recruits • Distance Learning • Local Police • Civil Investigators • Statewide Prosecutors Sub-Committee • Prosecution Issues • Prosecutors Conference

  37. Massachusetts Adult Protective System Response • DISABLED PERSONS PROTECTION COMMISSION (DPPC) • Department of Mental Retardation (DMR) • Department of Mental Health (DMH) • Massachusetts Rehabilitation Commission (MRC)

  38. DPPC INTAKE UNIT24 HOUR HOTLINE • 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 HOTLINE V/TTY 1-800-426-9009

  39. 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

  40. 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

  41. Building Partnerships Results …

  42. Criminal Investigations/Criminal ChargesDPPC Database

  43. Criminal Activity FY 2004DPPC Database CRIMINAL ACTIVITY FISCAL YEAR TOTALS SEXUAL ASSAULT ASSAULT & BATTERY LARCENY DEATH OTHER 350 367 95 16 52 TOTAL CASES 880

  44. The Partners In Protection What Went Wrong STATE POLICE DPPC TOWN SELECTMEN BUSINESS OWNERS LOCAL POLICE DPPC DISTRICT ATTORNEY FORENSIC INTERVIEWER NEIGHBORS SOCIAL SECURITY VICTIM WITNESS ADVOCATE STATE POLICE LOCAL POLICE BOARD OF HEALTH DMR FAMILY DMR VICTIMS DMH VICTIMS SANE MRC COURTS A System Failure

  45. 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

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