The Grand Jury chose to investigate domestic violence as a
result of reviewing three reports: the State Attorney General’s Task Force on
Domestic Violence released in July 2005,[1] the
2003 and 2004 editions of the Santa Cruz County Community Assessment
Project - crime and domestic violence data sections, and the 2003 and 2004 Santa
Cruz County Domestic Violence Commission Annual Reports to the Community.
The Grand Jury wanted to determine if victims of domestic violence had an
opportunity to be safe and if batterers involved in domestic violence were
being held accountable. A broad approach was taken and the answers to these
questions were only partially answered by this investigation due to limitations
imposed on the Grand Jury investigative process. Recommendations are made to
further address and improve upon the services related to domestic violence in
The Grand Jury initially looked at the two locally established advisory bodies, the Domestic Violence Commission (DVC) and the Commission for Prevention of Violence Against Women (CPVAW), to determine if they were effective as proactive, watchdog entities on behalf of victims. The CPVAW was found to be proactive and effective. The DVC was found to be minimally effective in several areas and woefully inadequate in many other areas. Subsequently, a large number of recommendations are being made to assist the DVC in re-gaining focus and organizational effectiveness.
Funding, while not the focus of this investigation, was addressed to assess the environment in which all domestic violence-related service providers must function. Limited resources exist beyond the federal, state, and county funding streams that often vacillate with political and economic changes. Although the two primary, local, charitable organizations within the county are well respected and efficiently run, it is difficult for new organizations to be acknowledged or funded. Suggestions for consideration are included.
The Grand Jury then focused attention on organizations that provided direct services to victims. While not an easy path, the Grand Jury found that the opportunity to be safe exists. In general, direct services were found to be good to excellent. Domestic violence service providers would benefit from sharing information, experience, and referrals. Several recommendations are made regarding the need for collaboration as a cost-effective measure.
Batterers’ Intervention
Programs in
Finally, the Grand Jury looked at legal components related to domestic violence: law enforcement, legal assistance available to victims, the role of the District Attorney’s Family Protection Unit, and the role of the Probation Department in ensuring compliance with mandated fifty-two week intervention programs. Each component plays an important role in determining victim safety and batterer accountability. When each component functions optimally, batterers are held accountable and victims experience a greater degree of safety. To this end, several recommendations are made to strengthen the infrastructure that is in place.
501 (c) 3 Corporation: a nonprofit, nonstock corporation in California,
organized for religious, charitable, social, educational, recreational, or
similar purposes formed under the Nonprofit Corporation Law
ALTO: Adults Learning to Take Opportunity; assists with long-term recovery from drug and/or alcohol abuse and confronting violent behavior. Services include a state-certified Batterers’ Intervention Program.
ASR: Applied Survey Research; an independent, nonprofit research organization
Batterers’ Intervention Program: a fifty-two week program that consists of two-hour weekly sessions. Batterers are to file proof of enrollment in a Batterers’ Intervention Program with the court within thirty days of conviction.
BWTF: Battered Women’s Task Force, a collective of facilitators that provides support to battered women through weekly support group meetings
CALWorks:
a welfare program that gives cash aid and services to eligible needy
CAP: Community
Assessment Program, a
CASA: Court Appointed Special Advocate; a trained volunteer appointed by a judge to become a child's consistent support through the court system
Children's Network:
an interagency planning council formed to improve the delivery of services to
the children and families of
CLETS:
Community Foundation
of
Court Watch Programs:
volunteers who sit in court and carefully observe court proceedings and record
and report court actions. This program serves two purposes: the observer’s
presence reminds judges and prosecutors of the importance the community places
on how cases are handled, and their observations provide invaluable problem
analysis.
CPO: Criminal Protective Order, issued in criminal courts when sentencing a domestic violence defendant to probation
CPVAW: Commission
for the Prevention of Violence Against Women, a
DdM: Defensa de Mujeres, a nonprofit agency that provides services to victims of domestic violence. It merged with Women’s Crisis Support in 2005.
Deferred Judgment: a program in which some people arrested for lower-level drug offenses, such as non-violent offenses and possession for personal use only, may be eligible to plead guilty, accept this program, complete the program, and then have the charges dropped from their record
DOJ: Department of Justice. Criminal protective orders must be recorded in a statewide database maintained by the DOJ.
DV: domestic violence and emotional abuse are behaviors used by one person in a relationship to control the other. Partners may be married or not married; heterosexual, gay, or lesbian; living together, separated, or dating.
DVC: Domestic
Violence Commission; a
DVROS: Domestic Violence Restraining Order System; a Department of Justice tracking system for all domestic violence recorded cases
EPO: Emergency Protective Order; can be obtained by a victim at any time from a police officer who responds to a call for assistance. This is a stop-gap measure that can be obtained immediately, after which the victim can seek a TRO.
Family Court: court where divorce and child custody cases are heard
Family Court Services: include mediation, family dispute resolution, and custody evaluations
Family Law Facilitator: a program in the Santa Cruz County Superior Court that assists people who do not have attorneys with the following: child support orders; health insurance orders; spousal support orders, custody and visitation orders; and starting, responding to, or finalizing a divorce, separation, or parentage case
Family Matters: a now-defunct nonprofit organization that provided services to survivors of domestic violence, most recently to male victims
Fenix Outpatient Services: a nonprofit organization whose services include a state-certified Batterers Intervention Program
Formal Probation: when a Probation Officer is regularly in contact with an offender
Healthy Kids: a First Five program designed to provide comprehensive healthcare coverage for children without health insurance
HRA: Human Resource Agency; the Santa Cruz County government agency that includes Family and Children’s Services, Adult and Long Term Care, Benefit Services, and Careerworks
HSA: Health
Services Agency; the
Informal Probation: when an offender is not supervised by the county Probation Department or by the court
JANUS: a community-based, private, nonprofit organization that treats both alcohol and chemical dependencies
OAH: Order After Hearing; orders issued in Family Court that include all requirements listed in a restraining order
OES: Office of Emergency Services; receives reports of domestic violence by telephone or in writing
PTA: Pacific Treatment Associates; a for-profit agency that includes a state-certified Batterers’ Intervention Program
Proposition 36: This initiative allows most people convicted of first- and second-time, nonviolent, simple drug possession, to receive drug treatment instead of incarceration.
RO: Restraining Order, issued in family court in the form of an Order After Hearing. Restrained person shall not contact, molest, harass, attack, strike, threaten, sexually assault, batter, telephone, send any messages to, follow, stalk, destroy the personal property of, disturb the peace of, keep under surveillance, or block movements in public places or thoroughfares of the person seeking the order. The order expires three years from the date of issuance.
SAFE Connections for Kids: a supervised child visitation program
S.A.N.E.: Sexual Assault Nurse Examiner
S.A.R.T.: Sexual Assault Response Team
SCCC:
Survivor: a positive reference to those who have experienced domestic violence and are seeking to change their circumstances
SYB: Simply Your Best; a for-profit agency, services include a state-certified Batterers’ Intervention Program for both men and women
Treatment/Diversion programs: Judges can “divert” defendants from criminal prosecution to these programs. If convicted of domestic violence, a batterer would have to attend and complete such a program. If a defendant successfully completes the program, the arrest would be wiped off the books; if not, prosecution could be reinstated.
TRO: Temporary Restraining Order, issued in Family Court when a victim offers “reasonable proof” of domestic violence. The duration of a TRO is twenty days and can be extended by the judge pending a hearing. Its purpose is to ensure a period of separation, prevent a recurrence of domestic violence, and prohibit personal contact with the victim.
Vertical Prosecution: each case is handled by the same prosecution team from the time a complaint is reviewed and sent to the county level until final disposition of the case.
Victim: defined under
Family Code § 6211 as spouse, former spouse, cohabitant, former cohabitant,
person with a dating or engagement relationship
Victim Advocate: a
trained support person who provides services to survivors of domestic violence.
These services may include being present during a
S.A.R.T. examination or helping with completion of legal forms and court
processes.
VINE: a program that
offers twenty-four-hour, 365-day a year, toll-free telephone services in
English and Spanish to victims of crime and other concerned individuals.
Callers can anonymously access vital offender information, including custody
status, inmate location, upcoming court events, and sentence expiration.
Callers can register to be notified of any change in an offender's custody
status, such as release, transfer, escape, court event, or sentence expiration.
WAWC:
WCS: Women’s Crisis Support; a nonprofit agency established in
1977, provides services to victims of domestic violence; merged with Defensa de
Mujeres in 2005
One in every three women will be affected by domestic
violence in her lifetime. On average, more than three women are murdered by
their husbands or boyfriends in this country every day. In 2000, intimate
partner homicides accounted for thirty-three percent of the murders of women. Between the years 2000 and 2005, two
homicides occurred within
Domestic violence is defined as a pattern of coercive and
abusive behaviors that is perpetrated by adults or adolescents against current
or former intimate partners in order to control the partner. Of those involved
in organizations related to domestic violence, most would agree that power and
control are central issues of domestic violence. Behaviors may include repeated
physical abuse, psychological abuse, or sexual assault, all of which typically
progress in severity, leading to social isolation and potentially resulting in
death. Psychological abuse may include behaviors such as: threats, physical or
social isolation, ridicule, financial constraints, or public humiliation. The
vast majority of assaults on current or former partners are committed against
women.
Domestic violence is a serious
concern at county, state, and national levels. Three recent reports, two county and one state, each address the issue of domestic
violence in
The Community Assessment
Project (CAP), a
A thirty percent increase countywide in
domestic violence calls occurred within the
The number of domestic violence
cases with weapons has decreased in the cities of Capitola and
When reviewing crime rates as a
whole in
The Domestic Violence Commission
(DVC), an advisory commission to the Board of Supervisors, is composed of
members who are representatives of county organizations concerned with the
issue of domestic violence. The DVC began issuing an annual report on domestic
violence within the county under the auspices of the District Attorney’s Office
in 2003. To the extent data can be compared from 2003 to 2004, the number of
clients placing domestic violence calls to law enforcement agencies increased
nearly sixty-three percent while felony arrests decreased twenty-two percent,
and misdemeanor arrests remained the same despite the increase in reporting.
The 2004 report does not identify cities making felony and misdemeanor arrests
in contrast to the previous year when
The State of
An additional report, a
twenty-year retrospective (1984 -2004) on sexual assault in the City of
In addition to the Santa Cruz
County Sheriff’s Department, there are four municipal police departments within
the county (Capitola,
Many service providers for both
victims and batterers exist within the county. Most agencies are non-profit and
receive county and/or state funds. A few are privately funded. While never
sufficient, funding may come from a variety of sources and is often
competitively sought. Court referrals to non-profit and private agencies for
batterers and/or victims for counseling, classes, shelter, and/or legal
assistance are common.
The Santa Cruz County Grand Jury
last addressed the issue of domestic violence in 1995. However, the report
addressed only mortality rates in relation to domestic violence.
In an attempt to reflect an
accurate picture of domestic violence in
·
Advisory bodies
Victim safety and batterer
accountability is the primary focus of this investigation.
Methods utilized to gather
information included:
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blank.
For more than twenty-five years, domestic violence advisory
groups in
CPVAW was formed in 1981 by community initiative and became
a
According to the bylaws of the commission, its purposes are to:
prevent
sexual assault and domestic violence against women in the City of
ensure
quality services for women who have experienced sexual assault and domestic
violence in the City of
make issues of sexual assault and domestic violence public
concerns of the citizens of
CPVAW programs include: self-defense classes for women and
girls, the Safe Place Network, educational events for teen men and women, a
grants program, and collaboration with the City of Santa Cruz Police Department
(SCPD). With the cooperation of proprietors, CPVAW also distributes coasters at
bars citing the penal code for assault upon one who has consumed too much
alcohol. In addition, a media release advice packet in both Spanish and English
for law enforcement, and educational outreach at high schools has been
developed.
On
long-term data regarding the increase in reported
rapes in the City of
a comparison of the rate of rape in the City of
Santa Cruz with the State of California and five cities of similar character
(Huntington Beach, San Diego, San Luis Obispo, Santa Barbara, and Berkeley);
and
demographics (age, location, ethnicity, stranger, non-stranger,
brief encounter, etc.) of reported sexual assaults in
Although all data used in the report was provided by SCPD, questions were raised by the SCPD regarding accuracy and interpretation of the data. Rather than participating in a task force, the SCPD believed that its limited resources should be directed toward victim assistance and investigation.[4] Subsequently, the Santa Cruz City Council denied the task force proposal and proposed an alternate plan. In this proposal, the Santa Cruz City Public Safety Committee and CPVAW will combine to devise an action plan.
The Domestic Violence Commission (DVC), established by the
Board of Supervisors in 1994, has approximately twenty-four to twenty-eight
volunteer members who represent a variety of domestic violence-related agencies
throughout the county. There are three types of membership seats on the DVC:
membership by ex officio status (based on the office they hold),
membership by agency representation, and membership at-large. Members appointed
by position serve as long as they hold their qualifying positions. At-large
members and agency representatives serve for four years with staggered terms.
Terms of office for non-ex officio members begin on April 1. A
representative from the County Administrative Office holds a position seat. A
complete list of members is on the DVC web site.[5]
The DVC has five county-mandated responsibilities [County Code Chapter 2.118.050]:
helping to increase coordination between agencies, departments, and the courts, and with victims of domestic violence and abuse;
promoting effective and accessible education and treatment;
improving responses to domestic violence to reduce incidents of domestic violence;
examining domestic violence issues and making recommendations to the Board of Supervisors; and
establishing a committee from among the membership to develop protocols for use by law enforcement officers.
The DVC’s major projects include
producing an annual report on domestic violence for the past three years,
hosting an annual recognition ceremony to honor direct service providers, and
procuring several grants. In addition, meetings provide an opportunity for
domestic violence-related agencies to network.
1. CPVAW
bylaws state that its goals include preventing domestic violence against women,
providing quality services, and ensuring public awareness of domestic violence
as well as programs to prevent sexual assault.
Response: CPVAW PARTIALLY AGREES.
By-laws state that amongst other things,
CPVAW is required to develop a comprehensive plan for the prevention of rape
and domestic violence in the City of
2. CPVAW pursues its preventative role through educational outreach.
3. There is an ongoing demand for CPVAW self-defense classes.
4. Grand
Jury members observed that CPVAW meetings are well organized and productive.
Response: The City of
Response: CPVAW AGREES.
5. The CPVAW has posted a written mission statement, agendas, and minutes on the CPVAW web site.[6]
6. Terms on CPVAW are staggered so that no more than two commission seats expire at the end of a given year. Commissioners may not serve more than two consecutive terms. The commission bylaws mandate monthly meetings. Commissioners are allowed three absences with notification or two without notification per calendar year.
7. The
Grand Jury conducted an informal survey of downtown business sites (identified
by the Safe Place Network decal) that showed out of twelve employees at
different business establishments, only six were aware of the network and how
to respond to an incident. Only one employee offered a brochure. Several
employees were completely unaware of what the sticker represented; some offered
creative responses.
Response: The City of
Response: CPVAW
AGREES that some business establishments were unaware.
8. CPVAW provides information on domestic violence in Spanish both on its web site and in its pamphlets.
9. CPVAW
has an annual budget of $70,000 that pays for a half-time administrative
assistant, educational outreach, and instructors for self-defense classes. All
CPVAW commissioners are volunteers.
Response: CPVAW PARTIALLY DISAGREES.
CPVAW staff position is
a Commission Coordinator.
10. According
to a CPVAW member, CPVAW “has had significant difficulty in obtaining District
Attorney’s Office dispositions and updates.”[7]
Response: The Santa Cruz County
District Attorney’s Office PARTIALLY AGREES.
The District Attorney's Office investigative records and offenders'
criminal histories are not public records.
In addition, both offenders and victims have certain rights of privacy. Thus, information from our case files is not
generally available to members of commissions or any other member of the
public. However, information about case
dispositions and other court actions can be obtained from the Superior
Court. Thus, the same information that
we obtain from the courts is directly accessible to others, including CPVAW.
11. The CPVAW
report to the Santa Cruz City Council states that the rate of reported rape is
higher in the City of
Response: The City of
It is difficult to find comparison cities that
adequately match the socioeconomic and general demographic breakdown of our
locality. In addition, different cities
have different policing philosophies that prioritize different elements of
police work. The City of
Response: CPVAW
AGREES.
12. Santa Cruz
City Police officials stated at the
Response: The City of
The City of
Response: CPVAW
AGREES that SCPD stated this but CPVAW DISAGREES with SCPD conclusions.
The data analysis compared similar cities
(tourist; beach; university). There is no reasonable basis for the conclusion
that women in
13. One of the
reasons the Santa Cruz City Council cited for denying the establishment of the
Rape and Sexual Assault Task Force is that it has no jurisdiction to compel
some of the potential members of the proposed task force, such as the Santa
Cruz City Schools Superintendent, to participate in this project.
Response: The City of
Response:
CPVAW:
CPVAW AGREES that City Council took this action but DISAGREES that lack of ability to compel serving would make such a body inviable. The Commission felt that, with a formal invitation from the Mayor and Council, potential members would be honored to serve on the first-ever blue-ribbon task force on rape.
14. The DVC held a retreat in February 2006 to establish goals and revitalize the commission. Goals agreed upon at this retreat included:
improving and reorganizing commission structure;
evaluating and improving the annual report to the
community, emphasizing the effectiveness of Batterers’ Intervention Programs;
and
providing the community with education about domestic
violence.
According to the Executive Summary of the DVC Retreat Preparation Questionnaire Report, “The members’ issues and concerns in 2006 are strikingly similar to the ones reported in 2002.”[9]
15. The goals
of the DVC and its subcommittees vary from year-to-year depending on the
interests of the chair and the membership.
Response: The
The County notes that Section 2.118.050 of the
The domestic violence commission shall exercise the following
responsibilities in its efforts to decrease incidents of family violence:
A. Help increase coordination between agencies, departments and the
courts, and with victims of domestic violence and abuse;
B. Promote effective and accessible education, prevention,
intervention and treatment techniques which will be developed based upon
research and data collection; and
C. Seek to improve the response to domestic violence and abuse so as
to reduce incidents of domestic violence; and
D. Examine issues relating to domestic violence and made
recommendations in regard to administrative and legislative action to be taken
by the board of supervisors;
E. Establish a committee from among its membership, with the addition
of a representative of the office of the Santa Cruz County counsel, as
specified by Penal Code Section 853.6(a), to develop protocols for use by law
enforcement officers and recommend the adoption of said protocols to the board
of supervisors. (Ord. 4329 § 1 (part), 1994)
Response: The Domestic Violence Commission AGREES.
The goals of the Commission
vary depending upon what matters of concern or interest are brought to the
attention of the Commission by members of the public, and by the Commission
members themselves. Public comment is
welcomed at each meeting. Actual
membership is to be representative of all constituent groups, that is, advocacy
agencies, law enforcement agencies, the District Attorney’s office, Health and
Human Services, the Courts, health care, Probation, county Department of
Education, and batterer intervention programs.
16. The DVC
produces an annual report for the Board of Supervisors that highlights
activities, accomplishments, and future goals. The 2003-2004 report was not
approved as of
17. The annual
report by the DVC to the Board of Supervisors is not on the DVC web site. DVC
operating subcommittees are not identified on the web site, and their reports,
if they exist, are not included in DVC minutes. The DVC web site does not
include a full set of DVC agendas and minutes.
Response: The
18. The
Domestic Violence Commission Annual Report to the Community includes
information and statistics on advocacy groups, rate of child witness to
domestic violence, law enforcement, District Attorney filings,
and court protective orders.
Response: The
The “Report to the Community” provides
statistics and analysis of information compiled from advocacy groups, the
District Attorney’s Victim Witness program, law enforcement agencies, the
District Attorney, the Civil Division of the Courts, the Human Resources
Agency, Child Protective Services Division (child witness of domestic
violence), the Probation Department and domestic violence intervention agencies
(batterers programs). In 2007, the
Commission hopes to obtain information from Courts Criminal Division.
Response: The Domestic Violence Commission PARTIALLY AGREES.
The
“Report to the Community” provides statistics and analysis of information
compiled from advocacy groups, the DA Victim Witness program, law enforcement
agencies, District Attorney, the Courts – Civil Division, the Human Resources
Agency, Child Protective Services Division (child witness of domestic
violence), the Probation Department and domestic violence intervention agencies
(batterers programs). In 2007, the
Commission hopes to obtain information from Courts – Criminal Division. The Commission will also be exploring using
this information in a different format.
We discuss this further below.
In
addition, the Report to the Community has sought to analyze the information and
outcomes gathered from all sources, with the goal of using this information to
decrease domestic violence in
19. The DVC web
site and annual report to the community are not translated into Spanish.
Response: The
Response: The Domestic Violence Commission AGREES.
20. The DVC has
no budget. Staff has been provided by the organization to which the chair
belongs. Printing of the annual reports has been paid for by a variety of
sources: the Sheriff’s Department, the District Attorney’s Office, and the
Community Foundation. The DVC is seeking donations to print the 2004-2005
report to be released in Spring or Summer 2006.
Response: The
The operations of all County commissions are
funded through departmental budgets.
Response: The Domestic Violence Commission AGREES.
The DVC has no budget.
For the first time ever, the
Board allocated $1,500 to the District Attorney’s Office budget during its
2006/2007 budget hearing specifically this year for the Report to the Community
2006. While not a “budget”, this
allocation to cover printing costs for our Report to the Community is now
permanent and ongoing.
Additionally, and while this
is also not a “budget”, per County Ordinance, the District Attorney’s Office,
at their cost in overtime, shall provide staff support and clerical services to
the Commission (Ord. 4329 § 1(part), 1994). Member
organizations make donations through their member-staff, usually of supplies or
services. Printing the Report to the
Community 2003-2005 has historically been funded through a variety of funding
sources.
21. Grand Jury
members have observed that agendas are not followed and reports from
subcommittees were not made at DVC meetings, and action items were not tracked
from meeting to meeting. The meetings also lack member attendance and
participation.
Response:
The
The Commission observed the agendas for each meeting, deferring action
items to the next agenda whenever there was not a quorum.
In 2001, ten of ten meetings had quorums; in 2002, eight of ten
meetings had quorums; in 2003, five of seven meetings had quorums; and in 2005,
four of seven meetings had quorums.
Response: The Domestic Violence Commission PARTIALLY DISAGREES.
Agendas for the Commission
meetings are observed during each meeting, and followed item by item. On occasion the Chair has made adjustments to
the agenda in order to facilitate the meeting.
Minutes are generated at and after each meeting. For those meetings where there was not
quorum, agenda items requiring action were deferred until the next meeting.
In 2001, ten of ten meetings
had quorums, in 2002, eight of ten meetings had quorums, in 2003, five of seven
meetings had quorums, in 2004, five of seven meetings had quorums and in 2005,
4 of seven meetings had quorums.
The lack of member attendance
and participation is a continueing problem, as well
as the number of vacancies. The DVC further understands this finding as a statement about
how easy or difficult it is to follow our proceedings, and will seek to make
each meeting’s progress more clear.
22. DVC meeting
requirements are set by the bylaws of the DVC that state meetings are to be
held monthly.
Response: The
County Code 2.38.130 requires all
commissions to hold regular meetings, the time and place for which are to be
determined by a majority of members, as specified in the bylaws and approved by
the Board of Supervisors. The current bylaws of the Commission state that
“Regular meetings of the commission should be held quarterly.” Currently, the
Commission meets more frequently than quarterly.
Response: The Domestic Violence Commission PARTIALLY AGREES.
The Board of Supervisors by
The DVC may propose changes to
the meeting requirements in the
The most current bylaws approved
for the DVC state “Regular meetings of the Commission should be held
quarterly.” At the present time, we hold meetings more frequently than
quarterly.
23. On
Response: The
The concerns noted in the footnote are
reflected in the February meeting minutes rather than in the October minutes.
Response: The Domestic Violence Commission AGREES.
On
It is our goal to conduct the
actual work of the Commission in subcommittees and task forces, not in the
regular meeting times. The regular meeting times are for such small groups to
make reports, and for major actions to be voted upon. We decided to hold fewer than 12 meetings per
year, but more than 4, so that this goal could be met.
The footnote to this Finding
is incorrect, as the Minutes to
24. The DVC
minutes of
Response: The
On
When all of the DVC’s seats are filled, the DVC’s quorum is 14.
However, number of vacant seats has ranged from 1 to 5 vacancies, so the
number of members present to establish a quorum has
varied from 12 to 14.
The Domestic Violence Commission Bylaws filed on
Response: The Domestic Violence Commission AGREES with the
following clarification:
When all of the DVC’s seats are filled, the DVC’s
quorum is 14. The Commission has not had
a full appointment of Commissioners for quite some time. Until recently, the Commission has had as
many as 8 vacancies, making the quorum 12 or 13, not 14. The quorum depends upon the number of actual
appointed Commissioners. In March of
2005, we had five vacancies, with two additional resignations pending. There was also some discussion about the
number of Commission seats available, as Women’s Crisis Support and Defensa de Mujeres had held
separate seats, and then the agency merged.
25. DVC meetings in which a quorum was present are represented below:
|
YEAR |
NUMBER OF MEETINGS |
QUORUM |
|
2001 |
10 |
10 |
|
2002[11] |
10 |
8 |
|
2003[12] |
10 |
7 |
|
2004 |
7 |
4 |
|
2005 |
7 |
5 |
Table 1: Domestic Violence Commission Quorum Meeting Record.
Response: The
According to the County’s records, the
Commission met 7 times in 2003, and a quorum was present at 5 meetings in 2003
and 2004.
Response: The Domestic Violence
Commission PARTIALLY AGREES.
The
Domestic Violence Commission partially agrees with this finding. Attendance and participation are a continuing
issue. It is hoped that new energy and membership will occur naturally in
April of 2007 when some portion of the members’ terms expire, and that the
now-vacant seats will be filled.
Below summarizes
the number of meetings and the number of meetings in which there was a
quorum. This information was obtained
from a review of the 2001, 2002, 2003 and 2004 Annual Report to the Board of
Supervisors and agendas and minutes of DVC meetings.
|
Year |
Number of Meetings |
Quorums |
|
2001 |
10 |
10 |
|
2002 |
10 |
8 |
|
2003 |
7 |
5 |
|
2004 |
7 |
5 |
|
2005 |
7 |
4 |
26. The DVC
chair and vice chair are elected to one-year terms beginning in April. However,
there has been no scheduled meeting in April for the past three years.
Response: The
Response: The Domestic Violence
Commission AGREES.
27. For the
past three years, the DVC has had no latino
or gay/lesbian/transgender representatives. Three vacancies on the DVC have
been open since January 2005.
Response: The
Response: The Domestic Violence
Commission AGREES.
Considerable
time, efforts and energy on the part of the Commission members have been made
to find other persons who could volunteer for the vacant seats. In fact, the Commission has spent many
meetings in 2004 and 2005 discussing this problem, as our Minutes reflect.
28. In November
2005, the DVC had existing subcommittees composed of a commissioner chair and
private citizens who may or may not have been members of the DVC. At its
February 2006 retreat, subcommittees were formulated consisting solely of
commission members.
Response: The
The Domestic Violence Commission has an Executive
Committee composed of the Chair, Vice Chair and two or three other
Commissioners. No committee is limited to only member participants. At the
commission’s February 2006 retreat, subcommittees were formed consisting of
both members and non-member participants.
Response: The Domestic Violence
Commission PARTIALLY AGREES.
The
Domestic Violence Commission has an Executive Committee composed of the Chair,
Vice Chair and two or three other Commissioners. No Committee is limited to only Member
participants. At our February 2006
retreat, subcommittees were formed and consisted of Members and non-member
participants.
29. Subcommittees
reported on their activities at DVC meetings from 2001 until 2004. The minutes
of 2004 and 2005 do not reflect subcommittee action.
Response: The
Response: The Domestic Violence Commission AGREES.
1. According to its bylaws, CPVAW’s stated focus is on both sexual assault and domestic violence; however, current focus seems to be primarily on sexual assault.
2.
CPVAW has a long history of action and accomplishment
and serves the City of
3. Due to turnover in downtown businesses, not all employees in businesses displaying the Safe Place Network decal are as informed as they should be about the network.
4. CPVAW meets regularly according to its bylaws and has sufficient attendance to accomplish its goals. CPVAW reviews its bylaws in a timely manner.
5. CPVAW’s documents are readily available to the public. Agendas, minutes, bylaws, and mission statement are on its web site.
6. CPVAW’s membership and leadership terms are established to maintain energy and promote infusion of new ideas.
7. Providing CPVAW information in Spanish is a valuable service to an important segment of survivors.
8. Receiving
updates on case dispositions from the District Attorney’s Office would allow
for better statistical collection and a more complete understanding of domestic
violence and sexual assault in the City of
9. Both
SCPD and CPVAW agree that there is an increase in rape and sexual assault in
the City of
10. The Santa Cruz City Council does not have the authority to compel county, law enforcement, and school officials to participate in a task force on rape and sexual assault.
11. The DVC membership is concerned about the structure and goals of the commission and has taken preliminary steps in identifying its problems.
12. The Domestic
Violence Commission Annual Report to the Community provides
13. Translating the Domestic Violence Commission Annual Report to the Community into Spanish would increase its readership in an important constituency.
14. Because the DVC has no budget for publishing its annual report, valuable volunteer time is lost by having to solicit funds.
15. The DVC’s mandated responsibilities are not routinely addressed. DVC meetings with the required quorum are not frequent enough to conduct the work of the commission. Comparison of concerns stated at the two DVC Retreats (2002 and 2006) shows that these issues have not been adequately addressed. Evaluating Batterers’ Intervention Programs has been a DVC goal for several years.
16. The DVC
violates its own bylaws by not meeting on a monthly basis and not meeting in
17. Since 2004, attendance and interest have decreased with the reduction in number of meetings per year. Due to the reduction in number of meetings, the DVC is unable to accomplish its stated goals in depth.
18. Information on DVC activities and organization are not readily available to the public.
19. DVC membership terms are long and can be for extended periods of time leading to disinterest and lack of participation. Vacancies leave the DVC without representation in key areas.
20. A term of one year as DVC chair is not sufficient for the chair to gain experience and to allow for established goals to be implemented.
21. Opportunities for networking are not exploited at DVC meetings.
22. Without
hundreds of hours of volunteer work, advisory groups in
23. CPVAW
should address issues of domestic violence so that efforts are equal to those
expended on sexual assault.
Response: The City of
The recommendation will be implemented in
the future. The CPVAW will establish a timeframe.
Response: CPVAW:
The Grand Jury’s recommendation has not yet
been implemented, but will be implemented in the future.
It is true that the focus of CPVAW for the
past two years has been more on sexual assault than domestic violence. This
reversed a ten year trend of CPVAW focusing mainly on domestic violence. CPVAW
has a strategy for the coming year to give both serious issues due weight but
also recognizes that, while the community has a Domestic Violence Commission,
there is no such additional body to address sexual assault.
24. CPVAW
volunteers are to be commended for their dedication and accomplishments in
increasing awareness of domestic violence and sexual assault in the City of
Response: The City of
The recommendation has been implemented.
Response: CPVAW:
The Grand Jury’s recommendation has been
implemented.
Thank you; the Grand Jury’s appreciation is
most welcome.
25. CPVAW
should continue to serve the City of
Response: The City of
The recommendation has been implemented.
Response: CPVAW:
The Grand Jury’s recommendation has been
implemented. CPVAW’s staff person is diligent in this
regard.
26. CPVAW
is to be commended for providing information on domestic violence in Spanish.
Response: The City of
The recommendation has been implemented.
Response: CPVAW:
The Grand Jury’s recommendation has been
implemented. Thank you. CPVAW also has produced a Spanish version of resource
card for the
27. CPVAW
should continue to conduct ongoing education about the Safe Place Network with
downtown business employees.
Response: The City of
The recommendation has been implemented.
Response: CPVAW:
The Grand Jury’s recommendation has been
implemented.
CPVAW hired an independent contractor to
finish orientations and distribution of updated binders to the current
28. The District Attorney’s Office should report sexual assault and domestic violence case dispositions to CPVAW and DVC regularly rather than requiring a request.
Response: CPVAW:
This recommendation has been partially
implemented.
CPVAW welcomes this recommendation from the
Grand Jury. Since the Grand Jury commenced its investigation, the District Attorney’s
office has agreed to supply CPVAW with the disposition of current sexual
assault cases if CPVAW will supply the DA with SCPD case numbers. The
difficulty is in knowing which cases to ask for, since SCPD sends all of its
sexual assault cases to the DA. Having case disposition information flow
regularly (without request) from the DA’s office for both domestic violence and
sexual assault cases would be efficient and give meaningful, important data to
CPVAW.
Response: The Santa Cruz County District Attorney’s Office
DISAGREES.
This recommendation will not be
implemented. The District Attorney's
Office criminal case records are not public records. However, accurate information on
29. The
2006-2007 Grand Jury should consider investigating the crime of rape and sexual
assault in
Response: CPVAW AGREES.
CPVAW would strongly support such an investigation. CPVAW’s work in producing the first ever “Report on Sexual Assault and Rape” in 2006 has landmark status. However, it has raised as many questions as answers, and further investigation is needed, especially by a body as esteemed as the Grand Jury.
30. DVC
volunteers are to be commended for recognizing problems with commission
function and organization and taking preliminary steps to remedy them.
Response: The
The County appreciates the Grand Jury’s
comments.
Response: The Domestic Violence
Commission:
This recommendation has been implemented.
The DVC appreciates the commendation and is striving to continue addressing
these issues.
31. The DVC
should establish clear and focused goals and strategies at the beginning of
each year and submit them to the Board of Supervisors annually. These goals and
objectives should be published on the DVC web site.
Response: The
The County understands that the commission
is taking steps to implement this recommendation.
Response: The Domestic Violence
Commission:
The
DVC is presently implementing this recommendation.
At
the beginning of 2006, the Commission established goals for the year, and
created subcommittees with specific time lines for meeting those goals.
The
Executive Committee plans to conduct a retreat on an annual basis, to
continually re-establish new goals and objectives that will conform to the
changing realities of the community.
While the Commission acknowledges that, as the processes of the 2006
retreat are developed, and that the goals and timelines may change, we are committed
to continuing with our Retreat goals.
The Executive Committee is also planning on publishing its Annual Report
to the Board online, and is implementing this at this time. Our new website, with updated information,
will be ready by the end of 2006.
32. The Board
of Supervisors should hold established commissions responsible for achieving
goals and objectives and for following their bylaws.
Response: The
This recommendation has been implemented.
All commissions are responsible for achieving goals and objectives and for
following their bylaws.
33. The DVC
should post the annual report to the Board of Supervisors on the
Response: The
This recommendation will be implemented. The
commission plans to submit the 2005 Annual Report to the Board of Supervisors
in September 2006 and the 2006 annual Report in February 2007. The Annual
Reports will be placed on the commission’s web page.
Response: The Domestic Violence
Commission:
The
DVC is presently implementing this goal.
It
is anticipated that The 2005 Annual Report to the Board of Supervisors will be
submitted to the Board in September 2006 and The 2006 Annual Report to the
Board of Supervisors will be submitted in February 2007.
The web site will be updated as of
·
Agendas
& Minutes of the Commission from 2001 to the present.
·
Agendas
& Minutes of some committees from 2001 to the present.
·
The Annual
Reports to the Board of Supervisors from 2000 to 2004.
·
The Report
to the Community from 2003 to 2005.
·
Information
about the Commission:
·
Overview
·
·
Contacts
·
Vacancies
·
Position
Statements
·
List of
Committees
o
Charter
o
Membership
o
Meeting
dates, times and places
·
Ordinance
establishing the Commission
·
Bylaws
·
Brown Act
information
·
Open
Meeting Act information
·
Protocols
·
Domestic
Violence Awareness Month Activities
·
Links
34. The DVC
should continue to publish the annual Domestic Violence Commission Report to
the Community. The 2005-2006 Grand Jury Final Report is a beginning step in
evaluating batterers’ intervention programs. The DVC can build on this research
to evaluate batterer accountability throughout the legal system. In addition,
the report should identify cities making felony and misdemeanor arrests as does
the 2003 report rather than just giving totals for the county.
Response: The
This recommendation will be implemented. The DVC is in the process of
an in-depth evaluation of the efficacy of batterer’s intervention programs. The
Commission hopes to complete its evaluation by April 2007.
In the “Report to
the Community 2006”, DVC will identify the cities making felony and misdemeanor
arrests as in the 2003 report.
Response: The Domestic Violence
Commission:
This
recommendation requires further analysis. Implementation at this time has the
following limitations. The Commission is
a volunteer organization, composed of an unwieldy number of individuals already
burdened with important anti-violence work. The DVC has had many difficulties
over the past 18 months in achieving full attendance and participation. To date, DVC members have engaged in
tremendous collaborative efforts to publish this report, without any regular,
ongoing financial support.
The
Annual Report, while a worthy report, is an enormous undertaking for our volunteers
working in a volunteer capacity.
Considering the funding difficulties, not limited to only the publishing
of the report, but creating and editing questionnaires, gathering and
organizing the data, requesting or composing summaries of the information, and
putting it into a printable format, the DVC must consider other methods of
getting the message out to the community.
The
CAP report, an ongoing, well-funded and widely distributed project of the
Community Foundation, is a well-written, thorough report addressing crime,
violence, sexual assault, and domestic violence in our county. For several years running, the CAP report has
requested the assistance of one or more members of the DVC to assist in
reviewing and analyzing data. Last year the public defender, Larry Biggam, and this year the Chair, Heidi Simonson, were
called upon to assess the public safety findings.
Our
Community Efficacy Task Force will make use of the Grand Jury’s report in its
work evaluating Batterer’s Treatment programs over the next year.
35. The Board
of Supervisors should guarantee funding for the annual DVC report to the
community.
Response: The
This recommendation has been implemented for
2006-07. Funds were included in the District Attorney’s budget to pay for the
printing of the “Report to the Community 2006.”
36. Domestic
violence advisory groups should make sure their literature is in both Spanish
and English.
Response: The
This recommendation requires further
analysis on the part of the DVC. At present, the commission does not have or is
unaware of available resources to translate the website and public postings
into Spanish. Additionally, while the DVC looked into translating the “Report
to the Community”, funds were not available to do so. The DVC does commit to
continue to seek resources for this important recommendation.
Response: The Domestic Violence
Commission:
The
DVC would like to implement this recommendation, but has no funding to do
so. This recommendation cannot be
implemented without such funding. The
DVC will continue to ask for member organizations or the Board of Supervisors
for resources to implement this important recommendation.
37. Individual
members of the DVC should insist on compliance with bylaws concerning monthly
meetings and attendance. With established goals and productivity as the highest
concern, bylaws could be amended if necessary.
Response: The
The County supports this recommendation and
requires all commission members to comply with the commission’s bylaws.
Response: The Domestic Violence
Commission:
The
DVC will not be implementing the first part of this recommendation for the
following reasons.
Our
present Bylaws require quarterly meetings.
Nevertheless, we are presently meeting more frequently, as indicated
above.
In
June, the DVC appointed a small task force to review and revise the Bylaws, and
present them to the Commission as a whole for review and comment. The DVC intends to present amended Bylaws to
the Board for their review before the end of 2006.
Our
group of volunteer members is large. Our
attendance is low, and many members have been reappointed numerous times. There have been as many as 8 vacancies in the
past two years, presently there are three.
Removing members for lack of attendance we consider a poor method of
encouraging participation, but we have implemented it once this year.
38. The DVC
should consider changing its bylaws to shorten and stagger terms of office to
infuse the DVC with fresh ideas and energy.
Response: The
The County supports this recommendation and
defers to the commission to implement it. The commission has appointed a task
force to propose amendments, and one of their proposals is to shorten terms to
three years in length, and to add a provision that no member shall be eligible
to serve for more than two terms. The commission anticipates submitting
recommended changes to the Board for review and approval by the end of 2006.
Response: The Domestic Violence
Commission:
The
DVC is implementing this recommendation.
We are in the process of reviewing our Bylaws, a process started earlier
this year.
Shortening
and staggering the terms of office will be considered as a portion of the
entire bylaw review process. The DVC
wholly agrees that fresh ideas and energy are needed.
As
indicated above, we have appointed a task force to propose amendments, and one
of their proposals is to shorten terms to three years in length, and to add a
provision that no member shall be eligible to serve for more than two
terms. We anticipate presenting the
proposed Bylaws to the Commission, and thereafter the Board by the end of 2006.
After
the amended bylaws are approved by the DVC, they must be submitted to the Board
of Supervisors for their review and approval. We would appreciate from the
Board any and all efforts to fill vacancies.
39. The DVC
should consider re-establishing an executive committee and identifying these members
on the DVC web site. It should also consider increasing the number of officers
to share responsibilities.
Response: The
This recommendation has been implemented.
The DVC has an Executive Committee, which was re-elected in June of 2006 and
consists of the Chair, Vice-Chair and two to three at-large commissioners. The
DVC has already drafted a revised website for the DVC which includes reference
to all current committees, including the Executive Committee, and each
committee’s members. The DVC anticipates the new website with this information
will be available within 30 days, after review by the Commission as a whole.
Response: The Domestic Violence
Commission:
This
recommendation has already been implemented.
The
DVC already has an Executive Committee, which was re-elected in June of
2006. The Executive Committee is
composed of the Chair, Vice-Chair and two to three at-large commissioners.
The
DVC has already drafted a revised website for the DVC which includes reference
to all current committees, including the Executive Committee, and each
committee’s members. The DVC anticipates the new website with this information
will be available within 30-60 days, after review by the Commission as a whole.
40. The DVC
should fill its vacancies and remedy the attendance problem.
Response: The
The DVC is implementing this recommendation.
Members of the commission are appointed by the Board of Supervisors from
applicants. Each member of the commission has actively sought volunteers
willing to apply to the Board for membership, especially for the at-large
seats, without success. The County’s website provides information on applying
for vacant Commission spots and the DVC’s new website
will post the vacancies available.
Response: The Domestic Violence
Commission:
The
DVC cannot implement this recommendation. Membership is controlled by the Board
of Supervisors.
The
DVC may recommend persons to the Board for its vacancies, but it is the Board’s
duty to fill our vacancies. Review of our Minutes will reflect how much each
member has actively sought volunteers willing to apply to the Board for
membership for (in particular) the at-large seats, without success. Our meeting
Minutes from the end of 2004 and January 2005 forward reflect the Commission’s
discussions of and attempts to remedy this problem.
The
DVC’s new website will also post the vacancies
available. The County’s website also provides information on applying for
vacant Commission spots. The DVC is committed to regular retreats in order to
focus and galvanize the present membership, and remedy the attendance problem.
The DVC has also recently removed a non-attending member, and notified the
Board of the vacancy.
41. The DVC
should consider amending its bylaws to increase the chair’s term of office.
Response: The
This recommendation will be implemented. The
DVC will review the length of the term of office of the Chair as a part of its
overall review of the bylaws as stated in the response to recommendation 16.
Response: The Domestic Violence
Commission:
The
DVC is implementing this recommendation. The DVC will review the length of the
term of office of the Chair as a part of its overall review of the bylaws as
stated in the response to recommendation 16.
42. The DVC
should develop an orientation process for new members.
Response: The
This recommendation requires additional
analysis. The DVC will place this recommendation on its agenda before the end
of 2006, and request the formation of a short term task force to develop an
orientation process.
Response: The Domestic Violence
Commission:
The
DVC will implement this recommendation. Implementation will require further
time to develop either a simplified mentoring program or a new-member notebook
with orienting materials. The DVC will place this recommendation on its agenda
before the end of 2006, and request the formation of a task force for a short
term, to develop an orientation.
43. The DVC
should require each member to give an annual presentation on the organization
he or she represents to update the commission as a whole.
Response: The
This recommendation requires additional
analysis. The County defers to commission members to determine whether such
presentations would be a valuable use of the commission’s time.
Response: The Domestic Violence
Commission:
The
DVC will implement this recommendation with some amendments. The Commission changed the format of our
meetings in 2005, eliminating member presentations. At that time, members
requested shortened meetings, as our attendance declined. The previous
presentations ceased approximately one year ago, and currently consist only of
introductions and communications from Commissioners. At this time, this
recommendation can be implemented by November 2006, although our intent is to
request two members per meeting provide “guided” reports on their organizations
goals or direction as it relates to domestic violence.
44. Individual
members of the DVC should take full advantage of networking opportunities to
collaborate, problem solve, and determine whether unaddressed needs of
survivors exist.
Response: The
The County supports this recommendation and
encourages commission members to implement it.
Response: The Domestic Violence
Commission:
The DVC has already implemented this
recommendation, by including an agenda item at the beginning of each meeting to
provide time for this to occur. The Executive Committee approved earlier this
year adding “networking time” to the beginning of the meeting. The Chair
actively supports this at our meetings. Each member has been provided these
recommendations, and hard copies will be made available at our next meeting.
45. The DVC
should include information about its subcommittees on the
Response: The
This recommendation will be implemented.
Response: The Domestic Violence
Commission:
This
recommendation is currently being implemented. The DVC, without a budget,
relies upon the CAO’s office for technical assistance
in producing, editing and posting our website. The CAO’s
office has recently completely revamped our website, and the DVC will be
reviewing it within approximately 30 days.
46. DVC
volunteers are to be commended for increasing awareness of domestic violence in
Response: The
The County concurs with the Grand Jury’s
appreciation of commission members.
Response: The Domestic Violence
Commission:
The
DVC has implemented this recommendation, and further appreciates the
commendation! We appreciate the work of the Grand Jury’s Health and Human
Services Committee and their investigation, findings and recommendations.
Entities |
Findings |
Recommendations |
Respond Within |
|
|
17 - 18, 23 - 26 |
10 - 13 |
60 Days |
|
|
4, 7, 11 - 13 |
1 - 5 |
60 Days |
|
|
15, 18 - 30 |
8 - 9, 11 - 12, 14 - 24 |
90 Days |
|
|
4, 7, 11 - 13 |
1 - 5 |
90 Days |
|
District Attorney’s Office |
10 |
6 |
60 Days |
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An appropriate quote from the Community Foundation of
Santa Cruz County’s recent 2005 Nonprofit Landscape Study offers a
reflective thought in regard to funding of service providers, in general, and
for the purposes of this report, to domestic violence service providers.
“Providing nonprofits with the technical, financial and volunteer support
necessary to help them thrive is ultimately in the best interest of all
Organizations providing services related to domestic
violence are funded through federal, state, and local grants, private donors,
and charitable distributions. Of all the service providing agencies related to
domestic violence that were reviewed by the Santa Cruz County Grand Jury, most
were among the nonprofit sector, two were for profit, and one was
self-sustaining with little or no funds.
The Santa Cruz County Human
Resource Agency (HRA) subcontracts with at least sixty Health and Human
Services nonprofits to provide a wide range of social services within the county.
The Health Services Agency (HSA) funds health-related nonprofits that provide
drug and alcohol abuse programs. Funding for these agencies comes from county,
federal, and state funding sources. Additional monies from a fee on marriage
licenses and from the Probation Department are allocated to domestic
violence-related programs in the county. At present, no single-source document
identifies the total funding of nonprofits in the county by service provider,
the granting agency that allocates funds to their organization, and the mix of
public and private monies from various sources. Contracts with nonprofits
totaled over six million dollars in fiscal year 2004-2005.[14]
Because there is no single-source document, the Grand Jury was unable to
determine the percentage of funds specifically allocated to domestic violence
service providers. Decisions to allocate county funds are made by the Board of
Supervisors and are based on recommendations of budget analysts, department
directors, and oversight boards. In this time of budget constraints, legitimate
concerns are raised regarding the cost of duplicated services and
administrative costs. The recent
administrative consolidation (1999) and subsequent merger (2005) of Defensa de Mujeres and Women’s
Crisis Support provides an example of potential budget efficiency (economy of
scale).
“In contrast to other
The nonprofit funding
environment is limited and competitive in
With salaries often higher
for comparable positions in nearby larger cities, many organizations rely on
the passion and compassion of individuals dedicated to a particular cause.
Based on a recent study of nonprofits in
Establishing a diverse funding base through fund raising, grant writing, and development of marketing and solicitation materials requires staff, time, energy, and specific skill sets. The Grand Jury has deduced that young organizations with less staff, visibility, and minimal strategic short- and long-term goals often flounder and struggle for years before becoming established or disappearing altogether. One such organization, offering a unique service, ceased operation within the past year. The majority of organizations reviewed in this report relies heavily on volunteers within the community to support and implement organizational goals.
Core funding of nonprofit
organizations related to domestic violence is established through federal and
state grants, service contracts with local government, and private donations.
Additional monies could be obtained from two local charitable, funding
organizations, the
47. The
Executive Director of
48. United Way has sixteen staff members, half of whom are First Five employees. United Way also staffs the Children’s Network.
49. United Way raises approximately $1.3 million per year through local agencies, employers, businesses, and corporate and private donors.
50. Consideration
for initial funding by
51. In
addition to the established funding areas,
52. An
extensive application for funding by
53. The
54. The
Walnut Avenue Women’s Center Support Groups have been funded by
55. A
designated
Response: United Way AGREES.
56. Individual
donors can designate monies to the
57. A
scheduled one-hour, on-site evaluation of
Response: United Way AGREES.
58. United Way plays a directive and contributory role in the development and annual distribution of the Community Assessment Project (CAP). The CAP has been produced for eleven years and provides access to trended data related to many social issues of concern to various members of the community.
59. The Community Foundation of Santa Cruz County was established in 1982. The current Executive Director has been in the position for ten years. An eighteen-member volunteer board of directors actively guides a staff of 9.3 employees all of whom have nonprofit experience.
60. The Community Foundation recently participated in a study of time/cost analysis to streamline its operations and guide strategic planning.
61.
Web site and marketing materials for Community
Foundation are current and thorough.
62. The Community Foundation of Santa Cruz County funds nonprofit organizations or agencies designated by donors.
63. The range of total funds distributed annually by Community Foundation is $500,000 - $4,000,000 depending on monies earned, raised, or received that year.
64. Annual distributions by Community Foundation for all selected competitive grants range from $500,000 - $770,000.
65. Funding sources for the Community Foundation include investments, donors, partnerships, and fundraising.
66. The Community Foundation maintains seven fields of interest in which to receive and disburse monies: Arts and Humanities, Community Development, Education, Environment, Health, Historic Preservation, and Human Services.
67. Funds are disbursed by Community Foundation to local nonprofits based on grant application or donor-advised funds.
68. Community
Foundation funding for 2003 to domestic violence-related service providers
included Walnut Avenue Women’s Center, Women’s Crisis Support-Defensa de Mujeres, and
69. Community Foundation funding for 2004 and 2005 to domestic violence-related service providers included Walnut Avenue Women’s Center, Defensa de Mujeres, and Women’s Crisis Support.
70. There is an annual competitive application process for Community Foundation grant funds.
71. After receiving grant funds from the Community Foundation, an agency must wait for three years before submitting another grant application. However, some agencies receive annual distributions from donor-advised funds.
72. Community Foundation staff evaluate the expenditure of distributed funds through site visits and mid-term and final reports. On occasion, site visits are made prior to funding.
73. Other programs and services of benefit to the community offered through the Community Foundation include:
·
management training workshops;
·
grant application workshops;
·
a CD-ROM data base of other funding foundations;
·
a board match program to assist nonprofits in
finding board members;
·
estate planning; and
·
a list of nonprofits
and their purposes to assist donors in making their contribution decision.
74. The Community Foundation underwrote a study of local nonprofits in 1999 and 2005 to assess the local nonprofit landscape.
75. There
is no single-source document that identifies the budgets of domestic
violence-related agencies in
Response: The
76. Representatives
of the
Response: United Way PARTIALLY
AGREES.
Because most community based health and
human services have long waiting lists for client services we are not concerned
about duplication of services within the county. We do think however that some
economies of scale could be achieved if several small non-profit agencies
merged to share administrative services and costs.
77. Leadership in both organizations is stable.
78. Both organizations are well entrenched within the community, are efficiently run, and provide valuable services to the community.
79. Both organizations maintain a degree of transparency with information readily available through current web site access, printed materials, and media exposure.
80. Many
grass roots service agencies in the county rely on yearly funding from
81. Since
funding by
82. The Community Foundation provides an important source of financial assistance to local, stable, 501(c) 3 nonprofits seeking funds for specific projects. It is difficult for young organizations or established non-501 (c) 3 agencies that have no funding source, such as Battered Women’s Task Force, to receive small grant consideration.
83. The
84. The
2005
85. The broad variety of programs and projects offered by the Community Foundation reflects its philanthropic goal of outreach to the community.
86. An overall picture of domestic violence-related funding in a single-source funding document would be useful to the DVC in meeting its goals.
87. In
an environment of continuing countywide budget constraints, and the continuing
growth in the numbers of nonprofits, a study of duplicated services and
administrative costs by nonprofit agencies within the county has not occurred.
Representatives from the
88. The
Grand Jury commends the
Response: United Way AGREES.
Thank you, we do intend to continue
sponsoring the Community Assessment Project and related special reports.
89. The Grand Jury commends the Community Foundation of Santa Cruz County for its organization, transparency, and its broad range of services provided to the nonprofit sector and recommends that it maintain all services.
90. The
Response: United Way AGREES.
The Agency Relations Committee of the Board
of Trustees will consider action on this recommendation.
91. The
Response: United Way AGREES.
The Agency Relations Committee of the Board
of Trustees will consider action on this recommendation.
92. The Community Foundation may want to consider a trial program wherein a selected, young (less than four years old) nonprofit, offering a unique service, or an established, productive but unfunded agency could be assisted financially and managerially for a selected period of time.
93. Representatives
from both organizations should be active participants
in future county-wide discussions on the collaborative efforts of nonprofits
and the impact of duplicated services and costs.
Response: United Way AGREES.
We look forward to participating in
county-wide discussions to reduce costs and improve health and human services
in
94. The
DVC should collect budgetary information on direct service providers and
Batterers’ Intervention Programs to get an overall picture of funding.
Response:
Domestic Violence Commission:
The
DVC will not be implementing this recommendation. The Commission has no funding or staff to do
so.
Response: The
This recommendation requires further
analysis. The County defers to the commission to determine whether this action
would assist the commission in meeting its responsibilities.
Entity |
Findings |
Recommendations |
Respond Within |
|
United Way |
9, 11, 30 |
1, 3, 4, 6 |
90 Days ( |
|
Community
Foundation of |
20, 24, 30 |
2, 5, 6 |
90 days ( |
Entity |
Findings |
Recommendations |
Respond Within |
|
Domestic Violence
Commission of |
29 |
7 |
90 Days ( |
Two primary nonprofit
organizations, Women’s Crisis Support-Defensa de Mujeres and Walnut Avenue Women’s Center, provide a variety
of services and programs that enable female victims to address their life
situations and, eventually, to rebuild their lives. A third organization that
provides direct services to women is the Battered Women’s Task Force (BWTF). It
is housed within the Walnut Avenue Women’s Center. A fourth organization,
Women’s Crisis Support
(WCS) was established in 1977 in
· state-mandated domestic violence training for employees and volunteers
healthy families program
Approximately 1,700 clients
were provided domestic violence-related services in the year 2004-2005. The
most frequently used services were: advocacy, peer counseling, crisis
intervention, and legal services. Services were utilized by all ethnicities. In
2005, WCS-DdM provided emergency shelter to fifty-six
women and sixty-eight children. Length of stay ranged from one to ninety-one
days with an average of twenty-four days. Total bed nights provided were 2,972. The Client Satisfaction Survey, conducted
by Applied Survey Research in 2002-2003, reflected quite favorably on the
organization. Large numbers of volunteers support the organization.
The Walnut Avenue Women’s
Center (WAWC) is located in the City of
· childcare centers
· a family literacy program
· youth programs
· a domestic violence program
· teen mom program
· mentoring program for youth
· parenting classes
· SAFE Connections for Kids (a supervised child visitation program)
WAWC has a satellite
presence in Live Oak and at
Both WCS-DdM and WAWC receive funding through federal, state, and
county funding streams. Federal and state funding sources include the
Office of Emergency Services and the Department of Health Services – Domestic
Violence Division. County funding is administered through the Health Services
Agency and the Human Resource Agency. In addition, cities within the county
contribute annually to operational budgets. Federal, state, and county funding
varies from year-to-year with the political and economic climate. Both
organizations receive monies from the
The Battered Women’s Task
Force (BWTF) has been in existence for over fifteen years. It is a collective
of ten to fifteen facilitators who provide support to battered women through
weekly support group meetings. The meetings are conducted at the WAWC. Those
attending the groups are referred to as survivors and are assisted
through three levels of self-development to process their experiences and
strengthen their decision-making for the future. Meetings are confidential and
serve to facilitate the healing process. Drop-ins are welcome. Grocery
supplies from Second Harvest Food Bank are often distributed at the end of
meetings. The BWTF has no consistent funding source but may receive small
amounts of money from time-to-time through grants. Monies obtained through
grants are used to produce materials for the survivors and to increase public awareness.
The BWTF has produced an excellent resource book for participants,
however, it is currently available only in English.
The Grand Jury developed an
open-ended questionnaire in English and Spanish to solicit survivor input. The
questionnaires were distributed to facilitators in areas where support groups
or shelters were located. The intent was to provide a voice to survivors and to
gather information from survivors about problematic areas encountered within
the system. Respondents overwhelmingly indicated their appreciation for the
centers that offered them services. Respondents from
shelters expressed gratitude for having a safe and supportive environment in
which to begin healing and to take positive steps. With childcare services
offered, the opportunity to attend a support group without the responsibilities
of childcare promoted attendance and participation at the service centers.
Survivors viewed support groups as a lifeline to continued growth. Legal
assistance and court advocacy were reported to strengthen their resolve and
facilitate personal progress. Other amenities such as food distribution, social
service and health referrals, and clothing distribution were also appreciated.
Frustrations included the large number of agencies to be contacted by survivors
to access needed assistance. The lack of transportation was reported to hamper
the ability to access assistance, seek employment, access health care, and
provide for the welfare of children. Personal frustrations centered around
living with fear for personal safety, perceived indifferent response by female
police officers, the unknown, and the emotional rollercoaster of deciding to
start anew.
The average number of
clients served on a monthly basis is 285. Unduplicated contacts for the year
2004-2005 were 1,626. Eighty-one percent of all clients are Latino and
two-thirds of those receiving services are female. Seventy-three percent of all
clients receiving services are monolingual Spanish. Ninety-two percent are
considered to be in a very low-income bracket despite a majority being
employed. The services most utilized were food and clothing assistance.
Family Matters was started
in
95. The Women’s Crisis Support and Defensa de Mujeres are one organization.
96. WCS-DdM has a board of directors, established bylaws, and an Executive Director who has been in the position for nine years.
97. WCS-DdM is transparent in its operations. All materials requested by the Grand Jury were promptly submitted and indicated an efficient level of organization and tracking of data.
98. The
Women’s Crisis Support service center is located in the City of
99. The
DdM service center is located in
100. WCS-DdM offers a wide variety of programs in English and Spanish that serve women, teens, and families.
101. WCS-DdM provides the sixty-hour, state-mandated training for those planning to work or volunteer in the field of domestic violence. Two training sessions are conducted each year. Approximately thirty-six to forty persons were trained in 2005.
102. Over 1,700 women received support through WCS-DdM in the past year. Additional services were provided to families and those in parenting and self-defense classes.
103. A fifteen-bed emergency shelter exists within the county and is operated by WCS-DdM. The shelter provided bed space to fifty-six women and sixty-eight children in 2005. Total bed nights was 2,972.
104. WCS-DdM trains and is the sole source within the county for Victim Advocates who function as part of the Sexual Assault Response Team. There are over fifty trained Victim Advocates with at least three people on call at all times. All employees of WCS-DdM are advocate trained and can function in the role of Victim Advocate.
105. Information regarding WCS-DdM is available to the public through brochures, flyers, a quarterly newsletter, and its web site www.wcs-ddm.org.
106. WCS-DdM partners with the Commission for Prevention of Violence
Against Women (CPVAW) to offer the Safe Place Network
among downtown
107. The Executive Director of WCS-DdM holds a commissioner seat on the Domestic Violence Commission, has a moderate attendance record, and actively participates in meetings attended.
108. The
Walnut Avenue Women’s Center (WAWC) is located in the City of
109. WAWC has an established board of directors, established bylaws, and an Executive Director who has been in the position for thirteen years.
110. WAWC is a family resource center that offers programs for children, families, and women with issues related to domestic violence.
111. Seventy-five percent of the employees at WAWC are bilingual.
112. WAWC operates three childcare centers. There is a waiting list for childcare. One of the childcare programs is for newborns of teen moms, and another is for toddlers of teen moms.
113. WAWC provides for the presence of a victim advocate within the Santa Cruz County Court building to facilitate immediate assistance in completing legal forms and to explain other court processes. Judges are aware of the advocates’ presence and are able to make immediate referrals.
114. WAWC partners with the Commission for Prevention of Violence Against Women (CPVAW) to address sexual assault issues in the workplace. CPVAW supplies a video, and WAWC sends an advocate to speak and answer questions on the topic.
115. The Executive Director of WAWC holds a commissioner seat on the Domestic Violence Commission and has attended and participated sporadically over the past several years.
Response:
In most cases both the Executive Director
and the Director of Domestic Violence Services attend meetings. If the
Executive Director is unable to attend, the Director of Domestic Violence
Services serves as her proxy.
116. Both WCS-DdM and WAWC have a large number of volunteers. Many volunteers were previously victims of abuse. It is reported that they volunteer to express their belief in, and appreciation for, the support they received.
117. Funding
for WCS-DdM and WAWC comes from federal, state,
county, and city sources. Additional monies are received from foundations,
grants, and private donors. Each source requires tracking, audits, and possible
site visits.
Response:
The center receives funding from multiple sources. Government funds provide a substantial amount of secure funding for the agency. Funding sources have expectations that we meet all their guidelines and that we work in partnership to provide quality support and services to women and children.
118. The
Battered Women’s Task Force (BWTF) has been in existence for over fifteen years
and is located within the Walnut Avenue Women’s Center in the City of
119. The purpose of the BWTF is to provide support to women who have been abused and to facilitate their healing process.
120. BWTF has no consistent funding source.
121. Survivors in support groups at BWTF, surveyed by the Grand Jury, confirm the importance of being able to attend the group sessions.
122. The brochure produced by the BWTF deals thoroughly with the subject of domestic abuse and serves as a resource to participants.
123. The BWTF brochure is only available in English.
124. The director of the BWTF holds an approved commissioner seat on the DVC and has an excellent record of attendance over the past several years.
125. Childcare is provided during all support group sessions at WCS-DdM, WAWC, and BWTF.
126. Survivors,
surveyed by the Grand Jury, express gratitude for the services offered through
WCS-DdM, WAWC, and BWTF.
Response:
We appreciate the feedback and continue to
have confidential ways for women to express their gratitude and concerns. Their
input enables us to provide quality services to the community.
127. Survivors,
surveyed by the Grand Jury, express frustration about negotiating the myriad
number of contacts necessary to secure assistance in rebuilding their lives.
Some of their frustrations related to perceived indifference shown by female
police officers during the initial contact.
Response:
There are many obstacles and challenges that
survivors face which decrease their ability to keep themselves and their
children safe. The
128.
129.
130. All
staff at
131. There
is no domestic violence screening tool as part of the initial application for
services at
132. Clients
receiving services from
133. Customer
service surveys conducted by
134. Parenting
classes are offered throughout the county by
135. Women’s Crisis Support-Defensa de Mujeres is a well established, well organized agency that provides a broad array of domestic violence-related services to the community. The public can readily obtain information about WCS-DdM through their outreach materials.
136. The state-mandated training programs conducted by WCS-DdM for volunteers and potential domestic violence-related employees support employment in the field.
137. Programs conducted by WCS-DdM to train Victim Advocates provide knowledgeable participants in the S.A.R.T. process and ensure an adequate supply of advocates.
138. The emergency shelter and safe houses located within the county serve their intended purpose.
139. Sensitivity to demographics through employment of bilingual personnel, and the availability of agency materials in English and Spanish, demonstrate an inclusive outreach to members of the community seeking domestic violence-related services.
140. Individual and group counseling and support services offered by WCS-DdM, WAWC, and BWTF are well attended and valued by participants.
141. The provision of supervised childcare at service centers promotes attendance at support groups.
142. WAWC is an established, organized agency that has provided services for seventy years. Currently, it serves as a family resource center offering services to children, parents, teens, and victims of domestic violence.
143. Court advocacy provided by WAWC helps to decrease confusion and stress within victims and contributes to time efficiency within the court system.
144. A great deal of time is spent at each organization securing funds, writing grants, tracking expenditures, writing reports, and preparing for audits and site visits. The efforts are duplicated at each entity and for each funding source.
145. The BWTF has a fifteen-year history of providing confidential support in a peer setting that is valued by its participants.
146. With no funding source, BWTF is limited in its production of materials.
147. Survivors are currently dependent on counselors and/or facilitators to express their concerns, frustrations, and needs. Counselors and/or facilitators may or may not be able to advocate for or have access to other appropriate agencies.
148. Representatives of WCS-DdM, WAWC, and BWTF are approved commissioners on the DVC. As providers of direct services to those experiencing domestic violence, their attendance and participation is vital in assisting other DVC commissioners to meet the mandated goals.
149.
150. As
an agency trusted by its clients,
151. Parenting
classes and childcare centers, provided by
152. Offering related services (such as parenting classes) within other established agencies promotes utilization of services, efficient use of space, and is cost-effective by reducing overhead costs.
153. The organizations providing direct services to victims of domestic violence rely on volunteers to assist with accomplishing their goals.
154. WCS-DdM, WAWC, BWTF, and
155. It would serve the community if WCS-DdM, WAWC, BWTF, and Familia Center met several times each year to share program offerings, assess programs, discuss potential collaborations, and determine duplicative efforts and costs.
156. The Grand Jury commends WCS-DdM for their organization, responsiveness, transparency, collaboration with other agencies, and the variety and quality of services offered.
157. The
Grand Jury commends WAWC for the variety of services they provide for children,
teens, families, and victims of domestic violence, especially court advocacy,
and for their collaboration with other agencies.
Response:
This recommendation has been implemented.
The
158. The
duplicated efforts of WCS-DdM and WAWC in grant and
report writing, as well as fundraising, should be assessed. Creative solutions
to reduce time and effort expended by the Executive Directors in these
activities should be sought. (An example of such efforts might be a shared
position for grant writing or fundraising).
Response:
This recommendation has been implemented.
The
The
The
159. The Grand Jury commends BWTF for its long-standing history of volunteerism and its front-line service to survivors.
160. The BWTF should seek small grant funding to provide materials in English and Spanish for participants and for public outreach efforts.
161. Representatives
from WCS-DdM, WAWC, and BWTF, who serve as
commissioners on the Domestic Violence Commission, should attend monthly
meetings regularly, serve as proactive members, and ensure compliance of the
commission with stated bylaws.
Response:
This recommendation has been implemented.
Both the Executive Director and the Director of Domestic Violence Services
attend monthly meetings and retreats of the DVC. The Director of Domestic
Violence Services is the chair of the DVC subcommittee to provide community
education about domestic violence. She also serves on the subcommittee that is
responsible for the annual DVC Report to the Community. She attends monthly planning
meetings and provides statistics for the report.
162. A
system should be developed wherein survivors can express their thoughts and
frustrations at strategic points in time within the healing process. The input
should be collected by group facilitators, forwarded to a representative DVC
commissioner, and discussed at DVC meetings.
Response:
This recommendation has been implemented.
Survivors have a voice at The
As representatives of the DVC, we bring this
information to be discussed at meetings. We agree that it is important to
identify challenges and voids in services so that we can best support our
community to overcome the many roadblocks to women’s healing.
163. The
Grand Jury commends
Response:
Thank you for your commendation. With broad
community support, we plan to continue to carry out our mission and to serve
low-income residents of
164.
Response:
WCS-DdM and WAWC
have provided in-service training to our staff members in the past and we will
invite them to conduct similar trainings in the future. It is always a pleasure
to work with WCS-DdM and WAWC. Presently
165. As
a trusted agency within the community,
Response:
It is because we are the trusted agency that
we proceed cautiously in this area. Over time a woman
will begin to feel that she can trust us enough to risk disclosing her
situation to a staff member. At that time she is informed of her options and we
assist her in her choices. We know that this approach has worked well for us
and our families. It is culturally competent and sensitive and is a best
practice in accordance to the principles of family support.
166. The
Grand Jury commends the many volunteers of
167. The
Grand Jury recommends that WCS-DdM, WAWC, BWTF, and Familia Center meet at least twice each year to share
program information, discuss program utilization, address common concerns,
discuss potential collaboration projects, and assess duplicated efforts and
cost.
Response:
This recommendation has been implemented.
The
WAWC would be interested in meeting
collectively twice a year. We propose that we meet in January and July and will
contact the other agencies to arrange this.
Response:
It would be a pleasure to meet with the
above mentioned agencies and collaborate. We look forward to being contacted by
any of the agencies cited above.
Entity |
Findings |
Recommendations |
Respond Within |
|
Women’s Crisis Support – Defensa de Mujeres |
13, 23, 32-33 |
1, 3, 6-7, 12 |
90 days ( |
|
Walnut Avenue Women’s Center |
21, 23, 32-33, |
2 - 3, 6 - 7, 12 |
90 days ( |
|
Battered Women’s Task Force |
26 - 30, 33 |
4 - 7, 12 |
90 days ( |
|
|
36 - 37, 39 - 40 |
8 - 10, 12 |
90 days ( |
The recently released
Commission for Prevention of Violence Against Women
(CPVAW) twenty-year study of sexual assault in the City of
Three registered nurses, with specific training in sexual
assault forensic evidence collection and certification in pediatrics, share
S.A.N.E. responsibilities within the county. Designated sexual assault
examination rooms are maintained by the S.A.N.E. in the Emergency Departments
of
Evidence is collected only with the consent of the victim, and only if a police report is filed. The law enforcement officer makes the determination if a crime has been committed and may file a report regardless of victim consent. Under these protocols, a victim of sexual assault has the right to refuse the collection of evidence and may do so for a variety of reasons including fear of retaliation from an alleged suspect. A victim also has the right to withhold cooperation in a criminal investigation once evidence has been collected. If a police report is filed and evidence is collected, reports are forwarded to the District Attorney’s Office for evaluation. As a result, certain time and material costs are incurred, regardless of whether the victim recants, is making a false claim, or wishes to proceed. If a police report is not filed, California State Law still requires a mandatory report (Mandatory Report of Injury – Penal Code § 11160).
In contrast to Santa Cruz County protocol, San Francisco
County protocol allows victims of sexual assault to determine if they want
police involvement prior to examination at the hospital, after examination, or
not at all. This allows the control and decision-making to remain with the
victim rather than with an outside agent. If police involvement is not desired,
evidence is collected, the examination is performed, and a report is telephoned
or mailed to the San Francisco Police Department, Domestic Violence Unit in
compliance with California State Law, Mandatory Report of Injury. Mandatory reporting does not generate an
official police report and does not result in police action unless the victim
makes a direct request to a police department. Although mandatory reporting by
a health care worker does not require consent of the victim, it is customary
for the health care worker to inform the victim of mandatory reporting
requirements. Completed mandatory reports are maintained in a confidential file
at the hospital or the police department.
In
In 2004, Victim Advocates
responded to sixty-four S.A.R.T. requests. In 2005, Victim Advocates responded
to sixty-five requests. The monthly average of calls for Victim Advocate
participation is 5.4. Reported sexual assaults for 2004 were ninety-eight; for
2005, ninety. In each of the years 2004 and 2005, the S.A.N.E performed
seventy-eight sexual assault examinations each year (2004 and 2005). Crime
statistics and domestic violence data are posted monthly to the Sheriff’s
Department web site, however, the number and location
of sexual assaults are not specifically identified. The web site includes a
section of frequently asked questions related to sexual assault and domestic
violence. The Santa Cruz County Sheriff’s Office has reviewed and revised
specific documents related to sexual assault. These include:
168. The current process of the S.A.R.T. response is under the auspices of the Santa Cruz County Sheriff’s Office.
169. No
agency in the county tracks data to determine the number of sexual assaults
related to domestic violence.
Response:
Domestic Violence Commission:
The DVC does not have enough information to agree or disagree with
this finding. Tracking such information
is not our mandate. The Domestic Violence Commission has only collected data on
domestic violence. The
Response:
The Santa Cruz Sheriff’s Office does not track sexual assault
statistics which also have a domestic violence component. These types of cases
are estimated to represent a minimal percentage of sexual assault
investigations.
Response: The
The County can neither
agree or disagree with this finding, but is not aware of any agency that
tracks data on the number of sexual assaults related to domestic violence.
170.
Multiple expenses are incurred by the county
when filing a sexual assault police report, regardless of whether the victim
cooperates or recants.
Response:
Deputies complete an initial report and no further action is
taken. Documenting sexual assault is essential to memorialize the incident.
Victims may later request a criminal investigation and suspect(s) may
re-offend. If a victim does not want to provide a statement, the deputy will
obtain information solely from the mandatory reporter.
171.
The S.A.R.T. model utilized in
Response:
The Sheriff’s Office oversees the Sexual Assault Nurse Examiner
Program and the Supervisor of the Sexual Assault Unit is the chair for the
S.A.R.T. meetings. However, the concept of S.A.R.T. is a multi-disciplinary
team approach. Each professional works closely with another to ensure victims
are provided with professional care. Decisions on how a criminal case proceeds
rely on the victim’s wishes.
172.
The sexual assault response model utilized in
Response:
173.
The Sexual Assault Investigations Unit of the
Santa Cruz County Sheriff’s Office works cooperatively with other related
community organizations.
Response:
The Sheriff’s Office website does post annual sexual assault
statistics but does not include a breakdown by city or provide
the number of S.A.N.E. callouts.
174.
In
Response:
The Sheriff’s Office website does post annual sexual assault
statistics but does not include a breakdown by city or provide
the number of S.A.N.E. callouts.
175. The Sheriff’s Office has reviewed and revised documents related to sexual assault in a timely manner.
176. Tracking sexual assault and domestic violence incidents should be an on-going process of the county advisory body, the Domestic Violence Commission.
177. Some expenses incurred by the law enforcement-initiated model could be reduced by adopting a victim-initiated model.
178. The Sheriff’s Office includes other community agencies in its meetings and discussions related to sexual assault.
179. Data that accurately reflects sexual assault by location should be made accessible to the public.
180. The
Santa Cruz County Sheriff’s Office should select a liaison commissioner from
the DVC who would receive and report monthly sexual assault statistics to the
Domestic Violence Commission and attend bi-monthly S.A.R.T. meetings.
Response:
Domestic Violence Commission:
The
DVC cannot implement this recommendation.
The Sheriff’s Office is represented on the Commission by Sheriff Steve
Robbins or his appointee. Additionally,
the DVC has members from among the various hospitals and clinics in the County. We are presently seeking to increase training
among medical personnel regarding identification of domestic violence and
mandated reporting of domestic violence by medical personnel, including SART
nurses. Nevertheless, at this time,
sexual assault among strangers or between persons not in a domestic
relationship is not one of the five county mandated responsibilities of the DVC.
Response:
This recommendation will not be implemented because it is not
warranted or is unreasonable. The purpose of the bi-monthly S.A.R.T. meetings
(Grand Rounds) is to discuss cases in which sexual assault exams have been
conducted. These meetings are attended by law enforcement, advocates,
prosecutors and advocates from various agencies within the county. The cases
discussed, and respecting victim’s confidentiality, only reflect a portion of
sexual assault cases investigated during a two-month period. Only a small
percentage of sexual assault cases, overall, involve domestic violence. In
addition, the Sheriff’s Office does not have the power to elect any
commissioners. The Sheriff and a representative of the
Response: The
At this time, sexual assault is not one of
the five county mandated responsibilities of the DVC. While the information
would undoubtedly be of interest, the County defers to the Sheriff’s Office and
the commission to determine whether this information would be useful enough to
the commission in meeting its responsibilities to be worth the expenditure of
time.
181. The Santa Cruz County Sheriff’s Office should consider a trial program to analyze costs and effectiveness of a victim-driven sexual assault response model.
Response:
This recommendation will not be implemented because it is not
warranted or is unreasonable. The model referenced by
182.
The Santa Cruz County Sheriff’s Office should
include the city locations of sexual assault incidents in the monthly updates
to its web site.
Response:
This recommendation will not be implemented because it is not
warranted or is unreasonable. Annual sexual assault statistics are available to
the public on the Sheriff’s Office website. This statistical information
is believed to be sufficient. Sexual assaults can often involve transitory
elements, involve multiple locations, and/or not have occurred within the year
reported. In addition, the majority of sexual assaults do not involve
strangers.
183.
The Grand Jury commends the Santa Cruz County
Sheriff’s Office for its oversight of the S.A.R.T. program and for its
inclusion in meetings of other appropriate agencies within the county.
Response:
The Sheriff’s Office works closely with other law enforcement
agencies, county agencies and community groups utilizing a multi-disciplinary
team concept to assist victims of sexual assault.
184. The
DVC should collect and analyze monthly sexual assault statistics.
Response:
Domestic Violence Commission:
The
DVC will not be implementing this recommendation. At this time, sexual assault is not one of
the five county mandated responsibilities of the DVC.
Response: The
This recommendation requires additional
analysis. As mentioned above, sexual assault is not one of the five county
mandated responsibilities of the DVC. The County defers to the commission to
evaluate whether it would be assist the commission in meeting its
responsibilities to expand the commission’s activities as recommended.
|
Entity |
Findings |
Recommendations |
Respond
Within |
|
|
2 |
1, 5 |
90 Days ( |
|
|
2, 3, 4, 5, 7 |
1 2, 3, 4 |
60 Days ( |
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Batterers’ Intervention Programs are an important part of a
comprehensive community effort to eliminate domestic violence. Batterers’
programs in
In addition to these five programs, a ten-week program on
anger management is offered at the Rountree Minimum
Security Facility. This program is a peer support group and is not a
state-certified Batterers’ Intervention Program. The
Minimum standards for Batterers’ Intervention Programs were established by California Penal Code § 1203.097(c)(2) that states the court “shall refer persons for diversion only to batterers’ programs that have been approved by the probation department.”[19] State-certified programs are fifty-two weeks in length, have a mandated curriculum, and require attendance tracking. Topics include, but are not limited to: accepting responsibility, emotional abuse, responsible parenting, anger control, conflict resolution, and cycle of violence.
Adults Learning to Take Opportunity
(ALTO), a state-certified program, has been in existence for thirty
years. ALTO means stop in Spanish. ALTO’s stated purpose
is to assist in long-term recovery from behaviors of drug and/or alcohol abuse
and to confront violent behavior. It focuses on education rather than therapy
and introduces batterers to community support groups. ALTO participants explore
their belief systems and decision-making processes as a way of learning to
avoid violent behavior. Services include: adult outpatient mental services,
youth services, and outpatient recovery (mainly from drugs). All participants
in the domestic violence program must accept responsibility for their actions
and sign a contract stating such.
ALTO serves approximately 1,700 people per year. Clients
must be eighteen years or older. The waiting period to enroll in the program is
three to five days. Some participants are referred by a drug court,
ALTO receives funding from the county through the Health Services Agency (HSA), CALWorks, and Proposition 36 monies, as well as from private sources such as the Human Race fundraiser. It also receives funding from private fees charged on a sliding scale. Participants with drunk driving convictions must pay their own fees.
Fenix, Inc. began in the early
1980s and went out of business in 2003. At that time, the
The Fenix domestic violence program costs $1,350 per year, but the fee can be paid in installments. Fenix sends monthly attendance reports to the Probation Department. In addition, batterers make regular court appearances to report on their progress. Fenix tries to work with participants who cannot continue to pay their fees instead of immediately terminating them from the program.
Fenix receives funding from
Men’s Overcoming Abusive Behavior (MOAB), established in
1994, is a men’s peer support group for anger management. The program began
with five volunteer members and has had several name changes in its history.
The program is not certified as a fifty-two week Batterers’ Intervention
Program for men on parole or probation. However,
Pacific Treatment Associates (PTA), a state-certified program, began as a treatment program for sex offenders in 1988. In 1991, the PTA domestic violence intervention program was added. PTA works with perpetrators, and emphasizes preventing re-offense through “learning to understand, predict and control abusive behavior.”[20] Program components include education, individual sessions, and enrollment in a twelve-step program. Participants must stay clean and sober and demonstrate a change in their thinking about domestic violence.
The PTA domestic violence group has five staff members. Most of them have Master’s degrees, and all of them have forty hours of core-basic domestic violence training. In addition, they take sixteen continuing education units per year.[21]
PTA receives referrals from the courts and the Probation Department. Generally, the public is unaware of this agency. It has provided some educational outreach to schools, the CASA organization, and churches to publicize the issues of domestic violence and sexual assault. Few participants are self-referred; most are referred by other agencies.
PTA coordinates with other agencies: Family and Children’s
Services, federal probation, parole, public defenders, the District Attorney’s
Office, and other counties such as
The PTA domestic violence program has served 805 clients since inception and is currently serving forty-two. Approximately twenty percent of its clients have been terminated from the program before completion due to absenteeism, not paying fees, violating probation, or transferring out of county. Attendance for the domestic violence program is set by legislation and is provided to the Probation Department on a monthly basis. If participants have three unexcused absences a year, PTA informs the Probation Department.
PTA is a for-profit organization and does not receive or apply for grants. All funding comes from client fees, and nonpayment is a cause for termination from the program. Domestic violence participants pay $25-35 per week for a two-hour group session.
Because domestic violence and sexual assault may be linked, with both characterized by aggressive behavior, a program for sexual offenders is also offered by PTA.
Simply Your Best (SYB), a state-certified program, is a
private educational service that began in 2001. The program is only for adults
and offers a range of classes such as Domestic Violence Intervention,
Parenting, Anger Management,
SYB is a service-on-demand organization instituting new classes as necessary. SYB’s focus is educational rather than counseling. Assigned homework from facilitators includes reading assignments.
Currently, SYB has fifty-five to sixty clients. More men than women attend the program. There is a separate class for women offenders. The majority of participants is not court ordered. Survivors are notified by mail that their partners are attending the program, and survivors are invited to attend or receive information. However, few survivors attend classes with their partners.
SYB referrals are from County Mental Health, Family and
Children’s Services,
Classes vary in length. Materials and curriculum are predominately in English. The anger management and parenting curriculum are also in Spanish. If demand warranted, SYB would translate materials into Spanish.
Funding is private, and SYB is self-sustaining. SYB programs
are offered on a sliding scale of $20-50. The initial enrollment fee is $50.
Class fees depend on the length of the class. If a client owes a balance of
more than $100, he or she is barred from the next class.
185.
Exact statistics on the numbers of Spanish-speaking
batterers in
186.
According to Batterers’ Intervention Program
administrators, the needs of the gay/lesbian/transgender community are not
being specifically addressed in any of these five programs. A representative
from WCS-DdM reported an increase in the number of
lesbians seeking services for domestic violence.
Response: The Probation Department
DISAGREES.
There are
currently four domestic violence treatment programs: Alto, Fenix,
PTA and Simply Your Best. Simply Your
Best provides for the needs of our gay and lesbian community. The program has staff who
identify themselves as gay and or lesbian, and the course material provided is
specific to these needs.
Response:
Some
participants in ALTO’s program are openly gay, and
counselors address those issues if and when they arise during the course of the
program. However, ALTO does not
“specifically” assess needs of these participants based on their sexual
orientation.
187.
Resources exist for men on probation for domestic
violence, but currently, there is no state-certified program in local detention
facilities.
Response: The
The Santa Cruz County Probation Department
has one program (Alto) which is certified and providing groups in the medium
security jail. That program began in
June of 2006.
Response:
As of F/Y 2006, the Rountree
Facility offers a 52-week accredited domestic violence program for sentenced
inmates.
Response:
At the time of the Jury’s inquiry there were
no scheduled activities in detention facilities. PVPSA was facilitating
meetings at the ROUNDTREE detention facility but meetings had been suspended.
Since the time of the Grand Jury’s inquiry, ALTO has contracted with the
188. Illiteracy is sometimes a problem for participants in Batterers’ Intervention Programs. These programs require written homework assignments. None of the Batterers’ Intervention Programs has tutors or other academic support to help clients with dyslexia or other learning disabilities.
Response: The Probation Department
PARTIALLY AGREES.
Only two of the
four programs require written assignments, and they are flexible with this
request. For example, they will allow for AA/NA meeting attendance instead of
written drug and alcohol assignments.
Response:
Although it is true ALTO does not provide tutors or academic support
for clients, it must be acknowledged that ALTO does not require written
homework as a requisite. Each participant’s ability to interact and benefit
from the program is assessed at intake, i.e. the initial interview. Competency
with academic skills is not necessary for successful completion of the program.
Written or homework assignments are few, and assignments for any participant
with a learning impairment are readily adapted to that person’s specific
abilities.
189.
According to Batterers’ Intervention Program
administrators, alcohol and drug use are major problems related to domestic
violence. Reportedly, eighty percent of men participating in Batterers’
Intervention Programs were abusing substances when the domestic violence
incident happened.
Response: The Santa Cruz County
District Attorney’s Office PARTIALLY AGREES.
Alcohol and drug use is often a major component in domestic violence
cases. The District Attorney's Office, however, does not have any information
to substantiate the specific claims made by the participants of the Batterers'
Intervention Programs.
190.
According to a Batterers’ Intervention Program
administrator, domestic violence intervention programs in the county compete
for the same client population and do not systematically network.
Response:
Providers compete for the same clients,
however there is some systematic networking.
191.
The fifty-two week Batterers’ Intervention Program must
be completed before probation can be terminated. The program is considered a
term of probation.
Response: The
In accordance with 1203.097 of the
Response:
If the inmate is released prior to
completing the 52-week program, the inmate can continue the program out of
custody to complete the probation requirement.
192. ALTO has materials in both Spanish and English.
193. ALTO has approximately twenty-three employees including seven full-time and seven part-time certified drug and alcohol state-licensed staff. These staff members must take forty hours of continuing education units (CEUs) every two years to maintain their licenses. ALTO also uses interns.
194.
ALTO’s success rate is about
fifty percent for domestic violence program graduates. An ALTO administrator
determines the success rate by manually tracking cases through the District
Attorney’s Office and compiling statistics. The District Attorney’s Office does
not provide statistics to ALTO. Determining the success rate of a program is
used to adjust curriculum and teaching methods.
Response: The
The County defers to the District Attorney
to assess the accuracy of this finding.
Response: The Santa Cruz County District Attorney’s Office
PARTIALLY DISAGREES.
The District Attorney's Office cannot verify
ALTO's success rate for domestic violence program
graduates. The District Attorney's Office does not provide statistics to ALTO,
as our criminal case records are not public records. However, accurate information on
195. Fenix has over twenty years of experience in outpatient counseling. The domestic violence group facilitator has over twenty years of experience.
196. The state-certified Fenix domestic violence program serves the Spanish-speaking community. The program is fifty-two weeks in length, and there are consequences for absences and non-payment of fees.
197. The Fenix domestic violence program is self-supporting.
198.
199.
At present,
200.
201. The state-certified PTA domestic violence program has been in existence since 1991. Most of the domestic violence staff have Master’s degrees and appropriate training. PTA is a for-profit organization and does not receive or apply for grants. Its focus is educational. Court-referred participants experience consequences for not following the program guidelines.
202.
Once a client’s probation is completed, PTA does no
formal follow up. There is no established avenue for PTA to receive status
reports from the District Attorney’s Office. PTA informally asks participants
for information on their progress but cannot always verify facts.
Response: The Santa Cruz County
District Attorney’s Office neither AGREES nor DISAGREES.
The District Attorney's Office has no information as to how PTA
conducts their follow up procedures.
There is presently no established avenue for PTA to receive status
reports as the District Attorney's Office investigative records and offenders'
criminal histories are not public records.
In addition, both offenders and victims have certain rights of
privacy. Thus, information from our case
files is not generally available to administrators of programs or any other
member of the public. However,
information about case dispositions and other court actions can be obtained
from the Superior Court. Thus, the same
information that we obtain from the courts is directly accessible to others,
including PTA. The District Attorney's
Office can assist PTA on how to access this information.
Response: The
The County defers to the District Attorney
to assess the accuracy of this finding.
203. SYB staff are trained and certified human development professionals and anger management consultants. Five of the staff have backgrounds in education. Independent contractors have Master’s degrees in education. Three of the facilitators are bilingual. The director’s background is in education and counseling.
204. Court referrals to SYB pay on a sliding scale, and progress reports are sent to the referring agency. Clients may be concurrently attending Alcoholics Anonymous or Narcotics Anonymous and must obtain a signature for attendance. An unexcused absence can be cause for removal from the program. In the fifty-two-week program, participants can have five excused absences and are terminated if a sixth occurs. Clients must pay a class fee for absences. Not completing a homework assignment is considered an absence.
205. SYB is developing a relapse prevention program. A program representative stated that follow-up is important to find out if skills learned by participants are actually being used with positive results.
206. Valuable volunteer and paid staff time is taken up by tracking cases when those statistics could be provided by the District Attorney’s Office. Knowing case dispositions assists state-certified Batterers’ Intervention Programs evaluating and improving the success of their programs.
207.
It is unclear whether every segment of society in
208. Batterers’ Intervention Program staff would benefit from sharing information, experience, and referrals.
209. Batterers’ Intervention Program staff spend a lot of time processing paperwork associated with funding, often undergoing similar audits from different agencies.
210. Domestic violence is an ongoing problem that lasts longer than fifty-two weeks. Outreach and follow-up for graduates of domestic violence intervention programs might help prevent relapses.
211. A participant’s problems with alcohol and substance abuse complicate treatment in a domestic violence intervention program.
212.
ALTO is a long-standing and successful program in
213. Fenix provides a valuable service to the Spanish-speaking community. Fenix participants who do not follow the program guidelines experience consequences that help emphasize batterer accountability.
214.
215. PTA is a well-established program with trained staff. Its curriculum is well designed. Experiencing consequences for not following program guidelines helps to make batterers accountable for their actions.
216. SYB staff is certified and trained to facilitate and lead classes in anger management and domestic violence intervention. They have both academic credentials and experience. SYB holds its participants accountable for attendance, homework, and fees.
217.
To enable evaluation of the success of Batterers’
Intervention Programs, the District Attorney’s Office and local law enforcement
should provide these state-certified programs with case dispositions and
progress reports on their participants.
Response: The
The County defers to the District Attorney
to assess the accuracy of this finding.
Response: The Santa Cruz County District Attorney’s Office
PARTIALLY DISAGREES.
This recommendation will not be
implemented. While we agree that the
success of Batterers' Intervention Programs should be evaluated, legal and
practical constraints prevent us from providing all of these programs with case
dispositions and progress reports on their participants. The District Attorney's Office investigative
records are not public records. In
addition, both offenders and victims have certain rights of privacy. Thus, information from our case files is not
generally available to staff of programs or any other member of the
public. However, information about case
dispositions and other court actions can be obtained from the Superior
Court. Thus, the same information that
we obtain from the courts is directly accessible to others, including program administrators. Moreover, our files would not include
offenses committed in other counties or cases never referred to our office for
prosecution. By law, an individual's
state criminal history information must remain confidential. Thus, aside from the information already
available through the Court for offenses committed in this County, we do not
have the legal ability or the information necessary to provide "progress
reports" on specific individuals.
In addition, given our current budget and staffing levels, we do not
have the ability to research local court records for all of the information
that the numerous programs in the County may wish to have. The District Attorney's Office will assist
any program on how to access this information from the Superior Court in
support of their effort to help them evaluate the success of their programs.
218.
The domestic violence intervention community should
coordinate efforts to ensure that all segments of society are served and that
services are not duplicated.
Response: The Probation Department:
This recommendation will be implemented for
those portions of the domestic violence community under the jurisdiction of the
County.
Response:
To support this recommendation, ALTO will continue to participate in
all provider meetings coordinated by Probation. We also will continue to submit
monthly statistics to the
219.
The
Response: The Probation Department:
This
recommendation will be implemented. Two of the four existing programs currently
provide services to Spanish speaking clients, and a third program is in the
process of beginning groups in Spanish. The Probation Department will monitor
and encourage adequate services to Spanish speaking clients.
Response:
We support the recommendation that providers must continue efforts to
ensure this population is served. It appears that current services to
Spanish-speaking batterers seem to be adequate in male populations, at least in
the
220.
The Santa Cruz County Sheriff’s Office and Batterers’
Intervention Programs should work to ensure improved services for incarcerated
batterers.
Response:
This recommendation has been implemented.
Response:
At this time ALTO has contracted with the
221.
Batterers’ Intervention Programs should consider
providing academic support for participants with learning disabilities.
Response: The
Batterer’s Intervention Programs are not
under the County’s jurisdiction. However, the Probation Department will convey
this need/concern to the four certified treatment programs.
Response:
It is agreed that academic support for participants with learning
disabilities would be beneficial. However, our experience has shown that there
have been very few participants if any in our program whose academic abilities
impaired them from benefiting as fully as other participants. This is due in
part because the program curriculum is designed to not have academic demands.
ALTO has a comprehensive program curriculum that meets State and Probation
requirements and that does not place academic stress on any participant. In
support of this recommendation, ALTO will continue to tailor its program content
and process to meet all participants’ academic levels.
It needs to be noted there are no funding resources available such
services. Domestic Violence programs are client-fee driven only: i.e. funds to
provide service come only from client fees. It is extremely difficult to manage
program revenues in the face of dropout levels and small program populations.
Enrollments are already so low that it is difficult to meet budget
expectations. This is due partly to
222.
Batterers’ Intervention Programs should explore the
need for programs for gay, transgender, or lesbian batterers.
Response: The Probation Department:
Batterer’s Intervention Programs are not
under the County’s jurisdiction. However, it is noted that Simply Your Best
currently provides for this need. The County will convey this need/concern to
the three other batterers’ programs.
Response:
ALTO continues to ensure program content and process is sensitive to
special needs groups, and we are open to providing specific focused groups as
client economy of scale may allow. As noted in Recommendation 2 ALTO is
reviewing its intake documentation to better identify needs and resources for
LGBT individuals. ALTO staff also completes 7 hours of Cultural Competency
training annually including LGBT issues and needs.
223.
Advisory bodies and domestic violence providers should
put continuing emphasis on drug and alcohol issues.
Response:
ALTO has over 28 years of experience providing drug and alcohol
treatment in
224.
Advisory bodies and domestic violence intervention
providers should share program information, experience, and referrals in a
systematic manner.
Response:
ALTO participates in all provider meetings coordinated by
Probation. We also continue to submit
monthly statistics to the
225. ALTO is to be commended for its work in assisting participants through their recovery from drugs, alcohol, and violent behavior.
226. Fenix is to be commended for its dedication and service to the Spanish-speaking community.
227.
228.
229. PTA should be commended for hiring qualified and credentialed staff.
230. PTA should be commended for providing a valuable resource to assist the community in ending domestic violence.
231. SYB should be commended for hiring qualified and credentialed staff.
232. SYB should be commended for its continuing dedication to improving its curriculum to try to address all components that lead to domestic violence and for providing a valuable resource to the community.
Entities |
Findings |
Recommendations |
Respond Within |
|
|
3, 7, 10, 18 |
1 |
60 Days |
|
Santa Cruz County Probation Department |
2, 3, 4, 7 |
2, 3, 5, 6 |
90 Days |
|
|
3, 7 |
4 |
60 Days |
|
Santa Cruz County District Attorney |
5, 10, 18 |
1 |
60 Days |
|
|
|
|
|
Entities |
Findings |
Recommendations |
Respond Within |
|
ALTO |
2 - 4, 6 |
2 - 8 |
90 Days |
|
Fenix |
2 - 4, 6 |
2 - 8 |
90 Days |
|
|
2 - 4, 6 |
2 - 8 |
90 Days |
|
Pacific Treatment Associates |
2 - 4, 6 |
2 - 8 |
90 Days |
|
Simply Your Best |
2 - 4, 6 |
2 - 8 |
90 Days |
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California Penal Code[22] defines a domestic violence offender as follows:
Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.
Interviews were conducted with five local law enforcement agencies regarding their protocol in responding to domestic violence calls. The five agencies interviewed were the City of Santa Cruz Police Department, the Santa Cruz County Sheriff’s Office, Scotts Valley Police Department, Capitola Police Department, and the Watsonville Police Department. Additionally, interviews were conducted with representatives from the Santa Cruz County District Attorney’s Office, the Family Law Facilitator, and the Santa Cruz County Probation Department.
Law enforcement agency representatives stated that they follow the countywide Domestic Violence Protocol for Law Enforcement, Santa Cruz Law Enforcement Chief’s Association, last updated in May 2002. Listed below are procedures that all interviewed law enforcement agencies are to follow when responding to a domestic violence call.
When responding to a domestic violence call, the dispatcher verifies whether a restraining order has been issued by contacting the California Law Enforcement Telecommunication System (CLETS). All restraining orders issued are entered into CLETS.
Prior to arriving at the scene of a domestic violence call, the responding officer receives all pertinent information about the reported incident from the dispatcher. The dispatcher is responsible for obtaining as much information from the caller as possible to assist the officer. The officer is fully informed about: the address of the incident; the reporting party; summary of the event; the need for an ambulance; presence of a suspect; if weapons are involved or present in the home; if there is a suspicion of drugs or alcohol; the presence of children at the scene; if a restraining order is on file; and the criminal status of the suspect. Jurisdiction is determined by location of incident.
Once an officer has arrived at the scene, he or she determines: the location of the victim, suspect, and any witnesses; if weapons are in the home or involved in the incident; if there are any injuries so aid may be provided; and the need to separate victim, witnesses, and suspect. An audio tape recording is used to memorialize the interviews.
When conducting interviews with the victim and perpetrator, officers observe the following: victim’s and suspect’s conditions and demeanors, including victim’s emotional state, torn clothing, condition of make-up, and any injuries.
If it is difficult for the officer to determine which party is the victim, the officer must establish:
which party is in actual fear of the other; whether one party escalated the level of violence, i.e., did one party retaliate to a provocation;
who made the 911 call;
a comparison of victim’s and perpetrator’s physical appearances;
any history of violence by one of the parties against the other, if one party is usually the aggressor; and,
if there are injuries, do they appear to be defense wounds.
The officer should obtain a photograph of the suspected perpetrator and have the victim identify that person as being the person who committed the acts described. By having the victim positively identify the person, the case can proceed without the victim if that becomes necessary.
The officer obtains a copy of the restraining order, if any, and verifies proof of service. If there is no restraining order on file, the victim is advised how to obtain one. The officer also has the authority to issue an Emergency Protective Order (EPO) for the victim if requested. The EPO will provide the victim protection for five days, sufficient time to obtain a Temporary Restraining Order (TRO).
If there is a restraining order on file that has not been served, the officer informs the restrained person of the order and its terms. There are two avenues to verify the existence of the order; the protected person produces a copy of the order, or the officer verifies the existence of the order by contacting the dispatcher. The restrained person can be served with the restraining order by the investigating officer. In that case, the officer completes a proof of service and files it with the Superior Court.
The victim is advised of the following:
he or she has a right to request confidentiality pursuant to Penal Code § 293 and Government Code § 6524(f); and
prosecution of the suspect is the decision of the District Attorney’s Office. The victim should never be asked if he or she wishes to “press” or “drop” charges or if he or she will cooperate in the prosecution of the offender.
The officers supply victims with an Emergency Resource Card. The Emergency Resource Card is in both English and Spanish and lists contact information for:
all advocacy groups;
Victim Witness Assistance;
health care providers;
Child Protective Services;
Adult Protective Services;
definitions of sexual assault and domestic violence.
Additionally, victims of domestic violence can contact Victim Information and Notification Everyday (VINE) to obtain offender information. This service is a free, twenty-four telephone service that allows the victim to check on the custody status of an offender in the Santa Cruz County Jail. The victim can register for automatic notification when an inmate is released, transferred, or escapes. This service is provided through the Santa Cruz County Sheriff’s Office.
The officer shall follow his or her department’s procedure for notifying an advocacy agency to provide telephone, or in-person, crisis support for the victim. Most law enforcement agencies have a memorandum of understanding with an advocacy agency to provide twenty-four hour crisis support.
Once the above procedures have been followed with the victim, the suspect is taken into custody. The suspect is read his or her Miranda rights, and evidence is collected. The officer prepares a crime report, which includes the Domestic Violence Incident Report form. The officer, in preparing the report, must maintain objectivity in reporting and avoid personal opinions regarding comments from victim or suspect. The Domestic Violence Incident Report form is used by all local law enforcement agencies.
The Domestic Violence Protocol for Law Enforcement also includes:
a policy statement
definitions
mandatory reporting of domestic violence by health care providers
911 operator/dispatcher response
procedure for follow-up investigation
enforcement of restraining orders
victim assistance
training
“officer involved” cases (a domestic violence allegation involving a peace officer)
Additionally, the protocol directs each agency to develop a policy of report writing to classify whether the situation is a crime, an incident, or for information only. Reports are forwarded to the District Attorney’s Office.
All agencies interviewed indicate that a “pro arrest policy”
exists within the county. A “pro arrest policy” refers to a philosophical
position in which physical arrest is encouraged in every situation where an
arrest is legally permissible.
Four out of the five law enforcement agencies contact an advocate from the Women’s Crisis Support-Defensa de Mujeres (WCS-DdM) to assist victims. The City of Santa Cruz Police Department is the only agency with an in-house advocate who is a full-time employee, on-call twenty-four hours a day, seven days a week and who regularly attends Domestic Violence Commission meetings.
Santa Cruz County Sheriff’s Office has created a protocol specifically for sexual assaults. This department gives training to WCS-DdM; it is a two-hour training that is conducted twice a year. Sergeants receive training updates through the District Attorney’s Office and also attend seminars and conferences with the encouragement of the department. The Sheriff’s Office receives approximately 357 domestic violence calls a year.
Santa Cruz County Sheriff’s Office uses the “Tiburon”
interagency communication system to obtain information on suspects. All other
county law enforcement agencies use the “
All other law enforcement agencies interviewed receive training from WCS-DdM, attend seminars and conferences specific to domestic violence, and meet with advocates from WCS-DdM.
Once an individual has been arrested, the arresting agency
prepares a report and forwards it to the District Attorney’s Office for review
and filing. The District Attorney has forty-eight hours to file charges against
the alleged perpetrator. The decision to file a case is determined by the
supervising Assistant District Attorney or the District Attorney based on a
preponderance of evidence. Filed case statistics, as well as “no file” cases,
are entered into a database system known as the “Damien” system. These
statistics are provided to the Domestic Violence Commission for its annual
report. Additionally, a Victim Witness Assistance representative receives a
copy of the police report and contacts the victim to assess needs. The victim
is eligible to receive relocation money and counseling. Victim Witness Assistance
has two counselors in
Domestic violence cases are handled by the “Family Protection Unit” within the District Attorney’s Office. Currently, there are three Assistant District Attorneys in this unit with one supervisor. Of the three, one bilingual Assistant District Attorney splits time between the Santa Cruz County Courthouse and the Watsonville Courthouse. Training is provided through the California District Attorney’s Association and is offered twice a year. However, an Assistant District Attorney initially assigned to the Family Protection Unit is not required to have a background in prosecuting domestic violence cases. Training occurs during that Assistant District Attorney’s assignment, and on-the-job training is considered invaluable. Domestic violence cases are described as being the most difficult to prosecute. Currently, there are twenty-five to thirty cases for each of three Assistant District Attorneys. Most cases do not reach the trial stage. A plea bargain is common. Probation is used more often in sentencing than incarceration.
The Family Protection Unit of the District Attorney’s Office relies on the arresting agency to follow protocol in writing reports and collecting evidence. As much evidence as possible must be collected. Tape recording, as well as taking photographs, is essential in prosecuting these cases successfully.
Grant monies are sought by and awarded to the District
Attorney’s Office. Common funding sources are: Violence Against
Women (VAWA); California Spousal Abuser Prosecution Program (SAPP), established
by California Penal Code § 273.8 and the 1994 Battered Women’s Protection Act;
and the Office of Emergency Services. Assistant District Attorneys in the
Family Protection Unit do not participate in the grant-writing process and do
not receive progress reports subsequent to grant implementation. It was
announced at the January 2006 DVC meeting that the District Attorney’s Office
had been awarded a three-year $300,000 grant. The grant was to provide funding
for the South County District Attorney’s Office to employ a Spanish-speaking
Assistant District Attorney, Investigation Inspector, and support staff to help
Latino victims of domestic violence. The positions have yet to be filled. In
addition, the District Attorney’s Office has received grant monies ($70,000)
from the Violence Against Women Vertical Prosecution
Program. The grant is called “No Mas” and is also
proposed to partially fund a prosecutor, investigator, and advocate, all of
whom would be Spanish speaking, for the
Since November 2005, approximately three hundred domestic violence related cases have been heard by the courts. The Family Protection Unit has the highest caseload of any felony or misdemeanor unit in the District Attorney’s Office. Domestic violence cases are difficult and time intensive for the District Attorney’s Office to prosecute partly because there are no mandatory sentencing requirements. While a sexual assault case may have strict sentencing mandates, the charge in domestic violence cases could be reduced from a felony to a misdemeanor by the presiding judge.
According to a District Attorney’s Office representative,
sexual assault in domestic violence cases is rarely reported. If a victim were
to report sexual assault rather than a slap or push, the prosecution of the
domestic violence charge could carry a more severe sentence. Domestic violence
cases are also difficult because of the emotional issues present.
Approximately, eighty percent (80%) of domestic violence victims recant or are
uncooperative in the prosecution process. Nevertheless, even if a victim
recants, the case can go forward without his or her cooperation.
Although a batterer is rarely female, there are currently three cases pending in which a female perpetrator is being charged with domestic violence. Gay/lesbian/transgender cases are rare.
The victim commonly chooses an advocate from WCS-DdM or WAWC to assist her through the court process. That
advocate attends all court proceedings to support the victim. Additionally, the
advocate communicates with the prosecuting Assistant District Attorney to keep
the victim informed as to the case status.
A victim can obtain a temporary or permanent restraining order by contacting the WCS-DdM, the Family Law Facilitator, WAWC, or by retaining an attorney. Additionally, WCS-DdM and WAWC provide assistance by guiding victims of domestic violence through the paperwork and court process. Once a restraining order is issued, the court clerk is responsible for entering it into CLETS. An advocate will assist the victim in obtaining and serving a temporary restraining order and will attend all court hearings to make sure the final orders are processed and served on the perpetrator.
The Family Law Facilitator has been in existence since 1977.
This free service assists people attempting to obtain court orders for divorce,
domestic violence concerns, and child support matters. The two facilitators,
who are attorneys, do not represent these individuals in court. The
facilitator’s office is located in the county building, and individuals are
seen on a first-come, first-served basis. The facilitator sees individuals at
the
When a victim has requested a temporary restraining order and the perpetrator has been served, the victim must then go to court to obtain the restraining order. Typically, the final restraining order is valid for three years from the date it is issued and can be renewed by making an application to the court.
A temporary restraining order protects the individual for approximately twenty days. The term of this temporary order can be extended by a judge if the protected person cannot locate and serve the perpetrator. Once the perpetrator has been served, the victim, or his or her legal representative, and the perpetrator must appear before a judge of the Superior Court. The perpetrator has a right to respond to the allegations in the victim’s temporary orders, and it is up to the judge to review and process both the allegations and responses. A judge reads both declarations prior to the court hearing and attempts to determine exactly what occurred. If, at the end of the hearing, the judge concludes that a CLETS Order After Hearing (DV-130) should be issued, one is prepared and then must be served on the perpetrator. If the perpetrator is present in court at the time of the issuance of the restraining order, service is effective immediately. If the perpetrator is not present in court, service of the restraining order on the perpetrator is required. A peace officer, or any person not a party to the action, can serve the perpetrator with the order and file the proof of service with the Superior Court Clerk’s Office. The clerk then enters that information into the CLETS database. Violation of the restraining order is a crime.
The Santa Cruz County Probation Department provides information and recommendations for sentencing purposes. Approximately 5,000 adult cases are currently divided among 100 to 120 staff. In the beginning of 2006, 122 of those cases were domestic violence cases.
When a person has been convicted of a domestic violence crime, that individual must enroll in and complete a fifty-two week Batterers’ Intervention Program as a term of his or her probation. The batterer’s attendance and participation is monitored by court review and agency calls. Additionally, the Probation Department certifies programs for batterers and makes referrals for batterers and their victims. The Probation Department reviews the curriculum of the program to ensure that it conforms to state mandates. When a probationer is first enrolled in the program, that individual meets weekly with an assigned officer, then monthly, and finally, every three months.
Representatives from all interviewed law enforcement agencies state that their agencies follow the countywide Domestic Violence Protocol for Law Enforcement - Santa Cruz County Law Enforcement Chief’s Association.
Victims are given an Emergency Resource Card that includes a referral to advocacy agencies.
An officer responding to a domestic violence call can provide the victim with an Emergency Protective Order that allows the victim sufficient time to obtain a temporary restraining order.
Once a restraining order has been issued, the Court Clerk’s Office is responsible for entering all restraining orders in CLETS. Law enforcement agencies can then access this system when responding to a domestic violence scene.
Each agency incorporates the Domestic Violence Incident Report form in its crime report.
All law enforcement agencies indicated that they have a “pro arrest” policy.
Representatives from
all interviewed law enforcement agencies state that their agencies stay current
on changes in the community by meeting with local advocacy groups.
Response: The Capitola Police
Department AGREES.
The various
domestic violence advocacy groups routinely travel to the different law
enforcement agencies to provide in-service training. At these meetings,
normally conducted during patrol briefings, matters of importance such as
domestic violence law, policy and procedure, the dynamics of domestic violence,
investigative techniques, and training updates are discussed. Input is always
exchanged and the advocacy group spokesperson leaves no question unanswered.
Business cards and personal contact information is exchanged and law
enforcement is told to call any time there is an unresolved issue. The
advocates are well versed in their area of expertise and provide a vital
communication pathway for all agencies involved in the mitigation, prevention,
response, and prosecution of domestic violence.
Response: The City of Santa Cruz Police Department AGREES.
The City of
Response:
The Scotts Valley Police Department AGREES.
Response:
Watsonville Police Department AGREES.
Response:
The
Sheriff Steve
Robbins is a commissioner on the
The Santa Cruz County
Sheriff’s Office meets with WCS-DdM and WAWC for
training purposes. Sergeants also receive training updates through the District
Attorney’s Office.
Response: The
The Sheriff’s
sergeant that supervises the Domestic Violence Unit (DVU) has, in conjunction
with the District Attorney’s Office (DAO) Family Protection Unit (FPT)
supervisor, provided training to advocacy groups upon request. The DVU sergeant
also coordinates with the DAO to provide update training to Sheriff’s Office
staff. This response pertains only to the DVU. The Sheriff’s Sex Crimes Unit
has such components in their protocols dealing with sexual assault cases.
The City of Santa Cruz
Police Department has an in-house advocate who is on-call twenty-four hours a
day, seven days a week. All other agencies contact local advocacy groups for
victim assistance/support.
Response: The Capitola Police
Department AGREES.
The Capitola Police Department participates in a team approach, which
affords women victims of domestic violence direct access to support advocacy.
The domestic violence Crisis Response Team (CRT) Advocate is activated when a
crime occurs between two individuals who are involved in a current or past
intimate relationship. A Women’s Crisis Support (WCS) advocate is always
available.
Response: The City of Santa Cruz Police Department AGREES.
The City of
Response:
The Scotts Valley Police Department AGREES.
Response:
Watsonville Police Department AGREES.
Response:
The
All deputies are
trained to make an advocate available to all domestic violence victims at the
time of the initial investigation of a domestic violence incident.
A VINE information
card, prepared by the Santa Cruz County Sheriff’s Office, is not being
distributed to victims by any of the law enforcement agencies.
Response: The
Capitola Police Department PARTIALLY DISAGREES.
Speaking solely
for the Capitola Police Department, the VINE information card has been given to
the victims of domestic violence when supplies were available. However, more
VINE information cards have been produced for distribution along with a
domestic violence information triptych. Also, a link to VINE information,
provided by the Santa Cruz County Sheriffs Department Detention Bureau, has
been placed on the City of
Response: The City of Santa Cruz Police Department DISAGREES.
The City of
Response:
The Scotts Valley Police Department AGREES.
The Scotts Valley
Police Department disperses a
Response:
Watsonville Police Department PARTIALLY AGREES.
The Watsonville
Police Department has requested the cards from the
Response:
The
The DVU sergeant,
who reviews all domestic violence reports generated by Sheriff’s personnel, has
recently noted that VINE information cards are not distributed on a routine
basis. The Sheriff’s Office has VINE information cards readily available for
distribution to victims. The DVU sergeant will provide additional training to
staff regarding the VINE system and its availability to domestic violence
victims.
According to a
representative from the District Attorney’s Office, the Family Protection Unit
relies on the arresting agency to follow protocol in collecting evidence. Tape
recording, as well as taking photographs, is essential in prosecuting domestic
violence cases successfully. The domestic violence protocol states that an
audio tape recording is to be used to memorialize interviews.
Response: The Capitola Police
Department AGREES.
During the
first of the year 2006, The Capitola Police Department conducted an internal
quality control audit of all domestic violence related arrests and incidents.
The audit revealed a number of officers were not recording on-scene domestic
violence calls. It was determined the primary causes for this failure was the
officers either did not have working recorders or were not assigned one because
of budget constraints. These issues are being resolved by reviewing policy and
procedures during patrol briefings and with the coming of fiscal year 2007 new
recorders are being purchased and issued to patrol officers.
Response: The City of Santa Cruz Police Department AGREES.
The City of
Response:
The Scotts Valley Police Department AGREES.
Response:
Watsonville Police Department AGREES.
Response:
The
This year the
Response: The Santa Cruz County District Attorney’s Office
AGREES.
Domestic violence cases can be very difficult to successfully
prosecute. In many instances, there are
no independent witnesses, the victim often recants, and sometimes there are
initial delays in reporting the crime. Collecting evidence, including the use
of photography when appropriate, and memorializing victim and witness
interviews by actual tape recordings and videotapes is critical for a
successful prosecution. The District Attorney's Office continues to train law
enforcement on how to properly investigate domestic violence cases. Moreover,
the District Attorney's Office believes that the county and city governments
should provide additional funding so that law enforcement has additional
detectives to provide a countywide team exclusively to investigate domestic
violence cases. This team would be comprised of victim advocates and
specialized interviewers trained in the domestic violence protocol. This team
would also conduct all interviews by the use of videotape equipment to
memorialize the witness statements.
According to a
representative from the District Attorney’s Office, Santa Cruz County Sheriff
deputies do not always record interviews when responding to a domestic violence
call.
Response: The
The Sheriff’s
Office addressed this by providing staff with more reliable digital recording
equipment but there are instances where recording equipment malfunctions on
occasion.
Victims who recant do
not stop or prevent the prosecution of the batterer.
Response: The Santa Cruz County
District Attorney’s Office PARTIALLY DISAGREES.
In some circumstances a recanting victim can seriously hinder or
possibly prevent the prosecution of a domestic violence case. Some victims do
not show up for trial or refuse to testify at the time of trial. Because of a
recent Supreme Court case, Crawford v. Washington, victimless
prosecution has been dealt a severe blow. If the victim does not testify, the
prosecution may be forced to dismiss the case due to the lack of admissible
evidence. However, the District Attorney's Office continues to emphasize
investigation and prosecution techniques that serve to corroborate the events
regardless of whether the victim may later recant their original report to law
enforcement.
WCS-DdM, the Family Law Facilitator, and WAWC assist individuals seeking protection through the court process.
According to a
representative from the District Attorney’s Office, that office has no set
procedure for communicating with local advocacy groups. The District Attorney’s
Office is aware of these services and appreciates an advocacy presence in the
courtroom on behalf of the victims. The majority of their contact with these
agencies is to supply copies of restraining orders and updates of the
batterer’s case. Case information is public record.
Response: The Santa Cruz County
District Attorney’s Office DISAGREES.
The District Attorney's Office strongly believes that victim advocacy
is an integral part of the criminal justice system and the prosecution of
domestic violence. The rights of victims are so important that the District
Attorney's Office houses three full-time advocates and three full-time victim
claim representatives, including several volunteers. Local advocacy groups are
in constant contact with the District Attorney's Office on a day-to-day and
case-by-case basis. The Assistant District Attorneys are trained by both local
advocacy groups and by our own victim witness program. Furthermore, the
District Attorney's Office participates in training the advocates of each local
advocacy group twice a year.
Within the District
Attorney’s Office, the Family Protection Unit, consisting of three attorneys
and one supervisor, has the highest caseload in the District Attorney’s Office.
Response: The Santa Cruz County
District Attorney’s Office DISAGREES.
The Family Protection Unit is a highly specialized unit of Assistant
District Attorneys who have had intensive training on how to prosecute domestic
violence cases. Although the District Attorney's Office is always asking for
additional resources from the County to hire more attorneys, there are five
Assistant District Attorneys, i.e., almost 15% of the attorneys in the office,
who presently handle domestic violence cases. The District Attorney's Office
gives priority to the prosecution of domestic violence and has always assigned
enough personnel to keep the attorneys' caseloads manageable. Because of the
number of Assistant District Attorneys assigned to domestic violence cases,
their actual caseload is significantly lower than the caseloads of Assistant
District Attorneys who handle general felonies, drug cases, and misdemeanors.
The Grand Jury has
been informed that a need exists for Spanish speaking Assistant District
Attorneys, investigators, and advocates.
Response: The Santa Cruz County
District Attorney’s Office AGREES.
The District Attorney agrees that all law enforcement agencies need
Spanish speaking professionals to deal with our increasingly diverse
population. Although the District Attorney's Office already has some Spanish
speaking attorneys, investigators, and advocates, we are aggressively
recruiting more. The District Attorney's Office is also hosting our first
diversity recruitment fair in October 2006 to seek out Spanish speakers who
wish to become Assistant District Attorneys.
The “No Mas” grant is intended to pay for a Spanish-speaking
Assistant District Attorney, investigator, and victim advocate. Sixty percent
of the cases filed are from the Latino community in the City of
Response: The Santa Cruz County
District Attorney’s Office PARTIALLY AGREES.
The No Mas grant is intended to partially pay
for a Spanish speaking Assistant District Attorney, investigator, and victim
advocate. One hundred percent of the cases filed under the No Mas grant are from the Latino community in the City of
According to the “No Mas” grant application, key factors that contribute to
domestic violence include: high unemployment (sixteen percent), a large
population of young people, low educational attainment, substance abuse, and
poverty.
Response: The Santa Cruz County
District Attorney’s Office AGREES.
Victim Witness Assistance, located in the District Attorney’s Office, reviews police reports and contacts victims to provide financial assistance and counseling.
Superior Court Judges issue temporary restraining orders, as well as process a case to its completion. Judges hearing criminal cases will review a family court file if children are involved.
When interviewing law
enforcement agencies, a concern was raised as to differences in restraining
orders issued on the same case in both criminal court and family court. The
protected person may have exceptions contained in a family law-issued
restraining order that would not be reflected in the criminal restraining order
due to child visitation outlines. When children are involved, the CLETS Order After Hearing (Form DV-130) has a provision that alerts the
responding officer that there is a child visitation agreement out of family
court.
Response: The Capitola Police
Department PARTIALLY AGREES.
Even though
CLETS does alert officers to visitation agreements, once on-scene of a domestic
violence call, and at the request of the defendant and/
or plaintiff, the officer is often faced with having to wade through recent and
past judicial orders, mediation agreements, custody orders and the like to
ensure they are taking correct action. The Capitola Police Department strongly
urges all Judicial Officers make every effort to use unambiguous and
unequivocal wording in all judicial decrees and coordinate orders thus
minimizing confusion for the patrol officer.
Response: The City of Santa Cruz Police Department AGREES.
Better synchronization needs to occur between family court and criminal
court orders and CLETS entries.
Response:
The Scotts Valley Police Department AGREES.
The DV-130 form
alerts officers under section nine (9) “Child Custody and Visitation” with a
reference to Form DV-140. The DV-130 form outlines under section twenty-six
(26) “Conflicting Orders” with information on which court orders take
precedence over others.
Response:
Watsonville Police Department AGREES.
Response:
The
Although it is
possible to have different or conflicting terms in protective orders issued to
the same parties in a criminal case and out of a family law court, the law is
clear. PC 136.2(e)(2) dictates that a protective order
issued in a criminal case takes precedence in enforcement over any conflicting
civil court order. Further, PC 136.2 dictates that an Emergency Protective
Order (EPO) that is in effect between the same parties takes precedence over
all other restraining orders.
Representatives from
the District Attorney’s Office and the Probation Department state that these
offices have excellent communication and are working closely to ensure that
batterers complete the requirements of Batterers’ Intervention Programs.
Response: The Probation
Department AGREES.
Response: The Santa Cruz County District Attorney’s Office
AGREES.
According to the
Probation Department, lack of resources to help domestic violence offenders
make improvements in their lives is a continuing concern. Children who have
witnessed violence in the home can become victims or violent themselves.
Response: The Probation
Department AGREES.
The State Attorney
General’s Task Force Report on Domestic Violence (2005) emphasizes the
importance of holding batterers accountable.
Response: The Probation
Department AGREES.
Although all local law enforcement agencies state that they follow the Domestic Violence Protocol for Law Enforcement as well as their own department’s protocols, some exceptions have been reported.
The VINE card is a valuable resource that gives victims information that can help ensure their safety.
Not tape recording an interview during a domestic violence call is contrary to the protocol. Gathering as much evidence as possible, including tape recording, is necessary to successfully prosecute cases. If a victim recants, the tape recording is invaluable.
The use of an in-house advocate by the City of Santa Cruz Police Department has provided valuable assistance in handling domestic violence cases from the time of arrest and in the report writing process.
The confusion in the aftermath of a domestic violence incident will be lessened if a victim has current copies of all restraining orders easily accessible.
Law enforcement agencies would benefit from a training session on the various Domestic Violence Forms.
Domestic violence advisory bodies would benefit from knowing more about the “No Mas” grant and any other domestic violence-related funding in the county and how it is being used.
Due to the high volume of cases handled by the Family Protection Unit, adequate staffing is essential.
The constant presence of an advocate in domestic violence court proceedings as a support for the victim is critical.
The Family Law Facilitator has proven to be a valuable resource for people who cannot afford the services of a private attorney and are seeking assistance in obtaining a divorce, domestic violence orders, and child support orders.
Holding batterers accountable for their actions contributes to victim safety.
All local law
enforcement agencies should be commended for promoting awareness of the
following: the countywide domestic violence protocol, the creation of
additional agency policies, the collection of evidence, and report preparation.
Response: The
The County
appreciates the Grand Jury’s comments.
Response:
The Capitola Police Department AGREES.
The recommendation
has been implemented.
Response: The City of Santa Cruz Police Department:
The recommendation
has been implemented. All
Response:
The Scotts Valley Police Department AGREES.
Response:
Watsonville Police Department AGREES.
Response:
The
The City of Santa Cruz
Police Department’s in-house advocate should be commended for assisting the
department and victims in these emotionally charged cases.
Response: The
The County does
not have jurisdiction of the Santa Cruz Police Department, but agrees with the
recommendation.
Response: The City of Santa Cruz Police Department:
The
recommendation has been implemented. The
City of
Law enforcement
agencies should add the VINE information card to their victim information
procedure.
Response: The
The County defers to the law enforcement agencies to
determine whether this recommendation is to be implemented.
Response:
The Capitola Police Department AGREES.
The recommendation
is being implemented at this time.
Response: The City of Santa Cruz Police Department:
The recommendation
has been implemented. The City of
Response:
The Scotts Valley Police Department PARTIALLY AGREES.
The Scotts Valley
Police Department will not implement this recommendation due to the fact that
the VINE phone number is included in our comprehensive Community Resource Card.
Response:
Watsonville Police Department AGREES.
Response:
The
This recommendation has been implemented.
Deputies do not, on every occasion, provide DV victims with a VINE information
sheet. In many cases, it is unreasonable because the victim does not want the
offender arrested and assists in his/her release. However, the Sheriff’s DVU
sergeant will provide further training, via roll call presentations and office
memorandums, to staff regarding the VINE Program and its application to DV
victims. This training will occur prior to the end of calendar year 2006.
Law enforcement
agencies should continue to ensure comprehensive evidence collection.
Response: The
The County
supports this recommendation and defers to the law enforcement agencies to
implement it within their departments.
Response:
The Capitola Police Department AGREES.
The recommendation
is being implemented (acquiring new tape recorders) and should be completed in
the next 30 to 60 days.
Response: The City of Santa Cruz Police Department:
The recommendation
has been implemented. The City of
Response:
The Scotts Valley Police Department AGREES.
The Scotts Valley
Police Department has implemented a comprehensive approach to evidence
collection. Officers carry recording devices for interviews, receive
recognition on a department plaque for successful fingerprint identifications,
and carry evidence kits in their cars with additional support from
investigators on crime scene processing.
Response:
Watsonville Police Department AGREES.
Response:
The
This
recommendation has been implemented. The
Law enforcement agencies and the courts should continue to advise victims to keep current copies of their restraining orders on their persons to assist a responding officer.[23]
Response: The
The County
supports this recommendation and defers to the law enforcement agencies and the
courts to implement it.
Response:
The Capitola Police Department AGREES.
The recommendation
is currently implemented in that the Capitola Police Officers ask plaintiffs to
have their court orders available for Officer review.
Response: The City of Santa Cruz Police Department:
The
recommendation has been implemented. The
City of
Response:
The Scotts Valley Police Department AGREES.
The Scotts Valley
Police Department has implemented this by having our emergency dispatchers and
officers advise crime victims of the importance of keeping current copies of
their court orders and also updating our office when changes occur.
Response:
Watsonville Police Department AGREES.
Response:
The
This
recommendation has been implemented. Policy #O.48 outlines the procedure for
investigating violations of restraining orders. This includes orders that are
not properly listed in law enforcement databases. Per Sheriff’s Office policy,
the victim may make a private persons arrest for a violation of a restraining
order where it is unclear if it is valid. Deputies, as a practical matter,
routinely advise victims on how to ensure enforcement of restraining orders.
The District Attorney
should make information about the “No Mas” grant, and
any other domestic violence-related grants, more readily accessible to domestic
violence advisory bodies.
Response: The
The County defers to
the District Attorney to respond to this recommendation.
Response: The Santa Cruz County District Attorney’s Office
PARTIALLY DISAGREES.
This recommendation has been implemented. The District Attorney's
Office has made this information accessible.
The District Attorney's Office has described to the Domestic Violence
Commission in detail the objectives and goals of the No Mas
grant. The grant attorney's assignment is to do outreach to different advisory
groups, community groups, and law enforcement agencies as to the objectives and
goals of the grant.
Advocacy groups, law
enforcement, and the District Attorney’s Office should improve interagency
communication in their continuing efforts to assist victims of domestic
violence.
Response: The
The County
supports this recommendation and defers to the advocacy groups, law
enforcement, and the District Attorney for its implementation. This
recommendation has been implemented by the Sheriff’s Office and
the District Attorney through regular communication with advocacy groups. In
order to enhance these efforts, the Sheriff’s Office and
the District Attorney’s Office are starting a
program, to be implemented by December 2006, which will include regular
meetings to review pertinent cases.
Response:
The Capitola Police Department AGREES.
The recommendation
is currently being implemented.
Response: The City of Santa Cruz Police Department:
The
recommendation has been implemented. The
open line of communication between advocacy groups, other law enforcement
agencies, and the District Attorney’s Office has already been implemented by
the City of
Response:
The Scotts Valley Police Department AGREES.
The
Scotts Valley Police Department has implemented this recommendation by hosting
roll call visits from various advocacy groups, such as Women’s Crisis Support.
Response:
Watsonville Police Department PARTIALLY AGREES.
Communication is good although
there is always room for improvement.
Response:
The
This recommendation has been
implemented. Although law enforcement and the District Attorney communicate
regularly, a program is being developed in which a Sheriff’s Office
Investigation Division detective sergeant meets on a regular, frequent basis
with the District Attorney’s Office to review cases submitted for prosecution.
This program is expected to be in effect prior to the end of calendar year
2006.
Response: The Santa Cruz County District Attorney’s Office
PARTIALLY AGREES.
This recommendation has been implemented. The District Attorney's
Office has established strong relationships with all of our community partners
to fight against domestic violence and will continue to do so. Nevertheless, there is always room for
improvement and the District Attorney's Office will strive to build upon
interagency relationships.
The District
Attorney’s Office should periodically monitor caseloads to make sure that
staffing is adequate for the number of cases.
Response: The
The County defers
to the District Attorney in regards to this recommendation.
Response: The Santa Cruz County District Attorney’s Office AGREES.
This recommendation has been implemented. The District Attorney's Office routinely
monitors caseloads for the entire staff and will continue to do so.
The Probation
Department should continue to hold batterers accountable for meeting all
requirements of probation.
Response: The
This
recommendation will continue to be implemented.
Entities |
Findings |
Recommendations |
Respond Within |
|
|
|
1 - 9 |
60 Days |
|
City of Capitola Police Department |
7, 9 - 11, 22 |
1, 3 - 5, 7 |
90 Days |
|
City of Santa Cruz Police Department |
7, 9 - 11, 22 |
1 - 5, 7 |
90 Days |
|
City of Scotts Valley Police Department |
7, 9 -11, 22 |
1, 3 - 5, 7 |
90 Days |
|
City of Watsonville Police Department |
7, 9 - 11, 22 |
1, 3 - 5, 7 |
90 Days |
|
|
7 - 12, 22 |
1, 3 - 5, 7 |
60 Days |
|
Santa Cruz County District Attorney |
11, 13, 15 - 19, 23 |
6, 7, 8 |
60 Days |
|
Santa Cruz County Probation Department |
23 - 25 |
9 |
90 Days |
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[1] Lockyer, Bill, California State Attorney General, Keeping the Promise: Protecting the Victims of Domestic Violence and Holding Batterers Accountable, June 2005.
[2] City of
[3] Applied
Survey Research, The Commission for the Prevention of Violence Against Women: Report on Rape and Sexual Assault,
presentation to the Santa Cruz City Council,
[4] See Appendix C.
[5] Santa Cruz County Domestic Violence Commission web site, http://sccounty01.co.santa-cruz.ca.us/da/dvc/mission.asp.
[6] Santa Cruz City Commission for the Prevention of Violence Against Women web site, http://www.ci.santa-cruz.ca.us/.
[7]
[8]
[9] Archer,
Kay Bowden, “
[10]
[11] Two sets of minutes missing in 2002.
[12] One set of minutes missing in 2003.
[13]The
Community Foundation of
[14]The
Community Foundation of
[15]The
Community Foundation of
[16]The
Community Foundation of
[17]The
Community Foundation of
[18] See tables in Appendix B.
[19]
[20] Pacific Treatment Associates, “Introduction to Domestic Violence Prevention Program,” no date.
[21]
[22] California Penal Code § 273.5, subdivision (a), Felony to Inflict Corporal Injury on Current or Former Spouse or Cohabitant; Conditions of Probation.
[23] CLETS Order After Hearing, Page 2 of 5, Section 9.