Presentation on theme: "Who is a high risk offender? Behind not so closed doors"— Presentation transcript:
1 Who is a high risk offender? Behind not so closed doors Assessment and EvaluationJill Johansson-Love Ph.D.North Texas Effective Work with Batterers6th Annual July 24-25, 2014
2 The majority of the violence was against females(76%) vs. males( 24%) Why do we care?Nationally between 2003 and 2012 the nonfatal domestic violence accounted for 21% of all violent crime with 15% being intimate partnerThe majority of the violence was against females(76%) vs. males( 24%)Most of the domestic violence occurred near the victim’s home (77%)Most of the violence was by current or former boyfriend or girlfriends and intimate partner violence cause more injuries than violence by other family membersA weapon was more frequently used by a relative (26%) than intimate partners (19%) or family members (19%)56% of the intimate partner violence as well as immediate family violence was reported to the policeU.S. Department of Justice,Office of Justice programs,Bureau of Justice Statistics,Special Report,Nonfatal Domestic Violence ,published April 2014
4 The 2010 Violence Policy Center: When men murder women: An analysis of 2008 homicide data Key Findings:For homicides were the perpetrator victim relationship could be identified 92% of the female victims were murdered by someone the knewIn the homicides where the male perpetrator was known 64% of the victims had a intimate relationship history with the perpetrator12 times as many females were murdered by a known male than were killed by a male strangerNationwide more female homicides were committed with a firearm than any other weaponIn 85% of all incidents where the actual circumstances of the murder could be determined the murder was not related to another felony such as rape or robbery
5 Why do we care, locally?According to the Texas Department of Public Safety the number of family violence incidents increased with 11.5% from 2011 to 2012 with 198,366 reported incidents of family violence.
6 Why do we care, locally?In 2012 in Texas 114 women were killed, adults utilizing shelter services were 11,994 along with14,534 children. 26.2% of individuals seeking shelter were turned away
7 Why do we care, locally?In 2013, just the Dallas Police Department Family Violence Unit reported 10,812 reported offenses, 91 sexual assault offenses, 180 violations of protective orders, and 5,782 arrests.
8 DALLAS POLICE DEPARTMENT Why do we care, locally?DALLAS POLICE DEPARTMENT201320122011How many domestic violence homicides were there?233115How many domestic violence incidents were there?13,00813,32413,785How many domestic aggravated assaults were there? 1,2171,2471,230DALLAS COUNTY CSCDHow many persons were on felony probation for domestic violence charges at the start of the year?1,4541,242987How many of these cases were revoked?228220184How many were revoked for a new offense?12490101How many were revoked for a new assaultive offense?565028
9 Various AssessmentsRISK ASSESSMENT- predicting risk of another assault (or general recidivism risk assessment)LETHALITY ASSESSMENT- predicting risk of a certain situation ending in death (murder in this case)SAFETY ASSESSMENT- assessing the measures a victim and the community are taking to keep a victim safe
10 Critique of lethality assessments In 2000, Dr. Websdale published “Lethality Assessment Tools: A critical Analysis” for the National Online Resource Center on Violence Against Women.Multiple assessment tools: (Domestic Violence Inventory; Salt Lake City Victim Advocate Program Lethality Assessment; Domestic Violence Risk Assessment; Assessing Risk; Enrollment form for ADT Aware Program; Danger Assessment Instrument; assessing the Lethality of Batterers)Many similar risk factors but the only measure based on a domestic homicide data set is the Danger Assessment Instrument and it is also highlighted as having a large sample of Black women and has shown useful with both Black and Hispanic women
11 Critique of lethality assessments The author suggest these should be called dangerousness assessments not lethality and that many lethality indicators are present in domestically violent relationshipsSkewed data based on emergency care, lack of documented incidentsMeasure obscure the individualized nature of the victims environmentUseful in communication and advocacyWARNINGS!An instrument cannot be the only thing used, in my opinion for any assessment/ evaluation typeThe specific score cannot substitute actual interviews with the people involvedThe victim should not be answering these instruments where the batterer is, where the batterer is close or can appear!
12 The Danger Assessment Instrument The DANGER ASSESSMENT is an instrument used as a tool to determine the level of danger an abused woman has in being murdered by her intimate partner.It was developed in 1986 by Jacquelyn Campbell using data from 18 cities.There is a four item lethality assessment to be used by law enforcementDPD has their own longer lethality assessment you should look for it for all cases after October 2012.
13 The Danger Assessment Risk Factors for Lethality success vs. attempt StalkingRecent separation (victim or offender initiated)*Increasing frequency and severity of assaultive behaviorUnemployment (out weighed race factor)*Choking attemptsA gun in the house-Important risk factorThe perpetrator used drugsThe perpetrator forced victim to have sexThe perpetrator threatened to kill the victimVictim believed perpetrator was capable of killing
14 Femicide (completed and attempted) vs. Controls Perpetrator drinking close to dailyControlling behavior especially with recent separationHitting victim while pregnantViolent jealousyPerpetrator threatened or attempted suicidePerpetrator violent towards childrenPerpetrator violent outside the homePrior domestic violence arrests
15 Risk Factors at the time of Femicide Perpetrator unemployedPerpetrator has a stepchildPrevious threat with a weaponVery controlling especially if recent separationPerpetrator used a gunTriggers: victim leaving or jealousy with victims new relationship
16 Femicide followed by Suicide SAME RISK FACTORSPerpetrator gunThreats with a weaponStepchildEstrangementUNIQUE RISK FACTORSPerpetrator suicide threats and poor mental healthMarriedHigher level of education and white
17 Other Factors to Consider Violence towards pets is a risk factor for domestic abuse (not femicide but needs further investigation)Military history not a risk factor (needs further investigation)Couple never living together is a protective factorPerpetrators will minimize their actionsListen carefully to what they are telling you!66% of stalked and battered victims had contacted authorities 56% contact in medical area56% of batterers had prior arrests
18 but Judges need to order gun removal Brady BillAny DV conviction misdemeanor or felony not allowed to own guns-law in all statesbut Judges need to order gun removal(What about deferred probation?!)The 2010 Violence Policy Center: When men murder women: An analysis of 2008 homicide data, suggests women has to consider having a gun in her home “for protection” as it increases her risk for intimate partner homicide
19 Special issue: weapons Be sure to ask the victim, perpetrator, and any collateral contacts about whether the perpetrator owns weapons or has access to weapons. Remember family members has weapons!Look for evidence in collateral information (records) related to a history of weapons ownership, possession, and/or use. For example, prior charges involving a weapon or gang involvement etc., would suggest ownership of firearms and, at a minimum, familiarity with their use.Weapons should be addressed directly in any safety plans and/or supervision conditions. Judge may need to order surrender of weapons to ensure this issue is addressed directly.
20 Overall Risk Areas for Further Domestic Violence as identified by the DVRNA used in Colorado DV courtsPrior domestic violence related incidentsDrug or alcohol abuseMental health issueSuicidal/homicidalUse and/or threatened use of weapons in current or past offense or access to firearmsCriminal history – non domestic violenceObsession with the victimSafety concernsViolence and/or threatened violence toward family members including child abuseAttitudes that support or condone spousal assaultPrior completed or non-completed domestic violence treatmentVictim separated from offender within the previous six (6) monthsUnemployedInvolvement with people who have pro-criminal influence
21 Forensic assessment dallas county cscd - cats SPECIAL CONSIDERATIONS IN CATS EVALUATIONSCriminogenic risk/need factorsViolenceRecidivismAbscondingMotivation and insightPeer group and support systemBarriers to treatment
22 Criminogenic Risk factors Bonta and Andrews description of criminogenic risk/needs factors: Antisocial personality pattern Pro-criminal attitudes Social supports for crime Substance abuse Family/marital relationships School/work Lack of pro-social recreational activities
23 Screening for the Felony Domestic Violence Court Program (FDVC) Due to the extensive time allotted to the Forensic Domestic Violence Risk Evaluation and the limited resources we have created a very stringent screening criteria.Once referred and identified as a domestic violence case regardless of actual offense, court of jurisdiction, open plea, plea bargain, or trial a CATS department screener will complete the screening document. If the person is screened in either they will be seen or have an appointment made to complete the Forensic Domestic Violence Risk Assessment with Dr. GuerreroThe majority of the D.V. cases will have a regular CATS evaluation
24 Screening document 1. If the OFFENSE INVOLVED A GUN automatic referral Criteria for Referrals for Forensic DV Risk Assessment CriteriaNOTE: Male offenders only, instant offense is assault related toward an intimate partner (e.g., spouse)Screening document1. If the OFFENSE INVOLVED A GUN automatic referral2. If THREE OR MORE of the following criteria are met related to ANY DV offense involving the victim, immediately referfor a Forensic DV Risk assessment:A weapon (other than a GUN) used or presentThe victim was choked (or breath was otherwise impeded)The victim required medical treatmentThe defendant forced sexual intercourseThe victim was pregnantThe defendant verbally threatened to kill the victimVictim believed the defendant capable of killing her3. If SIX OR MORE criteria are met totaling the top part with the following criteria related to ANY DV offense involving thevictim, immediately refer for a Forensic DV Risk assessment:Multiple incidents of domestic violence (this does not have to be the current victim)Evidence of violent jealousy (e.g., assault began because defendant thought the victim was unfaithful)ControllingPresence of a child during the offenseViolence in public (e.g., in a car)Violation of a protective orderDefendant under the influence of alcohol or drugs during the offenseDefendant is unemployedThe defendant and victim had separated (moved apart) during the preceding yearThe defendant has avoided being arrested for domestic violence (e.g., fled the scene)The victim has children that are not the defendant’s
25 The Forensic Domestic Violence Risk Evaluation Full Dual Diagnosis Evaluation/full psychological evaluationDifferent focus from general recidivism to lethalityAdditional questions about relationship history and focused on DV risk factors including specific controlling/stalking, violent, and public problem behaviorAdditional focus on collateral data, including prosecutor file and multiple police reportsInterview with victim and scoring of the Danger AssessmentPsychological Testing (PAI or/and MCMI-III)Malingering testing as needed (TOMM, SIRS-2 or if cognitive issues VIP)
26 INTERVIEW OF PERPETRATOR Assessment methodsINTERVIEW OF PERPETRATORSemi-structured interview covering all issues in a typical psychological evaluation but with an extra focus on intimate relationship history, power and control issues in relationships, history of violence within intimate relationships, attitudes towards women, and risk factors associated with domestic violence.Can require a shift in approach within the interview. Often will require starting with a “good cop” or friendly, less directive approach. Let the interviewee talk. The goal is to get him talking and pay attention to how he describes things. After rapport is established and information from his perspective is gathered, it can be helpful at times to confront inconsistencies. Also, confrontation and pushing a bit can sometimes bring out angry reactions with less censoring of responses.Be sure to find out about current status of relationship, including ongoing contact, even if perpetrator is in jail. Ask about direct versus indirect contact.
27 Having collateral sources of information is imperative. Assessment methodsCOLLATERAL DATAHaving collateral sources of information is imperative.Review of records includes criminal record, offense reports, police incident reports, probation records, jail records, treatment records (if applicable), evidence related to case (photos, 911 recording, detailed witness statements). Incident Reports-location or person. Special D.V. attachment from police.Victim Interview (in-person if possible) with the Danger AssessmentCollateral information is needed to provide a full picture of the dangerousness of the situation, given the tendency of the perpetrator to minimize and, at times, for the victim to minimize as well (could be to protect herself from further violence).
28 PSYCHOLOGICAL TESTING ASSESSMENT METHODSPSYCHOLOGICAL TESTINGMental Illness is not considered a risk factor for Domestic Violence.Research does not show one personality type of DV perpetrators.However, having data regarding the perpetrator’s personality, especially if a personality disorder is present, can inform treatment and in general provide information that may aid in understanding the perpetrator overall.Psychological testing can aid in understanding the perpetrator’s dynamics in relationships (e.g., narcissistic traits versus borderline traits versus antisocial traits).
29 ASSESSMENT METHODS DANGER ASSESSMENT USE OF DV RISK INSTRUMENT – INCLUDING VICTIM INTERVIEWVarious options available, but some are designed to measure the risk for re-assault rather than lethality.We use the Danger Assessment (DA) by Campbell, since it is designed to be a lethality risk assessment tool.DA involves a victim interview. Access to the victim is imperative in conducting a solid lethality assessment.DA involves 20 questions, with weighted scoring, and produces a score and category of danger (variable danger, increased danger, severe danger, and extreme danger).When a victim is in the extreme danger category, she should be advised of the serious danger of her situation. Criminal justice system should consider higher bail, higher monitoring for the perpetrator.Other danger levels should also be advised of risk and encouraged to participate in safety planning.Be sure to find out from the victim is there is current contact and whether she wants to be having contact. What kind of contact is it?
30 Example QuestionsASK NUMEROUS QUESTIONS ABOUT THE RELATIONSHIP AND ADD IN SPECIFIC ONES AMONG NON-THREATENING ONES:So you were together for a year, were you really close? Did you call each other through out the day to check in? Did you share passwords to your phones, computers, Facebook etc. Did she ever check your phone without permission? Did you check hers? How much time did you have for each other? Did you ride together to work or have lunch?Assess size differential to use for confrontation later when justifications and excuses are used….NORMALIZING THE SITUATION TO MAKE IT LESS OBVIOUS:Usually when these types of arguments happen there has been trouble in the relationship for some time. When do you think you began arguing more? What would you argue about? What would she do? What would you do? Where the children there?How did you meet? What did you first like about her, the way she dressed? What about it…..So you were a gang member what type of guns did you used to have?You described your father as manly did he ever teach you how to shoot or hunt?You grew up in the country so you like to hunt and fish? What did you used to hunt with? Who taught you to use a gun?Did you know each other’s families? Did she know your ex did you know hers? Was she ever jealous? Did she ever spy on you? Did you ever spy on her?
31 DO WHAT LAWYERS DO, MAKE A HYPOTHETICAL: Example questionsDO WHAT LAWYERS DO, MAKE A HYPOTHETICAL:If someone busted in your door and screamed they were going to kill you, would you be afraid? Do you think she was afraid? Why not?If I needed to get a hold of her for any reason or to verify this non-prosecution statement what would be the easiest way? What is her number? Where does she work (when is she there)? Who else would know how to contact her?If someone hit you and threatened you how would you feel? How do you think she feels about what happened? How do you think the children felt?If you could go back and change something in your relationship or about the incident what would you do differently? What would you like for her to do differently?
32 OTHER LESS THREATENING WAYS OF ASKING: Example questionsOTHER LESS THREATENING WAYS OF ASKING:What do you do for protection in your home? Do you know any martial arts? Do you have a trained dog? Do you have bars on the windows? Did the two of you own a gun for protection?During your arguments did it ever get physical? Not even pushing or shoving each other?You told me that your arguments were only verbal prior to this incident, did you guys ever say things to be mean or threaten to hurt each other?How many times have you separated during your relationship? Who usually move out? How quickly do you get back together? What caused the separation?How many times did the police get called to your house for arguing or disturbing the peace?How do you feel about her today? Are you planning of making it up to her if you are allowed to see each other? Have you apologized? How, in letter, phone call or through someone else?Has she contacted you since the incident? What do you think she wants to happen in the future?
34 Recommendations- discussion BIPP vs. Anger managementParenting, third party exchangesUAs, SCRAM, drug patchNo contact orderELM vs. GPSSubstance abuse treatmentMental health treatment
35 Presiding Judge: Hon. Rick Magnis FDVC programPresiding Judge: Hon. Rick MagnisBegan in January 2014 to provide more structured supervision for high risk individuals on probation for domestic violence offensesThe program targets individuals whose offenses and attitudes toward their victims suggests a high potential for lethality in their romantic relationshipsThe court program is designed to be 9-16 months in durationPotential participants are referred for an enhanced Domestic Violence CATS evaluation by the court or field CSO, or are identified during the CATS screening process as potential candidates, and placement on this court is recommended in this evaluation if they are determined to have a high risk for future lethality.If the judge in the probationer’s court of origin orders the probationer to the DV court, his case is transferred to Judge Magnis’ court.
36 Court requirements for participants FDVC programThe goal of the Dallas County Felony Domestic Violence Court (FDVC) Program is the institutionalization of procedures to promote victim safety, offender accountability, and offender rehabilitation.Court requirements for participantsPhase 1: Initial Engagement (10-30 days)Phase 2: Basic Competency (3-6 months)Phase 3: Advanced Competency (3-6 months)Phase 4: Final Completion Phase (3 months)Participation in specialized BIPP programmingInitial weekly appearances in court before Judge Magnis; this decreases over timeCompliance with all other requirements (e.g., a no-contact order, monitoring, and/or substance abuse treatment)
37 FDVC Program-court team JudgePublic DefenderProsecutorCATS Clinical Assessment SpecialistAssessor will be experienced in conducting forensic psychological evaluations and will have specialized training in the dynamics and issues specific to domestic violence cases, as well as risk assessment in general.The CATS assessor will conduct the initial risk assessment prior to a defendant’s placement in the FDVC program.The assessor will also be available to conduct re-assessment at any point during a participant’s tenure in the FDVC program. Referrals for re-assessment will be made by the court team.Probation OfficerProbation officer will be experienced in supervising high risk offenders and will be trained in domestic violence risk factors in particular, allowing him/her to identify and address risk factors to the court team to ensure victim and community safety, offender accountability, and timely judicial action when needed.The officer’s caseload will be limited to 40.The officer will be trained on the monitoring devices commonly used in the FDV Court.The officer will be responsible for coordinating services, ensuring that appropriate information is shared with court team members and making sure that the offender’s requirements of probation are followed. He/she will maintain current pertinent information on a FDVC program staffing sheet and will bring the staffing sheet each week to court team staffing meetings for each offender on that week’s docket.Victim AdvocateTreatment Provider (BIPP)Weekly progress notes to officerLaw Enforcement Representative
38 Phase advancement also requires: FDVC ProgramAdvancement to different phases requires the participant to demonstrate applied knowledge regarding information presented in BIPP and present this to court.Phase advancement also requires:Demonstrated long-term compliance with probation requirementsActive participation in treatmentApplicationIf the participant does not advance within the maximum time period for each phase, his case is reviewed for a potential unsuccessful discharge.
39 What is your role, know it and stick to it! BoundariesWhat is your role, know it and stick to it!Homicidality, if you are concerned communicate!Who is on probation, the victim or the perpetrator?Are you being manipulated?Document all communications!! May be setting up a defense….Presentation, remember you are not their significant other so the person you are interacting with is likely not the same as the victim interacted with..Read the police report and evaluations!