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WHO IS A HIGH RISK OFFENDER? BEHIND NOT SO CLOSED DOORS Assessment and Evaluation Jill Johansson-Love Ph.D. North Texas Effective Work with Batterers 6.

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Presentation on theme: "WHO IS A HIGH RISK OFFENDER? BEHIND NOT SO CLOSED DOORS Assessment and Evaluation Jill Johansson-Love Ph.D. North Texas Effective Work with Batterers 6."— Presentation transcript:

1 WHO IS A HIGH RISK OFFENDER? BEHIND NOT SO CLOSED DOORS Assessment and Evaluation Jill Johansson-Love Ph.D. North Texas Effective Work with Batterers 6 th Annual July 24-25, 2014

2 WHY DO WE CARE?  Nationally between 2003 and 2012 the nonfatal domestic violence accounted for 21% of all violent crime with 15% being intimate partner  The 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 members  A 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 police U.S. Department of Justice, Office of Justice programs, Bureau of Justice Statistics, Special Report, Nonfatal Domestic Violence , published April 2014

3 NONFATAL DOMESTIC VIOLENCE TRENDS

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 knew  In the homicides where the male perpetrator was known 64% of the victims had a intimate relationship history with the perpetrator  12 times as many females were murdered by a known male than were killed by a male stranger  Nationwide more female homicides were committed with a firearm than any other weapon  In 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 WHY DO WE CARE, LOCALLY? DALLAS POLICE DEPARTMENT How many domestic violence homicides were there? How many domestic violence incidents were there? 13,00813,32413,785 How many domestic aggravated assaults were there? 1,2171,2471,230 DALLAS COUNTY CSCD How many persons were on felony probation for domestic violence charges at the start of the year?1,4541, How many of these cases were revoked? How many were revoked for a new offense? How many were revoked for a new assaultive offense?565028

9  RISK 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 VARIOUS ASSESSMENTS

10 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 CRITIQUE OF LETHALITY ASSESSMENTS

11 The author suggest these should be called dangerousness assessments not lethality and that many lethality indicators are present in domestically violent relationships Skewed data based on emergency care, lack of documented incidents Measure obscure the individualized nature of the victims environment Useful in communication and advocacy WARNINGS! An instrument cannot be the only thing used, in my opinion for any assessment/ evaluation type The specific score cannot substitute actual interviews with the people involved The victim should not be answering these instruments where the batterer is, where the batterer is close or can appear! CRITIQUE OF LETHALITY ASSESSMENTS

12  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 enforcement  DPD has their own longer lethality assessment you should look for it for all cases after October THE DANGER ASSESSMENT INSTRUMENT

13  Stalking  Recent separation (victim or offender initiated)*  Increasing frequency and severity of assaultive behavior  Unemployment (out weighed race factor)*  Choking attempts  A gun in the house-Important risk factor  The perpetrator used drugs  The perpetrator forced victim to have sex  The perpetrator threatened to kill the victim  Victim believed perpetrator was capable of killing THE DANGER ASSESSMENT RISK FACTORS FOR LETHALITY SUCCESS VS. ATTEMPT

14  Perpetrator drinking close to daily  Controlling behavior especially with recent separation  Hitting victim while pregnant  Violent jealousy  Perpetrator threatened or attempted suicide  Perpetrator violent towards children  Perpetrator violent outside the home  Prior domestic violence arrests FEMICIDE (COMPLETED AND ATTEMPTED) VS. CONTROLS

15  Perpetrator unemployed  Perpetrator has a stepchild  Previous threat with a weapon  Very controlling especially if recent separation  Perpetrator used a gun Triggers: victim leaving or jealousy with victims new relationship RISK FACTORS AT THE TIME OF FEMICIDE

16 SAME RISK FACTORS  Perpetrator gun  Threats with a weapon  Stepchild  Estrangement UNIQUE RISK FACTORS  Perpetrator suicide threats and poor mental health  Married  Higher level of education and white FEMICIDE FOLLOWED BY SUICIDE

17  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 factor  Perpetrators will minimize their actions  Listen carefully to what they are telling you!  66% of stalked and battered victims had contacted authorities 56% contact in medical area  56% of batterers had prior arrests OTHER FACTORS TO CONSIDER

18 Any DV conviction misdemeanor or felony not allowed to own guns-law in all states but 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 BRADY BILL

19  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. SPECIAL ISSUE: WEAPONS

20 Prior domestic violence related incidents Drug or alcohol abuse Mental health issue Suicidal/homicidal Use and/or threatened use of weapons in current or past offense or access to firearms Criminal history – non domestic violence Obsession with the victim Safety concerns Violence and/or threatened violence toward family members including child abuse Attitudes that support or condone spousal assault Prior completed or non-completed domestic violence treatment Victim separated from offender within the previous six (6) months Unemployed Involvement with people who have pro-criminal influence OVERALL RISK AREAS FOR FURTHER DOMESTIC VIOLENCE AS IDENTIFIED BY THE DVRNA USED IN COLORADO DV COURTS

21 SPECIAL CONSIDERATIONS IN CATS EVALUATIONS  Criminogenic risk/need factors  Violence  Recidivism  Absconding  Motivation and insight  Peer group and support system  Barriers to treatment FORENSIC ASSESSMENT DALLAS COUNTY CSCD - CATS

22 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 CRIMINOGENIC RISK FACTORS

23  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. Guerrero  The majority of the D.V. cases will have a regular CATS evaluation SCREENING FOR THE FELONY DOMESTIC VIOLENCE COURT PROGRAM (FDVC)

24 1. If the OFFENSE INVOLVED A GUN automatic referral 2. If THREE OR MORE of the following criteria are met related to ANY DV offense involving the victim, immediately refer for a Forensic DV Risk assessment:  A weapon (other than a GUN) used or present  The victim was choked (or breath was otherwise impeded)  The victim required medical treatment  The defendant forced sexual intercourse  The victim was pregnant  The defendant verbally threatened to kill the victim  Victim believed the defendant capable of killing her 3. If SIX OR MORE criteria are met totaling the top part with the following criteria related to ANY DV offense involving the victim, 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)  Controlling  Presence of a child during the offense  Violence in public (e.g., in a car)  Violation of a protective order  Defendant under the influence of alcohol or drugs during the offense  Defendant is unemployed  The defendant and victim had separated (moved apart) during the preceding year  The defendant has avoided being arrested for domestic violence (e.g., fled the scene)  The victim has children that are not the defendant’s SCREENING DOCUMENT Criteria for Referrals for Forensic DV Risk Assessment Criteria NOTE: Male offenders only, instant offense is assault related toward an intimate partner (e.g., spouse)

25 Full Dual Diagnosis Evaluation/full psychological evaluation Different focus from general recidivism to lethality Additional questions about relationship history and focused on DV risk factors including specific controlling/stalking, violent, and public problem behavior Additional focus on collateral data, including prosecutor file and multiple police reports Interview with victim and scoring of the Danger Assessment Psychological Testing (PAI or/and MCMI-III) Malingering testing as needed (TOMM, SIRS-2 or if cognitive issues VIP) THE FORENSIC DOMESTIC VIOLENCE RISK EVALUATION

26 INTERVIEW OF PERPETRATOR  Semi-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. ASSESSMENT METHODS

27 COLLATERAL DATA  Having 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 Assessment  Collateral 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). ASSESSMENT METHODS

28 PSYCHOLOGICAL TESTING  Mental 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). ASSESSMENT METHODS

29 DANGER ASSESSMENT  USE OF DV RISK INSTRUMENT – INCLUDING VICTIM INTERVIEW  Various 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? ASSESSMENT METHODS

30 ASK 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? EXAMPLE QUESTIONS

31 DO 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? EXAMPLE QUESTIONS

32 OTHER 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? EXAMPLE QUESTIONS

33 STALKING BEHAVIOR CHECKLIST

34  BIPP vs. Anger management  Parenting, third party exchanges  UAs, SCRAM, drug patch  No contact order  ELM vs. GPS  Substance abuse treatment  Mental health treatment RECOMMENDATIONS- DISCUSSION

35 Presiding Judge: Hon. Rick Magnis  Began in January 2014 to provide more structured supervision for high risk individuals on probation for domestic violence offenses  The program targets individuals whose offenses and attitudes toward their victims suggests a high potential for lethality in their romantic relationships  The court program is designed to be 9-16 months in duration  Potential 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. FDVC PROGRAM

36  The 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 participants Phase 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 programming  Initial weekly appearances in court before Judge Magnis; this decreases over time  Compliance with all other requirements (e.g., a no-contact order, monitoring, and/or substance abuse treatment) FDVC PROGRAM

37 Judge Public Defender Prosecutor CATS Clinical Assessment Specialist Assessor 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 Officer Probation 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 Advocate Treatment Provider (BIPP) Weekly progress notes to officer Law Enforcement Representative FDVC PROGRAM-COURT TEAM

38  Advancement 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 requirements Active participation in treatment Application  If the participant does not advance within the maximum time period for each phase, his case is reviewed for a potential unsuccessful discharge. FDVC PROGRAM

39 What 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! BOUNDARIES

40 QUESTIONS Kmedia films-domestic violence


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