Presentation is loading. Please wait.

Presentation is loading. Please wait.

Building Partnerships to Enhance Access to the Criminal Justice System for Crime Victims with Disabilities A Massachusetts Initiative Presented by Elizabeth.

Similar presentations


Presentation on theme: "Building Partnerships to Enhance Access to the Criminal Justice System for Crime Victims with Disabilities A Massachusetts Initiative Presented by Elizabeth."— Presentation transcript:

1 Building Partnerships to Enhance Access to the Criminal Justice System for Crime Victims with Disabilities A Massachusetts Initiative Presented by Elizabeth D. Scheibel Northwestern District Attorney September 20, 2004

2 AGENDA  Introduction to the Structure of Massachusetts State Agencies  Identifying Abuse as a Problem  “House of Horrors” – Case that Changed the System  Response to the System Failure  Building Partnerships Initiative Projects  How cases move through the Adult Protective Service System  Building Partnerships Results

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

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

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

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

7 Identifying the Problem Prevalence of Violence Against Persons with Disabilities

8 Prevalence of Violence Against Persons with Disabilities  54 million Americans with disabilities (U.S. Department of Justice, 1998)  5 million crimes committed against persons with developmental disabilities each year in the U.S. compared with (Petersilia, Ph.D., UCD) :  1.4 million Child Abuse  1 million Spousal Abuse  1 million Elder Abuse  800,000 Hate Crimes

9 Prevalence of Violence  More than 90 percent of persons with developmental disabilities will experience sexual abuse at some point in their lives. 49 percent will experience 10 or more abuse incidents (Valenti-Hein & Schwartz, 1995)  A study of psychiatric inpatients found that 81 percent had been physically or sexually assaulted (Jacobson & Richardson, American Journal of Psychiatry, 1987)

10 Prevalence of Violence  62% of women with physical disabilities reported experiencing emotional, physical or sexual abuse (Nosek & Howland, 1998)  Only 3% of sexual abuse cases involving people with developmental disabilities will ever be reported (Valenti-Hein & Schwartz, 1995)

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

12 Harold Simonton Karol Simonton

13 TORTURE Tied to Piping hot radiator Fingers/Hands in vice grips Fingers in monkey wrench Burned with boiling hot water Hit with whips, thorned sticks, 3 lb hammers Forced to hand over SS $$ l Assaulted & threatened with several firearms l Hit with motor chain (causing blindness in one eye) l Attacked by vicious dogs on D’s command l Sexually assaulted l Forced to beg for food l Forced to sleep in doghouse

14

15

16 The Massachusetts Response to the System Failure

17 The Process House Post Audit Report Issued DMR Investigation Advisory Panel Established DMR Investigation Advisory Panel Report Issued EOHHS Unites Human Service Agencies Statewide Conference MOU Process Begins

18 Multidisciplinary Agency Response Joint Investigations  No one person or agency possesses all of the skill, knowledge, and resources necessary to respond to the complex problems of mistreatment and abuse.  Each agency brings a different perspective and different information to the table

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

20 I. Statement of Purpose To provide a framework for the prompt and effective reporting, investigation and prosecution of crimes against persons with disabilities through a multidisciplinary approach

21 II. Participating Agencies (Multidisciplinary Team)  District Attorney’s Office  Prosecutor  Forensic Interviewer  Victim/Witness Advocate  Disabled Persons Protection Commission  Human Service Agency  Department of Mental Retardation  Department of Mental Health  Massachusetts Rehabilitation Commission  State Police

22 Other Team Members  Local Police  Sexual Assault Nurse Examiner (SANE)  Medical Professional  Mental Health Consultant  Speech and Language Pathologist  Human Service Case Manager/Service Coordinator

23 III. MOU Goals  GOAL I: To provide protection, treatment and continuity of care for persons with disabilities  GOAL II: To ensure crimes against persons with disabilities are promptly and effectively reported, investigated and prosecuted  GOAL III: To enhance communication and cooperation between law enforcement and human service agencies  GOAL IV: To increase awareness of crimes against persons with disabilities

24 IV. Reporting and Investigation  Reporting of Felonies  Deaths  Indecent Assault and Battery  Assault and Battery  Rape  Intent to Commit Rape  Larceny of a Person with a Disability  District Attorney Notified  24 hour period

25 IV. Reporting and Investigation  Investigation  Assignment of Criminal Investigation  District Attorney State Police  DPPC State Police  Local Police  Referred back for Civil Investigation  DPPC

26 V. Human Services Liaisons  State and Regional Civil Contacts  Disabled Persons Protection Commission (DPPC)  Department of Mental Retardation (DMR)  Department of Mental Health (DMH)  Massachusetts Rehabilitation Commission (MRC)

27

28 Steering Committee  Purpose of Steering Committee  Directs activities of Executive Office of Public Safety (EOPS) Byrne Grant and “Building Partnerships” initiative

29 Steering Committee  Membership  District Attorney  Disabled Persons Protection Commission (DPPC)  Department of Mental Retardation (DMR)  Department of Mental Health (DMH)  Massachusetts Rehabilitation Commission  State Police  MA District Attorneys Association (MDAA)  MA Office of Victim Assistance (MOVA)

30 Steering Committee  Sub-Committees  Public Awareness  Training  Legislative  Grant  Prosecutors  Criminal Justice System

31 Partnerships Projects  Public Education Campaign  Logo Development  Building Partnerships Brochure  Educational Brochures  Laminated Reporting Cards  Mass Mailings  State and County Training  Video Development

32 Training  Law Enforcement Training  Law Enforcement Training by County  Criminal Justice Training Council  State Police Academy  Distance Learning  Human Service Provider Training  Service Provider Training by County

33 Training  Human Service (Civil) Investigators  40 Hour Basic Investigation  40 Hour Sexual Assault Certification  Medical Community Training  SANE Nurses  Emergency Room Staff

34 Training  Court Personnel  Americans with Disabilities Act Coordinators  Court Officers  Court Security  Judiciary

35 Training  Communicating with Crime Victims with Disabilities Conference Personnel  October 2002  Two Day Statewide Conference  Interviewing Persons with  Mental Retardation: Dr. Nora Baladerian  Mental Illness  Physical Disabilities

36 Training  Communicating with Crime Victims with Disabilities Conference  Prosecutors  Forensic Interviewers  Victim Witness Advocates  Police Officers  Human Service Investigators  Human Rights Officers

37 Partnerships Projects  Massachusetts Continuing Legal Education (MCLE):  Crimes Against Persons with Disabilities: A Practical Guide to the Reporting, Investigation and Prosecution  Legislative Initiatives  Revised and New Legislation  Enhanced Penalties  Prosecution Issues

38  Criminal Justice Training Council  Curriculum Development  New Recruits  Distance Learning  Local Police  Civil Investigators  Statewide Prosecutors Sub-Committee  Prosecution Issues  Prosecutors Conference Partnerships Projects

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

40  Operates a 24-hour Hotline,  Receives reports of suspected physical, emotional, sexual abuse, neglect and deaths of adults with disabilities  Evaluates reports to determine required response [emergency or non-emergency] and jurisdictional criteria  Provides information and referrals to callers DPPC INTAKE UNIT 24 HOUR HOTLINE

41 DPPC/SPDU Criminal Screening  District Attorney’s office notified  Designated assistant district attorney assigns criminal investigations to:  Local Police  DA’s SPDU  DPPC’s SPDU  Human Service agency contacts notified  Civil Investigator proceeds with protective services

42 DPPC and Human Service Agencies Assisting Law Enforcement  Provides background data on alleged victims, abusers and providers  Assists with interview process  Assists with gathering and analysis of medical and administrative records  Assists in coordinating needed services between law enforcement and human service agencies

43 Building Partnerships Results …

44 Criminal Investigations/Criminal Charges DPPC Database

45 Criminal Activity FY 2004 DPPC Database CRIMINAL ACTIVITY FISCAL YEAR TOTALS SEXUAL ASSAULT ASSAULT & BATTERY LARCENY DEATH OTHER TOTAL CASES880

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

47 Building Partnerships Success  Improved communication and coordination  Improved data collection and documentation  Improved civil and criminal investigations  Increased reporting, criminal investigations and prosecutions  Institutionalized systemic improvements  Enhanced access to the criminal justice system for victims with disabilities Increased protection for victims with disabilities


Download ppt "Building Partnerships to Enhance Access to the Criminal Justice System for Crime Victims with Disabilities A Massachusetts Initiative Presented by Elizabeth."

Similar presentations


Ads by Google