The Core Committee Charged with the Creation of Vermont Department of Corrections Statewide
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May 8, 1996
ACKNOWLEDGEMENTS
The Core Committee charged with the creation of Vermont Department of Corrections Statewide Standards for Domestic Abuse Intervention explored the work of many other states and programs during the course of the project. In addition to seeking the best and latest ideas the committee did not wish to "reinvent the wheel." We wish to acknowledge the following documents which were used for reference and often quoted directly:
New York State Standards for Batterers Intervention Programs (DRAFT), New York State Office for the Prevention of Domestic Violence, 52 Washington St. Room 366, Rensselaer, NY 12144.
Accountability: Program Standards for Batterer Intervention Services, Pennsylvania Coalition Against Domestic Violence, 910 N. Second St., Harrisburg, PA 17102
Other programs and state standards that were used for reference include:
Colorado Treatment Standards for Domestic Violence Perpetrators
Massachusetts Guidelines and Standards for the Certification of Batterers' Intervention Programs
"Domestic Abuse Intervention Project, the Duluth Model," Pence
Emerge Program, Adams
New Hampshire Department of Corrections Policy and Procedure Directive on Domestic Violence
1 "Batterers Treatment Standards Comparison" a national survey of 10 states/programs
After due respect to the fine developmental work done in other locations it's fitting to acknowledge the demonstrated work and ideas of the many Vermont folks who have committed themselves to this work in our local communities over recent years. Our presence is impressive in its own right, and it is scattered throughout this document as the development process tried to bring the best of OUR knowledge and experience to the task at hand. We can all be proud of what we have accomplished so far while simultaneously accepting the challenge of the difficult work that still lies ahead of us. The Core Committee:
Ingrid Jonas, Spectrum/Domestic Abuse Education Program, Burlington Annabelle Lowrie, Women Helping Battered Women, Burlington Jeri Martinez, Vermont Council on Family Violence, Montpelier Michael Hartman, DELTA, Montpelier Jill Evans, Department of Corrections, Burlington Terri Herbert, Department of Corrections, Southwest Dick Powell, Department of Corrections, Central Office Thomas Hunter, Department of Corrections, Southeast
******************************NOTE***************************
In the interest of trying to make each section of this document complete and independent the reader will find some repetition and overlap. What the authors worked hard to avoid was contradiction.
The reader will also notice that all intervention designs herein are formulated for male perpetrators of domestic violence. The interventions are created in the context of enormously disproportionate degrees of male violence against women currently, and throughout the history of our society. Other types of relationship violence do exist in much lesser numbers. While some of the intervention tools and processes outlined in this document may be useful and applicable to other clients manifesting violent behavior, it is believed that other programs created for these groups would necessarily be distinctly different.
2 VERMONT
DEPARTMENT OF CORRECTIONS
STATEWIDE STANDARDS FOR
DOMESTIC ABUSE INTERVENTION TABLE OF CONTENTS
PAGE
Acknowledgements 1
Table of Contents 3 Purpose Statement Why provide domestic abuse intervention services? Why develop/utilize standards for domestic abuse education services? 1.0 Introduction 6
2.0 Background 9
3.0 Definitions and Basic Concepts 12
4.0 Statement of Philosophy 17 Guiding Principles 5.0 Program Principles of Practice 18
6.0 Ethical Standards 21 6.1 Program Ethics 21 6.2 Staff Ethics 21 6.3 Research Ethics 22 6.4 Ethical Violations 22
7.0 Intervention Modalities 23 7.1 Appropriate Modalities 23 7.2 Overview of Modalities 24 7.3 Inappropriate Methods 25 Controversies
3 8.0 Provider Expectations 27 8.1 County Domestic Violence Task Force Membership 27 8.2 Providers Coalition 27 8.3 Program Teams 28 8.4 Protocol with Network Victim Organizations 28 8.5 Training and Experience Standards 29 8.6 Staff Expectations 30 8.7 Program Outcomes and Evaluation 30 9.0 Batterer Intervention Program Guidelines 32 9.1 Appropriate Objectives for Batterer Intervention Programs 32 9.2 Intervention Format 33 9.3 Group Composition 33 9.4 Group Capacity 34 9.5 Program Duration 34 9.6 Referral Procedure 35 9.7 Intake and Registration Requirements 35 9.8 Program Phases 36 9.9 Attendance Policy 36 9.10 Program Completion Criteria 37 9.11 Dismissal Criteria 37 9.12 Confidentiality Guidelines 38 9.13 Limited Confidentiality and Waiver with Release of Information 39 9.14 Substance Use Policy 39 9.15 Adjunctive Treatment 40 9.16 Fees 41 9.17 Program Contract 41 9.18 Documentation Requirements 42 9.19 Content Requirements 43 9.20 Suggested Content Options 43 9.21 Program Information to Victims / Partners 44 9.22 Public Information and Community Education 44
10.0 Intensive Domestic Abuse Program (IDAP) 46 Intermediate Sanction Program 10.1 Program Definition 46 10.2 Target Population 47 10.3 Eligibility Criteria 47 10.4 Program Duration 48 10.5 Referral, Screening, and Eligibility Determination 48 10.6 Program Components 49 10.6A. Victim Protection 49 10.6B. Batterer Intervention Program 49
4 10.6C. Cognitive Self Change Domestic Violence Program 50 10.6C1 Program Description 50 10.6C2 Program Objectives 51 10.6C3 Group Composition and Capacity 52 10.6C4 Referral and Program Entry 52 10.6C5 Attendance Policy 52 10.6C6 Program Completion Criteria 53 10.6C7 Dismissal Criteria 53 10.6C8 Confidentiality Guidelines 54 10.6C9 Substance Use Policy 55 10.6C10 Adjunctive Treatment 55 10.6C11 Fees 56 10.6C12 Program Contract 57 10.6C13 Documentation Requirements 57 10.6C14 Program Information to Victims 57 10.6D. Case Management Services 58 10.6E. Supervision Services 58 10.6F. Residential and Victim Contact Requirements 59 10.6G. Adjunctive Program Services 60
11.0 Collaboration Guidelines for Batterer Intervention 61 Programs and the Intensive Domestic Abuse Program 11.1 Partners of Program Participants 61 11.2 Network Programs 62 11.3 Criminal Justice System 64 11.4 County Domestic Violence Task Forces 66 11.5 Coalition of Batterer Intervention Programs 67
12.0 Role of Department of Corrections 68 12.1 Definition of Legal Statuses 68 12.2 Influencing the Sentencing Decision 69 12.3 Victim Protection - Contact Guidelines and Collaboration Requirements 69 12.4 DOC Perspective on Batterer Characteristics 71 12.5 Intake and Case Assignment 72 12.6 Assessment and Case Plan Development 73 12.7 Offender Accountability 74 12.71 Probation 74 12.72 Intermediate Sanction (IDAP) 75 12.8 Discharge criteria 75 12.9 Documentation 76
5 12.10 Program Marketing and Evaluation 77 12.11 Position Roles and Program Team 77 12.12 Special Conditions 79
Appendix A Identifying an Abuser's Risk Factors 81
Appendix B Common Crimes Committed in the Context of 82 Domestic Violence
1.0 INTRODUCTION
Domestic violence is a widespread problem that has dire consequences for families and for the communities in which families live. "Domestic violence" is the term used in the Vermont Statewide Standards for Domestic Abuse Intervention to describe an extensive range of tactics used by men to control the lives of the women with whom they are/were partnered. These tactics include patterns of physical, sexual, and psychological abuse and result in an atmosphere of fear and/or terror for the victim.
Domestic violence may result in death, permanent or other significant physical injury. Domestic violence almost always causes serious psychological damage to the victims. Importantly, not only are the primary victims affected, but so are the children who witness this abuse or who themselves are abused as part of a batterer's controlling and abusive tactics.
Domestic violence is rooted in a patriarchal society with sexism, the imbalance of power between men and women, as its foundation. Given the lethal nature of domestic violence as well as its impact on all within its range, each community should have a vested interest in eliminating and preventing domestic violence. To do so, it is helpful to recognize that it is a political, social and cultural problem.
6 As such, it requires political, social and cultural solutions. Communities committed to ending domestic violence in a safe and ethical way should prioritize their efforts to assure:
1. Shelter, advocacy and support services for battered women and children. 2. Improvement and coordination of the criminal justice response to domestic violence at all levels of the criminal justice system. The criminal justice response should include a strong pro-arrest response by law enforcement, rigorous prosecution, appropriate adjudication, close monitoring by probation, and sentences which reflect the seriousness of the crime. 3. Professional training of health, social services providers and legal services providers. 4. Widespread community education.
When the aforementioned efforts are organized and monitored in a community, it then becomes appropriate to provide:
5. Domestic abuse intervention programs for batterers.
It is our belief that all of the aforementioned efforts must be in constant pursuit of better coordination with each other in order to be a catalyst for social change. Intervention programs for batterers provide the courts with a service appropriate for all men who abuse, whether or not they are going to receive more serious consequences. At the time of the writing of these Standards (5/96), possible sentences for committing crimes relating to domestic violence in Vermont include the following: probation or split sentences with mandatory batterer intervention programming, intermediate sanction with all the conditions of the Intensive Domestic Abuse Program (summer 1996); incarceration with long term violent offender programming; and incarceration until near maximum sentence for offenders who do not complete required programs.
Domestic abuse intervention programs for batterers will provide individual participants with the information they need in order to stop their abusive behavior. In doing so, approaches used in batterer programs must hold offenders solely responsible for their acts and must prioritize victim safety in every aspect of the program.
It is important to emphasize that modalities traditionally used in the mental health field, which are excellent for dealing with a wide range of problems, are not appropriate for batterer programs. These modalities include stress management, anger control, psychotherapy, couples counseling, communication skills building, mediation and conflict resolution. In his article "Treatment Models of Men Who Batter: A Profeminist Analysis" (1988), David Adams articulates how these clinical approaches fail to adequately address the domestic violence by focusing on individual psychological issues that, although important, are not the cause of the domestic violence. This article will be referred to later in Statewide Standards for Domestic Abuse Intervention.
The aforementioned interventions are not designed to stop the violence while prioritizing safety for women and children. In light of the fact that a batterer's participation in any program or services often
7 gives his partner and children a false sense of security and/or hope that he will stop being abusive, the use of any of these approaches to stop a batterer's violence and abuse may be more dangerous for their partners and children than no intervention at all.
Domestic abuse intervention programs designed to stop a man's domestic violence must be based on a complete understanding of the most effective strategies for this specific problem and must not be confused with the idea that a batterer may well need or want other services, also. "The vast majority of men who batter are not psychologically disturbed in the conventional sense. . . Their abuse is related to cultural, social, and political practices." (Gondolf, 1985). Programs designed to stop battering begin with and continually focus on that thesis.
The modality of group education is generally recognized by experts and domestic violence service providers as the most effective batterer intervention program format. All interventions designed to stop a man's domestic violence should be implemented by those well-educated and skilled in this format and in appropriate program methodologies. Providers of intervention for batterers should meet the highest standards. Their training requires in-depth understanding of domestic violence, battered women, and batterer intervention. A provider of batterer intervention requires different information than does one who provides psychotherapy, or the treatment of behavioral or interpersonal problems.
In conclusion, all programs for batterer intervention must operate as integral components of a broad societal response. Programs for batterers which operate in isolation from the wider community, inherently do not prioritize perpetrator accountability and victim safety, and may send confusing messages to victims, offenders and the public. Such programs have the potential for causing a great deal of harm.
Vermont can be a leader in addressing the problem of domestic violence as the social problem of devastating consequence that it is. We must adopt an approach to encourage intervention programs for batterers across the state to operate as part of a much larger community response, and to provide interventions that are accountable to battered women, aimed at addressing batterer accountability for violence, and that best promote the safety of women and children.
8
2.0 BACKGROUND
In 1994 the Vermont Department of Corrections (DOC) began a process aimed at enhancing and increasing the Vermont criminal justice system options for responding to domestic violence. During the first year of this process presentations were made and ideas were solicited from the Vermont Council on Family Violence, programs of the Vermont Network Against Domestic Violence and Sexual Assault, judges, State's Attorneys, defense attorneys, batterer program providers, DOC staff, and others. A plan was put together that spelled out specific tasks that needed to be accomplished to implement those plans and a collaborative task force was assembled to do that work beginning in November 1995. The "Statewide Standards for Domestic Abuse Intervention," was a direct result. These Standards, which have implications for program development and consistency, are slated for implementation in August 1996.
The Department of Corrections' context for this work has been a driving factor in terms of identifying the need. Fifteen years ago only the most heinous of domestic violence cases came into the purview of the Department of Corrections and these were usually aggravated assault cases where an offender was sentenced to incarceration. The DOC placed these offenders into available programs without any specific design aimed at intervening with domestic violence. Psychotherapeutic resources were brought to bear where they could be, but more often than not, these resources were unaffordable, unavailable, or inappropriate.
Substantial change has occurred over the past 10 years. Battered women advocates have instigated changes in the law and enforcement of the law which have led to a steadily increasing number of men convicted of domestic abuse crimes. As probation caseloads increased, Corrections again tried the mental health (i.e., fix the disease) approach but still found it inaccessible, unaffordable, and most importantly, ineffective. In the latter half of the 80's the Department of Corrections and a few forward- looking individuals introduced the domestic violence education programs developed in Duluth, Minnesota (Pence) and Quincy, Massachusetts (Emerge / Adams). These programs, their ever evolving development, and a few other influences have shaped the domestic violence response to batterers from then until now.
Independent of efforts by the Department of Corrections in the early 1980's some communities across the state did create batterer intervention programs, but most of these were short lived. Appropriately, the majority of communities focused their efforts on the creation of shelters and outreach services for victims. However, batterer programs did develop in Barre, Burlington, White River Jct., St. Johnsbury and other communities. In other areas it was the shelter and outreach
9 programs that eventually spurred formation of some programs. In Springfield the Men's Education Project was the joint effort of New Beginnings and the DOC.
In 1988 there was some effort made by DELTA and DAEP, batterer intervention programs in Barre and Burlington, to form a statewide association of batterer programs. The effort, known as the Vermont Association of Domestic Violence Workers, lasted briefly, but faded by late 1989. In 1993 the same programs, with assistance of the University of Vermont Department of Social Work and the Vermont Network Against Domestic Violence and Sexual Assault, again began to form a similar association. These meetings, combined with the concurrent interest of the Department of Corrections, led to the formation of a collaborative committee to examine how both DOC and batterer programs could benefit by working conjointly.
Today 30% to 40% of the Department of Corrections' high risk caseload consists of domestic violence cases. There are approximately 30 batterer education classes being offered in at least a dozen Vermont communities with over 300 men enrolled in these programs at any given time. Over 90% of these men are convicted of domestic abuse crimes and are court ordered to participate in these programs as a condition of probation.
For the most part, these programs have grown up independently of each other and there is no state- wide organization. Because the Department of Corrections is the primary referral source, it has an interest in uniform quality, consistency, and fairness. There is a need for similar standards regarding offender accountability and victim safety as well as the need for consistency in the message and information being promulgated. The Department of Corrections is attempting to fill this void by gathering a task force to develop standards for these programs. For now, the DOC can lead in developing an ability to compare, evaluate, and consequently distribute information prompting continuous improvement in the effectiveness of these interventions.
In addition to developing standards for the education programs the Department sought collaboration in considering the viability and then, in the development, of an intermediate sanction program. An intermediate sanction program is a community based corrections status more demanding and more restrictive than probation, but still short of incarceration. This status is actually a "pre-approved" furlough, which means that an offender is out of jail and may reside in the community only as long as he abides by the strict conditions of this sentence. He can be incarcerated immediately, within the guidelines of Corrections' due process, if he is non-compliant. The Department found widespread agreement that this would be an excellent additional option between probation and jail for domestic violence cases. In this program, the Intensive Domestic Abuse Program (IDAP), offenders will be involved in treatment intervention at least 3 times per week, and depending on need, they can be involved in many additional program resources. IDAP offenders will be supervised intensively including frequent contact with Correctional staff and control over where they live and where they go, on a daily basis.
The Department is engaged in a research project that will gather assessment information on domestic violence perpetrators. The goal is to validate specific indicators that can be predictive about the degree of future risk posed by an offender. If that can be accomplished, program placement and levels of supervision can be rationally assigned commensurate with the degree of risk, including
10 identifying offenders whose risk cannot be managed safely in the community. This would be extremely valuable to the sentencing recommendation process as well as to determining the degree of DOC resources warranted.
Historically the Department of Corrections has focused on the offender. Some of the best Department of Corrections practitioners have done an excellent job with the intervention and/or the supervision response to domestic violence. However, these standards elevate a coordinated community response in concert with other domestic violence service providers (i.e., victim advocacy organizations, etc.) to equal footing with intervention and supervision and they move victim protection to the top of the list. Victim safety should be and shall be paramount.
3.0 DEFINITIONS AND BASIC CONCEPTS
Include definitions from Council on Family Violence Subcommittee: Family Violence Domestic Violence Violence Against Women Dating/Relationship Violence (see hh member def. in APO law) Child Witnessing Child Abuse
11 Domestic Assault (legal definition from Jeri’s handouts) include any other legal definitions here?--all others from Jeri’s handouts include references and “this applies to... who)
Domestic Violence
Domestic Violence is the generic concept that includes the entire spectrum of coercive control, domestic abuse and battering, exercised by one intimate partner over another.
Other terms used include intimate partner violence, domestic abuse Domestic Abuse
Domestic Abuse is a social problem. It is a pattern of socially learned, societally and culturally condoned behaviors which involves physical, sexual, economic, emotional and/or psychological abuse. It is used to control the life of and maintain power over another. It is an attempt to control the behavior and/or emotional/intellectual life of another and to diminish or prevent their free choice. These coercive behaviors are an abuse of the power and privilege that a patriarchal society confers on men. These behaviors serve to maintain that fixed imbalance of power between the parties. It affects people in all social, economic, racial, religious, and ethnic groups, whether they are married, divorced, living together, dating, or in a gay or lesbian relationship. Women are by far the most common victims. It is a myth that perpetrators of domestic abuse resort to violence when they lose control. In fact, abuse is deliberate. Perpetrators select the targets of their abuse and they often choose the circumstances of their abuse. There is no behavior on the part of the victim which causes or excuses the abuse. The perpetrator bears sole responsibility for his actions. Domestic abuse encompasses all of the following;
*Physical abuse includes a wide range of behaviors from restraint through slapping and hitting, coercing drug consumption or withholding medication, to aggravated assault and homicide;
*Sexual abuse is defined as anything from sexual activity pressed after a physically abusive incident to threats of infidelity, coerced sex acts, forcible intercourse, denial of contraception, coerced abortion, to sexual mutilation;
*Verbal and emotional abuse includes coercion and threats, verbal disparagement, intimidation, degrading or contemptuous behavior, withholding communication and yelling;
*Economic abuse occurs through direct or indirect manipulation or domination of family finances; the abdication of financial responsibility; sabotaging employment, housing or educational opportunities; or disposition of the personal property of family members without consent;
*Social isolation such as possessiveness or jealousy which result in the denial of communication or association with family and friends;
12 *Destruction of property includes vandalism of the home, car or other personal assets and may include arson;
*Threats or acts of abuse against children, significant others or family pets which encompass any of the above.
*Stalking, harassing and on-going monitoring of the victim.
*Denial, blame and making light of the abuse.
Battering
Battering is patterned abuse in the presence of terrorizing tactics. It is the systematic terrorization and/or domination of one person by another. Battering is abuse that has at least once been physical, sexual or involved the destruction of property and is either repeated or threatened to be repeated in such a way as to engender fear in the mind of the victim. Prior instances of physical, sexual or property abuse and threats of repetition create an atmosphere of extreme terror and of coerced accommodation of the perpetrator. Battering is the extreme on a continuum of abuse. It is abuse that is systemized by an ongoing threat or actual promise of continuance. The batterer keeps his victim in state of constant fear with implied or actual threats of further violence or degradation. While terrorization is purposeful, it can, in fact, not be fully conscious on the part of the batterer. The batterer's intentionality in not a measurement of battering. Battering is measured by the acts and patterns of abuse inflicted by the perpetrator and by the repercussions observed and reported by the victim.
Entitlement
Entitlement is a person's socialized expectation of certain privileges, regard or treatment from others. A person may feel entitled to behave in certain ways or to have certain powers, rights, exemptions or advantages. Within the context of domestic violence, entitlement refers to male, gender-biased expectations learned in the patriarchally-dominated cultural context; to have male privileges. Such privileges may include among others, deferential treatment from women, the right to be taken care of by a woman, and the right to control certain decisions in the family. Entitlement may also extend to the prerogative to use coercive or violent behavior to reinforce privilege or punish non-compliance.
Misogyny
Misogyny means woman hating. The profeminist movement believes that misogyny embodies prejudice against females. Profeminists believe that while this prejudice may be expressed as intense, volatile hatred of women, it is often more subtle in its expression. The profeminist movement believes that misogyny defines women and girls as inferior beings who therefore may be subordinated in order to maintain, what many believe to be, the "natural order" of male supremacy and dominance. The
13 profeminist movement believes that misogyny generates permission to control and dominate women and to use whatever means are necessary to do so.
Pro-Feminist
A cultural perspective that embraces a feminist analysis of battering: "Wife-beating is controlling behavior that serves to create and maintain an imbalance of power between the battering man and the battered woman." (Adams,1988) In this analysis, power and control are seen as the fundamental issues to be addressed by intervention strategies and batterer intervention services.
Abusers / Batterers
Those who use abuse, violence, coercion and battering tactics with their intimate partners as a means of controlling their partners' lives.
Victim
Victim refers to the person against whom the perpetrator directs his abuse or battering. This may include partners, children and other family or household members, and secondary victims such as extended family members and friends. The perpetrator is not referred to as a victim of domestic violence even when those he abuses react to him by using violence or abusive acts to defend themselves, to stop his abuse or in coping with their day to day lives.
Intervention
Intervention refers to the broad array of activities undertaken to stop the violence of men who batter and abuse, to persuade them to desist from coercive, fear-inducing, misogynist conduct, and to encourage them to develop skills and strategies for achieving violence free lives. Intervention can include the full spectrum of criminal justice and legal sanctions, employee assistance programs, neighborhood safety strategies, batterer intervention services, and community education endeavors seeking to interrupt domestic violence and prevent its recurrence.
Domestic Abuse Intervention Programs
Batterer Intervention Programs (BIP) and the DOC's risk management response to probationers. Intensive Domestic Abuse Program (IDAP) which includes BIP and Cognitive Self Change Domestic Violence Program (CSCDVP) as part of the DOC's risk management response to the intermediate sanction sentence.
14 Network Programs
Advocacy organizations for victims of domestic abuse and battering located throughout the State of Vermont. These organizations offer some/all of the following programs for victims and survivors: hotline services, advocacy, shelter, children's services, support groups and community outreach. They are all associated through the Vermont Network Against Domestic Violence and Sexual Assault.
Coordinated Community Response
Refers to an approach to intervention and prevention of domestic abuse that prioritizes a community based commitment to interagency collaboration in order to promote safety of victims as well as accountability of offenders. A successful coordinated community response calls for the inclusion of many community "stakeholders," such as victims and victim's advocates, batterer intervention program staff members, law enforcement, court personnel, defense attorneys, judges, leaders from religious organizations, leaders from the business community, mental health agency staff, substance abuse treatment providers, corrections personnel, members of youth-focused organizations, just to mention a few.
There is an underlying principle that guides the coordinated community response which says that "the whole is greater than the sum of its parts." The functional coordinated community response influences the criminal justice system prior to, during, and after conviction by promoting consistency in domestic violence response. The functional coordinated community response can have an overall effect on the community because it challenges some the basic underpinnings of domestic violence, such as silence and complacency.
Gondolf, E. (1985). Men Who Batter: An Integrated Approach to Stopping Wife Abuse. Holmes Beach, FL: Learning Publications.
Acronyms
BIP Batterer Intervention Program Program response for probation and intermediate sanction and available in some correctional facilities
CCSC Community Correctional Services Center Corrections unit for high risk (all domestic violence) probation cases, intermediate sanctions, and furloughs
CO Correctional Officer
CRSU Court and Reparative Services Unit
15 Corrections unit for system intake, pre-sentence investigations, intermediate sanction referrals, court influence, and monitoring of low risk cases
CSCDVP Cognitive Self Change Domestic Violence Program Program response for intermediate sanction, in addition to BIP
CSCVOP Cognitive Self Change Violent Offender Program
CSS Correctional Services Specialist Department of Corrections caseworkers and probation officers
DOC Department of Corrections
IDAP Intensive Domestic Abuse Program Intermediate sanction program for domestic violence Program components include BIP
4.0 STATEMENT OF PHILOSOPHY
Intervention with men who batter is founded in the recognition that men batter to achieve and maintain power over their partners. Battering is purposeful behavior that may be the most effective method to gain power and control over intimate partners. This culture has sanctioned men's use of violence to maintain dominance in relationships with their partners. Men's violence within the context of the family has been tolerated and protected as appropriate male prerogative. Societal tolerance is based on sexism and misogyny, fundamental beliefs that rationalize the subordination of women.
16 Intervention programs for men who batter maintain that perpetrators of woman abuse are solely responsible for their actions. We reject notions of provocation or loss of control, and assert that batterers carefully select the targets of their abuse, their partners, and choose the circumstances of their violence, including the amount of injury inflicted by their assaults, the location of those injuries, the use of weapons, the presence or absence of witnesses, and the quantum of terror accompanying the assaults.
Because men who batter choose violence, they can also choose to stop violence and eliminate coercive and controlling tactics in their relationships with intimates. Batterer intervention programs are charged with educating men to consider the options for ceasing abusive behavior and embracing belief systems respectful of women; recognizing that the decision to forsake violence rests exclusively with the batterer.
Batterer intervention programs for men are committed to the safety of battered women and children, and therefore, structure each component of their work so as not to jeopardize the partners and children of those participating in their programs.
Batterer intervention programs are one piece of the larger community response to domestic violence. To properly address domestic violence in our communities there needs to be a coordinated effort by the criminal justice system, batterer intervention programs, Network battered women's programs, family courts, schools, religious organizations, media, drug and alcohol service providers, private and public mental health agencies, and more.
5.0 PRINCIPLES OF PRACTICE
These following fundamental guiding principles must be taken into consideration when working in the field of domestic abuse.
1. Domestic violence cuts across all lines of race, ethnicity, education, social class, sexual orientation, age, religion, geography, and physical or mental ability.
2. Domestic violence is rooted in the institutionalized imbalance of power between men and women based on gender, in sex-role stereotyping, in gender-based values and in misogyny. The
17 batterer's use of violence is reflective of a belief system which is based on the widespread and sexist assumption that men are entitled to impose their will on their partners.
3. Men batter because they can, because they are "allowed" by the society in which they live, because they believe themselves "entitled" to the use of abuse with intimate partners. The widespread epidemic of domestic violence does not result from individual personal or moral deficits, diseases, diminished intellect, addiction, mental illness or other external persons or events.
4. Violence is a learned and chosen behavior and therefore it can be changed. New ways of participating in intimate relationships can be implemented.
5. Domestic violence is illegal. Other forms of abuse are morally wrong. Family and criminal courts have sanctions available to stop domestic violence. Men need to be held accountable for their choices. Women and children must be protected. Intervention programs for men who batter are NOT to be used as a substitute or a way to circumvent arrest, incarceration, or other legal sanctions; nor should they be used as a mitigated legal consequence.
6. Our desired outcome is to keep women and children safer and lessen the rates of domestic violence, but not in a vacuum. When batterer intervention programs are evaluated, the whole system's response and efforts to hold abusive men accountable, must also be evaluated.
7. Batterer intervention programs must take into consideration that a batterer's abusive behavior will likely increase in frequency and severity when he thinks that his partner may be leaving or when she is leaving or when she has actually left the relationship. These times may actually be the most dangerous time for the battered woman.
8. The safety and rights of the victim/survivor must be respected at all times. Their right to live free of violence supersedes other considerations. Their feelings, as well as the potential for further harm to victims, should always be of utmost consideration when making policy/program decisions. In this light, batterers programs should not contact battered partners in the pursuit of information on participants' behavior. This action could subtly pressure a victim into reporting on her partner's behavior and give her the message that she has to participate in some way in order for him to stop his abuse. Though partner contact is an essential piece of batterer intervention, it is important to realize that it may endanger the battered partner's safety and autonomy. Therefore, the interests of the battered woman in safety and autonomy supersede the interests of the batterer and the intervention program.
9. Intervention with men who batter may give the partner a false sense of security and may serve as a substantial disincentive to separation and other safety planning. Therefore, when conducting partner contact it is necessary to make available to battered women information on batterer
18 intervention programs and on realistic expectations about what they can accomplish. Hence, intervention must be undertaken with particular care to safeguard battered partners.
10. An intervention program for batterers should not be initiated in a community unless there is a program for battered women that provides safe housing, advocacy and options counseling, and these services are available to the battered partners of participants in the intervention program.
11. Programs shall consult and cooperate with Network battered women's programs and other interrelated agencies such as law enforcement, the judicial system, and probation to create a coordinated community response to batterers. Importantly, intervention programs are only one element of a larger process that ideally will be initiated once a domestic violence case is reported. Continued communication and cooperation is essential due to the potential lethality of domestic abuse and the need to improve the system's response.
12. Because information, advocacy and support for battered women through domestic violence programs is a valuable service, batterer intervention programs should make timely, informed referrals for battered women. The staff of batterer intervention programs, therefore, need to be knowledgeable about options, resources and services for women and children. (see Partner Contact section)
13. Partners are entitled to access information from programs for men who batter on program philosophy and curriculum content, as well as on the attendance, termination, and participation level of batterers involved in the program.
14. In intervention with men who batter, intervention programs have a special duty to warn partners of both overt or covert threats.
**Specific services should be developed for gay and lesbian batterers, low-functioning, and non- English speaking batterers.
19 6.0 ETHICAL STANDARDS
6.1 Program Ethics for Batterer Intervention Programs and IDAP
Intervention programs and the paid and volunteer staff of these agencies must meet the standards created by the Vermont Statewide Standards for Domestic Violence Intervention. Batterer intervention programs shall establish and maintain accountability to the battered women's movement through cooperative working relationships with local Network violence programs, battered women, county Domestic Violence Task Forces, the Vermont Network Against Domestic Violence and Sexual Assault, and the Coalition for Service Providers.
Intervention programs shall acknowledge in all of their services and professional endeavors that the safety of women and children is the foremost goal of intervention with batterers, superseding any other consideration.
Intervention programs shall not provide services to batterers if advocacy, safe housing and support services are not available for battered partners in the local community.
Programs will develop policies and procedures to address staff who commit acts of abuse in their personal relationships.
20 6.2 Staff Ethics
Staff behavior shall be consistent, at all times, with the goals and principles of these standards:
1. Be violence free in their own lives. 2. Communicate and act in ways that demonstrate an attitude free of victim blaming, sexism, or misogyny. 3. Immediately warn partners of any violence or danger that the provider believes may be inflicted by the batterer on the partner, children or any other member of the family. Immediately warn law enforcement and corrections if participant is a corrections client. 4. Maintain open communication with personnel in Network programs whose philosophies and services are based on pro- feminist models, other human services agencies, and the criminal justice system. 5. Be open to self-examination and receptive to feedback on issues of power and control, sexism, and collusion in their own lives.
6.3 Research Ethics
In undertaking research, providers and researchers accept responsibility for the selection of research topics and methods used in investigating, analyzing, and reporting that will enhance the safety and integrity of battered women and advance the elimination of domestic abuse.
Research personnel shall: 1. Work in collaboration with Network programs and advocates. 2. Be extraordinarily careful to protect the identity and confidentiality of battered women who are subjects or partners of subjects on any research. 3. Plan research in ways to minimize the possibility that findings will be misleading. 4. Provide thorough discussion of the limitations of data, especially where the product touches on social policy or might be construed to the detriment of battered women, abused children, or persons in specific age, sex, race, ethnic, sexual orientation, disability, socioeconomic, or other disenfranchised social groups.
In publishing reports, researchers and batterer intervention service providers must: 1. Acknowledge the existence of alternative hypotheses and explanations of their findings, and not suppress disconfirming data. 2. Take credit only for work actually done. 3. Broadly disseminate findings that will help battered women make effective safety plans and obtain adequate legal protection and social support. 4. In evaluating intervention services, programs should prefer and seek to have independent research rather than self- evaluation. (Modeled in part on the APA Ethical Principles of Psychologists, 1989)*
21 Researchers in the field of domestic violence shall make every effort to incorporate the perspective of battered women into their entire research process in a way that does not compromise their safety and/or pressures them to participate unwillingly.
6.4 Ethical Violations
Violations of these ethical standards should be reported to the local Network program, the Vermont Coalition of Service Providers, the Network Against Domestic Violence and Sexual Assault, county Domestic Violence Task Forces, and the Department of Corrections.
7.0 INTERVENTION MODALITIES
There are a variety of theoretical approaches for work with men who batter. This section briefly outlines: A. Appropriate modalities for working with batterers in compliance with Vermont Standards; B. An overview of several modalities and their theoretical underpinnings; and C. Inappropriate methods of practice or technique.
Profeminist Model - A Basis For Appropriate Treatment Modalities
Profeminism articulates principles viewed as essential to be integrated in a domestic abuse intervention program. It holds that battering is controlling behavior that serves to create and maintain an imbalance of power between the battering man and the battered woman. This is the feminist insight that informs the profeminist approach to batterers. Because power and control are seen as fundamental issues, therapeutic interventions directly challenge the abusive man's attempts to control his partner through the use of physical force, verbal and non-verbal intimidation and psychological abuse. Compared to other models, the profeminist model defines violence more broadly as any act that causes the victim to do something she does not want to do, prevents her from doing something she wants to do, or causes her to be afraid. Though profeminist principles recognize the need to provide basic education to batterers about caretaking and communication skills, they hold that it is essential to challenge the sexist expectations and controlling behaviors that often inhibit men's motivation to learn and apply such skills consistently in a non-controlling manner. While the focus of early intervention is on the identification and elimination of violent and controlling behaviors, later interventions focus more on the divestiture of sexist expectations and attitudes.
22 7.1 Appropriate Modalities
Those seeking to comply with Vermont Statewide Standards for Domestic Abuse Intervention employ Cognitive - Behavioral and Psychoeducational intervention modalities. The Profeminist model provides the principles and context in which these interventions are employed. These models are briefly described below. The other theoretical models, we believe are fundamentally flawed and should not be employed in intervention work with batterers in Vermont.
** We recognize that many men referred to batterer intervention may be in need of substance abuse or mental health treatment. Batterer intervention programs do not provide either. If, at the time of intake or at any time during a member's participation in the program, the staff of the intervention program should become aware of a possible substance abuse or mental health problem, they shall refer him back to the Department of Corrections for a formal assessment to determine appropriate treatment or response, and whether this should be addressed prior to, simultaneously with, or subsequent to batterer intervention programming, or whether the addiction or mental health problem is such as to render batterer intervention services inappropriate for the candidate. (See Chapters 9.15 and 10.6C10 on Adjunctive Treatment).
7.2 An Overview of Modalities for Working with Men Who Batter: (Adams, 1988, "Treatment Models of Men Who Batter: A Profeminist Analysis". K. Yllo and M. Bograd, (Eds.), "Feminist Perspectives on Wife Abuse." Newbury Park, CA:Sage Publications.)
Insight Model: The insight model is the traditional approach to understanding violence. Though there are many variations within this framework, the broad theme is that certain intrapsychic problems give rise to violent behavior. The list of intrapsychic problems is long; poor impulse control, low frustration tolerance, fear of intimacy, fear of abandonment, dependency, underlying depression, and impaired ego functioning resulting from developmental trauma. Implicit in this approach is the notion that men who batter have a very fragile sense of self that must be therapeutically bolstered before they can be expected to give up violent and other overcompensating behaviors. This conception of abusive men derives in large part from sex role identity theory which holds that exaggerated, hypermasculine behaviors are rooted in men's unconscious anxiety about the psychologically feminine parts of their personalities.
Ventilation Model: During the 1960's, the suppression of anger was discovered by popular psychologists as a common cause of such disparate problems as depression, peptic ulcers, heart disease, sexual impotence, and violence. As antidotes to the outmoded conventions and stifling civility of earlier eras, new approaches . . . sprang up with promises of teaching a more honest, gut level form of communication. . . Openly expressing anger and resentment was thought to ensure against storing up hostile aggression until its potentially explosive discharge, or against its conversion to other symptoms such as physical complaints, depression, and passive-aggressive behavior.
23 Interaction Model: In the interaction model, treating both the abuser and the abused is considered essential for improving marital communication, resolving conflict, and ending violence. Consequently, couples are either seen together in conjoint therapy or are included in specialized groups with other couples. According to the interactionist perspective, battering is not characterized as one partner attempting to control or dominate the other but by the couple's combined communicational deficits and the attempts of both partners to coerce and otherwise incite the other. Cognitive-Behavioral and Psychoeducational Models: Since violence is learned behavior, non- violence can similarly be learned, according to the cognitive-behavioral model. This belief derives from social learning theory that sees problem behaviors such as violence as socially learned and self- reinforcing. The psychoeducational therapist points out the damaging and ultimately self-defeating consequences of violence and teaches alternative behaviors. Since battering behavior is also seen as reflecting certain social skill deficits, interpersonal skills training is provided as an important element in helping men abstain from violence.
In contrast to the three previous models, the cognitive-behavioral approach to battering makes violence the primary focus of the intervention. Moreover, because violence is understood as a dominating influence on relationship interaction, abusive men are seen separately in specialized groups.
7.3 Inappropriate Methods of Practice or Technique
Theories, methods of practice, or techniques which in any way bring the victim into the circle of responsibility for the batterer's responsibility for the violence are inappropriate and do not comply with Vermont Statewide Standards for Domestic Abuse Intervention. While some of the following methods may, from time to time, be incorporated into the intervention model that focuses on power and control in relationships, they are inadequate and inappropriate for batterer intervention if they stand alone as the focus of intervention.
A. Psychodynamic individual or group therapy which center causality of the violence in the past. B. Communication enhancement or anger management techniques which lay primary causality on anger. C. Systems theory approaches which treat the violence as a mutually circular process, blaming the victim. D. Addiction counseling models which identify the violence as an addiction and the victim and children as enabling or co- dependent in the violent drama. E. Family therapy or counseling which places the responsibility for adult behavior on the children. F. Gradual containment and de-escalation of violence. G. Theories or techniques which identify poor impulse control as the primary cause of violence. H. Methods which identify psychopathology on either parties' part as a primary cause of violence. I. Fair fighting techniques, getting in touch with emotions, or alternatives to violence.
24 J. Couples counseling in any form, including couples conjoint counseling or marriage enhancement groups.
Couples counseling is inappropriate initially and may be used after the violence and coercion have ceased for a minimum of nine months and when the victim is not fearful of the perpetrator. Couples counseling should not be considered a component of batterer intervention. Victims should not be compelled to participate in couples counseling.
25 8.0 PROVIDER EXPECTATIONS
"Provider" is defined to include those who deliver weekly batterer intervention programs(BIP), those who deliver other aspects of the Department of Corrections Intensive Domestic Abuse Program (IDAP), and those who deliver incarcerative programs specializing in domestic violence.
8.1 County Domestic Violence Task Force Membership
Twelve of Vermont's 14 counties have multidisciplinary domestic violence task forces in recognition that domestic violence is a problem that must necessarily be dealt with on many fronts. These task forces consist minimally of representatives of the various agencies that have a common goal and a vested interest in dealing with domestic violence, (e.g., family court, criminal court, States Attorney, law enforcement, Network Programs that work with victims, Corrections and others). Providers of programs that work with perpetrators of domestic violence must become active members of the task forces. The meeting schedules of these groups vary in frequency from monthly to quarterly. The expectation is that each provider entity must assign at least one representative to attend task force meetings. Further, it is expected that the task force provides an important venue for sharing information, receiving feedback, and problem solving from a systems perspective. Finally it is desired, if the task force is so motivated, that the provider's local program is actually endorsed by this group, utilizing the standards herein for measurement. Interviewing and selection of a new provider would ideally be accomplished by a panel of this group including representatives of the Network Program, the Department of Corrections, another already proven provider and a task force member(s) at large.
8.2 Provider's Coalition
It is expected that providers will organize themselves into regional Coalitions that will meet at least quarterly for purposes including information and idea sharing, standards review and further development, networking, training, and the beginning of a peer supervision process. As a minimum peer supervision process, Coalition members should provide mutual program endorsement and hold each other accountable to adhere to the standards set forth in this document. Each provider entity must have at least one representative that attends these meetings and passes information from and to the other program facilitators. It is suggested that these coalitions be organized within the boundaries of Department of Corrections Areas, i.e., Northeast, Northwest, Southwest, and Southeast. In the absence of provider led coalitions, the DOC will organize these coalitions to serve its needs with regard to the above described purposes.
26 8.3 Program Teams
"Program team" is defined as a local process for individual case planning and decision making. Providers are expected to participate in this local process. Collaboration at this level is arguably the most important aspect of working together. Program team discussions or decisions include program referral, adjunctive treatment needs, information provided to victims or potential victims, program start, program completion, program failure or sanction, perpetrator risk, etc. Many of these discussions or decisions require collaboration among program providers, corrections staff, "other" program providers, and victim Network programs. Much of this process will happen as needed, and/or immediately via phone, in person, etc. Special attention must be paid to assuring that necessary releases of information are signed. In some parts of the state, teams of the major players mentioned above are beginning to meet on a regular basis, (e.g., monthly) to facilitate the non-emergency sharing of information and planning that is required. This is encouraged where feasible.
8.4 Protocol with Network Victim Organizations
VICTIM SAFETY IS ALWAYS THE PARAMOUNT CONCERN. All providers must be thoroughly knowledgeable about resources for victim services available in their area. Each provider or provider group is expected to develop a protocol with the Network Program for victims in its service delivery area and maintain an active relationship within the context of that protocol. The protocol should include mutual referral procedures, as each organization is a potential referral resource for the other. The protocol must contain guidelines for information sharing and maintaining confidentiality. The protocol should establish acceptable parameters for victim contact generally, as well as provide for case specific exceptions. Any other cooperative efforts or boundary distinctions should be spelled out in the protocol.
8.5 Training and Experience Standards
There is not a statewide certification standard nor any specific monitoring agency established as of the time of this writing. When a certification process is created it should hold fast to the value of local approval. This document calls for local endorsement from County Domestic Violence Task Forces and Provider Coalitions. It also states that the Department of Corrections, the source of most referrals, will not refer offenders to programs that do not have these endorsements and/or do not adhere to the standards set forth in this document. The most common trainings attended by current Vermont providers are the Duluth Program with Ellen Pence and/or Michael Paymar and the Emerge Program in Quincy with David Adams. These trainings are widely accepted as good basic training for work in these programs. Each provider should be required to attend at least forty (40) hours of relevant training inclusive of one or the other of these training programs. Short of having attended one of these programs, one would have to convince the County Task Force, the Provider Coalition AND the DOC that an alternative training was equally valid
27 and appropriate. In consideration of the fact that there are now many BIP programs in Vermont with this strong underpinning already in place, an experience quotient is expected of any provider in a "lead facilitator" role. Lead facilitators should have a recognized and documentable training base AND be able to document at least one year (i.e., 52 groups) of experience cofacilitating under the supervision of a previously qualified lead facilitator. To be qualified as a lead facilitator a group leader should have attended and observed at least two groups other than his/her own. Each Program should have at least one person in a supervisory capacity who has at least three years of experience working with domestic violence and at least three years experience at group facilitation. (*If Programs are otherwise approved this standard can be waived until staff are able to meet this qualification). Group facilitators of the Cognitive Self Change Domestic Violence Program will be required to meet the training and experience standards already established for CSC Programs. The training curriculum will be modified for the domestic violence application. IDAP providers who are delivering BIP and CSCDVP will necessarily have to meet both standards. Many other trainings are of high quality and relevance including the Quincy Project, domestic violence with substance abuse intervention (Zubretsky), and other Vermont domestic violence trainings. In the interest of maintaining and documenting continuing education it is recommended that all providers keep a training record with their resume. Each provider should enroll in at least 16 hours of additional training per year to stay up to date in the field. It is planned that the Provider Coalitions in each area and/or as a state-wide entity will make it among their most important missions to identify training needs and work at ways to gather resources for the purpose of going to and bringing training resources to this group. It is also recommended that ALL group facilitators attend a session at two other groups per year.
8.6 Staff Expectations
Staff of Domestic Abuse Intervention Programs, both paid and unpaid, must be free of violence in their own lives. Any person who has been a perpetrator of domestic violence must be violence free in his or her own life for a period of at least three years and must have completed a recognized intervention program. Each provider's program will offer orientation to its own guidelines, rules, and expectations. Additionally each staff person will be expected to sign a statement acknowledging an understanding of and a commitment to adhere to the "Statewide Standards for Domestic Abuse Intervention."
8.7 Program Outcomes and Evaluation
28 When considering program outcomes it is critical to understand and acknowledge that the results of any particular domestic abuse intervention cannot be measured in a vacuum. Programs to intervene with batterers can only play an integral part with other intervention processes, e.g., courts, law enforcement, prosecution, victim advocacy, corrections. The laws themselves and changes in the law, public education and societal tolerance all play a significant role in our ability to successfully respond to domestic violence. It is also important to acknowledge the difficulty in creating objective measures for attitude change. Thus qualified, all domestic abuse intervention program providers (BIP and CSCDVP), must recognize the Department of Corrections DESIRED outcomes listed below and will employ curriculum and methodology aimed toward achieving those outcomes.
1. Offenders who complete domestic abuse intervention programs demonstrate pro-social attitudes associated with non-abusive relationships with domestic partner. Offenders should: a. Demonstrate victim empathy. b. Understand that the definition of domestic abuse includes: verbal and emotional abuse, intimidating behaviors, threats, isolating tactics, using personal power, using children, sexual abuse, economic abuse, denial and blaming, making light of abuse. c. Identify and own their personal patterns of abusive behavior in relationships. d. Employ appropriate interventions and strategies to interrupt their patterns of abuse. e. Understand the impact of their abusive behavior on their family, on the community and on their other relationships. 2. Offenders who complete these programs commit fewer new domestic abuse related crimes than those who do not complete these programs. 3. Offenders who complete these programs demonstrate fewer domestic abuse complaints, charges, and behaviors, including threatening and intimidating behavior, assaults, isolating tactics, using children, etc. 4. Each county's Domestic Violence Task Force values the programs as an effective intervention for domestic abusers. 5. Victims believe program has been effective.
Other goals include system improvements to the degree that victims can safely bring forth all complaints coupled with offender accountability for continued inappropriate behavior.
Providers are expected to adhere to the "Statewide Standards for Domestic Abuse Intervention." They are expected to give thoughtful feedback as they practice the standards and then to make adjustments when the standards change. Providers must keep accurate records and supply data requested for evaluation purposes in a timely manner. Providers are expected to invite scrutiny and feedback from the larger community response to domestic violence. County Task Forces are encouraged to establish protocols that assure periodic monitoring and feedback with reference to the statewide standards.
29 All domestic abuse intervention programs must be constantly challenged for continuous improvement, both because the stakes are so high for victims and families and because resources are becoming more and more limited so that our responses must be as cost effective as possible.
9.0 BATTERER INTERVENTION PROGRAM GUIDELINES
9.1 APPROPRIATE OBJECTIVES FOR BATTERER INTERVENTION PROGRAMS
The Batterer Intervention Program shall be designed to provide the batterer with all the information that he would need in order to eliminate his abusive and violent behavior, while clarifying that he will eliminate these behaviors only if he chooses to do so. Therefore, the intervention model must include information that would best serve to motivate participants to want to and to be willing to do what is necessary to end all forms of abuse. The model is education, not therapy.
The program and curriculum utilized in the program shall work to:
1. Increase the participant's understanding of his abuse as a means of controlling his partner's and children's actions, thoughts, and/or feelings. All forms of physical abuse and intimidation shall be identified and challenged, including physical, verbal, and emotional abuse, intimidating behavior, threats, terrorizing tactics, isolating tactics, using male privilege, using the children, and sexual abuse. The program will also work to increase the participant's understanding of the effects of domestic abuse on children.
30 2. Identify cultural and social influences that contribute to abusive behavior, as well as the social contexts in which this violence is used, without allowing these issues to excuse or justify individual responsibility for abuse.
3. Confront excuses for abuse. This shall include a philosophical position that abuse is the sole responsibility and choice of the perpetrator, and that abuse is never justified. This confrontation must occur in a way that models respectfulness and is supportive of self change.
4. Examine the harmful, damaging and potentially lethal consequences of batterer's violence and abuse on the battered women, children and the batterer's relationship with them. The short and long term effects of abuse and violence shall be enumerated, and participants shall be expected to take responsibility for creating these consequences.
5. Provide the participant with practical information on how to end his abusive behavior and how to interact with his partner in non-controlling and respectful ways. 6. Furnish the participant with realistic information concerning the state's and local community's progress toward a coordinated and appropriate criminal justice response to domestic violence, as well as furnishing information regarding progress toward widespread public education toward changing community beliefs and attitudes regarding domestic abuse.
9.2 INTERVENTION FORMAT
The preferred format for Batterer Intervention Programs in Vermont is the educational group or class. These groups should be led by at least two facilitators / instructors, preferably male and female. These groups will generally be open ended, i.e., the curriculum is designed to revolve so that new participants can be enrolled to begin the program at any point. A very limited number of perpetrators may need individualized rather than group intervention (for example a man with Tourette's Syndrome). When special intervention of this nature is absolutely necessary the reasons must be documented. The intervention must focus on the violence and other abuses perpetrated by the offender, and shall follow all other standards regarding appropriate intervention modalities.
9.3 GROUP COMPOSITION
Most participants in Batterer Intervention Programs are convicted of domestic abuse offenses and ordered to participate in these programs. The program is clearly targeted for first-time misdemeanor offenders. However, a proposal is expected that would allow certain offenders to participate as part of bail release conditions. It is also acceptable to include voluntary participants, however they should be
31 held strictly accountable to all standards required of ordered offenders and their motivation should be carefully scrutinized. They often enroll in the program to look good, to attempt to mitigate impending criminal justice sanctions, to keep their partner from leaving or to superficially assure her of change. Ellen Pence of the Duluth Program has experienced a meager 10% completion rate with voluntary offenders. Some voluntary participants have shown themselves to be sincerely remorseful and some have been highly motivated to learn and change.
The Program is not necessarily inappropriate for some repeat offenders, but depending on the severity of the abuse, most offenders should have additional consequences and more intensive program and accountability expectations including incarcerative responses. These groups shall be restricted to participants of the same gender and sexual identity. Batterer intervention programs, as they are currently structured, are for men who batter women who are/were their partners. These programs are not appropriate for men and/or women who abuse their same-sex partner or for women who assault their male partners. They also may not be suitable, without modification, for youthful batterers. Obviously there would be a need to accommodate men who do not speak English. There may be some accommodation needs for men who are illiterate although the program is primarily an oral and visual process In responding to the needs of these other populations, Batterer Intervention Program staffs or other potential providers of services, in collaboration with domestic violence services for victims and Domestic Violence County Task Forces, should develop programs and methods that assure victim safety and offender accountability. These services should be provided as part of a coordinated community response, and should adhere to batterer intervention program standards where appropriate. A program for assaultive women may use some of the tools of the batterer intervention programs, but it would be a vastly different program absent the cultural underpinnings of male domination.
9.4 GROUP CAPACITY
The recommended capacity for Batterer Intervention Programs is 10 participants. The attention that each individual gets diminishes significantly when groups get much larger than 10. However, in many of Vermont's communities the numbers are low enough and variable enough that it's sometimes difficult to predict when the resource of a second group is needed. Consequently groups capacities of up to 15 are tolerable prior to resourcing an additional group. Although it is undesirable, a waiting list should be used temporarily if the number will exceed 15.
9.5 PROGRAM DURATION
All approved Batterer Intervention Programs must meet weekly for at least 1 1/2 hours and up to 2 hours. Approved programs must be designed for completion in 26 weeks with additional time to complete the requirements of the program capped at 52 weeks. The participant who meets all expectations of the program when initially requested by group leaders would be finished in 26 weeks.
32 Offenders completing a Batterer Intervention Program as part of the intermediate sanction program (Intensive Domestic Abuse Program/ IDAP) must attend for 52 weeks. ALL program participants must be free of documentable violence for at least the last 26 weeks of their participation in the program.
9.6 REFERRAL PROCEDURE
While the vast majority of referrals to Batterer Intervention Programs come from the Department of Corrections, some referrals will come from other agencies and self-referrals will occur as well. All DOC referrals should be made within 3 working days of the first meeting between the offender and the assigned CSS (Correctional Services Specialist). A referral packet from DOC should include any court orders, (e.g., mittimus, probation warrant, conditions of release, temporary and/or permanent relief from abuse orders). The packet should also include a police affidavit associated with the domestic related conviction. Any police complaint records or victim statements associated with these events should be included as well as any formal evaluative data already on file. A referral from any other agency should include this information if it is available to them. In all cases a signed release of information that enables the necessary communication between the referring source and the batterer intervention program should accompany the referral. A voluntary referral should be required to submit a written description of his abusive behavior and his reasons for requesting participation in the program. Voluntary clients should also be asked to submit copies of documents that they may have access to, such as restraining orders.
9.7 INTAKE AND REGISTRATION REQUIREMENTS
After the client has been referred, the Battered Intervention Program staff will review the referral packet and schedule an interview to occur within two weeks. Programs may use their own system for the interview stage but it must accomplish two major tasks. One task is assessing client eligibility. Aside from getting any additionally desired client data, the prospective participant must describe the offense/event that brought him to the interview and he must describe and accept responsibility for major elements of the abuse as described in court documents. A history of his prior abuse in this relationship and abuse in prior relationships will be gathered. The Power and Control Wheel (Pence) is an excellent reference for inquiring about types and examples of abuse. The client will also be asked about his exposure to abuse while growing up. The need and/or requirement for other adjunctive treatments will be discussed and related agreements will be clarified.
The second major task is orientation to the program content and expectations, i.e., the program contract. The program contract and the waiver of confidentiality must be signed and witnessed. At the end of this process the client should be notified of a start date. This should be as soon as possible and ideally the next scheduled group meeting. If a client is rejected, because he does not sufficiently own behavior or refuses to comply with the contract, or for any other reason, verbal notice of the rejection
33 should be made to the referring agency within 24 hours, followed by written notice within two weeks. Notice should be immediate if a threat is made.
9.8 PROGRAM PHASES
Program phases are optional. All programs will begin with an intake/orientation process. Larger programs may see a benefit to breaking down the progressive steps that each participant must complete as he moves through the program, e.g., orientation, intensive phase, practicum phase. If program phases are included they must be explicitly spelled out in the program contract, including any specific expectations one must meet to complete a certain phase. Every effort should be made to assure that closed phases do not contribute unnecessarily to delaying program entry. Finally any design for program phases must be consistent with the "Completion Criteria" outlined later in this document.
9.9 ATTENDANCE POLICY
All Batterer Intervention Programs must have a written attendance policy within their program contract. The policy must include notice of all absences within 24 hours with regard to DOC clients and immediately if there is a current known danger The DOC will sanction all unexcused absence or tardiness. Three absences or instances of tardiness of any nature in a 26 week period MUST result in program termination or restart. The only exception to this would be a verifiable medical situation, in which case the client is required to supply a doctor's statement explicitly stating that he CANNOT attend group. In this circumstance the response can be negotiated. Programs are able to define a number and/or a type of absence as "excused" within the limit of three. All absences must be made up. An absence cannot count toward achieving the number of sessions requirement. The program contract must also include a weather and holiday cancellation policy. Again cancellations cannot count toward meeting the number of sessions requirement.
9.10 PROGRAM COMPLETION CRITERIA
All participants must meet all of the following standards to complete a batterer intervention program:
1. Complete minimum number of sessions requirement. 2. Must be free of documented violence or threats of violence for at least 26 weeks. (e.g., affidavit, relief from abuse order, violation of probation, new charge).
34 3. Financial obligation to program must be fulfilled. 4. Meet program participation standards: a. Accept responsibility for abusive behavior without blame, minimization, or denial. b. Articulate understanding of power and control wheel. c. Articulate impact on partner (victim empathy), family, others, and self. d. Able to identify personal patterns of risk and abuse including underlying beliefs and attitudes. e. Able to identify and employ intervention strategies, i.e., alternatives to abusive behavior. f. Complete homework assignments and present in group as directed g. Speak and express feelings during group discussion; share personal experiences, values, and attitudes. h. Demonstrate consistent respect for others All participation standards are evaluated by demonstration. There is no expectation that group facilitators are able to accurately evaluate the degree to which any participant internalizes the concepts taught.
Program completion must be documented in writing to referral agency within two weeks. The Batterer Intervention Program must also develop protocol for notice of completion to victim and victim advocacy organizations. Program completion is defined here to mean compliance with standards or completion of requirements. It DOES NOT GUARANTEE battering has stopped during the program or in the future. Programs should not use terms like "graduation." Even "successful" completion can connote more than we may want it to.
9.11 DISMISSAL CRITERIA
While this section is entitled "Dismissal Criteria," it actually spells out circumstances that could lead to suspension or program start over, as well as the possibility of an absolute dismissal. Dismissal is defined as termination from the program without possibility of return at the current time, although a rereferral could occur in the future after a period of time has gone by and often after a Court and/or DOC sanction has been imposed, e.g., a period of incarceration. Each Batterer Intervention Program must spell out in its program contract what behaviors could or would lead to dismissal from the program. These behaviors must include: 1. A new assault. 2. Confirmed abuse. 3. Violation of a Relief from Abuse Order 4. Substance use. 5. Disruptive or threatening behavior in group, i.e., violent or intimidating behavior that compromises the safety of other program participants and/or staff. 6. Failure to comply with other required treatment, e.g., substance or mental health treatment.
35 7. Failure to achieve program completion criteria.
Program Dismissal (or start over, or suspension) must be documented in writing within two weeks to the referring agency and to the client himself. Verbal notice must occur within 24 hours and immediate notice must occur in the case of an assault or threat of an assault. Again a protocol must exist for timely notice to the victim and victim advocacy organizations. When the situation can be anticipated, a written warning to the client and to the referring agency is required. This can greatly enhance clear understanding and expectations when a participant is just not accomplishing what the Program expects and it serves to enlist the referring agent as a reinforcer of those expectations.
9.12 CONFIDENTIALITY GUIDELINES
It is an important goal to make the Batterer Intervention Program a safe and inviting place to talk in order to enhance openness and learning. At the same time, because violence prevention and victim safety are of paramount importance, certain information is NOT held in confidence (see Limited Confidentiality and Waiver). Program participants are expected to keep confidential the names, identifying descriptions and the shared thoughts and feelings of other group members. On the other hand, program participants are encouraged to talk outside the group about the concepts they are learning and what they are learning about themselves. Occasionally, there may be visitors to the program and they will be informed and expected to adhere to this parameter of confidentiality unless otherwise covered by the limited confidentiality guidelines.
9.13 LIMITED CONFIDENTIALITY AND WAIVER WITH RELEASE OF INFORMATION
Confidentiality is limited and acknowledged by the client's signature on a waiver in the following circumstances:
1. In the case of suspected child or elder abuse, confidentiality is waived to Social and Rehabilitation Services, law enforcement and Corrections (if DOC client). Mandatory reporting laws make this waiver unnecessary, but informing the client provides clarity. 2. In the case of remarks and/or information that threaten future acts of violence, confidentiality is waived to law enforcement, the court and Corrections (where applicable), the person(s) at risk including, but not limited to the victim or partner, and the victims advocacy organization.
36 3. Regarding the participant's application, acceptance or rejection, attendance, dismissal or suspension, program completion, and knowledge about the participant's patterns of physical and psychological abuse that might enhance victim safety and violence prevention, confidentiality is waived to the court, State's Attorney, and Department of Corrections (where applicable), and to the victim or partner and to the victims advocacy organization.
Each Batterer Intervention Program will develop a protocol with the relevant victims advocacy organization and the Department of Corrections to determine guidelines for how and when this kind of information should be shared and by whom. Specific attention must be paid to the timely sharing of emergency status information. It's assumed that guidelines will need to be constructed with sufficient flexibility so that the victim/partner's wishes and safety needs can be taken into account on an individual basis.
9.14 SUBSTANCE USE POLICY
Many domestic abuse offenders will come to a Batterer Intervention Program with a history of substance use/abuse associated to one degree or another with their abusive behavior. Others will come to the program as non-users or with no apparent association between substance use and domestic abuse. In any event, ALL Batterer Intervention Programs will adhere to the position that substance abuse does NOT cause domestic violence. All programs will include a contract requirement with regard to substance use. Many programs may elect to require group members to remain substance free during their time of participation in the program, i.e., 24 hours per day while in the program. The principle is that clear thinking, unclouded by substance effect, is necessary not only on the day of group, but during the day to day work of establishing new relationship attitudes and behaviors. Minimally, all programs will have a rule of no substance use within 24 hours before and after the group meeting. Programs will also reinforce the no substance use condition for participants who are ordered by the Court not to use and will require adjunctive treatment for substance abuse when the relevance is documented.
9.15 ADJUNCTIVE TREATMENT
There are certainly cases where treatment in addition to the Batterer Intervention Program may be recommended and/or required. Substance abuse treatment is, by far, the most common example. When substance abuse is associated with abusive relationship behavior, the client should be referred for separate and concurrent treatment. Intervention with active substance abuse may need to begin first. Domestic violence intervention work cannot be done with a client "under the influence." But unless the client is in a residential intervention program, the batterer program should begin as soon as possible, and should not wait, especially if the client is involved in the same or a new relationship. Releases should be signed so the Batterer Intervention Program and the substance abuse program can share information.
37 The substance abuse program must conform philosophically with the domestic violence program. This philosophy is driven by acknowledging victim safety and violence prevention as the unequivocal and paramount goals, i.e., safety is more important than sobriety when the two goals are in conflict. Some of the most important points of this philosophy are: 1. Substances do not cause domestic violence. 2. Substances can be a very serious risk factor for domestic violence. 3. Battered partners are NOT co-dependent relative to the violence done against them, and typical co-dependency intervention strategies are not only inappropriate, they can be dangerous. 4. Victim substance use is NOT a cause of domestic violence and may well be a coping strategy or even something that enhances the victim's safety. 5. While substances may act physiologically as disinhibitors, in the context of domestic violence, substance disinhibition is used as an excuse, both by the abuser and those who excuse the abusive behavior.
Any other adjunctive treatment that may be needed in the case of an individual batterer must support the paramount importance of victim safety, refrain from excusing abusive and controlling behavior, engage in mutual release of information, and intervene in a way that is supportive and/or complimentary with the domestic violence intervention programs.
9.16 FEES
Fees are a necessary reality in terms of providing domestic violence services to offenders. In consideration of diminishing public/governmental resources, dollars available for domestic violence intervention should be aimed toward victim services first. Consequently education services for batterers should be supported and paid for by batterers. An assigned fee places value on the program and a participant's payment is associated with his taking personal responsibility for his need for the program and literal ownership of the solution. At the same time, fees must be kept at a modest level so as to make the service affordable and to minimize the further victimization impact that fees can have on partners and families of perpetrators as their resources are further depleted. Available third party payments are acceptable when providers are eligible to receive them. However providers should be clear with their clients that the intervention is psychoeducational and does not, in itself, call for "clinical diagnosis," in the traditional sense. Providers should be careful not to give out messages that the offender might construe as relieving his responsibility for his choices that lead to threatening or violent behavior. Each batterer intervention program should have a written policy on fee payment included in its program contract. Methods to negotiate timeliness and amounts of payment need to be flexible and/or creative enough so that no one is denied access to the program because of inability to pay. This does not mean payment requirements should be less than strict or that non-payment should go unsanctioned. The Department of Corrections can assist with its clients by withholding recommendation for discharge from probation or custody until bills are paid and/or by sanctioning non-payment, (up to an amount determined by DOC Policy on offender fees for services). The development of a sliding fee schedule is one method for deciding fair fee levels and at the same time assuring each service provider a minimum
38 adequate income level. Fees ranging from $10 to $40 are currently charged with $25 being the average amount. (5/96).
9.17 PROGRAM CONTRACT
All Batterer Intervention Programs are required to have a program contract that clearly specifies expectations in writing. It must minimally include:
1. Day, time, and location of program meeting. 2. Number of sessions required. 3. All participation and program completion requirements. 4. Attendance policy, including weather cancellation and a phone number. 5. Dismissal policy. 6. Release(s) of information and waiver of confidentiality with regard to partners, victims organization, corrections, law enforcement, other treatment provider(s), potential victim(s). 7. Fee and payment requirements 8. Expectations about substance use/abuse. 9. Adjunctive treatment expectations. 10. Group rules - in addition to the general program expectations, the program should delineate acceptable group demeanor such as confidentiality maintenance, respectful interaction, staying in one's chair, using non-sexist and non- racist language, listening while others are speaking, breaks, etc. 11. Agreement to stop controlling, abusive, threatening, and violent behavior. 12. Agreement to comply with relevant court orders (e.g., Relief from Abuse Orders, custody orders, divorce orders, no trespass orders, etc.).
Every Batterer Intervention Program contract must include a "commitment to abide by contract" statement that is dated and signed by the program participant, witnessed, and retained as an official program record with a copy to the participant and to the agency that referred him.
9.18 DOCUMENTATION REQUIREMENTS
1. Program Contract with witnessed and dated client signature. Copies to Program, client, and referring agency. 2. Release(s) of Information and Waiver of Confidentiality.
39 Copies to Program, client, referring agency, and parties to release of information. 3. Warning letter with specified probationary period for unsatisfactory program participation. Copies to Program, client, and referring agency. 4. Dismissal, Suspension, Startover letter outlining specific reasons for failure to complete. Copies to Program, client, referring agency, and parties to release of information. 5. Program Completion letter stating start date, number of sessions attended, amount of payment completed and/or still owed, and completion date. Copies to Program, client, referring agency, and parties to release of information. 6. Attendance and payment records for each individual participant need to be maintained and made available to the referring agent as needed.
9.19 CONTENT REQUIREMENTS
Focus on offender behavior Expectations regarding an open channel of communication Expansive definition of abuse (Pence's Power and Control Wheel) Physical abuse ranging from pushing and restraining to serious assault and injury, use of weapons, homicide. Emotional abuse ranging from name-calling to threatening Domestic terrorism Sexual abuse ranging from objectification, manipulation and pressure for sex, to rape or mutilation Economic abuse Isolation Intimidation, coercion, and threats Stalking Using children Using male privilege Cycle of abuse and concept of downward spiral Instruction and practice at personal identification of patterns of abusive and controlling behaviors Control Log (Pence) Examination of cultural influences on domestic abuse Examination of personal values and belief systems that support abuse and examination of how those values and beliefs are distorted Discerning and stopping denial, blame, and minimization Understanding and accepting responsibility for behavior Introduction to relapse prevention planning Methods to intercept and change behavior Understanding the effect of abuse on the victim, children, and others
40 Relationship roles and characteristics of good relationships Winning and losing Blocking women's anger Decreasing batterer's social isolation and the fostering the development of healthy personal support systems Information about the community's comprehensive response to battering
9.20 SUGGESTED CONTENT OPTIONS
Thinking report process from Cognitive Self Change Program Journaling - Identifying targets for change, reporting and personal evaluation of efforts to change Media: It's Not Always Happy at My House The Burning Bed Journey Into Courage This Boy's Life Available audiotapes of victim/child calling police dispatch If Someone Had Known
9.21 PROGRAM INFORMATION TO VICTIMS / PARTNERS
Each Batterer Intervention Program should have a method in place for at least offering victims the opportunity to know about the program that their partner / former partner is involved in. The BIP must decide a process for this in consultation with the victim's Network Program serving the same area. The information could be relayed by the Network Agency, by a pamphlet mailing, an informational meeting, or via DOC where appropriate, but the bottom line is that the information get out in a method sanctioned by victim advocacy. The information should include an overview of the curriculum and the program expectations. It should include a description of the philosophy of the program and the power and control focus. The information should be clear about not assuring change or even safety, and explain to the victim that she is the best judge of authentic change. It should give some of the common indicators of positive change and also the common indicators, some of them subtle, of little or no change. Couples counseling should be discouraged until a lengthy time of non-abuse has occurred and he is consistently treating her with fair relationship interaction. Finally the information should include a thorough introduction to available services and should strongly encourage the victim to have a safety plan for herself and her children in the event things begin to deteriorate.*
41 *"What You Should Know About DAEP", The Domestic Abuse Education Project, Spectrum Youth and Family Services, Burlington, VT. Reprinted with permission from Emerge. This is an excellent prototype for program information to victims.
9.22 PUBLIC INFORMATION AND COMMUNITY EDUCATION
All Batterer Intervention Programs are encouraged to have some member(s) of their staff involved in activities that enhance the community's knowledge and awareness about domestic violence and especially about the programmatic responses that are available. An example would be sharing the presentation burden in the Family Courts where a collaborative program is in place which among other agendas, informs defendants in Final Relief from Abuse Hearings about resources available to address their abusive behavior. Where these collaborative programs are not yet in place, Batterer Intervention Programs are encouraged to exercise leadership toward that desired end. Presenters should be careful to state that the Batterer Intervention Programs are not offered as an alternative to legal consequences, while at the same time they might become part of a legal consequence later if domestic abuse continues. It is also important to make clear that these programs are aimed at eliminating violence, not at salvaging relationships. In any forum, presentations about batterer intervention should be coupled with presentations about services available to victims of domestic violence and the need for a comprehensive and coordinated community response should always be emphasized. The ultimate goal of enhanced public awareness is to create a community that does not tolerate domestic violence.
42 10.0 INTENSIVE DOMESTIC ABUSE PROGRAM
(INTERMEDIATE SANCTION)
IDAP
10.1 PROGRAM DEFINITION
The Intensive Domestic Abuse Program (IDAP) is an intermediate sanction sentencing option for certain targeted domestic violence offenders. It will utilize a rigorous regimen of intervention programming which will include weekly attendance at a Batterer Intervention Program and twice
43 weekly attendance at a Cognitive Self Change Domestic Violence Program. In addition IDAP could include the Intensive Substance Abuse Program (ISAP), other community based substance abuse intervention programs, Cognitive Skills, the Department of Corrections (DOC) Life Skills program, vocational and education services or other programs identified in an individual case plan. IDAP will include intensive case planning and counseling services from a DOC Correctional Services Specialist (CSS). IDAP will utilize intensive risk control measures from a CSS and DOC Correctional Officers with contacts ranging between 2 and 21 in a biweekly period and approval of residence. It can also include alcosensor testing, urinalysis, curfew, electronic monitoring, and other risk control measures as deemed appropriate. IDAP provides for appropriate releases of information so that program and supervision decisions can be made with feedback from staff working with victims and families. Finally, IDAP includes specific protocol for furlough revocation for failure to participate in any aspect of the program, and especially for assaultive, threatening or intimidating behavior toward the victim/domestic partner.
10.2 TARGET POPULATION
Offenders considered for IDAP must meet all of the criteria listed:
1. Current convictions for multiple misdemeanor crimes or felony crimes that are domestic abuse or domestic abuse related. "Domestic abuse related" is defined as any crime or attempted criminal act perpetrated against any family or household member, or against a primary partner. 2. Risk level for Program as determined by DOC assessment. This criteria is waived until an assessment instrument is validated. 3. Willingness to participate in all program and supervision aspects of IDAP for the required duration. 4. Willingness to live away from domestic partner during the "intensive phase" of IDAP, and continue to pay for the support of family. 5. Willingness to pay any assigned program fees.
10.3 ELIGIBILITY CRITERIA
1. Offender must be referred by the Court, or the State's Attorney AND the defense attorney, or DOC staff. Referral goes to the DOC Court and Reparative Services Unit for eligibility screening. 2. Offender must be convicted of a felony domestic abuse or domestic abuse related crime and/or multiple current misdemeanor convictions which enables the Court to give a sentence that allows for completion of IDAP and effective aftercare supervision. 3. An assessment completed by the DOC indicates the offender's
44 risk is manageable in the community. "Identifying an Abuser's Risk Factors," (see Appendix A), contains a checklist of factors associated with high risk situations. It can help DOC staff preparing the ISR to focus on these key areas of enquiry when assessing the risk an offender presents. 4. Offender must be sentenced to the program under the Pre- Approved Furlough (PAF) sanction. 5. Offender must receive a minimum sentence that allows one year of participation in the intensive phase of the program before parole eligibility (after factoring in "good time" and credit for time served prior to sentence). 6. The required conditions must be imposed with the sentence. 7. Offender must agree to participate according to all IDAP conditions and admit abusive behavior.
10.4 PROGRAM DURATION
The IDAP Program begins with the intensive phase which is minimally 52 weeks (12 months) followed by an Aftercare component of 13 weeks (3 months).
The core program elements of the intensive phase of IDAP are the Batterer Intervention Program and the Cognitive Self Change Domestic Violence Program. The Batterer Intervention Program for IDAP offenders is 52 weeks, (specifically one session per week; 52 sessions for completion). The Cognitive Self Change Domestic Violence Program is minimally 52 weeks, (specifically two sessions per week; at least 104 sessions for completion). The recommended design is for the delivery of both of these program elements by one service delivery team. It may be necessary in some locations to deliver these components separately. The Aftercare component is 13 weeks, (specifically one session per week; 13 sessions for final completion of the IDAP Program). Other available programs such as Cognitive Skills, outpatient substance abuse, Intensive Substance Abuse Program (ISAP), self help programs, Life Skills, vocational / educational services will be integrated around the core IDAP program elements and required in individual case plans, as deemed appropriate. These other programs will be completed according to their own time requirements.
10.5 REFERRAL, SCREENING, AND ELIGIBILITY DETERMINATION
The court, State's Attorney AND defense attorney, or the Department of Corrections or the Vermont Parole Board can refer an offender for eligibility screening. The DOC may make referrals at the time of a new offense, a violation of probation, or for an incarcerated offender as part of his case plan for reintegration into the community. Referrals from the court process are made to the Court and Reparative Services Unit.
45 The CRSU staff will screen the offender according to the program's eligibility requirements within three (3) working days. If an offender appears to be eligible, the case will be moved to the Community Correctional Services Center (CCSC) where an Intermediate Sanction Report (ISR) will be completed. If the offender is not eligible, a notice will be sent to the referring party indicating why the client is not eligible. The ISR process includes a comprehensive needs assessment with regard to available program components and risk control strategies. The report must be completed within fifteen (15) working days and it will spell out the specific program expectations and supervision conditions that the Judge, State and defense, and most importantly, the offender must agree to in order to be sentenced to this sanction. If necessary, a sentence length will be recommended tailored to enable full program participation through the completion of the aftercare phase. The offender should be slated to begin the core program components of IDAP immediately upon sentencing. Also the DOC IDAP team should be prepared to implement initial supervision strategies that cautiously assure safety until a more thorough plan can be developed.
10.6 PROGRAM COMPONENTS
10.6A VICTIM PROTECTION
Victim protection is the single most important element of the Intensive Domestic Abuse Program. Specific guidelines regarding victim protection are covered at length in the chapters on Batterer Intervention Programs, collaboration guidelines, and the role of the Department of Corrections. (See Sections 9, 11, and 12 for more information.) IDAP offenders will be closely supervised with regard to victim protection and they will be responded to quickly and firmly when victim safety is threatened or at risk. An IDAP participant's furlough can be terminated immediately if he fails to perform satisfactorily in any aspect of the program and he will be terminated and incarcerated if he becomes assaultive, threatening, or intimidating toward his victim / domestic partner.
10.6B BATTERER INTERVENTION PROGRAM
The IDAP participant must complete an approved Batterer Intervention Program. For many offenders this may be a repeat of a previously completed program. Since abusive behavior is a choice and education provides opportunity and direction for right choices, it is believed that repeating provides another chance to learn. In this sanction, the consequences of not learning or refusing to apply knowledge are more immediate and more severe. It is preferred that IDAP offenders will be in a separate Batterer Intervention Program with the same peer participants and the same group leaders that lead the Cognitive Self Change component of the IDAP Program. The Batterer Intervention Program for the IDAP participant is 52 weeks long.
46 10.6C COGNITIVE SELF CHANGE DOMESTIC VIOLENCE PROGRAM (CSCDVP)
10.6C1 PROGRAM DESCRIPTION
The Vermont Department of Corrections Cognitive Self Change Violent Offender Program (CSCVOP) has long been acknowledged to have specific application to domestic violence intervention. In fact, in recent years many of Vermont's most serious domestic offenders, with sufficiently long enough incarceration sentences, have participated in this program. At the same time, many of the established batterer intervention programs around the State have integrated some of the tools and concepts from CSC into their programs. One of the Central Facility CSCVOPs has gone so far as to include the Duluth curriculum one group session per week for its "domestic" violent offenders. While all of these experiments have been considered positive, useful, and relevant, the next logical step is a more full integration of the programs. Work is in process that will adjust the CSCVOP design for an open-ended community based application particularly tailored for domestic violence offenders. CSCDVP will be designed for two 2 hour groups per week through the intensive phase of the program (12 months) followed by one 2 hour group per week during the Aftercare phase (3 months). Phase I or "Orientation Phase" will be reshaped to change the antisocial or "criminal thinking" framework to a "male dominant thinking" framework. These two frameworks already have much in common. Pro-social thinking alternatives will be adjusted to reflect equality and fairness in relationship thinking and behaviors. Phase I is a closed group in the current CSCVOP and takes about ten weeks (20 sessions) to complete. In the CSCDVP it will take a similar number of weeks and sessions, but it will constantly be repeated. Participants will be taught the introductory concepts and tools of cognitive self change the first time or two around, and as they progress toward increased understanding, they will assume some level of responsibility for teaching these concepts and tools to newly entering participants. The practice of being taught a concept followed by teaching it always seems to reinforce a deeper level of learning. As each individual participant passes through full exposure to the Phase I curriculum he will move into the curriculum of Phase II as a second level of the same group. While in Phase II, participants will be constantly reviewing and teaching the Phase I material (approximately first 45 minutes), and they will be exhibiting and modeling the Phase II level of the program (approximately last 75 minutes of the two hour group), to the Phase I participants. Phase II objectives include identifying patterns of thinking that result in acts of abuse or violence; learning habits of self-observation that help one recognize these patterns when they occur; recognizing the scope and consequences of these patterns in the life of one's victim, others, and in one's own life; learning alternative patterns of thinking, and how to use them; and developing a relapse prevention plan that defines the specific steps for putting new patterns of thinking into practice to reduce the risk of abuse and violence. In this phase, group work is supplemented by an individual journaling and feedback process. Phase II is designed to last at least 8 months, (i.e., through the 10th month of the IDAP Program. As CSCDVP is a community based program, participants will be monitored and supervised consistent with their level of motivation, growth, change, and performance. As they progress through the intensive phase of IDAP they will be held accountable to practice self-risk management at all times,
47 but it is anticipated that the program will give them effective tools that will increasingly assist them in meeting these expectations. IDAP participants complete the intensive phase of the program after at least 12 months. Aftercare will continue for an additional three months with one group per week to provide a gradual weaning from the program. The last 2 months of the intensive phase and the 3 months of Aftercare are designed to parallel Phase III of CSC. But it's again important to emphasize that because this is a community based program, participants are held accountable to practice appropriate behaviors with whatever tools they have available throughout their involvement in the program. Aftercare continues the Phase III objectives to practice self-risk management by continuous observation of thinking patterns, recognition of risk patterns, and conscious decision making regarding intervention in these risk patterns. This happens in a context of continued critical support and encouragement of the group peers and staff.
**Adapted from "COGNITIVE SELF CHANGE, A Program Manual" Jack Bush, August 1995
10.6C2 PROGRAM OBJECTIVES
Like the Batterer Intervention Programs the Cognitive Self Change Domestic Violence Program is designed to give the participant the information he needs in order to choose to eliminate abusive and violent behavior in his relationships and in his life. It is designed to compliment, support, and enhance the principles and content of the BIPs. Cognitive self change is based on the idea that thinking controls behavior, and that controlling one's thinking can control one's behavior. The CSCDVP is a group that is longer, meets more frequently, turns over less and thus enables greater potential for intimacy. It is designed to explore personal attitudes, beliefs, and patterns of thinking at much greater depth and intensity. Much more is expected of each individual in terms of demonstrating self awareness and understanding and developing personalized tools to prevent relapse. Finally the program, in concert with DOC support and supervision, can intensively monitor each individual's practice and progress.
10.6C3 GROUP COMPOSITION AND CAPACITY
The CSCDVP, like the Batterer Intervention Programs, is designed for men because of the vast prevalence of male violence against women and because of the unique nature of this type of male violence. Alternatives may need to be developed for violent women and/or gay men. The designed capacity for this program is 8 offenders. The attention that each individual gets in the group meeting itself diminishes significantly when groups get larger than this. Furthermore the individual journal work that supplements the program becomes too much for the facilitators to handle. Batterer Intervention Programs that occur for this specific population only, will be restricted to the same capacity level, which adds intensity to that piece of the intervention as well.
10.6C4 REFERRAL AND PROGRAM ENTRY
48 Referral to CSCDVP and the Batterer Intervention Program are automatically "part of the package" for any offender accepted into the IDAP intermediate sanction program. It's important to emphasize the required referral documents that are the same to both programs, in case they should occur separately. These documents include all related court orders (e.g., Mittimi, probation warrants, conditions of release, temporary and/or permanent relief from abuse orders), police affidavits associated with all domestic related convictions, any police complaint records or victim statements, any formal evaluative data already on file, and past records. Finally all referrals should be accompanied by a signed release of information / confidentiality waiver that enables the necessary communication among all appropriate parties (i.e., DOC staff, IDAP program staff, adjunctive therapy, Network program staff, the victim/partner, and law enforcement). After review of the referral documents a program entry interview should be conducted that allows for the gathering of any additional assessment information, orientation to the program, and the signing of a program contract. Note that all expectations of the CSCDVP (and IDAP in general) should be clear as part of the client agreement aspect of the intermediate sanction sentence.
10.6C5 ATTENDANCE POLICY
Bearing in mind that the IDAP program is an alternative to jail the attendance expectations are very high. The design creates attendance requirements for the BIP and the CSCDVP as if they were one program. Three absences or instances of tardiness of any nature in a 26 week period must result in program termination or restart. The only exception to this would be a verifiable medical situation where the client is required to supply a doctor's statement explicitly stating that the client cannot attend group; in which case the response can be negotiated. Program sites may define a number and/or a type of absence as "excused" within the limit of three. All absences must be reported to the CCSC immediately as they indicate an immediate furlough violation. The IDAP Program will sanction all unexcused absence or tardiness. All absences must be made up and cannot count toward meeting the minimum number of session requirements. Each program site will establish a weather and holiday group cancellation policy. However, cancellations also cannot count toward meeting the number of sessions requirement.
10.6C6 PROGRAM COMPLETION CRITERIA
All CSCDVP participants must meet all of the following standards to complete the program:
a. Complete minimum number of session requirements for each phase, (i.e. 104 for intensive phase and 13 for aftercare). b. Must be free of documented violence, threats of violence, and identified high risk behavior for at least the last 26 weeks, ( i.e., affidavit describing abuse, relief from abuse order, violation of probation, new charge). c. Financial obligation to the program must be fulfilled. d. Meet completion criteria requirements of Cognitive Self Change Phases I and II for intensive IDAP and Phase III goals for the 13 sessions of aftercare.
49 Program completion is defined here to mean compliance with standards or completion of requirements. It does NOT GUARANTEE battering has stopped during the program or in the future. IDAP will not use the terms like "graduation." Even "successful" completion can connote more than we may want it to.
10.6C7 DISMISSAL CRITERIA
While this section is entitled "dismissal criteria," it spells out circumstances that could lead to program start over, return to an earlier completed phase, or extension of a current phase as well as the possibility of an absolute dismissal. Dismissal is defined as termination from the program without the possibility of return at the current time. A rereferral could occur in the future as part of a furlough reintegration program. Dismissal from this program (and/or from the Batterer Intervention Program component) would result in loss of the intermediate sanction status, i.e., it would result in furlough revocation and incarceration. Behaviors that could lead to dismissal include: a. A new assault. b. Confirmed abuse. c. Violation of a Relief from Abuse Order. d. Substance use. e. Disruptive or threatening behavior in group, i.e., violent or intimidating behavior that compromises the safety of other program participants or staff. f. Failure to comply with expectations of other required treatment, e.g., substance abuse or mental health. g. Failure to achieve program completion criteria.
The victim, and Network Program, if involved, should be informed of program sanctioning decisions, including immediate emergency notice if a sanction is perceived to create a risk to the victim. Generally it would be expected that the offender would be removed from furlough if the sanction was so severe that it could enflame risk. When the situation can be anticipated, a written warning to the client is required with a copy to the CSS. This practice can greatly enhance clear understanding and expectations when a participant is just not accomplishing what the program expects and it serves to enlist the CSS as a reinforcer of those expectations.
10.6C8 CONFIDENTIALITY GUIDELINES
It is an important goal to make the CSCDVP a safe and inviting place to talk in order to enhance openness and learning. At the same time, because violence prevention and victim safety are of paramount importance, certain information is NOT held in confidence, (see Limited Confidentiality and Waiver). Program participants are expected to keep confidential the names, identifying descriptions, and the shared thoughts and feelings of other group members. On the other hand, program participants are encouraged to talk outside the group about the concepts they are learning and what they are learning about themselves. Occasionally, when there are visitors to the program, they
50 will be informed and expected to adhere to this parameter of confidentiality unless otherwise covered by the limited confidentiality guidelines. CSCDVP participants will be required to sign the "Agreement on Disclosure and Non- confidentiality: the Self Change Program." In addition they must waive confidentiality as in the Batterer Intervention Program: a. In the case of suspected child or elder abuse, confidentiality is waived to SRS and law enforcement and corrections. Because of mandatory reporting laws a waiver is not really necessary, but informing participants of these expectations in advance is considered best practice. b. In the case of remarks and/or information that threaten future acts of violence, confidentiality is waived to law enforcement, the court, corrections, the Network program, and the person(s) at risk including, but not limited to the victim or partner. c. Regarding the participant's enrollment, dismissal or suspension, program completion, and knowledge about the participant's patterns of physical and psychological abuse that might enhance victim safety and violence prevention, confidentiality is waived to the court, state's attorney, corrections, the Network Program, and to the victim or partner. The CSCDVP must work with the local Network Program to develop a protocol for how and when this information should be shared and with whom. Specific attention must be paid to the timely sharing of emergency status information. Guidelines should be constructed with sufficient flexibility so that the victim / partner's wishes and safety needs can be taken into account on an individual basis.
10.6C9 SUBSTANCE USE POLICY
Many domestic abuse offenders will come to a CSCDVP with a history of substance use / abuse associated to one degree or another with their abusive behavior. Others will come to the program as non-users or with no apparent association between substance use and domestic abuse. In any event, the CSCDVP will adhere to the position that substance abuse does NOT cause domestic violence. Substance abuse treatment will be concurrently required when appropriate. IDAP is an intermediate sanction status on pre-approved furlough consequently substance use will not be permitted. Substance use or abuse will be initially responded to with program interventions and graduated sanctions if warranted, but continued use will eventually lead to program dismissal.
10.6C10 ADJUNCTIVE TREATMENT
There are certainly cases where treatment in addition to the CSCDVP and the IDAP Batterer Intervention Program will be recommended and / or required. Some examples of these programs are the Intensive Substance Abuse Program (ISAP), other in-patient or out-patient substance treatment, mental health counseling, Cognitive Skills, vocational and / or educational services, etc. Substance abuse is by far the most common example of an additional treatment need related to domestic violence cases and thus warrants some special consideration. When substance abuse is involved in association with abusive relationship behavior it should be referred for separate and concurrent treatment. Intervention with active substance abuse may need to begin first. Domestic violence intervention work
51 cannot be done with a client "under the influence." But unless the client is in a residential treatment program the CSCDVP, along with the Batterer Intervention Program, should begin as soon as possible, and should not wait, especially if the client is involved in the same or a new relationship. Releases should be signed to CSCDVP staff and the substance abuse program can share information. The substance abuse program work with a CSCDVP client must conform philosophically with the IDAP. This philosophy is driven by acknowledging victim safety and violence prevention as the unequivocal paramount goals, i.e., safety is more important than sobriety when the two goals are in conflict. Some of the most important points of this philosophy are: a. Substances do NOT cause domestic violence. b. Substances can be a very serious risk factor for domestic violence. c. Battered partners are NOT co-dependent relative to the violence done against them, and typical co-dependency intervention strategies are not only inappropriate, they can be dangerous. d. Victim substance use is NOT a cause of domestic violence and may well be a coping strategy or even something that enhances the victim's safety. e. While substances may act physiologically as disinhibitors, in the context of domestic violence, substance disinhibition is used as an excuse, both by the abuser, and those who excuse the abusive behavior, sometimes including the victim. In summary, any adjunctive treatment that may be needed in the case of an individual offender must support the paramount importance of victim safety, refrain from excusing abusive and controlling attitudes and behaviors, engage in mutual release of information, and intervene in a way that is supportive and complimentary with the IDAP programs.
10.6C11 FEES
Fees are a necessary reality in terms of providing domestic violence services to offenders. In consideration of diminishing public/ governmental resources, dollars available for domestic violence intervention should be aimed toward victim services first. An assigned fee places value on the program and a participant's payment is associated with taking personal responsibility for the program need and literal ownership of the solution. At the same time fees must be kept at a modest level so as to make the services affordable and to minimize the further victimization impact that fees can have on partners and families of perpetrators as their resources are further depleted. In IDAP the offender's resources will be strained in some cases by a mandate to live apart from the victim while at the same time fulfilling support of family obligations. In IDAP, providers will charge a weekly or monthly fee that will cover the expense of all IDAP program components, i.e., Batterer Intervention Program and Cognitive Self Change Domestic Violence Program groups. The DOC will subsidize any program cost that cannot be covered by offender payment.
10.6C12 PROGRAM CONTRACT
52 All IDAP program components are required to have a program contract that clearly specifies all participant program expectations in writing. Whenever possible it is suggested IDAP programs use a combined program contract using the standards of the Batterer Intervention Program contract (see Section 9.17) and then adding additional conditions to capture expectations of CSCDVP. Two separate contracts are acceptable if necessary. All program contracts must include a "commitment to abide by contract" statement that is dated and signed by program participants, witnessed and retained as an official program record.
10.6C13 DOCUMENTATION REQUIREMENTS a. Program Contract with witnessed and dated client signature. Copies: Client, CSS, Program. b. Release(s) of Information and Waivers of Confidentiality Copies: Client, CSS, Parties to Release, Program. c. Warning letter with specified probationary period, when appropriate, for unsatisfactory program participation. Copies: Client, CSS, Program. d. Dismissal, suspension, startover letter outlining specific reasons for failure to complete. Copies: Client, CSS, Parties to Release, Program. e. Program completion letter stating start date, number of sessions attended, amount of payment completed and/or still owed (Client, CSS, Program only) and completion date. Copies: Client, CSS, Parties to Release, Program f. Attendance and payment records for each individual participant need to be maintained and made available to the DOC.
The documentation requirements for CSCDVP and BIP can be combined into one document where feasible.
10.6C14 PROGRAM INFORMATION TO VICTIMS
In the Intensive Domestic Abuse Program information to victims should combine presentations on BIP and CSCDVP. The chapter on Batterer Intervention Guidelines explains how this should be accomplished.
10.6D CASE MANAGEMENT SERVICES
IDAP participants will be assigned Correctional Services Specialists (CSSs) that are assigned to the Domestic Violence Team. The IDAP caseload is the lowest staff to client ratio in the Community Correctional Services Center (Goal is 25:1) The CSS focuses and has training and expertise in
53 domestic violence casework. Often these staff are involved in direct service delivery to domestic offenders, either in the BIP or the CSCDVP.
The CSS will conduct an assessment and develop a case plan according to standards for intermediate sanction cases prescribed in the Offender Case Management System. The case plan will outline program requirements and supervision strategies. Progress will be monitored and adjustments will be made as needed. The CSS is the foremost staff person involved in supporting, providing feedback, and counseling the offender toward positive program involvement and change. The CSS is also the one whose job it is manage a strict supervision plan and offender accountability.
10.6E SUPERVISION SERVICES
Supervision services are managed by the CSS with the support of peer supervision from the IDAP Team. The team has a correctional officer(s) assigned that acts as a liaison with all of the CCSC's correctional officers to provide for 16 hours per day, 7 days per week field supervision. The team has the ability to respond during the other hours if there is a crisis or if other supervision is part of a specially identified plan. The purpose, range, types, and methods of supervision strategies are outlined in detail for intermediate sanction clients in the DOC's Directive 421.02 "Contact Standards for Field Services." Offenders who do not take significant responsibility for their behavior or who are resistant to change can be supervised very closely, either until they fail altogether, or until the resources of the program are able to motivate them to address the problem seriously. Contacts for this category can be as many as 15-21 in a biweekly period. Offenders on the other end of the spectrum, who are open, assume responsibility, and demonstrate a commitment and ability modify behavior and manage their own risk, can be supervised to a lesser degree as they progress toward aftercare. Contacts for this category can be as few as 1-2 in a biweekly period. Supervision services include the development and adjustment of strategic plans, intensive program services and monitoring of treatment progress, collateral contacts, control of residential location, curfew monitoring, alcocensor testing, urinalysis, electronic monitoring, offender and staff involvement in relapse prevention planning, supportive supervision, offender accountability, graduated sanctions, disciplinary process, furlough revocation and incarceration. 10.6F RESIDENTIAL AND PARTNER CONTACT REQUIREMENTS
Offenders sentenced to IDAP will be required to live apart from their victim, or any new partner, at the beginning of the intensive phase of the program. While this is a very tough rule to apply universally, it is considered to be important for several reasons. First, the IDAP program is a jail alternative and consequently designed to restrict the offender a maximum amount, in the interest of enhancing safety, without the next step of lock up. At the same time the offender continues to live and attend an intervention program in the community and is able to work and strive to meet his financial obligations. Secondly, the victim/partner is relieved of any pressure she may feel to make a choice. Some women will be relieved to have this choice made for them. Some will blame the DOC for interference and others will "say they blame" the DOC. But the policy is designed to give all victim/partners the opportunity to experience a degree of freedom from their partner. Like all other aspects of the program it's important to emphasize that this policy does not guarantee increased safety.
54 As defendants consider their willingness to agree to the conditions of the intermediate sanction, they will need to find approved alternative housing if they are still in a relationship with their victim or if they are cohabitating with a new partner. They will also need to plan for meeting financial obligations to their families, themselves, and the programs they are involved in. When conducting an ISR (intermediate sanction referral investigation), the DOC will consider the victim/partner's needs with regard to major issues such as childcare, visitation, and car access, if it has not already been addressed by the Family Court. The DOC has some apartments that may be used in an intermediate sanction case if necessary, but this resource is scarce and consequently cannot always fill the need. As a condition of IDAP participation there is absolutely no victim/partner contact allowed for at least the first 60 days. After 60 days, if a request for contact is initiated by the victim, AND if the offender is in compliance with program contract expectations, phone contact can be approved. A strict schedule of the amount and time of phone contact is authorized by the IDAP program team. Contact limited to phone contact is for at least 60 days and subject to regular monitoring and assessment with regard to negative or positive signs. Again if the victim requests expanded contact AND the offender continues in compliance with program contract expectations, the next level of contact is face to face in public locations. A strict schedule for where, how long and how often is explicitly stated on the furlough agreement. This level of contact, starting at no more than once per week, is also closely observed for at least 60 days. If the victim requests still further expanded contact AND the offender continues program compliance, the next level of contact can be a private home visit. Again a strict schedule of where, how long and how often is explicitly stated on the furlough agreement. This final level of restricted contact is observed for at least 60 days. Finally, if the victim requests cohabitation the offender can return to home residency. Monitoring of the residence and relationship climate would continue through the remainder of the intensive phase of IDAP and through Aftercare.
10.6G ADJUNCTIVE PROGRAM SERVICES
These and other services are available, and may be required, as part of the IDAP intermediate sanction program. As much as possible these needs should be identified during the formulation of the Intermediate Sanction Report, but they can also be added later if the need becomes apparent.
DOC Intensive Substance Abuse Program (ISAP) Residential substance abuse services Intensive outpatient substance abuse services Weekly outpatient substance abuse services Self help program like AA or NA DOC Cognitive Skills Program DOC Life Skills Program DOC and community based vocational or educational services Others
55
11.0 COLLABORATION GUIDELINES FOR BATTERER INTERVENTION PROGRAMS AND INTENSIVE DOMESTIC ABUSE PROGRAM
11.1 WITH THE PARTNERS OF PROGRAM PARTICIPANTS
Partner services should be provided in the context of a Network program. In accordance with sections 8 and 9 of the Principles of Practice, contact with partners of program participants is more appropriate when conducted by the local Network program for the purposes of providing information about the Batterer Intervention Program, about the importance of safety planning, about the support services available from the local Network program, and to warn them of increased signs of lethality or imminent danger. It is never appropriate to seek information from the partner of a program participant.
Information disseminated to partners must clearly set forth the limitations of the Batterer Intervention Program and IDAP; i.e., the facts that:
· Participation alone does not ameliorate (and may increase) the batterer's abusiveness, and
56 · Compliance with program requirements does not imply that a participant has stopped his abusiveness or will not be abusive in the future.
Communications shall not represent Batterer Intervention Programs or IDAP as achieving more than they can actually accomplish, and shall specifically state that these programs are only one part of the coordinated community response to hold batterers accountable while insuring safety for women.
Each program will establish procedures for safeguarding partners which, at a minimum, include:
1. Identifying the risk factors presented by all participants at intake and periodically throughout the course of the program. (See Appendix A, for example).
2. Focusing primary attention on the safety of partners in all contacts made with them and all communications made on their behalf.
3. Warning partners, appropriate law enforcement agencies and the Department of Corrections of potential violence by the participant. 4. Taking appropriate action to protect partners and other family members from dangers posed by program participants, including, but not limited to, seeking mental health screening of the batterer and referring the endangered partner to her local Network program.
5. Working collaboratively with Network programs to assure that partners are provided advocacy, safety planning and other assistance while men who batter are participating in the intervention program.
6. Informing partners of their right to be free of violence and to access legal protections.
7. Developing policies and procedures to offer information and/or referrals to partners and/or other persons whom the batterer abused that resulted in his referral to the Batterer Intervention Program or IDAP. These policies and procedures will be developed in close consultation with the local Network program.
·Partners may be referred to Network programs, the Victim Assistance Program, legal services and Victims Compensation.
·Partners seeking referrals shall be referred only to programs, counselors, and/or therapists who are fully committed to accountability to battered women and to cooperation with the local Network program.
8. Advising partners of the status of the batterer in relation to the intervention program, including application, rejection or acceptance, attendance, and completion or dismissal.
9. Avoiding even the appearance of complicity with the batterer in all work undertaken by the program.
57 11.2 WITH NETWORK PROGRAMS
Batterer Intervention Programs and IDAP shall not exist in isolation; they must establish cooperative, accountable relationships with, and work collaboratively with their local Network programs and the Vermont Network Against Domestic Violence and Sexual Assault. This relationship should include:
1. Collaborative work to assure that partners are offered, and if amenable, are provided outreach, advocacy, safety planning and other assistance while batterers are participating in these programs. 2. Development and dissemination of information packets for partners about Batterer Intervention Programs and IDAP and the entitlement of battered women to specific information about the programs including:
·program philosophy and curriculum content, ·confidentiality of communications of partners, ·limitations on confidentiality for batterers, ·purpose and scope of routine partner contacts, ·mechanisms by which partners are advised of any risk posed by program participants, and ·supportive services offered by the Network program to partners of men participating in the Batterer Intervention Program and IDAP.
3. Establishment of referral mechanisms between Network programs and Batterer Intervention Programs and IDAP.
4. Development of agency policy on batterer contact with their children.
5. An agreement as to non-competitive fundraising with local Network programs and the Vermont Network Against Domestic Violence and Sexual Assault.
6. Consultation and collaboration in advertising and public information campaigns relating to Batterer Intervention Programs and IDAP.
7. Collaboration for training of professionals in the community (e.g., criminal justice system, family court, medical, schools, mental health, religious, alcohol and other drug treatment, child protective services) about domestic violence, legal issues, services for partners and batterers, safety strategies for partners and children and the necessity of holding batterers solely accountable for their abuse.
8. Collaboration on issues of public policy related to safety for battered women and children and intervention with abusers.
9. Implementation of a monitoring system whereby partners, survivors, advocates, the local Network program and the Vermont Network Against Domestic Violence and Sexual Assault
58 can monitor the services provided by the Batterer Intervention Program and IDAP, selected participants in the program, and the organizational practices of these programs. Network programs shall be permitted to monitor batterers' groups by, e.g., sitting in on groups and/or viewing recordings of them, or by other methods deemed necessary by the Network program. The Batterer Intervention Programs and IDAP shall work with the local Network program to establish the purpose and parameters for monitoring and to develop a process for utilization of feedback.
10. In order to ensure accountability to partners, any written policies governing Batterer Intervention Programs and IDAP which are established in addition to these standards shall be developed in close consultation with the local Network program and the Vermont Network Against Domestic Violence and Sexual Assault.
11. Cooperative creation of any research agenda on domestic violence and Batterer Intervention Programs or IDAP and collaborative production and dissemination of findings. (See 6.3 Research Ethics)
11.3 WITH THE JUSTICE SYSTEM
Batterer Intervention Programs and IDAP must work in collaboration with all components of the justice system that come in contact with battered women and with batterers in order to improve and coordinate the justice system's response to domestic violence cases. To accomplish this, Batterer Intervention Programs and IDAP will participate in their county Domestic Violence Task Force. Minimally, the Batterer Intervention Programs and IDAP will:
1. Have contact with and be familiar with the services available to victims of domestic violence afforded by Network service providers.
2. Be knowledgeable about local law enforcement, Corrections, prosecution and court policies regarding domestic violence cases.
3. Be knowledgeable about Vermont's laws, court rules and local policies regulating the law enforcement response to domestic violence.
Batterer Intervention Programs providing mandated intervention must establish a method of information exchange with the civil and criminal justice systems. Batterer Intervention Programs should undertake the following activities in pursuit of this information exchange:
1. Obtain pertinent court orders, including copies of Relief from Abuse Orders, conditions of release, probation/parole/furlough conditions and treatment records whenever possible.
59 2. Inform law enforcement and the Department of Corrections, as well as warn the partner or other intended victim, of the suspicion or actual threat of violence by the participant.
3. Report violations of any provision of a court order mandating batterer intervention to the Department of Corrections, judge or prosecuting agency.
4. Document further incidents of violence, including dates, brief descriptions, and outcomes.
5. Submit periodic participant status reports to the Department of Corrections and/or any other designated agency. Reports should include information on:
·registration, ·identification of risk factors (see Appendix A), ·assessment of appropriateness for program participation, ·attendance, ·dismissal from program and justification, ·recommendations for further intervention, and ·other information deemed necessary to keep the court or referral agency informed of the client's compliance with program rules and requirements.
6. Provide training and technical assistance, in coordination with the local Network program, to justice agencies about domestic violence, its perpetrators, and appropriate intervention strategies to eliminate violence against women and children.
7. Provide the Department of Corrections and other referral agents with referral procedures.
8. Require that all participants acknowledge in writing a waiver of confidentiality between the Batterer Intervention Program, the courts and State's Attorneys.
Batterer Intervention Programs should develop an agreement with the Department of Corrections on court mandated participation in the program. These agreements should address the following:
1. Information exchange with the justice system as outlined above.
2. Financial support and fee requirements for participants.
3. Definition of the Batterer Intervention Program's authority over intake and screening, case management, duration of services and the parameters of confidentiality.
4. Confidentiality of all communications and records of the Batterer Intervention Program with partners of applicants or participants in the program.
60 5. Consequences of dismissal before completing the program and the role of Batterer Intervention Program staff in providing documentation to the Department of Corrections or participation in hearings on the participant's failure to comply with the program requirements.
6. Submission of periodic status reports of registration, attendance, or dismissal from the program to the Department of Corrections or designated agency. Status reports must include a statement that attendance and compliance with any or all other program requirements does not imply that the person has stopped being abusive or will not be abusive in the future.
7. Procedures for making available to the partners of court mandated program participants, upon request, information on the participants' registration, attendance, dismissal, or completion of the program.
8. No partner shall be mandated or coerced into any treatment or programming as a result of her seeking redress for having been victimized.
11.4 WITH COUNTY DOMESTIC VIOLENCE TASK FORCES
Each program will participate in its local county Domestic Violence Task Force for the purpose of inviting endorsement, monitoring, networking, information sharing, support and furthering a coordinated community response.
Each program will develop an agency protocol for inclusion in the county's protocol. The protocol should cover, at a minimum:
· the program's philosophy; · the duration of the intervention program; · interagency referrals; · appropriate referrals for the partners of program participants; · communication with the partners of the program's participants, · the release of information about program participants to partners, the justice system and the Task Force; and · the Program's policies regarding violations of the Department of Corrections Statewide Standards for Batterer Intervention Programs.
An interchange of statistical data with Task Force member agencies and other allied services is necessary to assist all agencies in planning for future needs, standardizing terminology, and sharing pertinent data on individual participants and programs.
11.5 WITH THE COALITION OF BATTERER INTERVENTION PROGRAM AND IDAP PROVIDERS
61 The Coalition shall abide by the Department of Corrections Statewide Standards for Domestic Abuse Intervention.
Minimum standards for Coalition members should include, at a minimum:
1. A mission statement relating to the goals of partner safety and batterer accountability.
2. The acknowledgement and endorsement of the Department of Corrections Statewide Standards for Batterer Intervention Programs.
62 12.0 ROLE OF THE DEPARTMENT OF CORRECTIONS
12.1 DEFINITION OF LEGAL STATUSES
Judges considering sentencing options on domestic violence cases will have three choices. They will have the traditional alternatives of probation or incarceration and they will have the new choice of the intermediate sanction program for offenders who meet Department of Corrections eligibility criteria. In a probationary sentence, offenders are given an incarcerative sentence that is suspended, and then probation supervision occurs until the offender has satisfied the conditions set by the Court. Supervision generally continues until the Department of Corrections assures the Judge that the conditions have been met and the Judge orders a discharge. If the offender fails to complete probation conditions, he goes through a violation court process where some or all of the sentence may be imposed. In an incarcerative sentence, offenders are given a minimum and a maximum sentence, which includes the ability to make furlough and/or parole prior to expiration of the sentence. In an intermediate sanction sentence, offenders are similarly given a minimum and a maximum sentence, but they are placed in the community on a pre-approved furlough. If the conditions of the sanction are satisfied incarceration is avoided; if not, the sentence is imposed, less the amount of time already transpired. Domestic Violence cases will get the risk management services of the Department of Corrections. In the correctional facilities they will be offered whatever intervention services are available (i.e., the Cognitive Self Change Program for violent offenders, if eligible; and batterer intervention programs where available). Felony violent offenders with a year minimum or more are required to complete the first two phases of the Cognitive Self Change Program before they can reach community release. In community based settings domestic violence cases will be supervised by Domestic Violence Team Members (CSSs and Correctional Officers) and they will be required to participate in intervention programs prescribed for the sentence status in which they are placed.
Offenders sentenced to probation will minimally be required to complete an approved Batterer Intervention Program. Offenders sentenced to an intermediate sanction will minimally be required to complete the program components of the Intensive Domestic Abuse Program (IDAP), i.e., the IDAP Batterer Intervention Program and the Cognitive Self Change Domestic Violence program.
12.2 INFLUENCING THE SENTENCING DECISION
The Court and Reparative Services Unit (CRSU) is the Department of Corrections unit charged with influencing the sentencing decision. The CRSU Supervisor and staff have the responsibility of educating and constantly reinforming the judges, state's attorneys, and defense attorneys about the sentencing options and programs that are available. The CRSU Supervisor can and should be contacted
63 for informal sentencing recommendations. In many felony cases the judge will order a Presentence Investigation (PSI) and whenever an intermediate sanction is being considered an Intermediate Sanction Report (ISR) must be ordered. ISRs are completed by the CCSC, ideally domestic violence program team members. PSIs are completed by the CRSU, but final recommendations should be staffed with the CCSC domestic violence program team. These are both opportunities for the DOC to make appropriate sentencing recommendations and to assure the existence of desired conditions of supervision and programming, and to assure that all parties to the sentencing are clearly informed of all expectations. Victim input, if desired by the victim, and victim impact should always be given careful consideration. The DOC can also be an influence to avoid, whenever possible, the unnecessary water- down effect of plea agreements.
12.3 VICTIM PROTECTION - CONTACT GUIDELINES AND COLLABORATION
Throughout this document one will discover a highlighted emphasis on victim protection as the paramount goal. In terms of the Department of Corrections' role, staff can be good at referring to quality intervention programs or even be involved in their delivery. Staff can be good at close supervision and holding offenders accountable. But if victim protection is not given sufficient attention, DOC's best efforts can ignore or even instigate increased risk for the victim. It is critical that DOC staff receive quality training and be thoroughly aware about the dynamics of domestic violence. Staff cannot afford to be lenient or laissez-faire in these cases, but at the same time, they need to be very sensitive to situations when strictness and/or confrontation could enhance the danger to a victim. Staff must learn and maintain a high degree of respect, patience, tolerance and sensitivity toward the victim. They must learn fully the sometimes frustrating dynamics of why victims stay in abusive relationships. They must refrain from victim blaming and learn the subtle and overt ways in which inappropriate blaming can be manifested. They must understand the often abusive and/or retaliatory nature of obtaining mutual restraining orders or charged mutual assaults and learn not play into them. These guidelines require that local DOC operational units and all domestic abuse intervention programs develop close working relationships with local Network Programs (victim advocacy organizations). Among the most important reasons for this goal is to acknowledge and utilize their expertise in advocating for victim protection and safety and to give these agencies maximum input into the method and content for victim contact. Protocols are to be established that outline general procedures for contact in consideration of circumstances where the victim may or may not be using the services of the Network Program. Flexibility must be written into protocols that allows for case specific planning with regard to victim contact. Some batterer intervention programs estimate that as many as 75% of the victims of men in their programs are not connected with Network Programs. Victims' reasons vary widely, but some to be aware of are that actively abusive men do not want their partners involved with these organizations, and that programs for victims of abuse are necessarily "offered" as opposed to "required." As frustrating as it may be at times, being a victim is NOT against the law. Consequently helping agencies aim to provide support and empowerment and are very careful about being still another controlling source in the life of the victim.
64 Especially given the fact that the victims of many convicted domestic abusers are not involved with Network Program Agencies, the DOC role can be very important. Again it's important to emphasize the importance of Network input into the general and case specific practices of victim contact. Having said that, the victim is not a DOC client and cannot be forced, nor should she be, to have contact with DOC staff supervising the perpetrator of her abuse. However, in cases where the offender is being obstructive, DOC staff can require victim access on an immediate or regular basis to assure her safety. When there IS victim access, DOC staff can observe first hand, offender progress and victim safety, but should never relinquish a healthy degree of skepticism. Never forget the saying, "it's too good to be true!" In the context of the necessary releases of information, facts and impressions can be shared with the leaders of intervention programs and the Network Programs working with the victim, specifically or not. DOC staff can refer to appropriate services if the victim is interested and willing. In some cases DOC staff may be the only professional "allowed" in, and thus may have the only opportunity to assist the victim with safety planning. Otherwise, they can be a resource for safety planning even if Network Program staff are involved. Always it is important to empower the victim as much as possible. The victim should NEVER be pumped for information. If the victim chooses to give information, how information could or would be used should be made explicit in advance and the boundaries of confidentiality should be made clear. It can be helpful to describe some of the realistic possibilities of the intervention programs, but it's always necessary to discuss the limits of the programs and the absence of any guarantees.
When there is no victim access, either because of the offender's unwillingness and/or the victim's, it begs skepticism and carefulness. Consideration should be given to the appropriateness of expressing this skepticism openly and the possibility of encouraging or prodding contact. In any event, supervision should be planned accordingly, and information should be shared and received, where appropriate, with law enforcement, Batterer Intervention Programs and Network Programs. Whether there is a relationship with the victim or not, the Department of Corrections has the responsibility to arrest or apprehend a domestic violence offender when there has been a new assault or threat. The Department also must hold offenders accountable to all conditions of their status and violate and/or sanction all failures to comply. Whenever these situations involve considerations for victim safety, victim contact is essential, again within guidelines prescribed by protocol. In summary, the Department of Corrections can be a major contributor in the overall intervention with domestic violence. DOC staff can have significant influence, do have strong leverage, and have the power and responsibility to provide the most immediate or timely response in terms of offender accountability. Victim safety is often directly dependent on how the Department of Corrections does its job.
*See Chapter on Collaboration Guidelines
12.4 DOC PERSPECTIVE ON BATTERER CHARACTERISTICS
The New Hampshire Department of Corrections has developed a Policy and Procedure Directive that includes an excellent description of batterer characteristics.
65 "Typically, domestic violence perpetrators share all the attributes of high risk, chronic offenders as well as the following:
1. The abuse for which they are placed under supervision may constitute their first criminal arrest; however, the abusive behavior has usually occurred over a period of years. It is ingrained behavior which the perpetrator denies but clearly has control over.
2. They do not share the police, prosecutor's or the court's view that what they did was criminal. They rationalize and minimize their behavior, blaming their victim or the police for interfering in a "family matter."
3. Alcohol or drug abuse is not the cause of their abuse but many domestic violence perpetrators suffer from alcohol or drug abuse which further inhibits both their ability to control their behavior and to respond to therapy." * * Refer to Adjunctive Treatment section of BIP and IDAP: substance "disinhibition" is more importantly considered an excuse with regard to domestic violence and "control of behavior" is viewed as a choice.
4. "They have easy access to their victims. The victim's whereabouts will be known by the abuser unless the victim has sought sanctuary in a shelter or has found a place to hide. Additionally, the abuser will know where their victim lives, works, shops and spends most of their time.
5. The victim may be unable or unwilling to separate from their abuser. They may blame themselves for their own abuse, reinforcing their abuser's rationalization and abusive behavior. They may believe that they can work out their problems together.
6. Even if victims want to leave the abuser, they have a strong emotional bond to the perpetrator and want the abuse to end, not the relationship. As a consequence, they may decide to stay, may stay for the sake of the children, or they may be economically unable to leave. The abuser may have threatened harm to the children or threatened to cut them off from support if the victim leaves.
7. As the supervising Probation / Parole Officer it may be difficult to understand the victim's unwillingness or inability to detach themselves from the abuser. (The phenomenon surrounding this trait is often described as "battered women's syndrome" ....)
8. Most batterers will try to befriend the supervising officer and will frequently share confidences. Upon close analysis the motivation for this friendship will always be the same: to convince the supervising officer that it is the victim's fault and the victim should be blamed. In those instances, the supervising officer should reinforce the offender's culpability. The batterer's behavior is criminal and they should be constantly reminded of that fact."
12.5 INTAKE AND CASE ASSIGNMENT
66 Timely intake and case assignment have obvious implications for public safety in domestic violence cases. In cases where the DOC has prepared a Presentence Investigation or an Intermediate Sanction Report, groundwork should be laid for having the convicted offender report for intake and case assignment. As this can be planned in advance, the intake should occur on the date of sentencing or the next working day. The case assignment in the Community Correctional Services Center (CCSC) should also occur no later than the next working day. This should include an initial meeting with the assigned Correctional Services Specialist (CSS) or designee. This level of advanced planning is usually not possible for offenders sentenced to probation, unless a PSI has been ordered. But it can be when offenders are already being supervised by the DOC. In any event, Court and Reparative Services Unit (CRSU) Supervisors should construct protocols in their offices and with the Court for timely reporting for intake and movement of cases to the CCSC for case assignment. It is strongly suggested that probation intake also occur on the date of sentencing or the next working day, followed by immediate case assignment in the CCSC, if warranted. There must be a CRSU / CCSC protocol for timely initial assessment in order to respond immediately to obviously volatile cases.
12.6 ASSESSMENT AND CASE PLAN DEVELOPMENT
The groundwork for assessment and case plan development is largely accomplished in cases where a PSI or an ISR have been completed. Otherwise the process begins with an intake and an initial meeting with the assigned CSS. Current practices for formal assessment and case plan development will be followed with the understanding that these practices will be modified with the implementation of the Offender Case Management System (OCMS). Also note that the DOC does not currently have a risk assessment tool designed for domestic violence but is engaged in a research process aimed toward that goal. This section will address a few issues that may be specific to domestic violence cases. The overriding concern is the timeliness issue. In the aftermath of criminal justice intervention points,most notably an arrest, but also after a sentencing, there may be elevated stress and the heightened possibility for the reoccurrence of violence. It is critical to assess the need, the urgency of the need, and even act before the development and writing of the formal case plan. The cautious development of initial supervision strategies may be critical to victim safety. This may include consultation with the Network Program and/or the victim with regard to defining initial safety measures. The immediate referral, scheduling of an interview, and acceptance into a batterer intervention program may be desirable. There could be a need for immediate referral to other services. Intensive substance intervention services for an offender who's actively using, is probably the most common example. All of these expedited decisions need to be accompanied by case management coordination and the necessary releases of information. In cases where the needs do not appear to be so urgent the same tasks will need to be accomplished, just at a less prioritized pace. In all cases there will be a need to manage collateral information from the victim and/or Network Programs, the Batterer Intervention Program, all program components of the
67 Intensive Domestic Abuse Program (IDAP), if enrolled, and all other intervention programs to which the client is referred. There will also be DOC Correctional Officers lending supportive supervision and monitoring accountability in the community. In addition, the CSS will be meeting regularly with the offender to support, counsel, positively reinforce and to hold the offender strictly accountable when necessary. All offender contact will be prescribed and continuously adjusted according to the DOC Policy on Contact Standards for Field Services.
12.7 OFFENDER ACCOUNTABILITY
Victim safety and the related need for offender accountability are a very high priority in all aspects of the Department of Corrections response to domestic violence. The DOC is taking a zero tolerance approach to violation behavior. In its Program design the DOC has made the policy statement quoted below with regard to probation status. Additionally it has advocated with the Domestic Violence County Task Forces, inviting the county task forces to endorse this protocol with the explicit and specific participation of the state's attorney and the district court judge.
12.71 PROBATION:
"Unless the offender is arrested by law enforcement authorities on a new charge, the Department will seek or authorize the immediate arrest of any probationer who is believed to have violated probation for the following reasons: assaulting or threatening a domestic partner or other victim, violating a restraining order, or any other condition designed to secure the safety of the victim or potential victims. In the event law enforcement has arrested a probationer on a new charge for assault on a domestic partner and/or victim, the Department will also file a violation of probation. The Department of Corrections and the state's attorney will recommend to the court that the offender charged with a probation violation for threatening or assaulting a domestic partner and/or victim be held without bail. The court holds a merits hearing on a violation of probation for domestic abuse cases involving an allegation of violence or threats of violence against a domestic partner or victim/s within ten days of arraignment. When an offender remains in denial or fails to attend, participate in, or complete a batterer intervention program, the Department will bring a violation of probation."
When an offender fails to participate satisfactorily or complete as mentioned in the last paragraph,"warning citations" 30 or 60 or 90 days ahead are sometimes an effective tool. On the other hand, "flash citations" are an effective method for getting an offender back in front of the judge quickly without absorbing the cost of arrest and incarceration when it is not necessary.
12.72 INTERMEDIATE SANCTION (IDAP / INTENSIVE DOMESTIC ABUSE PROGRAM)
68 In its Program design the DOC has made the policy statement quoted below with regard to intermediate sanction status:
To meet the goal of victim protection: "Immediate furlough violation for failure to participate in any aspect of the Intensive Domestic Abuse Program; assaultive, threatening, or intimidating behavior towards victim/domestic partner."
Furlough violations for assault or threats of assault would result in loss of intermediate sanction status i.e., sentence converts to a conventional sentence to serve. Offenders would be considered for furlough and/or parole as if they were incarcerated in the first place. If they are convicted of felony violence they would be required to participate in the Cognitive Self Change Program for Violent Offenders to earn a release plan that would include the community release phase of that program plus the Batterer Intervention Program available in the community. While furlough violations for failure to satisfactorily participate could ultimately result in loss of intermediate sanction status, the Department has disciplinary sanctions and a graduated sanctioning system available that attempt to bring about the desired result short of reversion to an incarcerative sentence.
Offender supervision in both statuses should include regular collateral contacts with law enforcement to check police logs for any contacts that could be related to domestic problems. Also the statewide Relief from Abuse Order database should be checked for new, amended, or dismissed orders.
12.8 DISCHARGE CRITERIA
Discharge from the various legal statuses would be governed by the sentence itself and the Department of Corrections policy on Program Completion. For a probationer to be recommended for discharge the offender must be under DOC supervision for at least 6 months and no more than 18 months, AND be under DOC supervision for at least one half the sentence minimum, AND have completed Court and/or DOC required programs. For most domestic violence probationers this will mean completing a batterer intervention program and any other required programs. The Department should assure victim notification and it should assure that fees are paid to providers prior to recommending discharge. The district court judge ultimately makes the discharge decision. Discharge for an intermediate sanction case is a recommendation for parole. For IDAP offenders it will be necessary to complete at least their minimum sentence AND at least the intensive phase of the program. If they are in the Aftercare portion of the program it is up to the judgement of DOC staff whether to recommend parole or not. Victim input should be included as directed in Department policy on parole recommendation requirements. In any event, the recommended parole plan must include completion of Aftercare, any appropriate conditions needed for safe supervision through the expiration of parole, and any outstanding fee payment. Discharge for an incarcerative offender is also a recommendation for parole. This recommendation will generally include successful completion of three phases of the Cognitive Self Change Program. It should include completion of any facility based batterer intervention programs that may be available
69 and participation in similar community based programs. Again victim input should be included as above. Even when the parole board grants parole prior to completion of all of these programs, as they have the prerogative to do, the DOC should recommend completion of these programs as conditions of parole. Again, appropriate conditions needed for safe supervision through expiration of parole and payment of outstanding fees should be recommended.
12.9 DOCUMENTATION
The maintenance of clear and thorough records is always important. Good documentation systems are helpful in terms of tracking client progress, assuring a complete chain of evidence when legal process becomes necessary, and in terms of case audits, program process and outcome evaluations. The expectation is that current standard operating practices will be adhered to and accordingly supervised and audited until OCMS is implemented. Additionally IDAP files will be expected to meet "Standards for Intermediate Sanction Files and Case Planning." These standards particularly reflect client contact quantity and content requirements for CSSs and Correctional Officers. Beyond the DOC documentation needs it is important that Managers, Supervisors and CSSs familiarize themselves with the documentation the DOC should expect from the various domestic violence intervention programs (e.g., program contracts, warning and termination letters, notice of program completion, etc.) and assume responsibility for requesting and obtaining the required documents if/when they are not forthcoming. 12.10 PROGRAM MARKETING AND EVALUATION
Program marketing has been an integral part of the Department of Corrections' initiatives on domestic violence from the beginning. The DOC did not want to develop new and/or improved responses to domestic violence in a vacuum. Starting at the earliest planning stages, presentations and discussions have occurred with Vermont Council on Family Violence and all of the County Domestic Violence Task Forces. In each of the Areas there have been additional meetings for input and feedback with judges, Network Program representatives, state's attorneys, defense attorneys and other criminal justice leaders. Program marketing will be an ongoing process during and following the implementation of these programs. The Court and Reparative Services Unit staff will maintain an ongoing role in terms of informing the criminal justice process about the sentencing options for domestic violence, both generally and with reference to specific cases. Additionally, each Community Correctional Services Center has designated a leader from its domestic violence program team to be an active member of its county task force and to act as a liaison with regard to distributing information and soliciting feedback. This marketing feedback loop is one critical source of evaluation of the Department's overall response to domestic violence. It is an explicit desired outcome that each County Task Force will invest interest and value DOC's domestic abuse intervention programs as an effective element of the community's response to domestic violence. The standards explicated throughout this document
70 become a measuring device for the DOC, the County Task Forces and others to use to see if the Department itself, and the programs it uses, are doing what they say they are doing. The standards are also subject to review and improvement. Finally the DOC will be developing and administering process and outcome evaluations that will be another resource for continuously improving the effectiveness of how we intervene with domestic violence perpetrators.
12.11 POSITION ROLES AND PROGRAM TEAM
Area Manager Ultimate responsibility for the operations and resources of Area facilities, marketing
Program Services Manager Ultimate responsibility for program development, implementation, and administration, contracting with providers when necessary, contract monitoring, adherence to standards, team development, program evaluation CCSC Superintendent Shared responsibility for implementation, responsibility for operations and resources, staff supervision, team development with PSM, adherence to standards
CRSU Supervisor Sentencing options education and and staff influence, timely intake, PSIs assigned to staff, staff supervision, adherence to standards
Casework Supervisor Casework supervision and audit, evaluate staff performance, ISR assignment and supervision, adherence to standards
Team Leader CWS or CSS, leader of program team, adherence to standards, direct service provision
Correctional Services Possible direct service assignment to Specialist Batterer Intervention or Cognitive Self Change Programs, Intermediate Sanction Reports, case plan development, case management, counseling, offender accountability, collateral contacts, team member, relapse prevention planning, adherence to standards
71 Correctional Officer Field contacts, supportive supervision, relapse prevention monitoring and feedback, alcocensor, urinalysis, electronic monitoring, offender accountability, role modeling, adherence to standards
Volunteers Roles as recruited and assigned based Program Team need identification consistent with DOC goals regarding volunteers in intermediate sanction programs, adherence to standards
Treatment Team Staff focus on domestic violence case- load (Assigned CSSs, COIIIs, service delivery staff, volunteers), PSI and ISR staffing and recommendations, case reviews, problem solving, supervision strategies, program planning, training, VOP review and recommendations, peer support, caseload backup system, graduated sanctions, information sharing, adherence to standards
12.12 SPECIAL CONDITIONS
PROBATION SPECIAL CONDITIONS
1. You shall abide by Temporary / Final Relief from Abuse Orders issued by Vermont Family Court. 2. You shall attend, participate in and complete a DOC recognized Batterer Intervention Program. 3. You shall not purchase or drink any alcoholic beverages and not have any in your possession. 4. You will submit to a urine screen or alcocensor test at the request of a duly authorized agent of the Department of Corrections. and if appropriate:
4. You shall reside where directed. 5. You shall attend and participate in alcohol screening, counseling, treatment and rehabilitation as directed by your probation officer and complete same to the full satisfaction of your probation officer 6. You shall allow the alcohol services program to disclose to the probation officer and to the court, information about your attendance and participation in the program.
72 7. You shall participate in any residential treatment program as directed by your probation officer and complete the same to the full satisfaction of your probation officer 8. Restitution shall be made as follows...... 9. You shall have no contact with the victim or no contact with the victim without the approval of your probation officer and other individually tailored conditions needed to protect the victim.
INTENSIVE DOMESTIC ABUSE PROGRAM SPECIAL CONDITIONS
Include all of above as appropriate, plus:
10. You shall follow the provisions of your case plan as it pertains to the treatment program and its requirements. This will include the Batterer Intervention Program, the Cognitive Self Change Program for Domestic Violence, and other programs or activities identified in your case plan. 11. You shall attend all program groups unless excused by your CSS and participate to the full satisfaction of your CSS. 12. You shall have no contact with the victim or contact with the victim will be allowed as directed by the IDAP Program.
73 APPENDIX A
IDENTIFYING AN ABUSER'S RISK FACTORS
RELATIONSHIP HISTORY __ Abuser has caused life-threatening injury.
__ Increased frequency of cycle of violence. __ Abuser has threatened to use weapons against Police involvement in prior year. the victim.
__ Increase in severity of injuries inflicted; victim __ Abuser has threatened to &/or has killed or needed medical treatment. maimed pets.
__ Abuser has threatened homicide or suicide. __ Abuser has raped victim.
__ Abuser has verbalized or acted out fantasies or __ Abuser beat victim while she was pregnant. plans to commit homicide or suicide. __ Abuser physically or sexually abused a child. __ Abuser has used weapon or marital arts.
74 __ Victim very isolated; abuser sharply restricts social &/or family contacts.
__ Victim has threatened to commit suicide.
__ Recent unwanted separation. Victim obtained Abuse Order or filed for divorce.
__ Change in custody arrangements limiting access to children & partner.
__ Ex-partner has entered a new relationship.
75 CHARACTERISTICS OF THE ABUSER __ Increased risk-taking: has begun to act without __ Abuses alcohol/drugs: “uppers,” speed, angel regard to legal or social consequences which dust, amphetamines, cocaine, “crack,” street previously constrained his violence, e.g., more drugs, heroin, etc., or recently returned to serious violence, injuring victim where injuries abusing after abstinence or being in a program. show, loss of job, drunk driving arrest, etc.
__ Extremely jealous, obsessed: “If I can't have __ Witnessed severe violence between parents you, no one will.” Monitors, stalks her. &/or was severely abused as a child.
__ Extreme male dominance or attempts to achieve __ History of employment or participation in such dominance. settings where violence was normalized, e.g., martial arts training, combat. __ Extreme isolation: no support systems or supportive others; she's central to existence. __ Psychiatric disturbance, including pronounced disorders such as delusions. __ History of violence with prior partners, family members &/or outside the family; history of SITUATIONAL FACTORS prior violations of Abuse Orders. __ Presence of weapons. __ Depression; expressed hopelessness about the future, unable to see alternatives to violence. __ Access/proximity to victim.
APPENDIX B
COMMON CRIMES FOUND IN THE CONTEXT OF DOMESTIC VIOLENCE
Felonies
13 V.S.A. § 1043 First degree aggravated domestic assault 13 V.S.A. § 1044 Second degree aggravated domestic assault 13 V.S.A. § 1030 (b) Violation of domestic abuse order 13 V.S.A. § 1024 Aggravated assault 13 V.S.A. § 3252 Sexual assault 13 V.S.A. § 3253 Aggravated sexual assault
76 13 V.S.A. § 1063 Aggravated stalking 13 V.S.A. § 2601 Lewd and lascivious conduct 13 V.S.A. § 2602 Lewd and lascivious conduct with a child 13 V.S.A. § 2405 Kidnapping 13 V.S.A. § 2406 Unlawful restraint in the second degree 13 V.S.A. § 2407 Unlawful restraint in the first degree 13 V.S.A. § 3705 (d) Unlawful trespass 13 V.S.A. § 1201 Burglary 13 V.S.A. § 2451 Custodial interference 13 V.S.A. § 1701 Extortion 13 V.S.A. § 2903 Attempt to suborn 13 V.S.A. § 3701 (a) Unlawful mischief 13 V.S.A. § 3015 Obstruction of justice 13 V.S.A. § 3001 Impeding public officers
Misdemeanors
13 V.S.A. § 1042 Domestic assault 13 V.S.A. § 1030 (a) Violation of domestic abuse order 13 V.S.A. § 1023 Simple assault 33 V.S.A. § 6913 Abuse, neglect, exploitation of elderly or disabled adults 13 V.S.A. § 1062 Stalking 13 V.S.A. § 3705 (a),(c) Unlawful trespass 13 V.S.A. § 1026 Disorderly conduct 13 V.S.A. § 1025 Reckless endangerment 13 V.S.A. § 3701 (b) Unlawful mischief 13 V.S.A. § 1022 Noise in the nighttime 23 V.S.A. § 1091 (b) Reckless driving 13 V.S.A. § 1027 Harassing/threatening phone calls 13 V.S.A. § 403 Cruelty to animals
77