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Victim-Focused SAVIN Enhancements Kathy Gattin, AR; Kimberly Knapp, WI; Marc Peoples, MO; Travis A. Fritsch, KY SAVIN Measures: Goal To increase attendees’ awareness about the: Purposes of SAVIN measures Performance measures set forth by funding sources Capabilities of Computer Assisted Telephone Opportunity for collaborative information-sharing with SAVIN conference attendees The Arkansas VINE System & Enhancement for Sex Offender Notifications Kathy Gattin Reasons for Enhancing the AR VINE System The Arkansas (AR) VINE Program is an open, anonymous system that can deliver automated notifications using a registrant’s contact information (phone number or email address) and a PIN number. Notifications are currently based on custody status changes for an offender in a correctional facility, under supervision, or in local county or municipal jails. The AR VINE program does not include community based notifications and information regarding the risk-level assigned to a sex offender, or the offender’s proximity to daycares, residences, or schools. Community notifications pertaining to sex offenders are largely dependent on local law enforcement agency resources allocated for this purpose. Registered sex offenders in AR are assessed, monitored, and documented by three different state agencies, and over 200 local law enforcement agencies within our state. The division of responsibility involved in the sex offender tracking process inhibits the ability to electronically share data between the multiple agencies involved --- and creates a barrier for providing accurate, and updated community notifications to increase public safety and awareness. Enabling Legislation and Funding Act 12-12-1201 authorized the Arkansas Crime Information Center (ACIC) to develop and operate a computerized statewide victim notification system. VOCA funding provided the startup costs for the AR VINE Program approximately 10 years ago. Act 12-12-1202 outlines the notification events that are included at the present time in the AR VINE Program: escape, clemency, transfer hearings, release, parole, sentencing, transfer, furlough, work release, and death. Arkansas has provided all funding for the victim notification system since 1999. A SAVIN award, received in 2007 from BJA, will provide the funding for enhancements proposed for the state’s offender release notification system, AR VINE. Collaborative Efforts Benefit All Through a cooperative effort between the AR Department of Correction, the AR Department of Community Correction, and the AR Crime Information Center, the existing interface between the electronic offender management information system (eOMIS), and the statewide notification system (VINE), will be enhanced to: 1. Expedite the process of sharing analysis and risk assessment levels on sex offenders. 2. Provide immediate, up to date notifications and information, to the public on sex offenders residing at the community level via the official state sex offender registry website, and the automated statewide notification system. Additional funding for the AR SAVIN Project, can provide further enhancements on sex offender notifications, by creating the ability for local law enforcement agencies in 75 counties to enter sex offender registrations electronically, and deliver automated notifications to specific communities. Mental Health Adjudication Notifications Kimberly Knapp, Supervised Release Program Manager Sand Ridge Secure Treatment Center, Maustom, WI Types of Notification for Civil Commitments Sexually Violent Persons Not Guilty by Reason of Mental Disease or Defect (NGI) Committed at the end of their sentence through a civil process Committed early in the Criminal Justice Process Requires a Closed System for these Notifications General public is NOT entitled to information related to the civil commitment Sexually Violent Persons Types of Victim Notification Supervised Release Discharge Law Enforcement Notification Special Bulletin Notification to Law Enforcement LE sets level of community notification Not Guilty by Reason of Insanity (NGI) Notification to Victims Conditional Release Discharge Need for Improvement 200 defendants committed each year Very few victims utilize current notification system To date 199 victims have signed up for notification Automation may streamline this process Better notification Increased access for crime victims Victim-Focused SAVIN Enhancements: Juvenile Offender Notifications Marc Peoples, Program Manager, Office for Victims’ Rights Missouri Department of Public Safety Juvenile Victim Notification Requirements Missouri Section 595.209 - Rights of Victims & Witnesses 595.209 sets out the rights of victims of the following crimes: Dangerous Felonies listed in 556.061,RSMo" Murder 1st degree as listed in 565.020,RSMo: Voluntary Manslaughter as listed in 565.023,RSMo: Any attempt to one of the above crimes: 595.209 also provides that victims are afforded the following rights if the victim requests it in writing. (1) For victims, the right to be present at all criminal justice proceedings at which the defendant has such right, including juvenile proceedings where the offense would have been a felony if committed by an adult, even if the victim is called to testify or may be called to testify as a witness in the case; Juvenile Victim Notification Requirements Missouri Section 595.209 (5) The right to be informed by the appropriate juvenile authorities or the custodial authority of the following: The status of any case concerning a crime against the victim, including juvenile offenses. The right to be informed by juvenile authorities of the availability of victim compensation assistance, assistance in obtaining documentation of the victim's losses, including, but not limited to and subject to existing law concerning protected information or closed records. Any release of such person on bond or for any other reason Within twenty-four hours, any escape by such person from the division of youth services or any agency thereof, and any subsequent recapture of such person. (6) The right to be informed by juvenile authorities: Probation revocation hearings and the right to be heard at such hearings. Juvenile Victim Notification Requirements Missouri Section 595.209 (7) For victims and witnesses, upon their written request, the right to be informed by the appropriate custodial authority of, including the division of youth services or agency thereof if the offense would have been a felony if committed by an adult: The projected date of release of such person: Any release of such person on furlough, work release, trial release, electronic monitoring program, or to a community facility or program or release for any other reason, in advance of such release: Within 24 hours, any escape by such person from the division of youth services or any agency thereof, and any subsequent recapture of such person. Any decision by a juvenile releasing authority or any decision by the governor to commute the sentence of such person. Court Event Notifications Order of Protection Notification Services (OPNS) Firearm Alerts Ms. Travis A. Fritsch, Mary Byron Foundation Mr. Ken Ogden, AR Dept. of Community Corrections Court Event Notifications Benefits Outbound Inbound Keeps crime victims informed about the progress of their cases through the justice system Makes it easer for victims/witnesses to obtain up-to-date information Types Case status Hearing dates, locations Registration for automated notification Differences in Court Orders* Protective Orders* 24/7 access No attorney No fees Central repository Known to police Enforceable by police and courts Restraining Orders* Business hrs access Attorneys Fees No central repository Not known to police Only enforceable by the courts—after an attorney files a motion to be heard on violation Remember, the names of these orders vary by state, territory. Please note the differences in functions in your jurisdiction! Basic Protective Order Process Step 1. Victim petitions for relief Step 2. Temporary, emergency order or summons to a hearing is issued Step 3. Service of Order Step 4. Court Hearing Step 5. Permanent Order issued Possible amendments/violations Step 5. Order expires PROTECTIVE Orders (?) Are protective orders effective in enhancing the safety and well-being of adult and child domestic violence victims? How are protective orders made effective in reducing the risk of further harm to domestic violence victims? Standardization of forms and protocols Accurate and timely information-sharing Prompt, consistent and fair enforcement Points of Concern Victim risk increases (and risks to others) Protection of victim safety, privacy, confidentiality Order unenforceable w/o notice/service on RESP Limited access to order status by PETITIONER 1. 2. 3. 4. 1. 5. 6. 7. (Service & other notifications = important to victim and officer/court safety, enforcement of court orders, firearm restrictions, alert to violations) PET unaware of abuser’s attempts to amend or dismiss orders Remembering order expiration Full faith and credit enforcement Victim Safety Issues Victim’s risks are increased @ service/notice Protective orders are not enforceable until served Victims lack access to info critical to their safety Rarely contacted about service—esp. ‘real-time’ info Limited information about status of orders Not notified about expiration of full orders Officers/judges lack information to enforce orders Guiding principles = Victim safety, confidentiality and autonomy Proposed Technology Solution Step 1. Order information captured electronically Step 4. Notification triggered immediately following service of order Step 2. Victim registers for notification Step 5. Notification continues until delivered to victim Step 3. Current order status becomes available via phone or web Step 6. Notification tracking Human Factors 24/7 Operators/Victim Service Representatives Scripting or voice recordings Central victim service referral –all calls Ensure seamless connection vs. victims making multiple calls 24/7 Technical Operations or Support Center Feedback for problems, enhancements, and assessment All of these trained professionals, with advocates, become additional voices for victims Firearm Alerts Firearm prohibitions (Fed, State) Felony convictions Misdemeanor DV convictions Ex parte protective order directive of court Mental health adjudications Cautions! False sense of security Avenues to secure firearms Authorized dealers ALL OTHER Data reliability &timeliness Full confiscation Notification Types Attempt to purchase Confiscation information Victim-Focused SAVIN Enhancements Open Collaboration Opportunity Full Panel & Conference Attendees In Memory of . . . Mary Byron Bertie Jefferson BJ Jacobs Officer Bobby Palmer Cammie Pigman Oease Cornett Deputy Regina Nichols Linda Culp Lt. Brenda Cowan Officer Eddie Mundo, Jr Karen Duncan