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 ManagerSand Ridge Secure Treatment Center, Maustom, WI

Types of Notification for Civil Commitments Sexually Violent Persons

Committed at the end of their sentence through a civil process

Not Guilty by Reason of Mental Disease or Defect (NGI) 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’ RightsMissouri Department of Public Safety

Juvenile Victim Notification RequirementsMissouri 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 NotificationsOrder of Protection Notification Services (OPNS)

Firearm Alerts

Ms. Travis A. Fritsch, Mary Byron FoundationMr. Ken Ogden, AR Dept. of Community Corrections

Court Event Notifications Benefits Outbound

Keeps crime victims informed about the progress of their cases through the justice system

Inbound 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!

Step 2. Temporary, emergency order or summons to a hearing is issued

Step 5. Permanent Order issued

Possible amendments/violations

Step 5. Order expires

Basic Protective Order Process

Step 4. Court Hearing

Step 3. Service of Order

Step 1. Victim petitions for relief

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 Concern1. Victim risk increases (and risks to others)2. Protection of victim safety, privacy, confidentiality3. Order unenforceable w/o notice/service on RESP4. Limited access to order status by PETITIONER

1. (Service & other notifications = important to victim and officer/court safety, enforcement of court orders, firearm restrictions, alert to violations)

5. PET unaware of abuser’s attempts to amend or dismiss orders

6. Remembering order expiration7. 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

Step 4. Notification triggered immediately following service of order

Proposed Technology Solution

Step 1. Order information captured electronically

Step 2. Victim registers for notification

Step 3. Current order status becomes available via phone or web

Step 5. Notification continues until delivered to victim

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 AlertsFirearm prohibitions (Fed, State) Felony convictions Misdemeanor DV convictions Ex parte protective order

directive of court Mental health adjudications

Notification Types Attempt to purchase Confiscation information

Cautions!

False sense of security

Avenues to secure firearms Authorized dealers ALL OTHER

Data reliability &timeliness

Full confiscation

Victim-Focused SAVIN EnhancementsOpen 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