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STATE OF ARIZONA
JANET NAPOLITANO OFFICE OF THE GOVERNOR MAIN PHONE: 602- 542- 4331
GOVERNOR 1700 WEST WASHINGTON STREET, PHOENIX, AZ 85007 FACSIMILIE: 602- 542- 7601
June 3, 2004
Dear Community Members, Policy Makers, and Advocates:
The crimes of domestic violence and sexual assault have far reaching consequences in
communities, affecting children and families throughout the State. We must begin to address the
unmet needs of the victims and the children, and we must do more to both prevent abuse and
hold offenders accountable for their crimes.
In Arizona today, 2 out of every 3 women who seek shelter will be turned away, a child
will witness domestic violence every 36 minutes, and nationwide, a woman will be raped every
two minutes. These are all reasons why I directed my Commission to Prevent Violence Against
Women to develop the State Plan on Domestic and Sexual Violence. This blueprint will assist
with identifying ways to improve Arizona’s response to these public health and safety issues.
I am grateful for the hard work and dedication of those who helped to create this State
Plan. However, documents like this get created every year with the best of intentions, but wind
up collecting dust on bookshelves. Now we must roll up our sleeves and get to work on some
very tough issues that will take significant leadership from all areas of the community, including
the courts, law enforcement, social services, business leaders, elected officials, and clergy. I want
to encourage every citizen to familiarize him or herself with this important State Plan and join
me in working to end violence against women in Arizona.
Yours very truly,
Janet Napolitano
Governor
2 The State Plan on Domestic & Sexual Violence:
Introductory Letter from Governor Janet Napolitano 1
Contents 3
Executive Summary 5
Chapter 1: Defining the Problem 11
Chapter 2: Arizona’s Response 17
Chapter 3: Prevention/ Early Intervention 21
Recommendations
Chapter 4: Victim Services/ Crisis Response 25
Recommendations
Chapter 5: Criminal Justice Recommendations 31
Chapter 6: Offender Treatment and Accountability 35
Recommendations
Chapter 7: Sexual Violence Recommendations 39
Chapter 8: Data Collection Recommendations 43
Chapter 9: Children Who Witness Domestic Violence 47
Recommendations
Chapter 10: Implementation Process 53
CONTENTS
A Guide for Safety & Justice in Arizona - June 2004 3
Appendices 55
A Contributors to The State Plan on 57
Domestic and Sexual Violence:
A Guide for Safety and Justice in Arizona
0 Governor’s Commission To Prevent 57
Violence Against Women
0 Advisory Board 59
0 Committee Members 59
0 Governor’s Office for Children, 65
Youth and Families,
Division for Women Staff
B A Timeline of Key Events in the History of 67
Domestic and Sexual Violence ( 1970s – 2000s)
C Myths and Facts about Domestic Violence 71
D Glossary of Terms and Acronyms 73
E Arizona Revised Statues for 77
Domestic Violence and Sexual Assault
F References 91
4 The State Plan on Domestic & Sexual Violence:
Domestic and sexual violence are crimes of power and
control, and they are public health and safety issues
occurring in epidemic proportions in our country. One in
three Arizona women will be a victim of domestic violence.
One in five women will be sexually assaulted in her lifetime.
The implications of domestic and sexual violence extend
beyond individual families, to workplaces and entire
communities. Of particular concern is the negative, long-term
impact on the millions of children who witness violence
every year.
In 2003, Governor Napolitano charged the Commission to
Prevent Violence Against Women with the task of creating a
State Plan on Domestic and Sexual Violence. Subcommittees
were formed around the following subject areas:
0 Prevention/ Early Intervention
0 Victim Services/ Crisis Response
0 Criminal Justice
0 Offender Treatment and Accountability
0 Sexual Assault
0 Data Collection
Subcommittee membership was open to the public, and
participants included Commissioners as well as individuals
with expertise in each subject area from around the state.
This document is the result of months of input by more than
150 people. Each subcommittee generated recommendations
and submitted those with the highest priority to the
Commission.
The State Plan consists of over 50 broad reaching
recommendations, including 13 that have been separated into
a special Children's Chapter that specifically addresses the
needs of children who witness domestic violence.
Executive Summary
Executive
Summary
The State Plan on
Domestic and Sexual
Violence: A Guide for
Safety and Justice in
Arizona
A Guide for Safety & Justice in Arizona - June 2004 5
To ensure that the State Plan will become reality, the Governor
has asked the Commission to prepare for the process of
implementation design.
Implementation strategies and action plans will be developed
that can be applied to the various parts of the system such as
law enforcement, the courts, social services and health care. By
working together to implement these recommendations,
Arizona will be able to make significant progress towards
ending violence against women.
Prevention/ Early Intervention
0 Identify families at risk via points of regular contact
( schools, medical, etc)
0 Increase prevention curriculum in education settings
0 Enhance the faith based response
0 Raise public awareness around elder and vulnerable
adult abuse
0 Encourage employers to provide public awareness and
information to employees
0 Develop a multi- lingual media public awareness
campaign
Victim Services
0 Increase availability of family advocacy centers and
sexual assault service provider centers statewide
0 Protect victims of domestic violence from eviction
0 Increase civil and criminal legal representation for
victims
0 Develop more appropriate services for specialized
populations, including immigrant victims
0 Create a forum for discussing systems changes for law
enforcement, the courts and judicial responses to
domestic and sexual violence
0 Strengthen coordination of SACT ( State Agency
Coordinating Team)
0 Determine best method of accrediting/ licensing
domestic violence shelters
Summary of Arizona
State Plan
Recommendations for
Domestic and Sexual
Violence
6 The State Plan on Domestic & Sexual Violence:
0 Promote VAWA’s statutes on battered immigrant
women
0 Improve coordination of basic needs resources
such as Housing, Food Stamps, TANF and SSI
0 Create a uniform, statewide, standardized
curriculum for cross disciplinary training
Criminal Justice
0 Identify and document children and vulnerable
adults at the scene of domestic violence incidents
and assess needs
0 Create cross- disciplinary training, procedures and
protocols subcommittee
0 Centralize access to abusers’ conditions of release
to ensure victim safety
0 Promote knowledge and enforcement of existing
stalking laws
0 Standardize procedures statewide for obtaining,
enforcing and serving Orders of Protection across
jurisdictions
0 Develop procedures, policies and protocols to
address the issue of dual arrest
Offender Treatment/ Accountability
0 Increase access to information on abusers by Law
Enforcement, Courts, Probation
0 Create task force to assess and improve offender
treatment programs
0 Increase sanctions for non- compliance of court
orders
0 Develop guidelines for judges in determining
offender treatment
0 Ensure that warrants for non- compliance are
served in a timely manner
0 Provide offender treatment to felony offenders
while still in prison
0 Support the implementation of the Department of
Defense Task Force recommendations on
domestic violence at AZ military bases
From July 2001
through June 2002,
27,678 women & children
requested shelter in
Arizona.
Shelter was available
for 32%
Shelter was not available
for 68%
Almost 2 out of 3
requests were unmet
68%
Unmet Need
32%
Received
Shelter
Arizona Department of Economic
Security & Department of Health
Services, July 2001- June 2002
A Guide for Safety & Justice in Arizona - June 2004 7
Type of Abuse
0 32% Physical
0 21% Economic
0 34% Verbal/
Psychological
0 13% Sexual
Arizona Department of Economic
Security & Department of Health
Services, July 2001- June 2002
32%
Physical
21%
Economic
34%
Verbal/
Psychological
13%
Sexual
8 The State Plan on Domestic & Sexual Violence:
Sexual Assault
0 Increase capacity of the sexual violence community
to provide services, promote prevention, conduct
trainings, and create public awareness activities
statewide
0 Increase victim access to comprehensive crisis
services
0 Develop a formal training network focused on
sexual assault issues
0 Repeal Spousal Sexual Assault statute from
Arizona Revised Statutes
0 Allow forensic exams for victims who are unsure
they want to file a police report
0 Amend the sex assault statute to include multiple
levels of sex assault to increase chances of
prosecution
0 Create sex trafficking task force
0 Support the military’s efforts to respond to
allegations of sexual violence and to prevent future
abuse
0 Increase awareness about the incidence of sexual
violence on Arizona college campuses and promote
appropriate responses
Data Collection
0 Support continued development of the Court
Protective Order Registry ( CPOR)
0 Support local development of the National
Incidence Reporting System ( NIBRS)
0 Encourage use of automated case management
tools by service providers to increase efficiency in
reporting and to assist in identification of gaps in
services
0 Increase prosecution of sex crimes through the Sex
Crimes Analysis Network ( SCAN) and the Violent
Criminal Apprehension Program ( VICAP)
0 Work with the medical community to enhance data
collection on the rate of domestic and sexual
violence experienced by their patients
0 Encourage fatality reviews in each region to
improve services and coordination
0 Support domestic violence service providers
inclusion on the Homeless Management
Information System ( HMIS) as long as it is safe
to do so
0 Develop and support technology that will allow
single data entry for multiple databases
Children Who Witness Domestic Violence
0 Develop screening and assessment procedures
and trainings on responding to domestic
violence in the Child Protective System
0 Create new joint service models in order to
respond to families experiencing domestic
violence and child maltreatment
0 Discourage the use of potentially dangerous
intervention in cases of domestic violence
0 Identify best practices for working with battered
women who maltreat their children
0 Create safe visitation and exchange sites
0 Develop bench book and training for family
court judges and personnel
0 Establish Training standards for custody
evaluators
0 Develop cross trainings on impact of domestic
violence on children
0 Develop a continuum of services to children who
witness violence
0 Promote coordination of law enforcement and
schools, day cares, and youth agencies to address
the needs of children who have witnessed
domestic violence
A Guide for Safety & Justice in Arizona - June 2004 9
10 The State Plan on Domestic & Sexual Violence:
Domestic and sexual violence are not only crimes, they are
public health and safety issues occurring in epidemic
proportions in our state and nationally. One in three women
will be a victim of domestic violence in her lifetime, and one in
five women will be a victim of sexual violence. As many
women will be affected by domestic violence this year as the
number of men and women who will have heart attacks. 1 As
significant public health and safety issues, both domestic and
sexual violence require that the state, public officials and the
public invest in finding a cure. The State Plan on Domestic
and Sexual Violence: A Guide for Safety and Justice In
Arizona is the first step in engaging all stakeholders in a
common vision to that end.
Domestic violence is defined as “ a pattern of
behavior used to establish power and
control over another person through fear
and intimidation, often including the threat
or use of violence.” 2 Domestic violence
includes physical abuse, sexual abuse, and
emotional/ psychological abuse. The goal of
all forms of domestic violence is to
intimidate the victim into a state of fear and
psychological dependence where the abuser
is in complete control. Many victims are also
financially dependent on the abuser, adding
an additional barrier to leaving the abusive relationship.
Moreover, the risk and severity of violence goes up when
women attempt to leave their violent relationships; The
National Bureau of Justice Statistics reports that the risk of
domestic violence- related assaults, including homicides,
increases immediately following separation.
Chapter 1: Defining the Problem
Defining the
Problem
Arizona’s State Plan on
Domestic and Sexual
Violence
_______________________
1 Dr. Dean Coonrod, “ Domestic Violence as Public Health Issue,”
presented 4/ 27/ 04
2 National Coalition Against Domestic Violence, www. ncadv. org
" To effectively address domestic
and sexual violence, victims must
have services, offenders must be
held accountable, and programs
must focus on preventing
intergenerational violence."
Governor Janet Napolitano
State of Arizona
A Guide for Safety & Justice in Arizona - June 2004 11
Like domestic violence, rape is a crime of power and control.
Myths that rape only happens to young, beautiful women
wearing provocative clothing perpetuate the idea that rape is a
crime of passion, when in fact all women are vulnerable to
rape, regardless of age, race, class, education or physical
appearance. Research also shows that 60- 75% of rapes are
premeditated and motivated by aggression and hatred, not
sex. 3 Another myth perpetuated about rape is that most
rapists attack women they do not know. In fact, the Rape,
Abuse, Incest National Network ( RAINN) reports that
approximately 66% of sexual assault victims know their
assailants. 4 However, only 39% of rapes and sexual assaults
are reported to law enforcement, and rapes committed by
acquaintances are much less likely to be reported than stranger
rapes. 5
The National Bureau of Justice Statistics reports that domestic
violence is the leading cause of injury for women ages 15- 44.
The number of men and women who will suffer from a heart
attack per year ( 1.5 million) is the same as the number of
women who are affected by domestic violence in a year.
In 2003, 9,473 women and children received services in Arizona
shelters, but that number represents only one- third of the
people who requested shelter — almost 2 out of 3 requests
were unmet as a result of a lack of shelter beds. 6 Women are
not the only victims. The Arizona Department of Economic
Security reports that 48% of individuals who spent time in
shelter in 2003 were children. Children are also vulnerable to
sexual violence— RAINN estimates that 44% of rape victims
are under the age of 18, and 15% are under the age of 12. Men
are also victimized by both domestic and sexual violence,
although not at the same rates as women or children.
Violence Against
Women as a Public
Health Issue
_______________________
3 Minnesota Center Against Sexual Assault
4 RAINN ( Detailed breakdown: 48% friend or acquaintance; 30% stranger;
16% intimate; 2% other relative; 4% relationship unknown
5 Ibid
6 Arizona Department of Economic Security
12 The State Plan on Domestic & Sexual Violence:
According to the Blue Shield Against Violence Foundation,
intimate partner violence accounts for 37% of women’s visits
to the emergency room, the most expensive location in which
care is provided. A National Bureau of Justice Statistics study
found that 63,800 victims of rape or sexual violence were
treated in US emergency departments in 1994.7 According to
a 1996 study by the National Institute of Justice, the average
rape costs $ 5,100, with the majority coming from medical and
mental health care costs. 8 Three percent of healthcare
spending and 14% of injury related spending is due to
interpersonal violence. Medical costs associated with domestic
violence are $ 1.8 billion! 9
While organizations such as the American Medical
Association, the American Academy of Pediatrics, and the
Association of Women’s Health, Obstetric and Neonatal
Nurses have stated that screening for domestic violence
should be a standard practice in medical settings, but
screenings are still not routinely conducted.
Domestic and sexual violence are public safety issues that
require the attention of law enforcement, the courts, probation,
and corrections systems. Violence against women necessitates
the attention of specialized law enforcement investigation
teams and prosecutors. According to a 2002 Governor’s Office
survey of Arizona law enforcement agencies, police responded
to a call involving domestic violence every 5 minutes and an
arrest was made every 19 minutes. In 2003, there were 100
domestic violence- related homicides in Arizona. 10 Domestic
violence is one of the most dangerous calls law enforcement
officers respond to. Not only are domestic violence incidents
dangerous to victims and law enforcement, but also to
neighbors, bystanders, family members and other witnesses.
Violence Against
Women as a Public
Safety Issue
_______________________
7 U. S. Department of Justice, Office of Justice Programs, Bureau of Justice
Statistics
8 National Institute of Justice, “ Victim Costs and Consequences,” 1996.
9 Dr. Dean Coonrod, “ Domestic Violence as a Public Health Issue,”
presented 4/ 27/ 04
10 Arizona Coalition Against Domestic Violence, www. azcadv. org
A Guide for Safety & Justice in Arizona - June 2004 13
Nationally, more than 3 million and perhaps as many as 10
million children witness domestic violence each year. In
Arizona in 2002, law enforcement reported responding to
14,560 scenes of domestic violence where at least one child was
present. This translates into one or more children being
exposed to domestic violence every 36 minutes. Violence
against women has a multitude of negative consequences for
children including: depression, anxiety, poor academic
performance, and an increased likelihood to become
abusive or be abused as an adult. Growing up in an
abusive environment makes men more likely to be abusive
and women more likely to become victims. 11 There also is
a high rate co- occurrence of domestic violence and child
abuse. Research shows that the overlap between domestic
violence and child abuse is between 30 and 60%. 12 In a
recent Arizona Republic article, David Berns, Director of
the Arizona Department of Economic Security, expressed
the clear link between domestic violence and child abuse,
" As we learn the connections and become a bit more
sophisticated in our approaches, we learn that we can't
keep kids safe unless we keep their moms safe."
Violence and Children
_______________________
11 Edleson, Jeffrey L., Ph. D.( 1999) “ Problems Associated with Children's
Witnessing of Domestic Violence.” University of Minnesota, School of
Social Work.
http:// www. vaw. umn. edu/ documents/ vawnet/ witness/ witness. html
12 Family Violence Prevention Fund, “ The Effects of Domestic Violence
on Children” www. endabuse. org
" As we learn the
connections and become
a bit more sophisticated
in our approaches, we
learn that we can't keep
kids safe unless we keep
their moms safe."
David Berns, Director
Arizona Department of Economic
14 The State Plan on Domestic & Sexual Violence:
Domestic violence does not stay in the home— in fact, the
Department of Justice estimates that 13,000 incidents of
violence take place in the workplace annually against
women by their intimate partners. 13 The workplace can be
dangerous for victims because their abusers know exactly
where to find them during work hours. A person who is
stalking, threatening, or actually committing violent acts can
follow the victim to work, resulting in adverse outcomes for
her and her co- workers. Those abusers who do not show up
in person at the victim’s workplace may use the telephone or
e- mail to harass or stalk, resulting in intimidation and
further loss of productivity. 14 The Bureau of National Affairs
estimates that domestic violence costs American businesses
as much as $ 5 billion a year in lost productivity and
increased health care costs, with an estimated 8 million days
of work productivity lost annually. Arizona employers have
united their efforts to combat workplace violence in the
Employers Against Domestic Violence organization ( EADV).
EADV reports that the majority of workplace violence
incidents in Arizona are domestic violence related.
It is evident that domestic and sexual
violence are pervasive in our state. To
begin to impact real reform, domestic
and sexual violence must be understood
as public health and safety issues that
impact all segments of our society.
Violence Against
Women and the
Workplace
_______________________
13 “ Violence and Theft in the Workplace,” U. S. Department of Justice,
July, 1994
14 “ Costs of Intimate Partner Violence Against Women in the United
States” http:// www. cdc. gov/ ncipc/ pub- res/ ipv_ cost/ index. htm
A Guide for Safety & Justice in Arizona - June 2004 15
16 The State Plan on Domestic & Sexual Violence:
In keeping her pledge to address domestic and sexual violence,
Governor Napolitano, in 2003, appointed 57 members to the
Governor's Commission to Prevent Violence Against Women.
The Commission reflects the ethnic and regional diversity of
Arizona and includes representation from victim services,
offender treatment, law enforcement, prosecution, the courts,
the business community, the medical community, the mental
health community, children’s services, aging services, state
agencies, advocacy groups, survivors, and populations at risk.
The purpose of the Commission is threefold:
0 To unite and enhance statewide efforts to prevent
and end violence against women
0 To serve as a clearinghouse for domestic and sexual
violence related work in Arizona
0 To develop recommendations for appropriate
policy and legislation.
In developing this Plan, the Commission has provided both
vision and leadership. Commission members chair and/ or
participate on ad hoc subcommittees, serving as
representatives of their region or areas of expertise, and
provide invaluable information and perspective on critical
issues affecting Arizona citizens.
Chapter 2: Arizona’s Response
Developing the
State Plan
2.1 The Governor’s
Commission to Prevent
Violence Against
Women
A Guide for Safety & Justice in Arizona - June 2004 17
The State Plan was developed by six subcommittees:
0 Prevention/ Early Intervention
0 Victim Services/ Crisis Response
0 Criminal Justice
0 Offender Treatment and Accountability
0 Sexual Assault
0 Data Collection
The subcommittees were co- chaired by Commission members and
began meeting monthly in June of 2003. Over 150 stakeholders
participated in these meetings, including members of the public
and individuals with expertise in each subject area.
Subcommittees prioritized recommendations based on three
factors:
1. The likelihood of the recommendation reducing
domestic and sexual violence.
2. The cost of implementing the recommendation.
3. The feasibility of accomplishing the recommendation.
Recommendations that received the highest scores or were
otherwise deemed critical by the subcommittees are what make up
the State Plan.
2.2 Process of
Developing State Plan
18 The State Plan on Domestic & Sexual Violence:
Many of the recommendations developed by the
subcommittees focused on the effects of domestic and
sexual violence on children, with the hope that solutions
focusing on children can help prevent future generations
from becoming victims or perpetrators.
The recommendations in the Children's
Chapter complement recommendations
in Governor Napolitano’s CPS Action
Plan.
Once the subcommittees had completed
their work, an Advisory Board was
c o n v e n e d t o r e v i e w t h e
recommendations for consistency with
the guiding principles, to edit them to
ensure clarity and purpose, and to
address any remaining gaps. The
Advisory Board sent the Commission more than 60
recommendations, which include those in the Children’s
Chapter.
It is the goal of this State Plan to address each of the
problems identified through policy change, legislative
action, training protocol development, and a variety of other
activities at the state and local level. Law enforcement, the
courts, probation, corrections, the medical community, child
protective services, advocates, and citizens
need to come together to work on these
long- term sustainable solutions.
The recommendations contained within this
document do not simply restate the
problems of needed services and increased
funding. These recommendations propose
comprehensive solutions to difficult and
complex issues. A coordinated community
response that involves public and private
partners who care about and are impacted
by domestic and sexual violence is the key
to reaching this vision.
These recommendations propose
comprehensive solutions to difficult
and complex issues. A coordinated
community response that involves
public and private partners who care
about and are impacted by domestic
and sexual violence is the key to
reaching this vision.
A Guide for Safety & Justice in Arizona - June 2004 19
The Commission established the following guiding principles
that were used to develop the State Plan based on the vision of
reducing the incidence of domestic and sexual violence in
Arizona.
2.3 Guiding Principles
Guiding Principle 1
Increased Awareness And Understanding of The
Prevalence and Incidence of Domestic and Sexual Vio-lence
in Arizona.
Guiding Principle 2
Increased Efforts to Prevent Domestic and Sexual Vio-lence
Guiding Principle 3
Increased Collaboration and Coordination among Key
Guiding Stakeholders
Guiding Principle 4
Stakeholders to Respond More Effectively to Acts of
Violence Against Women and their Children
Guiding Principle 5
Increased Safety for Women and their Children
Guiding Principle 6
Increased Accountability for Offenders
20 The State Plan on Domestic & Sexual Violence:
Prevention strategies focus on protecting individuals from
becoming a victim or perpetrator of abuse. They also
include strategies that ensure that laws, regulations and
services allow individuals to live in communities that
demonstrate intolerance of abuse.
Early intervention strategies focus services on individuals
who have already been exposed to abuse and provide them
with support, information and resources that aim to
prevent the violence from continuing. Strategies include
ensuring that communities provide access to services that
help individuals reduce the negative consequences of
experiencing the abuse and that aid them in leaving an
abusive relationship or in getting the help they need to stop
the abuse.
The earlier that a family is screened for domestic or sexual
violence, the sooner that families can receive the help they
need to stop the violence. Ideal settings to screen for
exposure to violence include health care providers, Child
Protective Services, behavioral health providers, faith- based
institutions, schools, and other systems that have regular
interaction with families. At a minimum, personnel in
these systems need appropriate training on how to identify
domestic and sexual violence and information on where
families can be referred when issues are identified.
Chapter 3: Prevention/ Early Intervention
Recommendations
Prevention/ Early
Intervention: 3.1
Encourage agencies and
systems that have regular
contact with families to
routinely screen for exposure
to domestic and sexual
violence and assess for needed
services.
Recommendations
Prevention/ Early
Intervention
A Guide for Safety & Justice in Arizona - June 2004 21
Anyone can become a victim or perpetrator of violence, and
reaching kids in settings they normally attend is an effective
way to help them to know how to stay safe and understand
healthy relationships. Schools, after school programs,
childcare programs and grassroots and community- based
programs are ideal settings for educating children about the
dynamics of healthy relationships through age- appropriate
standardized violence prevention curriculum. Some
examples of effective violence prevention programs are
Breaking the Cycle out of Tucson, Bullying Prevention
programs by the Men’s Anti- violence Network ( MAN), and
the PAVE and BRAVE programs which are provided
through the Maricopa County area school systems.
Two out of every 3 Americans are affiliated with a religious,
spiritual, or faith- based group or organization and 1 out of
every 4 is an active member. Due to their large member
bases, faith- based institutions are uniquely positioned to
champion efforts to end violence against women and girls.
Because they are considered a safe place for families to
interact, faith- based institutions can also relay messages of
safety and support for victims and information on offender
accountability. Faith- based communities can respond by
educating the congregation through sermons, participation
in awareness month activities, community events, and
monthly newsletters. In the last several years, the Arizona
faith community has undertaken significant efforts to train
clergy and lay leaders to recognize and address the signs of
abuse within their congregates. It is important that these
training efforts continue.
Prevention/ Early
Intervention: 3.2
Provide schools and youth
agencies with evaluated,
approved and standardized
violence prevention
curriculum that can be used to
educate children and teens
about the dynamics of
domestic violence and healthy
relationships.
Prevention/ Early
Intervention: 3.3
Encourage faith- based
institutions to create
awareness among their
congregations on domestic
and sexual violence, to
provide appropriate responses
and resources to individuals
who disclose abuse, and get
involved in community efforts
that aim to prevent violence
against women.
22 The State Plan on Domestic & Sexual Violence:
According to the National Center on Elder Abuse,
“ vulnerable adult” is defined as a person who is either
being mistreated or in danger of being mistreated or
neglected, and who, because of age and/ or disability, is
unable to protect him/ herself. " There are nearly 17,000
nursing homes in the United States that currently care for
1.6 million residents — a figure expected to quadruple to 6.6
million residents by 2050" ( U. S. House of Representatives,
Committee on Government Reform- Minority Office.) Eye
witness accounts and surveys have sadly shown that
nursing home abuse and neglect is a serious problem, and
that there also is significant underreporting. Major
underlying causes of elder mistreatment, according to
findings of the National Academy of Sciences Panel to
Review Risk and Prevalence of Elder
Abuse and Neglect, are: stressful
working conditions, staff shortages,
staff burnout, and inadequate staff
training.
In addition to nursing homes, elder
or vulnerable adults who are cared
for by family members are also
susceptible to abuse. In fact, 90% of
reported cases of elder abuse are
committed by a family member.
Family members need support to deal with the stress of
having an older parent or vulnerable adult living with
them. They need to be able to identify the warning signs of
abuse and to know where to get help for themselves and/ or
the victims of abuse.
Prevention/ Early
Intervention: 3.4
Raise public awareness
about the problem of elder
and vulnerable adult abuse.
" There are nearly 17,000 nursing
homes in the United States that
currently care for 1.6 million residents
— a figure expected to quadruple to
6.6 million residents by 2050."
U. S. House of Representatives, Committee on
Government Reform - Minority Office.
A Guide for Safety & Justice in Arizona - June 2004 23
Domestic violence is estimated to cost employers between $ 3
and $ 5 billion annually in health care costs, absenteeism,
security and other related costs. Employers can be an
important ally and support system for their employees and
can do the following to support employees who may be
experiencing domestic violence, including: adopting policies
on domestic violence in the workplace; regularly providing
training to human resources directors, management, and
employees on issues related to domestic violence; and
ensuring that resource information is available for
employees. Networks such as the Employer’s Against
Domestic Violence ( EADV), which was started in Maricopa
County in 1999 and now has over 100 employers as
members, are effective in creating public awareness, raising
money for programs, and providing resources to other
employers. EADV has plans to expand statewide.
Media and community education campaigns have proven to
be tremendously effective in addressing many types of
public health and safety hazards such as drunk driving,
cigarette smoking and breast cancer screening. Media and
community awareness campaigns can serve a vital role by
providing critical information for potential victims and
abusers as well as engaging other members of the
community in a show of public intolerance for domestic and
sexual violence. In addition, it is important that campaigns
are designed to be ongoing, culturally and linguistically
relevant, and age- appropriate. In order to reach the largest
possible audiences, media campaigns and community
efforts should be easily reproducible in formats that are easy
to display, such as posters and brochures, as well as
utilizing radio and television public service announcements.
Prevention/ Early
Intervention: 3.5
Encourage employers to be
proactive in response to
domestic violence experienced
by their employees and to be
leaders in the community
promoting violence
prevention.
Prevention/ Early
Intervention: 3.6
Raise awareness through
the media and community
efforts.
24 The State Plan on Domestic & Sexual Violence:
Recommendations found in this section are referred to as
third tier prevention strategies, which aim to help
individuals who have already suffered negative
consequences from domestic and/ or sexual violence from
experiencing on- going adverse effects. Strategies include
allowing victims to reestablish safe, stable, healthy and
self- sufficient lives for themselves and their families, and
ensuring that victims have access to services and support
that protect them from on- going victimization. The
recommendations are broken into two categories: direct
services and systems changes. Recommendations in the
direct services category concern victim- focused activities.
Recommendations under systems changes focus on changes
in policies, protocols, and procedures that will impact
victim services, but don’t impact the victim directly.
Arizona currently has a tremendous network of 13 Family
Advocacy Centers throughout the state. Family Advocacy
Centers ( FACs) provide a unique array of services to victims
in one location including: providing needed referrals and
services, such as counseling or support groups; attending to
medical needs or examinations; and obtaining Orders of
Protection via remote access to the courts. FACs also assist
in the collection of forensic evidence in the instance of a
sexual assault or take pictures after a domestic violence
incident. Some FACs have law enforcement on the
premises, which can be helpful in filing a legal complaint
against an abuser. While it is helpful for law enforcement to
be on the premises, interaction with them should not be a
requirement for accessing services offered by FACs.
Victim Services/ Crisis
Response - Direct Services:
4.1
Encourage the development
of Family Advocacy Centers
Statewide that will be
supportive of victims of
domestic and sexual
violence.
Recommendations
Victim Services/ Crisis
Response
Chapter 4: Victim Services/ Crisis Response
Recommendations
A Guide for Safety & Justice in Arizona - June 2004 25
“ Crime Free/ Drug Free Addendums” are housing policies
that allow landlords to evict a tenant( s) if police are called or
a crime is committed in the residence of a multi- family
housing unit. Oftentimes, landlords have used these policies
as a reason for serving eviction papers on victims following
a domestic violence episode. This can deter victims from
reaching out for help for their abuse for fear of being
evicted.
The creation of more emergency shelter, as well as
transitional and permanent housing units is necessary so
that victims and their children remain safe and are not
forced to return to their abusers due to lack of options. In
Arizona today, 2 out of every 3 women and children who
request shelter are turned away, and the lack of affordable
housing options fails to satisfy the demand. As a
consequence, many victims and their children have very few
options for finding an escape from the abuse and, oftentimes
become homeless. Homeless service providers also need to
be prepared to respond to victims of domestic violence.
Victims need access to legal representation to ensure that
their rights are represented in criminal and civil matters.
Adequate and affordable legal representation is especially
critical at a time when abusers use power and control tactics
to gain advantage over their victims, particularly in custody
and divorce proceedings. However, many victims of
domestic violence cannot afford legal counsel and there are
currently insufficient free legal services to support the
demand. Attorneys should be encouraged through the State
Bar and their employers to volunteer services. Employers
should also be encouraged to offer attorneys pro bono credit
or other incentives to volunteer.
Victim Services/ Crisis
Response - Direct Services:
4.2
Crime free housing policies
should hold harmless those
victims of domestic violence
who contact police to
respond to an incident of
domestic violence.
Victim Services/ Crisis
Response - Direct Services:
4.3
Support the development
of housing options,
including emergency,
transitional, and permanent
housing, for victims of
domestic violence trying to
escape abuse.
Victim Services/ Crisis
Response - Direct Services:
4.4
Provide access to legal
representation and
advocacy in both civil and
criminal matters so that
victims may seek justice and
safety from abuse.
26 The State Plan on Domestic & Sexual Violence:
Victims from specialized populations require unique
services. Specialized populations include persons with
severe mental illness ( SMI) and/ or drug and alcohol
addictions, the elderly, multicultural, LGBT, refugees and
undocumented persons from other countries, survivors of
trafficking, families with teen boys, male victims, persons
with developmental or physical disabilities, teens, HIV+ and
children. To best serve these victims, existing service
providers need to develop partnerships with organizations
that have expertise in specialized populations and can
provide access to resources. Greater collaboration and cross-trainings
will help ensure that all facets of a victim’s profile
are understood and addressed.
The more a client has input into his or her own case plan,
the increased likelihood for success of self- sufficiency. An
empowerment- based model for case management and
assessment ensures that victims receive the services they
need to reach self- sufficiency in the time they are in shelter.
The Need for Services Assessment instrument is one
example of such a tool being used by a number of shelters
statewide to assess victim’s needs at various points during
their stay in shelter. This instrument also allows shelter
staff to appropriately identify trends so that programs can
structure their services to meet the needs of their clients.
Victim Services/ Crisis
Response - Direct Services:
4.5
Encourage service providers
to develop partnerships
with organizations that
have expertise in
specialized populations and
can provide access to
resources.
Victim Services/ Crisis
Response - Direct Services:
4.6
Encourage service providers
to use a client- driven,
empowerment case
management tool, such as
the Need for Services
Assessment ( NFSA).
A Guide for Safety & Justice in Arizona - June 2004 27
A review panel made up of domestic and sexual violence
advocates, first responders, legal and law enforcement
professionals, community members and survivors could
review complaints from victims, address systems issues, and
recommend areas of needed improvements. Ideally the
panel would serve as a sounding board for people who
come into contact with these groups and to make
recommendations for better serving victims and systems
changes. Recently, SB1237, signed by the Governor in the
2004 Legislative Session, creates a review panel and process
for making complaints against custody evaluators and other
psychologists who are part of cases in the domestic relations
court.
SACT is made up of eight state agencies that in some way or
another fund domestic and sexual violence services
including: the Arizona Criminal Justice Commission;
Arizona Department of Housing; Arizona Supreme Court
Administrative Office of the Courts; Arizona Department of
Economic Security; Arizona Department of Health Services;
Arizona Department of Public Safety; Governor’s Office for
Children, Youth and Families ( Division for Women); and the
Office of the Arizona Attorney General. The mission of
SACT is “ to collaboratively assess needs, maximize state and
federal resources, support intervention and prevention
activities, and improve quality services for domestic
violence and sexual assault victims while positively
influencing family violence policies and practices.” Each
year, SACT reports on their coordinated activities and sets
their strategic plan for the following year. SACT should
continue to coordinate its efforts and determine how to
maximize their collective funding for systems change.
Victim Services/ Crisis
Response - System Changes:
4.8
Strengthen the
coordination of activities
and priorities of the state
agencies with regards to
domestic and sexual
violence through the State
Agencies Coordinating
Team ( SACT).
Victim Services/ Crisis
Response - System Changes:
4.7
Create and implement an
Ombudsman or review
panel for first responders
including law enforcement
and the Courts.
28 The State Plan on Domestic & Sexual Violence:
Victim Services/ Crisis
Response - System Changes:
4.9
Determine best method of
accrediting or licensing
domestic violence shelters.
Although most domestic violence shelters are not
behavioral health treatment facilities, The Department of
Health Services, Office of Behavioral Health Licensure
currently regulates them. While many victims may suffer
from behavioral health symptoms, their victimization is
not an indication that they suffer from a mental illness.
The purpose of domestic violence shelters is to provide
safety for women and their children seeking refuge from
abuse, and having behavioral health license domestic
violence shelters implies that this is a behavioral health
issue. Other appropriate forms of accrediting and
licensing of domestic violence shelters need to be explored
and considered.
The 2000 reauthorization of the federal Violence Against
Women Act ( VAWA) provides a number of protections for
battered immigrant women ( BIW). Oftentimes, BIW face a
myriad of obstacles such as fear of deportation, having
their children taken away by their abusive partner,
language barriers, and trouble accessing services they are
entitled to under VAWA. Many service providers in the
community, including victim advocates, faith- based
groups, first responders and law enforcement, do not
know of the protections afforded under the Violence
Against Women Act. Therefore, more needs to be done to
educate and train those who might come into contact with
battered immigrant. Through a grant from the
Department of Justice, the Governor’s Office has assisted
in the development of regional teams to address the issue
of identifying and serving battered immigrant women in
the border communities. Continuing to support these
teams is critical to addressing the training and resource
needs of battered immigrant women in the state.
Victim Services/ Crisis
Response - System Changes:
4.10
Improve the delivery of
services to battered
immigrant women,
including improving access
to the provision of the
Violence Against Women
Act that allows battered
immigrant women to self-petition
for citizenship
status.
A Guide for Safety & Justice in Arizona - June 2004 29
Survivors of domestic violence, particularly those who are in
domestic violence shelters, need access to mainstream
resources that can assist them in becoming self- sufficient and
safe. The Governor’s Children’s Cabinet is developing ways
to streamline eligibility criteria for programs, ensuring
clients’ access to all services that they are entitled to, and
creating maximum utilization of programs by eligible
families. Survivors of domestic violence will benefit from
these efforts as well.
A uniform, statewide, standardized domestic violence
training curriculum for health care professionals, social
workers, counselors, law enforcement, criminal justice
( including prosecution, courts, and probation), mental health
professionals, substance abuse counselors, and first
responders would promote greater consistency in service
delivery. This would help to assist those who come into
contact with victims and abusers to better respond to their
needs. By working together in a multi- disciplinary
approach, service delivery systems will promote more victim
safety and abuser accountability.
Victim Services/ Crisis
Response - System
Changes :
4.12
Create a uniform,
statewide, standardized
curriculum for cross-disciplinary
training.
Victim Services/ Crisis
Response - System Changes:
4.11
Improve the coordination of
basic needs ( aka
mainstream) resources such
as housing, food stamps,
TANF and SSI so that they
are accessible to victims/
survivors.
30 The State Plan on Domestic & Sexual Violence:
Recommendations under this heading focus on the law
enforcement, prosecutorial and judicial responses to
domestic and sexual violence incidents. Both systems level
and practical issues need to be addressed in order to ensure
victim safety and abuser accountability. Issues involving
service and process of Orders of Protection are also a key
focus of this section.
Policies and procedures should be established for law
enforcement to identify children and vulnerable adults
present at all domestic violence scenes, whether or not the
children or vulnerable adults are victims or witnesses in any
particular case. Presently, unless they are direct victims of
abuse or witnesses, they are rarely offered services or
documented in police incident reports. By consistently
identifying these children and vulnerable adults, service
needs can be determined and provided, thereby reducing
the likelihood of future domestic violence. Pima County’s
Breaking the Cycle program is an excellent example of how
best to accomplish this goal, where law enforcement officers
call Crisis Response Teams to scenes where children are
present. Volunteers on the Crisis Response Teams provide
age- appropriate information and resources to the families
and children. In addition, the Pima County Attorney’s
Victim Witness Program follows up with the families and
children.
Recommendations
Criminal Justice
Chapter 5: Criminal Justice Recommendations
Criminal Justice: 5.1
Identify children and
vulnerable adults present at
all domestic violence
scenes.
A Guide for Safety & Justice in Arizona - June 2004 31
Offenders released from custody must comply with court-ordered
Conditions of Release such as staying away from
the victim both at home and work, surrendering firearms to
law enforcement, and reappearing in court at set dates.
Currently, offenders’ release conditions are not relayed to
victims, nor are they readily accessible to law enforcement
officers in the field in all 15 counties. Release conditions
would be a more effective accountability tool if they were
entered into a centralized database, similar to what occurs
for Orders of Protection. This database could then be easily
accessed by officers in the field, thereby increasing the
likelihood of enforcement of Conditions of Release.
According to the Stalking Resource Center of the National
Center for Victims of Crime, 88% of female homicide victims
and 68% of attempted female homicide victims were stalked
by their former partners. An equally alarming number of
women were stalked and killed by their current partners.
Stalking is a high predictor of lethality, and advocates, law
enforcement and other service providers need to have the
knowledge and skills to adequately respond to victims who
are being stalked by providing victims with safety planning.
Criminal Justice: 5.2
Ensure abuser’s conditions
of release are documented
and treated in a way that
ensures victim safety.
Criminal Justice: 5.3
Provide information to the
community, law
enforcement, the courts,
and advocates about the
issues of stalking, laws
related to stalking, and how
to develop a safety plan for
someone who is being
stalked.
32 The State Plan on Domestic & Sexual Violence:
An Order of Protection is a critical tool that victims of
domestic violence have at their disposal, to help ensure their
protection and safety from an abuser who may not be in
police custody. Presently, there are many different policies,
procedures and practices regarding how Orders of
Protection are issued and served throughout the state. To
increase the intended validity and credibility, an Order of
Protection should be treated the same regardless of the
jurisdiction in which it was issued, served or enforced.
Potentially, legislation may be needed to clarify that law
enforcement shall serve, or cause to be served, an Order of
Protection regardless of the jurisdiction in which it was
issued.
Arizona state law mandates arrest of one or both parties in
domestic violence situations in which there probable cause
to believe there is an “ infliction of physical injury or a
discharge, use or threatening exhibition of a deadly weapon
or dangerous instrument”. 15 Where an officer is unable to
determine specifically which participant was the
predominant aggressor and which may be entitled to
consideration of self- defense, a dual arrest often results.
Along with training, dual arrest protocols and procedures
need to be developed so they are consistent throughout the
state. If protocols, procedures and training do not
adequately address the issue, legislation detailing a
“ predominant aggressor” definition and mandated training
may be necessary.
Criminal Justice: 5.4
Ensure that procedures for
obtaining, documenting,
serving and enforcing
Orders of Protection are as
similar/ consistent as
possible throughout the
state.
Criminal Justice: 5.5
Develop protocols,
procedures and training
modules for law
enforcement in order to
minimize the occurrence of
dual arrests.
_______________________
15 ARS 13- 3601, subsection B
A Guide for Safety & Justice in Arizona - June 2004 33
34 The State Plan on Domestic & Sexual Violence:
Holding offenders accountable for their crimes presents
many challenges for the courts, probation, law enforcement
and service providers. These challenges are, in part, a
result of limited resources, but also due to an inability to
adequately track offenders and provide appropriate
treatment. The following section outlines
recommendations for improving systems responses for both
offender accountability and offender treatment.
While Arizona has some of the most progressive domestic
violence laws in the country, we currently lack an adequate
criminal history database. As a result, in many cases,
domestic violence defendants are often considered to be
first time offenders even though they have a history of
documented abuse in another jurisdiction. This impedes
the ability of the police officer, prosecutor and judge to
fully hold the repeat offender accountable. ( See Data
Section for possible resources in developing a
comprehensive criminal history database on domestic
violence offenders.)
Recommendations
Offender Treatment
and Accountability
Offender Treatment and
Accountability: 6.1
Increase access to
information on abusers so
that law enforcement,
prosecutors and judges can
appropriately respond to
repeat incidents of
domestic violence
statewide.
Chapter 6: Offender Treatment and
Accountability Recommendations
A Guide for Safety & Justice in Arizona - June 2004 35
An offender treatment network consisting of members who
represent the ethnic, geographic and cultural diversity of the
State of Arizona, would increase the quality and
effectiveness of how offender treatment is delivered
throughout the state. Ideally, the offender treatment
network would develop best practice curriculum and
protocols for delivering offender treatment programs.
Additionally, the network would serve as a resource for
technical assistance for offender treatment providers
throughout the state.
Warrants for non- compliance and other court imposed
sanctions such as fines have been found to be an effective
means of holding offenders accountable and reducing
recidivism at the earliest stages of offending. Currently, the
City of Phoenix, through a grant funded by the US
Department of Justice, is providing supervised probation for
first time offenders of domestic violence. Under this “ pilot
program” the City is aiming to demonstrate that holding
offenders accountable through swift and immediate action at
the earliest stages will decrease case flow in the courts,
leaving more resources to focus on the most serious
offenders.
The Office of Behavioral Health Licensure ( OBHL), through
the Arizona Department of Health Services, has published
rules defining the length and content of offender treatment
programs that are licensed under the state. Currently, the
offender treatment licensing rules define the following: first
time abusers should be required to complete 26 treatment
sessions over at least a 4- month period; second time abusers
need a minimum of an additional 36 sessions; and third time
abusers should be required to complete 52 additional
sessions. Although OBHL rules are guidelines, whenever
possible, courts should require that offenders receive
treatment by OBHL licensed providers. Challenges may
exist for rural communities that may not have a licensed
provider network. OBHL should work with those
communities to help develop a strong treatment network.
Offender Treatment and
Accountability: 6.2
Create an Offender
Treatment Provider
Network to increase the
effectiveness of offender
treatment.
Offender Treatment and
Accountability: 6.3
Develop sanctions, such as
fees or warrants for non-compliance
of court orders.
Offender Treatment and
Accountability: 6.4
Adopt guidelines for judges
and service providers that
will guide them in
determining an abuser’s
treatment and schedule.
36 The State Plan on Domestic & Sexual Violence:
Currently, felony offenders of domestic violence are not
mandated to receive treatment while in prison. Once they
are released, they may be required to attend an Offender
Treatment Program as part of their release conditions.
Ideally, as a part of their incarceration, offender treatment
would be offered while offenders are still in prison and then
continued once they leave ( if not already completed).
Following a dramatic increase in domestic violence fatalities
among military personnel in 1999, the Defense Task Force
on Domestic Violence was created by the National Defense
Authorization Act in 2000. The Task Force made several
recommendations regarding the handling of domestic
violence cases by military installations. Military bases
around the country, including those in Arizona, are
working to implement these recommendations to provide
support to military families involved in domestic violence
and increase accountability for offenders. Communities
surrounding military bases need to work collaboratively
with those bases to ensure families living off base and
experiencing domestic violence are also receiving similar
services and treatment.
Offender Treatment and
Accountability: 6.5
Ensure that felony offenders
of domestic violence receive
offender treatment while
still in prison.
Offender Treatment and
Accountability: 6.6
Support the
implementation of the
recommendations from the
Department of Defense
Task Force on Domestic
Violence at Arizona military
bases.
A Guide for Safety & Justice in Arizona - June 2004 37
38 The State Plan on Domestic & Sexual Violence:
Sexual Violence is a violent crime that is underreported in
most communities. In fact, it is estimated that only 16% of
all sexual assaults ever come to the attention of law
enforcement, with only about 2% resulting in prosecution.
This is mainly attributable to the lack of support systems for
victims who report being “ re- victimized”. The
recommendations below attempt to identify strategies that,
when implemented, will significantly increase community
capacity to respond to sexual violence. This, in turn, will
likely lead to an increase in victims coming forward to report
their abuse.
The sexual violence community currently lacks a well- formed,
centralized alliance representing the best interest of all sexual
violence victims in the state. Ideally, stakeholders in the
sexual violence community would collaborate to promote
leadership on the issue, provide technical assistance to service
providers, provide training throughout the state, and
advocate for victims at the Arizona State Legislature on the
need for better defined and enforced sexual violence laws. A
well- formed alliance of sexual violence stakeholders would
geographically, culturally and ethnically represent the State of
Arizona.
Sexual Violence: 7.1
Increase the capacity of the
sexual violence community
to provide comprehensive
sexual violence services and
promote prevention,
training, and public
awareness activities
statewide.
Recommendations
Sexual Violence
Chapter 7: Sexual Violence Recommendations
A Guide for Safety & Justice in Arizona - June 2004 39
Sexual assault victims should have access to comprehensive
crisis services, including rapid, appropriate responses and
interventions that can minimize the detrimental and long-term
effects of the violence. Comprehensive services should
include, at a minimum, development of multidisciplinary
Family Advocacy Centers or sexual assault service provider
centers statewide and regular and on- going communication
among multi- disciplinary team ( MDT) partners. Each MDT
should include a trained forensic examiner, a law
enforcement officer, an advocate, and a prosecutor.
Trained professionals that respond to incidents of sexual
violence are essential for successful prosecution, offender
accountability and victim healing. Currently, sexual assault
training is sporadic and lacks uniformity across the state.
Professional training is needed in the areas of sexual
violence prevention/ education, sexual violence issues and
advances in practices, and sexual violence investigations.
Professionals who need training include crisis advocates,
members of the Sexual Assault Response Teams ( SARTs),
and partners in the multidisciplinary team ( MDT).
Arizona is one of only 7 states that separately define spousal
sexual assault in statute and the only state to maintain a
lesser criminal penalty. Further, only 10 states require
specific elements for prosecution not prescribed for non-spousal
victims, including Arizona. Rape can and does
occur in the context of marriage, and, according to a report
in the November/ December 2003 issue of Sexual Assault
Report, is the most common form of sexual assault,
occurring at least twice as often as stranger rape. Further,
rape by a spouse is more likely to reoccur rather than be a
one- time event. The Arizona legislature must address the
differences in law so that marital rape is not treated as a
lesser crime than stranger or acquaintance rape.
Sexual Violence: 7.2
Increase victims’ access to
comprehensive sexual
violence crisis services.
Sexual Violence: 7.3
Develop a formal training
network on issues of sexual
violence, from prevention
to crisis intervention to the
criminal justice response.
Sexual Violence: 7.4
Repeal the Spousal Sexual
Assault statute from the
Arizona Revised Statutes
( ARS).
40 The State Plan on Domestic & Sexual Violence:
Currently, forensic evidence must be collected within the first
120 hours after a sexual assault. If a victim of sexual assault
does not immediately wish to file a police report, he/ she is
not given the opportunity to receive a forensic exam within
the first 120 hours. Oftentimes, victims of sexual assault may
be too traumatized to immediately press charges. Victims
should be allowed to have forensic evidence collected within
the first 120 hours so that evidence is preserved if they want
to press charges at a later date.
Currently only 2% of sexual assault cases ever result in
conviction in Arizona. Many prosecutors attribute this to the
fact that there is only one classification of sexual assault, a
class 2 felony. Many states have up to 10 varying
classifications for sexual assault thereby increasing the
likelihood of conviction. Increasing the levels of sexual
assault in the Arizona Revised Statutes would likely increase
the conviction rate of sexual assaults leading to increased
accountability for sexual offenders in Arizona.
The Arizona and Mexico border has been identified as a main
entry point for sex traffickers and their victims. Sex
trafficking is a form of modern- day slavery and occurs when
a commercial sex act is induced by force, fraud, or coercion,
or when the person forced to perform such an act is under the
age of 18. Passage of the Trafficking Victims Protection Act
of 2000 made sex trafficking a serious violation of Federal
law. A task force made up of key stakeholders to collaborate
on issues related to sex trafficking is essential to help prevent
sex traffickers from continuing to use the border as an entry
point to transport victims throughout the country.
Sexual Violence: 7.5
Allow all victims of sexual
assault the ability to obtain
a forensic exam in the first
120 hours following the
incident regardless of
whether they immediately
report to law enforcement.
Sexual Violence: 7.6
Amend the Sexual Assault
Statutes in Arizona state
law to add varying levels of
sexual violence crimes.
Sexual Violence: 7.7
Create a task force to study
the severity of sex
trafficking in Arizona and to
develop strategies for
working with victims in
Arizona.
A Guide for Safety & Justice in Arizona - June 2004 41
Recently, escalating reports of sexual assault in all branches
of the military have brought to light serious system flaws in
reporting of sexual assault claims and assistance provided to
victims. The U. S. Department of Defense and Congress are
responding to this escalating trend by identifying steps that
need to be taken to better assist victims and hold
perpetrators accountable. Service providers in the state need
to be supportive of Arizona’s military bases’ implementation
of any changes that are ordered.
Women ages 16- 24 are four times more likely to be sexually
assaulted than women in any other age group, making the
college years especially vulnerable for young women.
Further, women in this age group who are in college are
more likely to be victims than women of the same age not in
college. Sexual assault on college campuses is much more
likely to be perpetrated by someone the victim knows.
Campus based resource centers should make available both
rape prevention and education programs as well as
intervention services for victims of sexual abuse. Prevention
programs need to target college women and be delivered by
both professionals and peers on campus. Also, campus law
enforcement agencies need to be prepared to immediately
respond to incidents of sexual violence to reduce trauma for
victims and enforce accountability for offenders.
Sexual Violence: 7.8
Support the military’s
efforts to identify the
problem of sexual abuse by
military personnel against
military personnel and to
develop solutions for how
to respond to victims and
perpetrators.
Sexual Violence: 7.9
Engage Arizona's public and
private colleges and
universities in raising
awareness about the
incidence of sexual violence
on campus and in
promoting appropriate
responses, both towards
the victim and the
perpetrator.
42 The State Plan on Domestic & Sexual Violence:
Reliable data is key to creating systems level changes. In
the domestic and sexual violence fields, data is currently
not collected systematically. There is a lot of anecdotal
evidence, but hard numbers are also needed in order to make
the case for the critical systems changes proposed in this
State Plan. Recommendations in this section pertain to the
collection of data from medical settings, the criminal
justice system and victim services.
The Uniform Law Enforcement Domestic Violence
Statistical Report developed by the Governor’s Office is
designed to collect data on law enforcement’s response to
domestic violence. This report represents some of the only
comprehensive domestic violence law enforcement data
available in the State and is primarily used for educating the
public and applying for funding. The form was recently
streamlined with questions to elicit more simplistic data in
an attempt to increase response rate and data accuracy.
Data Collection: 8.1
Continue to streamline the
Uniform Law Enforcement
Domestic Violence
Statistical Report used by
the Governor’s Office for
collecting law enforcement
data.
Recommendations
Data Collection
Chapter 8: Data Collection Recommendations
A Guide for Safety & Justice in Arizona - June 2004 43
In 1999, the Administrative Office of the Courts ( AOC)
developed a database, the Court Protective Order Repository
( CPOR), to allow court staff to input Orders of Protection
and Injunctions Against Harassment into a system that can
be accessed by law enforcement in the field and modified by
judges in courts across the state. CPOR is a data collection
tool, data repository, and data exchange mechanism for law
enforcement agencies and the courts. Not only does CPOR
increase the state’s ability to collect domestic violence data, it
also enables law enforcement to enforce violations of Orders
of Protection with an electronic record in the field, greatly
assisting to increase victim safety and abuser accountability.
NIBRS is part of a national effort to increase the amount of
data that is collected on all crimes, including domestic and
sexual violence. The benefits of using this type of system are
that it will provide an ability to do greater crime analysis
and give more detailed, accurate data. When completed,
NIBRS will furnish information on nearly every major
criminal justice issue facing law enforcement today. And
once fully implemented in Arizona, the prevalence of
domestic and sexual violence will be easier to determine in
Arizona.
ShelterBase is a database system for domestic violence
shelters and is intended to create greater efficiency by
allowing shelters to enter all information about a client into
one database. The database provides specific reports for
each funding agency. This method of streamlined reporting
is a tool for providers to create aggregate data on the clients
they serve, thereby creating more effective program
delivery. Providers need training and on- going technical
assistance in order to have the database work as an effective
and valid tool.
Data Collection: 8.2
Support the continued
development of the Court
Protective Order Repository
( CPOR) by the
Administrative Office of the
Courts ( AOC).
Data Collection: 8.3
Support the continued
development of the
National Incident Based
Reporting System ( NIBRS)
by the Arizona Department
of Public Safety ( DPS).
Data Collection: 8.4
Support the use of an
automated, consistent case
management tool by
domestic violence shelters.
44 The State Plan on Domestic & Sexual Violence:
The Department of Public Safety ( DPS) developed the Sex
Crimes Analysis Network ( SCAN) in 2001. SCAN allows
law enforcement to compare profiles of sex offenders and
child abductors on a statewide basis. When fully
implemented, SCAN will help law enforcement to capture
more sexually violent criminals in Arizona. The FBI created
VICAP in the mid- 1980s to facilitate communication,
cooperation, and coordination between the nation’s law
enforcement agencies, and to support their efforts to
investigate, identify, track, apprehend, and prosecute
violent serial and repeat offenders. Supporting Arizona law
enforcement’s participation on both of these databases is an
important component of public safety.
Medical settings not only serve as excellent points of
prevention and early intervention for domestic and sexual
violence, but also provide opportunities to collect data on
victims/ survivors and abusers. The Center for Disease
Control ( CDC) has created ideal data elements for collection
in medical settings. An analysis needs to be conducted in
Arizona to ascertain what is currently being collected by
medical professionals and what data still needs to be
incorporated into the medical field’s data collection efforts.
A training curriculum should also be developed on how to
collect data on domestic and sexual violence from patients
in a manner that is safe for victims.
The mission of the National Domestic Violence Fatality
Review Initiative is to provide technical assistance to
support review of domestic violence related deaths with the
underlying objectives to prevent them in the future,
preserve safety of battered women, and hold accountable
both the perpetrators of domestic violence and the multiple
agencies and organizations that come into contact with the
parties. Fatality reviews provide valuable information
regarding the circumstances that lead to domestic violence
related homicides, which can help shape and inform policy
decisions for reform.
Data Collection: 8.5
Increase the prosecution of
sex crimes through the
widespread use of the Sex
Crimes Analysis Network
( SCAN) and the Violent
Criminal Apprehension
Program ( VICAP).
Data Collection: 8.6
Encourage the medical
community to create and
implement a
comprehensive, statewide
data collection initiative on
the incidence of domestic
and sexual violence.
Data Collection: 8.7
Encourage local
communities to develop
Domestic Violence Fatality
Review Teams.
A Guide for Safety & Justice in Arizona - June 2004 45
The US Department of Housing and Urban Development
( HUD) has commissioned all communities receiving
funding from them to implement HMIS in order to better
coordinate the delivery of services for people experiencing
homelessness. HMIS is a web- based system that allows
service providers to share information about clients and
services offered to these clients. In order for domestic
violence providers to effectively participate, more needs to
be done to ensure the safe, secure and confidential exchange
of information to protect victims. Otherwise, a process will
need to be created whereby only aggregate data would be
input into HMIS.
Currently, shelter programs that participate on multiple
databases must input data multiple times, creating the need
for increased staffing. The capability to link databases
together needs to be explored and developed so that data
only needs to be entered once. Ideally, domestic violence
programs would be able to use the empowerment case
management tool such as the Need for Services Assessment
( NFSA, discussed in the Victim Services/ Crisis Response
section), have all the information uploaded into ShelterBase
for reporting requirements, and then uploaded into HMIS to
create the aggregate data needed for HUD.
Data Collection: 8.8
Build capacity of domestic
violence shelters to
participate on the Homeless
Management Information
System ( HMIS).
Data Collection: 8.9
Develop and support
technology that will allow
single data entry for
multiple databases ( such as
ShelterBase, NFSA, and
HMIS) for domestic violence
programs.
46 The State Plan on Domestic & Sexual Violence:
The impact of domestic and sexual violence on children is a
common theme that has emerged throughout all sections of
the recommendations. Children who live in a home where
domestic violence is occurring are 50% more likely to be
abused themselves. Equally detrimental are the life long
developmental consequences that children suffer who live in
a home with domestic violence. In 1999, the National
Council of Juvenile and Family Court Judges published the
resource guide Effective Interventions in Domestic Violence
and Child Maltreatment Cases: Guidelines for Policy and
Practice, better known as “ The Green Book”. The Green
Book is a framework for communities to utilize in
developing solutions to the complex issues surrounding
domestic violence and child maltreatment. The
recommendations in this section fall into three distinct
categories of child protective services ( CPS), domestic
relations, and victim services.
The primary goal for most child welfare agencies first and
foremost is to ensure child safety. However, research has
revealed that domestic violence is also present in a majority
of child maltreatment cases. CPS is uniquely positioned to
intervene when these two issues overlap with the intent that
keeping victims of domestic violence safe from abuse is also
a key indicator in the ability to keep kids safe from abuse
and neglect.
Recommendations
Children Who
Witness Domestic
Violence
Child Protective
Services ( CPS)
Chapter 9: Children Who Witness Domestic
Violence Recommendations
A Guide for Safety & Justice in Arizona - June 2004 47
Currently, there is no standard form to assess for domestic
violence in CPS cases. Given that the co- occurrence of these
two issues is high, it is critical to get the entire family
assistance and resources to effectively address the domestic
violence issues. Therefore, procedures and training must be
developed to screen for domestic violence in order to ensure
appropriate case plans are developed and referrals are
made.
Service providers need to better coordinate to address the
needs of families experiencing domestic violence and child
maltreatment. Some options to achieve better coordination
include: ( 1) joint case consultations, and ( 2) co- location of
services. One current program operating in the juvenile
courts provides mothers access to domestic violence
advocates and is the first program in Arizona to proactively
screen and make services available to mothers with CPS
cases.
Children Who Witness
Domestic Violence - CPS:
9.2
Encourage collaborations
between domestic violence
programs, child protective
services, child welfare
agencies, health care
agencies and juvenile courts
to develop new joint service
models for families
experiencing domestic
violence and child
maltreatment.
Children Who Witness
Domestic Violence - CPS:
9.1
Develop screening and
assessment procedures and
train staff to identify and
respond to domestic
violence in order to
promote family safety and
abuser accountability.
48 The State Plan on Domestic & Sexual Violence:
Children Who Witness
Domestic Violence - CPS:
9.3
Encourage service
providers, child welfare
agencies, CPS, and
dependency courts to
minimize the use of
potentially dangerous or
inappropriate interventions
in cases of domestic
violence that place victims
face- to- face with their
abusers, such as couples
counseling, mediation, or
family group conferencing.
Victims may be fearful about disclosing domestic violence
or sexual abuse in the presence of the abuser. Also, an
abuser can continue to exert his power and control tactics
over the victim in these settings, making any attempt at
intervention ineffective. Therefore, policies and protocols
need to be developed to minimize situations where victims
are required to be face- to- face with their abuser.
One avenue to promote the safety and well being of
children is to strengthen the self- sufficiency of the non-abusive
adult victims. By providing non- abusive parents
with resources and support such as TANF, food stamps and
affordable housing, service providers increase the
likelihood that a child will remain safe and that the victim
can permanently leave the abusive situation.
Children Who Witness
Domestic Violence - CPS:
9.4
Provide resources for non-abusive
parents and
support increasing their
ability to provide a safe
home.
A Guide for Safety & Justice in Arizona - June 2004 49
Domestic violence shelters also serve some women who
abuse their children. Shelters need to develop the capacity
to work collaboratively with CPS, and simultaneously create
responses and make referrals to help abusive and neglectful
mothers change their behaviors. These women should not
be turned away from services, but instead need to be offered
interventions and support. In addition, domestic violence
shelters need to ensure safety and protection for maltreated
children.
Divorce and child custody cases are an opportune time for a
batterer to continue to exert power and control tactics over
the victim. Judges, court personnel, mediators,
psychologists, and domestic relations attorneys frequently
come into contact with victims and perpetrators of domestic
violence and child abuse. Below are best practices, protocols
and procedures for dealing with these cases to ensure both
safety for the victim and that the best interests of the
children are represented.
Bench books have been developed for civil and criminal
courts in Arizona by the Committee on the Impact of
Domestic Violence and the Courts ( CIDVC). These bench
books are regularly used by judges to reference laws,
protocols and standards for responding to domestic violence
cases in their courtrooms. However, neither of these books
includes information pertaining to domestic relations issues.
Both the civil and criminal bench books should be expanded
with new chapters on domestic relations laws, protocols,
and best practice standards for these cases.
Children Who Witness
Domestic Violence -
Domestic Relations: 9.6
Develop a Bench Book for
court personnel pertaining to
Arizona’s child custody laws
and relevant research on
domestic relations and child
custody.
Domestic Relations
Children Who Witness
Domestic Violence - CPS:
9.5
Create protocols and
interventions for domestic
violence programs to work
with the child welfare
system to support battered
women who maltreat their
children.
50 The State Plan on Domestic & Sexual Violence:
Children Who Witness
Domestic Violence -
Domestic Relations: 9.7
Develop the capacity for safe
visitation and exchange
locations.
Safe visitation and exchange locations are critical in
domestic relations cases that involve domestic violence.
These locations can help to minimize potential conflict and
help ensure that visitation and custody orders are abided
by.
In domestic relations cases, custody evaluators make
recommendations to judges. Although these
recommendations do not bind the court, judges give them
substantial weight. Training and protocol standards for
evaluations need to be established to ensure that child
custody evaluators are prepared to appropriately assess for
domestic violence, child abuse or sexual abuse.
While there are a number of services available to abuse
victims, many times these services fail to respond to the
needs of children who are exposed to violence. Children
interact with a variety of systems throughout the course of
their day – i. e. schools, day care, and youth
agencies, all of which can help identify children
living with domestic violence. Recommendations
in this section are focused on how service
providers and systems with which children
regularly come into contact respond to the
traumatic effects of witnessing and/ or
experiencing abuse.
Children Who Witness
Domestic Violence -
Domestic Relations : 9.8
Create training and protocol
standards for custody
evaluations in order to
increase the likelihood that
custody decisions are made
based on qualified or accurate
evaluations.
Victim Services
A Guide for Safety & Justice in Arizona - June 2004 51
All agencies that work with abused children and their families
need regular cross- training about the dynamics and impact of
domestic violence and child maltreatment, the risks to adult and
child victims, the resources available to families, the laws that
provide protection, and safety planning information.
Children who have witnessed domestic violence are at greater
risk for emotional and behavioral problems than other children.
Currently, neither the child welfare nor behavioral health
systems have given this issue priority in the delivery of services
to children. A focused coordinated plan as well as policies and
procedures need to be developed to get services to these
children. As part of this plan, systems need to be developed to
provide children in shelter access to health care services.
Schools, day care or youth agencies may be the only place where
children can be assessed for exposure to domestic violence.
Training is needed for school and other agency personnel to
know how to appropriately respond to children who have been
exposed to violence in the home. There needs to be a system in
which law enforcement automatically notifies schools/ day care/
youth agencies to inform them of an incident of domestic
violence so that teachers and other personnel can appropriately
respond to the needs of the child. Confidentiality and safety
issues would need to be considered in the development of such a
system.
Children Who Witness
Domestic Violence - Victim
Services: 9.9
Create and implement training
for judges ( including juvenile
court), prosecutors, law
enforcement officers, and first
responders on laws and
trauma- related issues
surrounding children who
witness domestic violence.
Children Who Witness
Domestic Violence - Victim
Services: 9.11
Establish a notification
system between law
enforcement and schools/
day care/ youth agencies so
that they can respond
appropriately when a child
has been exposed to
domestic or sexual violence
in the home.
Children Who Witness
Domestic Violence - Victim
Services: 9.10
Develop a continuum of
services for children who
exhibit behaviors consistent
with exposure to or
victimization by domestic or
sexual violence.
52 The State Plan on Domestic & Sexual Violence:
Chapter 10: Implementation Process
Implementation
Process
With the completion of the State Plan, work must now begin
to ensure that the recommendations become reality. Criteria
such as the Governor's priorities, community impact, and
feasibility will be used to determine which recommendations
the Commission will address first.
Just as the creation of these recommendations took
participation from individuals from across the state,
implementation will require the effort and buy- in from all the
stakeholders, especially those entities who will be most
affected by the changes. Implementation Design Teams
( IDTs) will be formed in Summer 2004. In addition to
Commissioners, community experts and key
stakeholders, the IDTs will also include
individuals from state and local levels who
possess the ability to effect systems changes.
In order to inform the public of the strategies
and actions being identified and on the
progress being made on the recommendations
by the IDTs, public forums will be held around
the state.
The IDTs will develop strategies and action
plans around the selected recommendations. Potential
strategies and action might involve amending statutes or
rules, and improving training, education and outreach. Other
strategies might involve cultivating new funding or looking
for opportunities to leverage already existing funding.
Moreover, the IDTs will identify barriers and ways to
overcome implementation. The IDTs will also identify the
collaborating entities and those parties who will be taking
primary responsibility for ongoing development of the
implementation designs.
Implementation Design Teams
will develop strategies and
action plans based on
priorities, community impact
and feasibility assessments.
A Guide for Safety & Justice in Arizona - June 2004 53
Some communities may wish to work on recommendations that
are beyond those included in the Commission's first
implementation phase and they are encouraged to do so through
their own regional coordinated response teams. It is the desire
of the Commission to support and link with all efforts that will
lead to ending domestic and sexual violence in Arizona.
To keep the State informed on the progress toward
implementing the recommendations, updates will be given at
least annually at a regular meeting of the Commission. These
updates will also be included in the Commission's Annual
Report that will be posted on the Governor's web page.
54 The State Plan on Domestic & Sexual Violence:
Appendices
Appendices Appendices 55
A Contributors to The State Plan on 57
Domestic and Sexual Violence:
A Guide for Safety and Justice in Arizona
0 Governor’s Commission To Prevent 57
Violence Against Women
0 Advisory Board 59
0 Committee Members 59
0 Governor’s Office for Children, 65
Youth and Families, Division
for Women Staff
B A Timeline of Key Events in the History of 67
Domestic and Sexual Violence ( 1970s – 2000s)
C Myths and Facts about Domestic Violence 71
D Glossary of Terms and Acronyms 73
E Arizona Revised Statues for 77
Domestic Violence and Sexual Assault
F References 91
A Guide for Safety & Justice in Arizona - June 2004 55
56 The State Plan on Domestic & Sexual Violence:
Appendix A: Contributors to The State Plan on
Domestic and Sexual Violence:
A Guide for Safety and Justice in Arizona
Governor's
Commission To
Prevent Violence
Against Women
Tracy Bame, Phelps Dodge Corp
Ginger Bealer, Phoenix Family Advocacy Center
Margie Bentzen, Flagstaff Police Department, Family Crimes Unit
Socorro Bernasconi, Centro de Amistad
Peggy Bilsten, Chair, City of Phoenix
Bernadine Boyd, Fort McDowell Yavapai Nation
Anna Chavez, Department of Economic Security
Stasy Click, ASU Victims Legal Assistance Project
Dean Coonrod, MIHS/ MedPro
Rod Covey, Department of Public Safety
Patricia Creason, Lake Havasu Social Service Interagency Council
Jean Crinan, Mt. Graham Safe House
Gene D'Adamo, The Arizona Republic
Sandra Duke Lowe, Fresh Start Foundation
William Ekstrom, Mohave County Attorney
Janet Elsea, Communications Skills
Andy Federhar, Fennemore Craig
Kathleen Ferraro, ASU/ AzCADV
Martha Fraser Harmon, M. A. N.
Dorothy Fulton, Navajo Department of Criminal Investigations
Sue Glawe, Blue Cross Blue Shield of Arizona
Kim Halbig- Sparks, Attorney General's Office
Jane Hausner, Verde Valley Sanctuary
Harold Hurtt, Phoenix Police
Emily Jenkins, Tucson Medical Center
Mary Lynn Kasunic, Area Agency on Aging
Sarah Kennedy, Arizona Sexual Assault Network
Michelle Kim, Korean Cultural Center
A Guide for Safety & Justice in Arizona - June 2004 57
Loren Kirkeide, SRP
Kathy Kitcheyan, San Carlos Apache Tribe
Mary Koss, University of Arizona College of Public Health
Robert Lehner, Vice Chair, City of Tucson
Karen Leong, ASU Women's Studies Department
Barbara Lewkowitz, YWCA
Arnold Lockett, Jr., NAACP
Kathy McLaughlin, Yavapai Family Advocacy Center
Preston McMurry, McMurry Publishing
Beth McRae, The McRae Agency; WISH
Leah Meyers, AzCADV
Jerald Monahan, Pinal County Sheriff's Office
Glenn Nichols, City of Benson
Paul O'Connell, Superior Court Administration/ Arizona Superior Court in
Pinal County
Anu Partap, Arizona Center for Community Pediatrics
Connie Phillips, Sojourner Center
John Pombier, Mesa City Prosecutor's Office
Bridget Riceci, Southern Arizona Center Against Sexual Assault
Elaine Richardson, Department of Real Estate
Michele Schubert, The Brewster Center for Domestic Violence Services
Vikki Shirley, Navajo Nation
Fran Smith, Southwest Gas
Lorel Stevens, Accounting and Finance Personnel
Rebecca Tsosie, ASU Law School; Pasqua Yaqui Community
Blanca Varela, Community Activist
Phill Westbrooks, City of Chandler
Thelda Williams, Maricopa County Sheriff's Office
Kim Williams- Barnes, Community Activist
58 The State Plan on Domestic & Sexual Violence:
Tracy Bame, Phelps Dodge
Peggy Bilsten, City of Phoenix, Chair
Gene D'Adamo, Arizona Republic
Sue Glawe, Blue Cross/ Blue Shield of Arizona
Lisa Glow, Director, Governor’s Office for Children, Youth and Families
Martha Harmon, Men's Anti- violence Network
Emily Jenkins, Tucson Medical Center
Leah Meyers, Arizona Coalition Against Domestic Violence
Mary Thomson, Director, Governor’s Division for Women
Connie Phillips, Sojourner Center
Matt Ade, MCAPD
Jean Ajamie, ADE Comprehensive Health Programs
Ian Alexander, Pima Co. Adult Probation - DV Unit
Lynn Allman, Arizona Department of Public Safety
Maxine Anderson, City of Phoenix Human Services Division
Jackie Anderson, Chrysalis
Miriam Arene, Southwest Human Development-- Healthy Families
Elise Argall, City of Phoenix
Mary Arredondo, Community Member
Deborah Arteaga, Arizona Women's Education Employment
Jackie Austin, Arizona Women's Education Employment
Karen Bachar, UA, MEZA College of Public Health
Ann Bagnall, Pinal County Attorney's Office
Jennifer Bagshaw, ASU Student
Panthea Baker, Pinal County Attorney's Office
Tracy Bame, Co- Chair, Phelps Dodge Corporation
Rene Bartos, DHS, Office of Women and Children's Health
Heather Baxter, Jewish Family and Children's Services
Bonny Beach, American Indian Prevention Coalition, Inc.
Ginger Bealer, Phoenix Family Advocacy Center
Michelle Begay, Tohono O'odham Police Department
Margie Bentzen, Flagstaff PD, Family Crimes Unit
Socorro Bernasconi, Centro de Amistad
Martin Brook, ASU Student
Brandi Brown, Arizona Center Against Domestic Violence
Diane Brown, Arizona Protective Parents Network
Tracy Bucher, Women Living Free
Wanda Bundy, Americans For Decency
Advisory Board
Committee Members
60 The State Plan on Domestic & Sexual Violence:
Fran Burns, Phoenix Police Department
Josue Bustos, Community Member
Lucille Butler, Department of Economic Security - Community Services Administration
Kelly Campbell, ASU/ Arizona Center Against Domestic Violence
Tricia Cano, Faith House Domestic Violence Shelter
Carolyn Carlson, Community Member
Julie Castro, PHASE
Lourdes Charles, Glendale Police Department
Anna Chavez, Department of Economic Security
Ruth Cherrick, Southern Arizona Center Against Sexual Assault
Arthea China, Community Activist
Theresa Clark, Phoenix Police
Stasy Click, ASU Victims Legal Assistance Project
Caron Close, City of Scottsdale City Prosecutor
Margie Coggins, Volunteer Center of Maricopa County
Dean Coonrod, Maricopa Integrated Health Services/ MedPro
Kisa Corcoran, Gila River Indian Community
Jeannette Costa, Chrysalis
Rod Covey, Co- chair, Department of Public Safety
Tim Cox, City of Tempe - Social Services Crisis Response
Patricia Creason, Lake Havasu Social Service Interagency Council
Jean Crinan, Mt. Graham Safe House
Gene D'Adamo, The Arizona Republic
Manny Davila, Phoenix Police Department
Joyce Dehnert, Arizona Department of Public Safety
Debbra Determan, Maricopa Association of Governments
Corliss Ditton, Community Member
Rosie Dominguez, Child Crisis Center
Deana Dominguez, Mt. Graham Safe House
Sabrina Douglas, Arizona Coalition Against Domestic Violence
Sandra Duke Lowe, Fresh Start Foundation
Theresa Duran, Pinal Hispanic Council
Betty Eagan, ASU Student
Lynn Edington, Successful Comebacks, Inc.
William Ekstrom, Mohave County Attorney
Janet Elsea, Communications Skills
Andy Federhar, Fennemore Craig
Kathleen Ferraro, ASU/ Arizona Center Against Domestic Violence
Kevin Fincel, City of Phoenix At Risk Youth Division; Project BRAVE
Elizabeth Finn, Glendale City Court ( Presiding Judge)
Joan Fox, Community Member
A Guide for Safety & Justice in Arizona - June 2004 61
Francesca Fragomen, PREHAB
Martha Fraser Harmon, Co- chair, Men's Anti- violence Network ( M. A. N)
Dorothy Fulton, Navajo Department of Law Enforcement
Gina Gavaris, Unified Solutions Consulting Group
Sarah Ghazi, ADE Comprehensive Health Programs
Kathleen Gillis, Imaging Assets
Sue Glawe, Blue Cross Blue Shield of Arizona
Cory Gonzales, Center for Urban Inquiry
Carma Good, ASU Student
Patricia Goubeaux, New Directions Institute for Infant Brain Development
Steve Grams, SAGE Counseling
Laura Guild, Arizona Department of Economic Security
Kim Halbig- Sparks, Attorney General's Office
James Hardina, ASU Police Department
Richard Harper, West Valley Court Diversions Services, Inc.
Debbie Harsh, The Brewster Center, ASU School of Social Work
Bill Hart, Arizona Center Against Domestic Violence
Dorothy Hastings, Arizona Department of Health Services- Office of Women and
Children's Health
Kato Haws, ASU Student
Kate Henderson, Department of Public Safety
Carol Hensell, Rape Prevention and Education
Tesha Hensley, Community Alliance Against Family Abuse
Randi Herman, Chrysalis
Jacqueline Hernandez, Southern Arizona Center Against Sexual Assault
Chris Herzog, Catholic Social Services- Diversion Program
Susan Hickcox, Voice for Victims
Elizabeth Holman, Arizona State University
Laura Horsley, House of Hope
Jill Hudson, Current Law School Professor
Harold Hurtt, Phoenix Police
Roger Illingworth, Department of Public Safety
Wendy Irish, Pima Co. Adult Probation- DV Unit
Donna Irwin, Community Member
Emily Jenkins, Tucson Medical Center
Kay Jerin, Capitol Weed and Seed Coalition
Christy Johnson, Community Alliance Against Family Abuse
Julie Johnston, The Brewster Center
David Jurado, Pima County Adult Probation - DV Unit
Mary Lynn Kasunic, Area Agency on Aging
Janet Kellehan, Phoenix Police
Edie Kempf, Community Member
Katherine Kennedy, Peer Solutions
Sarah Kennedy, Arizona Sexual Assault Network
Sharon Ketchum, Arizona Prevention Resource Center
Michelle Kim, Korean Cultural Center
Carmen King, Autumn House
Maggie King, Volunteer Center of Maricopa County
Liz Kinsworthy, Domestic Violence Educator
Loren Kirkeide, SRP
Melissa Knight, Pinal County Superior Court
Julianna Koob, Arizona Coalition Against Domestic Violence
Mary Koss, University of Arizona College of Public Health
Sheri Lauritano, City of Phoenix, Prosecutor's Office
Anna Maria Leff, DES - Division For Children, Youth and Families
Robert Lehner, Co- chair, City of Tucson
Karen Leong, ASU Women's Studies Department
Kristie Leshinskie, Maricopa Association of Governments
Cheri Levenson, Community Member
Terri Leveton, Halo of Hope
Barbara Lewkowitz, YWCA
Yvonne Luna, ACADV Board Member
Sara Lunde, Arizona Center Against Domestic Violence
Chris Lyons, Community Health Services-- ASU School of Nursing
Michael Mandel, Southern Arizona Center Against Sexual Assault
Michelle Marker, PREHAB of Arizona
James Markey, Phoenix Police Department
Ron Martin, Apache Junction Police Department
Dana Martinez, PREHAB of Arizona
Dianna May, Community Member
Carolyn McBurney, Envision Project Management
Scott McGuire, Community Member
Michelle McKinley- Tarango, Eloy Police Department
Kathy McLaughlin, Co- chair, Yavapai Family Advocacy Center
Preston McMurry, McMurry Publishing, Inc.
Beth McRae, The McRae Agency; WISH
Rosie Mendoza, Phoenix Police Department
Anna Mendoza, Community Member
Leah Meyers, Arizona Coalition Against Domestic Violence
62 The State Plan on Domestic & Sexual Violence:
Craig Mills, Employers Against Domestic Violence
Jerald Monahan, Pinal County Sheriff's Offices
Lisa Moore, Community Legal Service, East Valley Office
Yolanda Morales, Americorps Program Director
Shana Morales, Southern Arizona Center Against Sexual Assault
Sina Mowzoon, Community Member
Tyne Naven, Arizona Coalition Against Domestic Violence
Don Newcomer, Phoenix Police Department
Glenn Nichols, City of Benson
Amanda Nosbisch, Peer Solutions
Val Oatis, ASU Student
Paul O'Connell, Pinal County Superior Court, Superior Court Administration
Ken Oglivie, Alice's Place; Winslow Memorial Hospital
Sue Osburn, Counseling Consulting
Tracy Pagano, City of Phoenix Prosecutor's Office
Mike Parascandola, City of Goodyear
Barbara Parascandola, City of Phoenix Prosecutor's Office
Anu Partap, Co- chair, Arizona Center for Community Pediatrics
Roberta Perpich, Justice Services, Inc.
Virginia Person, Life Skills Counseling, Inc.
Holly Petersen, Child Protective Services
Robin Pfohl, Horizon Human Services
Connie Phillips, Co- chair, Sojourner Center
Doug Pilcher, City of Phoenix, Municipal Courts
Joel Pinkett, Sojourner Center
John Pombier, Co- chair, Mesa City Prosecutor's Office
Jill Porcelli, Prehab's Faith House
Dianne Post, Arizona Coalition Against Domestic Violence
Lynn Potts, The Mesa City Prosecutor's Office
M. J. Raciti, Tucson City Prosecutor's Office
Sandra Ram, City of Phoenix Women's Commission
Jennifer Rauhouse, Peer Solutions
Tom Reardon, CASA
Lillie Reed, ASU Student
Roni Reid, Chrysalis/ PEACE
Shelley Reimann, City Auditor Department
Bridget Riceci, Co- chair, Southern Arizona Center Against Sexual Assault
Cindy Richmond, Area Agency on Aging
Bonnie Rock, ACADV Board Member
Stacey Rowlan, Community Activist
A Guide for Safety & Justice in Arizona - June 2004 63
Terri Roza, Project Free
Dawn Russo, West Valley Court Diversions Services, Inc.
Dave Sampson, Phoenix Police Department
Matt Sanders, Counseling Consulting
Nicky Santos, Mesa Police Department
Michele Schubert, The Brewster Center for Domestic Violence Services
Edna Scott, Community Member
Karen Shaver, Chrysalis
Ramona Shingler, Estrella Mountain Community College
Andrea Sierra, Prehab
Doris Sisk, University Physicians, Inc.
Sheila Sjolander, Arizona Department of Health Services
Wally Sjolander, Area Agency on Aging
Elise Souter, Tucson Police Department
Lorel Stevens, Accounting and Finance Personnel
Susan Stevens- Clarke, City of Chandler
Marguerite Stoddard, Tohono O'odham Police Department
Tracy Stombres, Community Member
Barbara Strachan, Catholic Social Services- Diversion Program
Eleanor Strang, Arizona Department of Health Services- Bureau of Emergency Services
Holly Sullivan, Ariozna Sexual Assault Network
Mary Jo Swartz, DES - Community Services Administration
Ruth Tan Lim, Dobson Pediatrics/ Children's Benefit Foundation
Valerie Tapia, Verde Valley Sanctuary
Sara Thome, Northern Arizona Center Against Sexual Assault
Johnna Thompson, Pinal County Attorney's Office
Jacque Tobias, City of Phoenix Prosecutor's Office
Virginia Vappereau, Community Activist
Blanca Varela, Co- chair, Community Activist
Ralph Varela, Pinal Hispanic Council
Veronica Vensor, ADHS, Public Health Prevention
Maxine Wadsworth, Hopi Tribe Domestic Violence Program
Kori Warren, Arizona CASA
Sam Wercinski, Custom Realty
JoAnne Wermes, Department of Public Safety
Phill Westbrooks, City of Chandler
Tracey Wilkinson, Scottsdale Police, Crisis Intervention Service
Thelda Williams, Maricopa County Sheriff's Office
Diane Wilson, PHASE
64 The State Plan on Domestic & Sexual Violence:
Diane Wilson, PHASE
Terri Woodmansee, Goodyear Police Department
Angela Yancik, Southern Arizona Center Against Sexual Assault
Jessica Ybarra, Southern Arizona Center Against Sexaual Assault
Kimberly Yedowitz, Scottsdale Healthcare Forensic Nurse Examiners
Coreen Young, To the Point
Governor’s Division
for Women Staff
Mary Thomson, Director, Division for Women
Allie Bones, Senior Program Analyst, Violence Against
Women
Evelyn Buckner, Program Administrator
Maureen Domogala, Program Administrator
Eva Lester, Assistant Program Administrator
Bre Thomas, Women’s Health Policy Advisor
Kelly Ward, Special Projects for Women
Melissa Wright, Administrative Coordinator
A Guide for Safety & Justice in Arizona - June 2004 65
66 The State Plan on Domestic & Sexual Violence:
Appendix B:
A Timeline of Key Events in the History of
Domestic and Sexual Violence ( 1970s – 2000s)
The 1970s
1970 1971 1972 1973 1974 1975 1976 1977 1978 1979
United States Commission on Civil
Rights holds “ A Consultation on
Battered Women” in Washington
DC. The two- day proceedings
feature hundreds of advocates and
result in the publication of “ Battered
Women: Issues of Public Policy.”
During this conference, the National
Coalition Against Domestic Violence
( NCADV) is born.
National Communications Network for
the Elimination of Violence Against
Women ( NCN) publishes first national
newsletter on issues facing battered
women.
Women around the country organize
the first annual “ Take Back the Night”
marches.
Pennsylvania founds the first
state coalition against Domestic
Violence.
First emergency rape crisis hotline
opens in Washington, D. C.
Rainbow Retreat, one of the
country’s first battered women’s
shelters, opens in Phoenix, Arizona.
First US rape crisis center opens
in San Francisco.
A Guide for Safety & Justice in Arizona - June 2004 67
The 1980s
1980 1981 1982 1983 1984 1985 1986 1987 1988 1989
NCADV holds national conference. 600
women, representing 49 states, attend.
Arizona Coalition Against Domestic Violence
is born.
The first annual Domestic Violence Awareness Month is
celebrated.
Over 500 shelters are in operation nationwide.
Subcommittees of the Navajo Nation Council hold
hearings on the impact of domestic violence, and
Navajo Nation courts develop rules for criminal and
civil proceedings.
Congress passes the Family Violence
Prevention and Services Act ( FVPSA).
Surgeon General identifies domestic
violence as a major public health
concern.
NCADV opens first national
domestic hotline.
68 The State Plan on Domestic & Sexual Violence:
1990 1991 1992 1993 1994 1995 1996 1997 1998 1999
The U. S. Surgeon General
announces that abuse by husbands
is the leading cause of injuries to
women aged 15 to 44.
The American Medical Association
recommends that doctors screen
women for signs of domestic
violence.
The United Nations identifies violence against
women as an international human rights issue
and produces the Declaration on the
Elimination of Violence Against Women.
Congress passes the Violence
Against Women Act ( VAWA)
into law, providing increased
funding for services, increased
training for law enforcement,
and further civil remedies for
victims of violence.
Office on Violence Against
Women is created within the
Department of Justice. This
office oversees over $ 1 billion in
grants to states.
Over 1,200 shelters
are in operation
nationwide. Arizona Legislature creates the
Domestic Violence Shelter Fund, a
dedicated fund source for shelter
services in the state.
The 1990s
A Guide for Safety & Justice in Arizona - June 2004 69
The 2000s
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
Arizona Legislature and Governor
approve the appropriation of $ 3
million in TANF funding for
emergency shelter and legal
advocacy services.
Congress Reauthorizes of the
Violence Against Women Act,
adding the Trafficking Victims
Protection Act of 2000.
Arizona Legislature and Governor
approve the appropriation
$ 500,000 for emergency shelter
and legal advocacy services.
Landmark Nicholson case in New
York City rules that Child Protective
Services cannot remove a child from
the home solely because their
mothers are victims of domestic
violence.
Governor Napolitano renames the
Commission to Prevent Family Violence
to the Governor’s Commission to
Prevent Violence Against Women.
The State Plan on Domestic & Sexual
Violence: A Guide for Safety & Justice
in Arizona is developed and
implementation begins.
70 The State Plan on Domestic & Sexual Violence:
Appendix C: Myths and Facts about
Domestic Violence
Appendix C:
Myths and Facts
about Domestic
Violence
Myth:
Battering is a momentary loss of temper.
Fact:
Battering is a pattern of behavior that establishes power and
control over a partner using threats and violent behavior.
0
Myth:
Battered victims who return to their abusers are masochistic or
extremely dependent.
Fact:
Abusers manipulate women’s emotions using “ recapture”
language and tactics, convincing them to return.
0
Myth:
Most battered women are young, poor, minority, uneducated or
unemployed.
Fact:
Domestic violence affects women of all races, ages, religions and
social, economic or employment status.
0
Myth:
Battered women choose the wrong partner because of something
in their past that affects their judgment.
Fact:
Domestic violence is not the result of poor judgment of a woman.
Violence is a conscious choice of the abuser.
.
A Guide for Safety & Justice in Arizona - June 2004 71
Myth:
Women cry “ domestic violence” just to win in custody cases.
Fact:
In fact, there is a backlash against victims of domestic violence.
Nationwide, in 70% of cases where abuse is alleged, the abusive
parent gets full custody of the children.
0
Myth:
Battered women in shelters don’t know how to make good
decisions, or they wouldn’t be there.
Fact:
The decision to go to a shelter is an act toward safety; a woman in
a shelter sacrifices her privacy and her own home to obtain safety.
0
Myth:
If battered women would just leave, the abuse would stop.
Fact:
Actually, the most dangerous time for victims is when they are
leaving.
0
Myth:
Alcohol and drugs cause domestic violence.
Fact:
While alcohol and drugs are present in many domestic violence
scenes, they cannot be blamed for the violence - the abuser makes
a choice to behave violently.
0
Myth:
Children aren’t aware of the violence in their home.
Fact:
There is no age at which children living with domestic violence
are not adversely affected.
72 The State Plan on Domestic & Sexual Violence:
Appendix D: Glossary of Terms and Acronyms
Appendix D:
Glossary of Terms
Conditions of Release
A document provided by the court detailing the requirements
and prohibitions of a person coming out of jail or prison.
Domestic Violence
Physical, sexual, emotional or psychological abuse of a current
or former intimate partner.
Dual Arrest
Situation in which a law enforcement officer arrests both par-ties
in a domestic violence situation.
Felony
A serious crime that is punishable by a more stringent sen-tence
than that given for a misdemeanor.
Misdemeanor
A crime, less serious than a felony, which is punishable by a
fine or imprisonment in a county or city jail rather than in a
penitentiary.
Order of Protection
An Order of Protection is a civil court order that can be re-quested
by a victim and is meant to protect that person from
harm or harassment by the abuser.
Predominant Aggressor
The person who is more likely to inflict injury and less likely
to be afraid as a result of having the power and control in the
relationship.
A Guide for Safety & Justice in Arizona - June 2004 73
Prevention
0 Primary Prevention
Primary prevention strategies protect individuals from
becoming a victim, perpetrator, or witness of domestic or
sexual violence.
0 Secondary Prevention/ Early Intervention
Secondary prevention strategies aim to help keep
individuals who have already been exposed to abuse from
experiencing negative consequences linked with that
experience.
0 Tertiary Prevention
Tertiary prevention strategies aim to help individuals who
have already suffered negative consequences from DV or SA
from experiencing ongoing, debilitating effects.
Sexual Assault
Purposeful exposure of an unwilling or unconsenting person to
actions with sexual content, ranging from inappropriate touching to
intercourse.
Shelter/ Safe House
A safe, temporary place for victims of domestic violence and their
children to go when they have left their abuser. The length of stay
varies from 30 days at some shelters to 120 days in others. Some
shelters also offer transitional housing, where women and children
can stay for as long as two years.
Vulnerable Adult
A person who is either being mistreated or in danger of being
mistreated or neglected, and who, because of age and/ or disability,
is unable to protect him/ herself.
74 The State Plan on Domestic & Sexual Violence:
Acronyms
AHCCCS
Arizona Health Care Cost
Containment System
APS
Adult Protective Services
AOCA
Administrative Office of the
Courts, AZ Supreme Court
ARS
Arizona Revised Statute
BHS
Behavioral Health Services
BIW
Battered Immigrant Women
CCRT
Coordinated Community
Response Team
CDC
Center for Disease Control
CPOR
Court Protective Order
Repository
CPS
Child Protective Services
CPVAW
Commission to Prevent
Violence Against Women
CRT
Crisis Response Team
DES
Department of Economic
Security
DFW
Division for Women
DHS
Department of Health
DPS
Department of Public Safety
DOH
Department of Housing
DOJ
US Department of Justice
DVOTP
Domestic Violence Offender
Treatment Program
EADV
Employers Against Domestic
Violence
FAC
Family Advocacy Center
FRT
Fatality Review Team
GOCYF
Governor’s Office for Children,
Youth and Families
HHS
US Department of Health and
Human Services
A Guide for Safety & Justice in Arizona - June 2004 75
HMIS
Homeless Management
Information System
HUD
US Department of Housing and
Urban Development
IAH
Injunction Against Harassment
IDT
Implementation Design Teams
LGBT
Lesbian, Gay, Bisexual or
Transgendered
MAN
Men’s Anti- violence Network
MDT
Multidisciplinary Team
NFSA
Need For Services Assessment
OBHL
Office of Behavioral Health
Licensure
OP
Order of Protection
RAINN
Rape, Abuse, Incest National
Network
SACT
State Agency Coordinating Team
SART
Sexual Assault Response Team
SCAN
Sex Crimes Analysis Network
SSI
Supplemental Security Income
TANF
Temporary Assistance for Needy
Families
VAWA
Violence Against Women Act
VICAP
Violent Criminal Apprehension
Program
76 The State Plan on Domestic & Sexual Violence:
Appendix E: Arizona Revised Statues for Domestic
Violence and Sexual Assault
Appendix E:
Arizona Revised
Statues for
Domestic Violence
and Sexual Assault
As of June 2004
A. " Domestic violence" means any act which is a dangerous crime against
children as defined in section 13- 604.01 or an offense defined in section 13-
1201 through 13- 1204, 13- 1302 through 13- 1304, 13- 1502 through 13- 1504 or
13- 1602, section 13- 2810, section 13- 2904, subsection A, paragraph 1, 2, 3 or
6, section 13- 2916 or section 13- 2921, 13- 2921.01, 13- 2923, 13- 3019, 13-
3601.02 or 13- 3623, if any of the following applies:
1. The relationship between the victim and the defendant is one of
marriage or former marriage or of persons residing or having
resided in the same household.
2. The victim and the defendant have a child in common.
3. The victim or the defendant is pregnant by the other party.
4. The victim is related to the defendant or the defendant's spouse by
blood or court order as a parent, grandparent, child, grandchild,
brother or sister or by marriage as a parent- in- law, grandparent- in-law,
stepparent, step- grandparent, stepchild, step- grandchild,
brother- in- law or sister- in- law.
5. The victim is a child who resides or has resided in the same
household as the defendant and is related by blood to a former
spouse of the defendant or to a person who resides or who has
resided in the same household as the defendant.
B. A peace officer may, with or without a warrant, arrest a person if the
officer has probable cause to believe that domestic violence has been
committed and the officer has probable cause to believe that the person to
be arrested has committed the offense, whether such offense is a felony or a
misdemeanor and whether such offense was committed within or without
the presence of the peace officer. In cases of domestic violence involving
the infliction of physical injury or involving the discharge, use or
threatening exhibition of a deadly weapon or dangerous instrument, the
peace officer shall arrest a person, with or without a warrant, if the officer
has probable cause to believe that the offense has been committed and the
officer has probable cause to believe that the person to be arrested has
committed the offense, whether such offense was committed within or
without the presence of the peace officer, unless the officer has reasonable
grounds to believe that the circumstances at the time are such that the
victim will be protected from further injury. Failure to make an arrest does
not give rise to civil liability except pursuant to section 12- 820.02. In order
to arrest both
ARS 13- 3601.
Domestic violence;
definition;
classification;
sentencing option;
arrest and
procedure for
violation; weapon
seizure; notice;
report; diversion
A Guide for Safety & Justice in Arizona - June 2004 77
to arrest both parties, the peace officer shall have probable cause to believe that
both parties independently have committed an act of domestic violence. An act
of self- defense that is justified under chapter 4 of this title is not deemed to be
an act of domestic violence. The release procedures available under section 13-
3883, subsection A, paragraph 4 and section 13- 3903 are not applicable to
arrests made pursuant to this subsection.
C. A peace officer may question the persons who are present to determine if a
firearm is present on the premises. On learning or observing that a firearm is
present on the premises, the peace officer may temporarily seize the firearm if
the firearm is in plain view or was found pursuant to a consent to search and if
the officer reasonably believes that the firearm would expose the victim or
another person in the household to a risk of serious bodily injury or death. A
firearm owned or possessed by the victim shall not be seized unless there is
probable cause to believe that both parties independently have committed an
act of domestic violence.
D. If a firearm is seized pursuant to subsection C of this section, the peace officer
shall give the owner or possessor of the firearm a receipt for each seized
firearm. The receipt shall indicate the identification or serial number or other
identifying characteristic of each seized firearm. Each seized firearm shall be
held for at least seventy- two hours by the law enforcement agency that seized
the firearm.
E. If a firearm is seized pursuant to subsection C of this section, the victim shall
be notified by a peace officer before the firearm is released from temporary
custody.
F. If there is reasonable cause to believe that returning a firearm to the owner or
possessor may endanger the victim, the person who reported the assault or
threat or another person in the household, the prosecutor shall file a notice of
intent to retain the firearm in the appropriate superior, justice or municipal
court. The prosecutor shall serve notice on the owner or possessor of the
firearm by certified mail. The notice shall state that the firearm will be retained
for not more than six months following the date of seizure. On receipt of the
notice, the owner or possessor may request a hearing for the return of the
firearm, to dispute the grounds for seizure or to request an earlier return date.
The court shall hold the hearing within ten days after receiving the owner's or
possessor's request for a hearing. At the hearing, unless the court determines
that the return of the firearm may endanger the victim, the person who
reported the assault or threat or another person in the household, the court
shall order the return of the firearm to the owner or possessor.
78 The State Plan on Domestic & Sexual Violence:
G. A peace officer is not liable for any act or omission in the good faith exercise
of the officer's duties under subsections C, D, E and F of this section.
H. Each indictment, information, complaint, summons or warrant that is issued
and that involves domestic violence shall state that the offense involved
domestic violence and shall be designated by the letters DV. A domestic
violence charge shall not be dismissed or a domestic violence conviction
shall not be set aside for failure to comply with this subsection.
I. A person arrested pursuant to subsection B of this section may be released
from custody in accordance with the Arizona rules of criminal procedure or
any other applicable statute. Any order for release, with or without an
appearance bond, shall include pretrial release conditions necessary to
provide for the protection of the alleged victim and other specifically
designated persons and may provide for additional conditions which the
court deems appropriate, including participation in any counseling
programs available to the defendant.
J. When a peace officer responds to a call alleging that domestic violence has
been or may be committed, the officer shall inform in writing any alleged or
potential victim of the procedures and resources available for the protection
of such victim including:
1. An order of protection pursuant to section 13- 3602, an injunction
pursuant to section 25- 315 and an injunction against harassment
pursuant to section 12- 1809.
2. The emergency telephone number for the local police agency.
3. Telephone numbers for emergency services in the local community.
K. A peace officer is not civilly liable for noncompliance with subsection J of
this section.
L. An offense included in domestic violence carries the classification prescribed
in the section of this title in which the offense is classified. If the defendant
committed a felony offense listed in subsection A of this section against a
pregnant victim and knew that the victim was pregnant or if the defendant
committed a felony offense causing physical injury to a pregnant victim and
knew that the victim was pregnant, the maximum sentence otherwise
authorized shall be increased by up to two years.
M. If the defendant is found guilty of an offense included in domestic violence
and if probation is otherwise available for that offense, the court may,
without entering a judgment of guilt and with the consent of the defendant,
defer further proceedings and place the defendant on probation or intensive
probation, as provided in this subsection. The terms and conditions of
probation or intensive probation shall include those necessary to provide for
A Guide for Safety & Justice in Arizona - June 2004 79
the protection of the alleged victim and other specifically designated persons
and additional conditions and requirements which the court deems
appropriate, including imposition of a fine, incarceration of the defendant in
a county jail, payment of restitution, completion of a domestic violence
offender treatment program that is provided by a facility approved by the
department of health services or a probation department or any other
counseling or diversionary programs that do not involve domestic violence
and that are available to the defendant. On violation of a term or condition
of probation or intensive probation, the court may enter an adjudication of
guilt and proceed as otherwise provided for revocation of probation. On
fulfillment of the terms and conditions of probation or intensive probation,
the court shall discharge the defendant and dismiss the proceedings against
the defendant. This subsection does not apply in any case in which the
defendant has previously been found guilty under this section, or in which
charges under this section have previously been dismissed in accordance
with this subsection.
N. If a defendant is diverted pursuant to this section, the court shall provide the
following written notice to the defendant:
You have been diverted from prosecution for an offense included in
domestic violence. You are now on notice that:
1. If you successfully complete the terms and conditions of diversion,
the court will discharge you and dismiss the proceedings against
you.
2. If you fail to successfully complete the terms and conditions of
diversion, the court may enter an adjudication of guilt and proceed
as provided by law.
O. If the defendant is found guilty of a first offense included in domestic
violence, the court shall provide the following written notice to the
defendant:
You have been convicted of an offense included in domestic violence. You
are now on notice that:
1. If you are convicted of a second offense included in domestic
violence, you may be placed on supervised probation and may be
incarcerated as a condition of probation.
2. A third or subsequent charge may be filed as a felony and a
conviction for that offense shall result in a term of incarceration.
The failure or inability of the court to provide the notice required under
subsections N and O of this section does not preclude the use of the prior
convictions for any purpose otherwise permitted.
80 The State Plan on Domestic & Sexual Violence:
A. A person may file a verified petition, as in civil actions, with a
magistrate, justice of the peace or superior court judge for an
order of protection for the purpose of restraining a person from
committing an act included in domestic violence. If the person is a
minor, the parent, legal guardian or person who has legal custody
of the minor shall file the petition unless the court determines
otherwise. The petition shall name the parent, guardian or
custodian as the plaintiff and the minor is a specifically
designated person for the purposes of subsection G of this section.
If a person is either temporarily or permanently unable to request
an order, a third party may request an order of protection on
behalf of the plaintiff. After the request, the judicial officer shall
determine if the third party is an appropriate requesting party for
the plaintiff. For the purposes of this section, notwithstanding the
location of the plaintiff or defendant, any court in this state may
issue or enforce an order of protection.
B. An order of protection shall not be granted:
1. Unless the party who requests the order files a written
verified petition for an order.
2. Against a person who is less than twelve years of age
unless the order is granted by the juvenile division of the
superior court.
3. Against more than one defendant.
C. The petition shall state the:
1. Name of the plaintiff. The plaintiff's address shall be
disclosed to the court for purposes of service. If the
address of the plaintiff is unknown to the defendant, the
plaintiff may request that the address be protected. On
the plaintiff's request, the address shall not be listed on
the petition. Whether the court issues an
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| Rating | |
| TITLE | The state plan on domestic and sexual violence |
| CREATOR | Governor's Commission to Prevent Violence Against Women. |
| SUBJECT | Wife abuse--Government policy--Arizona; Family abuse--Government policy--Arizona; Abused wives--Services for--Arizona; Sexual abuse victims--Government policy--Arizona; |
| Browse Topic |
Crime and violence Family and community |
| DESCRIPTION | 92 pages (PDF version). File size: 3912.475 KB. |
| Language | English |
| Publisher | Governor's Office for Children, Youth and Families, Division for Women. |
| TYPE | Text |
| Material Collection |
State Documents |
| Acquisition Note | Publication or link to publication sent to reports@lib.az.us |
| RIGHTS MANAGEMENT | Copyright to this resource is held by the creating agency and is provided here for educational purposes only. It may not be downloaded, reproduced or distributed in any format without written permission of the creating agency. Any attempt to circumvent the access controls placed on this file is a violation of United States and international copyright laws, and is subject to criminal prosecution. |
| DATE ORIGINAL | 2004-06 |
| Time Period |
2000s (2000-2009) |
| ORIGINAL FORMAT | Born digital |
| Source Identifier | GV 8.2:D 55/3 |
| Location | 56549101 |
| DIGITAL IDENTIFIER | Final%20State%20Plan.pdf |
| DIGITAL FORMAT | PDF (Portable Document Format) |
| REPOSITORY | Arizona State Library. Archives and Public Records--Law and Research Library. |
| File Size | 3912.475 KB |
| Full Text | STATE OF ARIZONA JANET NAPOLITANO OFFICE OF THE GOVERNOR MAIN PHONE: 602- 542- 4331 GOVERNOR 1700 WEST WASHINGTON STREET, PHOENIX, AZ 85007 FACSIMILIE: 602- 542- 7601 June 3, 2004 Dear Community Members, Policy Makers, and Advocates: The crimes of domestic violence and sexual assault have far reaching consequences in communities, affecting children and families throughout the State. We must begin to address the unmet needs of the victims and the children, and we must do more to both prevent abuse and hold offenders accountable for their crimes. In Arizona today, 2 out of every 3 women who seek shelter will be turned away, a child will witness domestic violence every 36 minutes, and nationwide, a woman will be raped every two minutes. These are all reasons why I directed my Commission to Prevent Violence Against Women to develop the State Plan on Domestic and Sexual Violence. This blueprint will assist with identifying ways to improve Arizona’s response to these public health and safety issues. I am grateful for the hard work and dedication of those who helped to create this State Plan. However, documents like this get created every year with the best of intentions, but wind up collecting dust on bookshelves. Now we must roll up our sleeves and get to work on some very tough issues that will take significant leadership from all areas of the community, including the courts, law enforcement, social services, business leaders, elected officials, and clergy. I want to encourage every citizen to familiarize him or herself with this important State Plan and join me in working to end violence against women in Arizona. Yours very truly, Janet Napolitano Governor 2 The State Plan on Domestic & Sexual Violence: Introductory Letter from Governor Janet Napolitano 1 Contents 3 Executive Summary 5 Chapter 1: Defining the Problem 11 Chapter 2: Arizona’s Response 17 Chapter 3: Prevention/ Early Intervention 21 Recommendations Chapter 4: Victim Services/ Crisis Response 25 Recommendations Chapter 5: Criminal Justice Recommendations 31 Chapter 6: Offender Treatment and Accountability 35 Recommendations Chapter 7: Sexual Violence Recommendations 39 Chapter 8: Data Collection Recommendations 43 Chapter 9: Children Who Witness Domestic Violence 47 Recommendations Chapter 10: Implementation Process 53 CONTENTS A Guide for Safety & Justice in Arizona - June 2004 3 Appendices 55 A Contributors to The State Plan on 57 Domestic and Sexual Violence: A Guide for Safety and Justice in Arizona 0 Governor’s Commission To Prevent 57 Violence Against Women 0 Advisory Board 59 0 Committee Members 59 0 Governor’s Office for Children, 65 Youth and Families, Division for Women Staff B A Timeline of Key Events in the History of 67 Domestic and Sexual Violence ( 1970s – 2000s) C Myths and Facts about Domestic Violence 71 D Glossary of Terms and Acronyms 73 E Arizona Revised Statues for 77 Domestic Violence and Sexual Assault F References 91 4 The State Plan on Domestic & Sexual Violence: Domestic and sexual violence are crimes of power and control, and they are public health and safety issues occurring in epidemic proportions in our country. One in three Arizona women will be a victim of domestic violence. One in five women will be sexually assaulted in her lifetime. The implications of domestic and sexual violence extend beyond individual families, to workplaces and entire communities. Of particular concern is the negative, long-term impact on the millions of children who witness violence every year. In 2003, Governor Napolitano charged the Commission to Prevent Violence Against Women with the task of creating a State Plan on Domestic and Sexual Violence. Subcommittees were formed around the following subject areas: 0 Prevention/ Early Intervention 0 Victim Services/ Crisis Response 0 Criminal Justice 0 Offender Treatment and Accountability 0 Sexual Assault 0 Data Collection Subcommittee membership was open to the public, and participants included Commissioners as well as individuals with expertise in each subject area from around the state. This document is the result of months of input by more than 150 people. Each subcommittee generated recommendations and submitted those with the highest priority to the Commission. The State Plan consists of over 50 broad reaching recommendations, including 13 that have been separated into a special Children's Chapter that specifically addresses the needs of children who witness domestic violence. Executive Summary Executive Summary The State Plan on Domestic and Sexual Violence: A Guide for Safety and Justice in Arizona A Guide for Safety & Justice in Arizona - June 2004 5 To ensure that the State Plan will become reality, the Governor has asked the Commission to prepare for the process of implementation design. Implementation strategies and action plans will be developed that can be applied to the various parts of the system such as law enforcement, the courts, social services and health care. By working together to implement these recommendations, Arizona will be able to make significant progress towards ending violence against women. Prevention/ Early Intervention 0 Identify families at risk via points of regular contact ( schools, medical, etc) 0 Increase prevention curriculum in education settings 0 Enhance the faith based response 0 Raise public awareness around elder and vulnerable adult abuse 0 Encourage employers to provide public awareness and information to employees 0 Develop a multi- lingual media public awareness campaign Victim Services 0 Increase availability of family advocacy centers and sexual assault service provider centers statewide 0 Protect victims of domestic violence from eviction 0 Increase civil and criminal legal representation for victims 0 Develop more appropriate services for specialized populations, including immigrant victims 0 Create a forum for discussing systems changes for law enforcement, the courts and judicial responses to domestic and sexual violence 0 Strengthen coordination of SACT ( State Agency Coordinating Team) 0 Determine best method of accrediting/ licensing domestic violence shelters Summary of Arizona State Plan Recommendations for Domestic and Sexual Violence 6 The State Plan on Domestic & Sexual Violence: 0 Promote VAWA’s statutes on battered immigrant women 0 Improve coordination of basic needs resources such as Housing, Food Stamps, TANF and SSI 0 Create a uniform, statewide, standardized curriculum for cross disciplinary training Criminal Justice 0 Identify and document children and vulnerable adults at the scene of domestic violence incidents and assess needs 0 Create cross- disciplinary training, procedures and protocols subcommittee 0 Centralize access to abusers’ conditions of release to ensure victim safety 0 Promote knowledge and enforcement of existing stalking laws 0 Standardize procedures statewide for obtaining, enforcing and serving Orders of Protection across jurisdictions 0 Develop procedures, policies and protocols to address the issue of dual arrest Offender Treatment/ Accountability 0 Increase access to information on abusers by Law Enforcement, Courts, Probation 0 Create task force to assess and improve offender treatment programs 0 Increase sanctions for non- compliance of court orders 0 Develop guidelines for judges in determining offender treatment 0 Ensure that warrants for non- compliance are served in a timely manner 0 Provide offender treatment to felony offenders while still in prison 0 Support the implementation of the Department of Defense Task Force recommendations on domestic violence at AZ military bases From July 2001 through June 2002, 27,678 women & children requested shelter in Arizona. Shelter was available for 32% Shelter was not available for 68% Almost 2 out of 3 requests were unmet 68% Unmet Need 32% Received Shelter Arizona Department of Economic Security & Department of Health Services, July 2001- June 2002 A Guide for Safety & Justice in Arizona - June 2004 7 Type of Abuse 0 32% Physical 0 21% Economic 0 34% Verbal/ Psychological 0 13% Sexual Arizona Department of Economic Security & Department of Health Services, July 2001- June 2002 32% Physical 21% Economic 34% Verbal/ Psychological 13% Sexual 8 The State Plan on Domestic & Sexual Violence: Sexual Assault 0 Increase capacity of the sexual violence community to provide services, promote prevention, conduct trainings, and create public awareness activities statewide 0 Increase victim access to comprehensive crisis services 0 Develop a formal training network focused on sexual assault issues 0 Repeal Spousal Sexual Assault statute from Arizona Revised Statutes 0 Allow forensic exams for victims who are unsure they want to file a police report 0 Amend the sex assault statute to include multiple levels of sex assault to increase chances of prosecution 0 Create sex trafficking task force 0 Support the military’s efforts to respond to allegations of sexual violence and to prevent future abuse 0 Increase awareness about the incidence of sexual violence on Arizona college campuses and promote appropriate responses Data Collection 0 Support continued development of the Court Protective Order Registry ( CPOR) 0 Support local development of the National Incidence Reporting System ( NIBRS) 0 Encourage use of automated case management tools by service providers to increase efficiency in reporting and to assist in identification of gaps in services 0 Increase prosecution of sex crimes through the Sex Crimes Analysis Network ( SCAN) and the Violent Criminal Apprehension Program ( VICAP) 0 Work with the medical community to enhance data collection on the rate of domestic and sexual violence experienced by their patients 0 Encourage fatality reviews in each region to improve services and coordination 0 Support domestic violence service providers inclusion on the Homeless Management Information System ( HMIS) as long as it is safe to do so 0 Develop and support technology that will allow single data entry for multiple databases Children Who Witness Domestic Violence 0 Develop screening and assessment procedures and trainings on responding to domestic violence in the Child Protective System 0 Create new joint service models in order to respond to families experiencing domestic violence and child maltreatment 0 Discourage the use of potentially dangerous intervention in cases of domestic violence 0 Identify best practices for working with battered women who maltreat their children 0 Create safe visitation and exchange sites 0 Develop bench book and training for family court judges and personnel 0 Establish Training standards for custody evaluators 0 Develop cross trainings on impact of domestic violence on children 0 Develop a continuum of services to children who witness violence 0 Promote coordination of law enforcement and schools, day cares, and youth agencies to address the needs of children who have witnessed domestic violence A Guide for Safety & Justice in Arizona - June 2004 9 10 The State Plan on Domestic & Sexual Violence: Domestic and sexual violence are not only crimes, they are public health and safety issues occurring in epidemic proportions in our state and nationally. One in three women will be a victim of domestic violence in her lifetime, and one in five women will be a victim of sexual violence. As many women will be affected by domestic violence this year as the number of men and women who will have heart attacks. 1 As significant public health and safety issues, both domestic and sexual violence require that the state, public officials and the public invest in finding a cure. The State Plan on Domestic and Sexual Violence: A Guide for Safety and Justice In Arizona is the first step in engaging all stakeholders in a common vision to that end. Domestic violence is defined as “ a pattern of behavior used to establish power and control over another person through fear and intimidation, often including the threat or use of violence.” 2 Domestic violence includes physical abuse, sexual abuse, and emotional/ psychological abuse. The goal of all forms of domestic violence is to intimidate the victim into a state of fear and psychological dependence where the abuser is in complete control. Many victims are also financially dependent on the abuser, adding an additional barrier to leaving the abusive relationship. Moreover, the risk and severity of violence goes up when women attempt to leave their violent relationships; The National Bureau of Justice Statistics reports that the risk of domestic violence- related assaults, including homicides, increases immediately following separation. Chapter 1: Defining the Problem Defining the Problem Arizona’s State Plan on Domestic and Sexual Violence _______________________ 1 Dr. Dean Coonrod, “ Domestic Violence as Public Health Issue,” presented 4/ 27/ 04 2 National Coalition Against Domestic Violence, www. ncadv. org " To effectively address domestic and sexual violence, victims must have services, offenders must be held accountable, and programs must focus on preventing intergenerational violence." Governor Janet Napolitano State of Arizona A Guide for Safety & Justice in Arizona - June 2004 11 Like domestic violence, rape is a crime of power and control. Myths that rape only happens to young, beautiful women wearing provocative clothing perpetuate the idea that rape is a crime of passion, when in fact all women are vulnerable to rape, regardless of age, race, class, education or physical appearance. Research also shows that 60- 75% of rapes are premeditated and motivated by aggression and hatred, not sex. 3 Another myth perpetuated about rape is that most rapists attack women they do not know. In fact, the Rape, Abuse, Incest National Network ( RAINN) reports that approximately 66% of sexual assault victims know their assailants. 4 However, only 39% of rapes and sexual assaults are reported to law enforcement, and rapes committed by acquaintances are much less likely to be reported than stranger rapes. 5 The National Bureau of Justice Statistics reports that domestic violence is the leading cause of injury for women ages 15- 44. The number of men and women who will suffer from a heart attack per year ( 1.5 million) is the same as the number of women who are affected by domestic violence in a year. In 2003, 9,473 women and children received services in Arizona shelters, but that number represents only one- third of the people who requested shelter — almost 2 out of 3 requests were unmet as a result of a lack of shelter beds. 6 Women are not the only victims. The Arizona Department of Economic Security reports that 48% of individuals who spent time in shelter in 2003 were children. Children are also vulnerable to sexual violence— RAINN estimates that 44% of rape victims are under the age of 18, and 15% are under the age of 12. Men are also victimized by both domestic and sexual violence, although not at the same rates as women or children. Violence Against Women as a Public Health Issue _______________________ 3 Minnesota Center Against Sexual Assault 4 RAINN ( Detailed breakdown: 48% friend or acquaintance; 30% stranger; 16% intimate; 2% other relative; 4% relationship unknown 5 Ibid 6 Arizona Department of Economic Security 12 The State Plan on Domestic & Sexual Violence: According to the Blue Shield Against Violence Foundation, intimate partner violence accounts for 37% of women’s visits to the emergency room, the most expensive location in which care is provided. A National Bureau of Justice Statistics study found that 63,800 victims of rape or sexual violence were treated in US emergency departments in 1994.7 According to a 1996 study by the National Institute of Justice, the average rape costs $ 5,100, with the majority coming from medical and mental health care costs. 8 Three percent of healthcare spending and 14% of injury related spending is due to interpersonal violence. Medical costs associated with domestic violence are $ 1.8 billion! 9 While organizations such as the American Medical Association, the American Academy of Pediatrics, and the Association of Women’s Health, Obstetric and Neonatal Nurses have stated that screening for domestic violence should be a standard practice in medical settings, but screenings are still not routinely conducted. Domestic and sexual violence are public safety issues that require the attention of law enforcement, the courts, probation, and corrections systems. Violence against women necessitates the attention of specialized law enforcement investigation teams and prosecutors. According to a 2002 Governor’s Office survey of Arizona law enforcement agencies, police responded to a call involving domestic violence every 5 minutes and an arrest was made every 19 minutes. In 2003, there were 100 domestic violence- related homicides in Arizona. 10 Domestic violence is one of the most dangerous calls law enforcement officers respond to. Not only are domestic violence incidents dangerous to victims and law enforcement, but also to neighbors, bystanders, family members and other witnesses. Violence Against Women as a Public Safety Issue _______________________ 7 U. S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics 8 National Institute of Justice, “ Victim Costs and Consequences,” 1996. 9 Dr. Dean Coonrod, “ Domestic Violence as a Public Health Issue,” presented 4/ 27/ 04 10 Arizona Coalition Against Domestic Violence, www. azcadv. org A Guide for Safety & Justice in Arizona - June 2004 13 Nationally, more than 3 million and perhaps as many as 10 million children witness domestic violence each year. In Arizona in 2002, law enforcement reported responding to 14,560 scenes of domestic violence where at least one child was present. This translates into one or more children being exposed to domestic violence every 36 minutes. Violence against women has a multitude of negative consequences for children including: depression, anxiety, poor academic performance, and an increased likelihood to become abusive or be abused as an adult. Growing up in an abusive environment makes men more likely to be abusive and women more likely to become victims. 11 There also is a high rate co- occurrence of domestic violence and child abuse. Research shows that the overlap between domestic violence and child abuse is between 30 and 60%. 12 In a recent Arizona Republic article, David Berns, Director of the Arizona Department of Economic Security, expressed the clear link between domestic violence and child abuse, " As we learn the connections and become a bit more sophisticated in our approaches, we learn that we can't keep kids safe unless we keep their moms safe." Violence and Children _______________________ 11 Edleson, Jeffrey L., Ph. D.( 1999) “ Problems Associated with Children's Witnessing of Domestic Violence.” University of Minnesota, School of Social Work. http:// www. vaw. umn. edu/ documents/ vawnet/ witness/ witness. html 12 Family Violence Prevention Fund, “ The Effects of Domestic Violence on Children” www. endabuse. org " As we learn the connections and become a bit more sophisticated in our approaches, we learn that we can't keep kids safe unless we keep their moms safe." David Berns, Director Arizona Department of Economic 14 The State Plan on Domestic & Sexual Violence: Domestic violence does not stay in the home— in fact, the Department of Justice estimates that 13,000 incidents of violence take place in the workplace annually against women by their intimate partners. 13 The workplace can be dangerous for victims because their abusers know exactly where to find them during work hours. A person who is stalking, threatening, or actually committing violent acts can follow the victim to work, resulting in adverse outcomes for her and her co- workers. Those abusers who do not show up in person at the victim’s workplace may use the telephone or e- mail to harass or stalk, resulting in intimidation and further loss of productivity. 14 The Bureau of National Affairs estimates that domestic violence costs American businesses as much as $ 5 billion a year in lost productivity and increased health care costs, with an estimated 8 million days of work productivity lost annually. Arizona employers have united their efforts to combat workplace violence in the Employers Against Domestic Violence organization ( EADV). EADV reports that the majority of workplace violence incidents in Arizona are domestic violence related. It is evident that domestic and sexual violence are pervasive in our state. To begin to impact real reform, domestic and sexual violence must be understood as public health and safety issues that impact all segments of our society. Violence Against Women and the Workplace _______________________ 13 “ Violence and Theft in the Workplace,” U. S. Department of Justice, July, 1994 14 “ Costs of Intimate Partner Violence Against Women in the United States” http:// www. cdc. gov/ ncipc/ pub- res/ ipv_ cost/ index. htm A Guide for Safety & Justice in Arizona - June 2004 15 16 The State Plan on Domestic & Sexual Violence: In keeping her pledge to address domestic and sexual violence, Governor Napolitano, in 2003, appointed 57 members to the Governor's Commission to Prevent Violence Against Women. The Commission reflects the ethnic and regional diversity of Arizona and includes representation from victim services, offender treatment, law enforcement, prosecution, the courts, the business community, the medical community, the mental health community, children’s services, aging services, state agencies, advocacy groups, survivors, and populations at risk. The purpose of the Commission is threefold: 0 To unite and enhance statewide efforts to prevent and end violence against women 0 To serve as a clearinghouse for domestic and sexual violence related work in Arizona 0 To develop recommendations for appropriate policy and legislation. In developing this Plan, the Commission has provided both vision and leadership. Commission members chair and/ or participate on ad hoc subcommittees, serving as representatives of their region or areas of expertise, and provide invaluable information and perspective on critical issues affecting Arizona citizens. Chapter 2: Arizona’s Response Developing the State Plan 2.1 The Governor’s Commission to Prevent Violence Against Women A Guide for Safety & Justice in Arizona - June 2004 17 The State Plan was developed by six subcommittees: 0 Prevention/ Early Intervention 0 Victim Services/ Crisis Response 0 Criminal Justice 0 Offender Treatment and Accountability 0 Sexual Assault 0 Data Collection The subcommittees were co- chaired by Commission members and began meeting monthly in June of 2003. Over 150 stakeholders participated in these meetings, including members of the public and individuals with expertise in each subject area. Subcommittees prioritized recommendations based on three factors: 1. The likelihood of the recommendation reducing domestic and sexual violence. 2. The cost of implementing the recommendation. 3. The feasibility of accomplishing the recommendation. Recommendations that received the highest scores or were otherwise deemed critical by the subcommittees are what make up the State Plan. 2.2 Process of Developing State Plan 18 The State Plan on Domestic & Sexual Violence: Many of the recommendations developed by the subcommittees focused on the effects of domestic and sexual violence on children, with the hope that solutions focusing on children can help prevent future generations from becoming victims or perpetrators. The recommendations in the Children's Chapter complement recommendations in Governor Napolitano’s CPS Action Plan. Once the subcommittees had completed their work, an Advisory Board was c o n v e n e d t o r e v i e w t h e recommendations for consistency with the guiding principles, to edit them to ensure clarity and purpose, and to address any remaining gaps. The Advisory Board sent the Commission more than 60 recommendations, which include those in the Children’s Chapter. It is the goal of this State Plan to address each of the problems identified through policy change, legislative action, training protocol development, and a variety of other activities at the state and local level. Law enforcement, the courts, probation, corrections, the medical community, child protective services, advocates, and citizens need to come together to work on these long- term sustainable solutions. The recommendations contained within this document do not simply restate the problems of needed services and increased funding. These recommendations propose comprehensive solutions to difficult and complex issues. A coordinated community response that involves public and private partners who care about and are impacted by domestic and sexual violence is the key to reaching this vision. These recommendations propose comprehensive solutions to difficult and complex issues. A coordinated community response that involves public and private partners who care about and are impacted by domestic and sexual violence is the key to reaching this vision. A Guide for Safety & Justice in Arizona - June 2004 19 The Commission established the following guiding principles that were used to develop the State Plan based on the vision of reducing the incidence of domestic and sexual violence in Arizona. 2.3 Guiding Principles Guiding Principle 1 Increased Awareness And Understanding of The Prevalence and Incidence of Domestic and Sexual Vio-lence in Arizona. Guiding Principle 2 Increased Efforts to Prevent Domestic and Sexual Vio-lence Guiding Principle 3 Increased Collaboration and Coordination among Key Guiding Stakeholders Guiding Principle 4 Stakeholders to Respond More Effectively to Acts of Violence Against Women and their Children Guiding Principle 5 Increased Safety for Women and their Children Guiding Principle 6 Increased Accountability for Offenders 20 The State Plan on Domestic & Sexual Violence: Prevention strategies focus on protecting individuals from becoming a victim or perpetrator of abuse. They also include strategies that ensure that laws, regulations and services allow individuals to live in communities that demonstrate intolerance of abuse. Early intervention strategies focus services on individuals who have already been exposed to abuse and provide them with support, information and resources that aim to prevent the violence from continuing. Strategies include ensuring that communities provide access to services that help individuals reduce the negative consequences of experiencing the abuse and that aid them in leaving an abusive relationship or in getting the help they need to stop the abuse. The earlier that a family is screened for domestic or sexual violence, the sooner that families can receive the help they need to stop the violence. Ideal settings to screen for exposure to violence include health care providers, Child Protective Services, behavioral health providers, faith- based institutions, schools, and other systems that have regular interaction with families. At a minimum, personnel in these systems need appropriate training on how to identify domestic and sexual violence and information on where families can be referred when issues are identified. Chapter 3: Prevention/ Early Intervention Recommendations Prevention/ Early Intervention: 3.1 Encourage agencies and systems that have regular contact with families to routinely screen for exposure to domestic and sexual violence and assess for needed services. Recommendations Prevention/ Early Intervention A Guide for Safety & Justice in Arizona - June 2004 21 Anyone can become a victim or perpetrator of violence, and reaching kids in settings they normally attend is an effective way to help them to know how to stay safe and understand healthy relationships. Schools, after school programs, childcare programs and grassroots and community- based programs are ideal settings for educating children about the dynamics of healthy relationships through age- appropriate standardized violence prevention curriculum. Some examples of effective violence prevention programs are Breaking the Cycle out of Tucson, Bullying Prevention programs by the Men’s Anti- violence Network ( MAN), and the PAVE and BRAVE programs which are provided through the Maricopa County area school systems. Two out of every 3 Americans are affiliated with a religious, spiritual, or faith- based group or organization and 1 out of every 4 is an active member. Due to their large member bases, faith- based institutions are uniquely positioned to champion efforts to end violence against women and girls. Because they are considered a safe place for families to interact, faith- based institutions can also relay messages of safety and support for victims and information on offender accountability. Faith- based communities can respond by educating the congregation through sermons, participation in awareness month activities, community events, and monthly newsletters. In the last several years, the Arizona faith community has undertaken significant efforts to train clergy and lay leaders to recognize and address the signs of abuse within their congregates. It is important that these training efforts continue. Prevention/ Early Intervention: 3.2 Provide schools and youth agencies with evaluated, approved and standardized violence prevention curriculum that can be used to educate children and teens about the dynamics of domestic violence and healthy relationships. Prevention/ Early Intervention: 3.3 Encourage faith- based institutions to create awareness among their congregations on domestic and sexual violence, to provide appropriate responses and resources to individuals who disclose abuse, and get involved in community efforts that aim to prevent violence against women. 22 The State Plan on Domestic & Sexual Violence: According to the National Center on Elder Abuse, “ vulnerable adult” is defined as a person who is either being mistreated or in danger of being mistreated or neglected, and who, because of age and/ or disability, is unable to protect him/ herself. " There are nearly 17,000 nursing homes in the United States that currently care for 1.6 million residents — a figure expected to quadruple to 6.6 million residents by 2050" ( U. S. House of Representatives, Committee on Government Reform- Minority Office.) Eye witness accounts and surveys have sadly shown that nursing home abuse and neglect is a serious problem, and that there also is significant underreporting. Major underlying causes of elder mistreatment, according to findings of the National Academy of Sciences Panel to Review Risk and Prevalence of Elder Abuse and Neglect, are: stressful working conditions, staff shortages, staff burnout, and inadequate staff training. In addition to nursing homes, elder or vulnerable adults who are cared for by family members are also susceptible to abuse. In fact, 90% of reported cases of elder abuse are committed by a family member. Family members need support to deal with the stress of having an older parent or vulnerable adult living with them. They need to be able to identify the warning signs of abuse and to know where to get help for themselves and/ or the victims of abuse. Prevention/ Early Intervention: 3.4 Raise public awareness about the problem of elder and vulnerable adult abuse. " There are nearly 17,000 nursing homes in the United States that currently care for 1.6 million residents — a figure expected to quadruple to 6.6 million residents by 2050." U. S. House of Representatives, Committee on Government Reform - Minority Office. A Guide for Safety & Justice in Arizona - June 2004 23 Domestic violence is estimated to cost employers between $ 3 and $ 5 billion annually in health care costs, absenteeism, security and other related costs. Employers can be an important ally and support system for their employees and can do the following to support employees who may be experiencing domestic violence, including: adopting policies on domestic violence in the workplace; regularly providing training to human resources directors, management, and employees on issues related to domestic violence; and ensuring that resource information is available for employees. Networks such as the Employer’s Against Domestic Violence ( EADV), which was started in Maricopa County in 1999 and now has over 100 employers as members, are effective in creating public awareness, raising money for programs, and providing resources to other employers. EADV has plans to expand statewide. Media and community education campaigns have proven to be tremendously effective in addressing many types of public health and safety hazards such as drunk driving, cigarette smoking and breast cancer screening. Media and community awareness campaigns can serve a vital role by providing critical information for potential victims and abusers as well as engaging other members of the community in a show of public intolerance for domestic and sexual violence. In addition, it is important that campaigns are designed to be ongoing, culturally and linguistically relevant, and age- appropriate. In order to reach the largest possible audiences, media campaigns and community efforts should be easily reproducible in formats that are easy to display, such as posters and brochures, as well as utilizing radio and television public service announcements. Prevention/ Early Intervention: 3.5 Encourage employers to be proactive in response to domestic violence experienced by their employees and to be leaders in the community promoting violence prevention. Prevention/ Early Intervention: 3.6 Raise awareness through the media and community efforts. 24 The State Plan on Domestic & Sexual Violence: Recommendations found in this section are referred to as third tier prevention strategies, which aim to help individuals who have already suffered negative consequences from domestic and/ or sexual violence from experiencing on- going adverse effects. Strategies include allowing victims to reestablish safe, stable, healthy and self- sufficient lives for themselves and their families, and ensuring that victims have access to services and support that protect them from on- going victimization. The recommendations are broken into two categories: direct services and systems changes. Recommendations in the direct services category concern victim- focused activities. Recommendations under systems changes focus on changes in policies, protocols, and procedures that will impact victim services, but don’t impact the victim directly. Arizona currently has a tremendous network of 13 Family Advocacy Centers throughout the state. Family Advocacy Centers ( FACs) provide a unique array of services to victims in one location including: providing needed referrals and services, such as counseling or support groups; attending to medical needs or examinations; and obtaining Orders of Protection via remote access to the courts. FACs also assist in the collection of forensic evidence in the instance of a sexual assault or take pictures after a domestic violence incident. Some FACs have law enforcement on the premises, which can be helpful in filing a legal complaint against an abuser. While it is helpful for law enforcement to be on the premises, interaction with them should not be a requirement for accessing services offered by FACs. Victim Services/ Crisis Response - Direct Services: 4.1 Encourage the development of Family Advocacy Centers Statewide that will be supportive of victims of domestic and sexual violence. Recommendations Victim Services/ Crisis Response Chapter 4: Victim Services/ Crisis Response Recommendations A Guide for Safety & Justice in Arizona - June 2004 25 “ Crime Free/ Drug Free Addendums” are housing policies that allow landlords to evict a tenant( s) if police are called or a crime is committed in the residence of a multi- family housing unit. Oftentimes, landlords have used these policies as a reason for serving eviction papers on victims following a domestic violence episode. This can deter victims from reaching out for help for their abuse for fear of being evicted. The creation of more emergency shelter, as well as transitional and permanent housing units is necessary so that victims and their children remain safe and are not forced to return to their abusers due to lack of options. In Arizona today, 2 out of every 3 women and children who request shelter are turned away, and the lack of affordable housing options fails to satisfy the demand. As a consequence, many victims and their children have very few options for finding an escape from the abuse and, oftentimes become homeless. Homeless service providers also need to be prepared to respond to victims of domestic violence. Victims need access to legal representation to ensure that their rights are represented in criminal and civil matters. Adequate and affordable legal representation is especially critical at a time when abusers use power and control tactics to gain advantage over their victims, particularly in custody and divorce proceedings. However, many victims of domestic violence cannot afford legal counsel and there are currently insufficient free legal services to support the demand. Attorneys should be encouraged through the State Bar and their employers to volunteer services. Employers should also be encouraged to offer attorneys pro bono credit or other incentives to volunteer. Victim Services/ Crisis Response - Direct Services: 4.2 Crime free housing policies should hold harmless those victims of domestic violence who contact police to respond to an incident of domestic violence. Victim Services/ Crisis Response - Direct Services: 4.3 Support the development of housing options, including emergency, transitional, and permanent housing, for victims of domestic violence trying to escape abuse. Victim Services/ Crisis Response - Direct Services: 4.4 Provide access to legal representation and advocacy in both civil and criminal matters so that victims may seek justice and safety from abuse. 26 The State Plan on Domestic & Sexual Violence: Victims from specialized populations require unique services. Specialized populations include persons with severe mental illness ( SMI) and/ or drug and alcohol addictions, the elderly, multicultural, LGBT, refugees and undocumented persons from other countries, survivors of trafficking, families with teen boys, male victims, persons with developmental or physical disabilities, teens, HIV+ and children. To best serve these victims, existing service providers need to develop partnerships with organizations that have expertise in specialized populations and can provide access to resources. Greater collaboration and cross-trainings will help ensure that all facets of a victim’s profile are understood and addressed. The more a client has input into his or her own case plan, the increased likelihood for success of self- sufficiency. An empowerment- based model for case management and assessment ensures that victims receive the services they need to reach self- sufficiency in the time they are in shelter. The Need for Services Assessment instrument is one example of such a tool being used by a number of shelters statewide to assess victim’s needs at various points during their stay in shelter. This instrument also allows shelter staff to appropriately identify trends so that programs can structure their services to meet the needs of their clients. Victim Services/ Crisis Response - Direct Services: 4.5 Encourage service providers to develop partnerships with organizations that have expertise in specialized populations and can provide access to resources. Victim Services/ Crisis Response - Direct Services: 4.6 Encourage service providers to use a client- driven, empowerment case management tool, such as the Need for Services Assessment ( NFSA). A Guide for Safety & Justice in Arizona - June 2004 27 A review panel made up of domestic and sexual violence advocates, first responders, legal and law enforcement professionals, community members and survivors could review complaints from victims, address systems issues, and recommend areas of needed improvements. Ideally the panel would serve as a sounding board for people who come into contact with these groups and to make recommendations for better serving victims and systems changes. Recently, SB1237, signed by the Governor in the 2004 Legislative Session, creates a review panel and process for making complaints against custody evaluators and other psychologists who are part of cases in the domestic relations court. SACT is made up of eight state agencies that in some way or another fund domestic and sexual violence services including: the Arizona Criminal Justice Commission; Arizona Department of Housing; Arizona Supreme Court Administrative Office of the Courts; Arizona Department of Economic Security; Arizona Department of Health Services; Arizona Department of Public Safety; Governor’s Office for Children, Youth and Families ( Division for Women); and the Office of the Arizona Attorney General. The mission of SACT is “ to collaboratively assess needs, maximize state and federal resources, support intervention and prevention activities, and improve quality services for domestic violence and sexual assault victims while positively influencing family violence policies and practices.” Each year, SACT reports on their coordinated activities and sets their strategic plan for the following year. SACT should continue to coordinate its efforts and determine how to maximize their collective funding for systems change. Victim Services/ Crisis Response - System Changes: 4.8 Strengthen the coordination of activities and priorities of the state agencies with regards to domestic and sexual violence through the State Agencies Coordinating Team ( SACT). Victim Services/ Crisis Response - System Changes: 4.7 Create and implement an Ombudsman or review panel for first responders including law enforcement and the Courts. 28 The State Plan on Domestic & Sexual Violence: Victim Services/ Crisis Response - System Changes: 4.9 Determine best method of accrediting or licensing domestic violence shelters. Although most domestic violence shelters are not behavioral health treatment facilities, The Department of Health Services, Office of Behavioral Health Licensure currently regulates them. While many victims may suffer from behavioral health symptoms, their victimization is not an indication that they suffer from a mental illness. The purpose of domestic violence shelters is to provide safety for women and their children seeking refuge from abuse, and having behavioral health license domestic violence shelters implies that this is a behavioral health issue. Other appropriate forms of accrediting and licensing of domestic violence shelters need to be explored and considered. The 2000 reauthorization of the federal Violence Against Women Act ( VAWA) provides a number of protections for battered immigrant women ( BIW). Oftentimes, BIW face a myriad of obstacles such as fear of deportation, having their children taken away by their abusive partner, language barriers, and trouble accessing services they are entitled to under VAWA. Many service providers in the community, including victim advocates, faith- based groups, first responders and law enforcement, do not know of the protections afforded under the Violence Against Women Act. Therefore, more needs to be done to educate and train those who might come into contact with battered immigrant. Through a grant from the Department of Justice, the Governor’s Office has assisted in the development of regional teams to address the issue of identifying and serving battered immigrant women in the border communities. Continuing to support these teams is critical to addressing the training and resource needs of battered immigrant women in the state. Victim Services/ Crisis Response - System Changes: 4.10 Improve the delivery of services to battered immigrant women, including improving access to the provision of the Violence Against Women Act that allows battered immigrant women to self-petition for citizenship status. A Guide for Safety & Justice in Arizona - June 2004 29 Survivors of domestic violence, particularly those who are in domestic violence shelters, need access to mainstream resources that can assist them in becoming self- sufficient and safe. The Governor’s Children’s Cabinet is developing ways to streamline eligibility criteria for programs, ensuring clients’ access to all services that they are entitled to, and creating maximum utilization of programs by eligible families. Survivors of domestic violence will benefit from these efforts as well. A uniform, statewide, standardized domestic violence training curriculum for health care professionals, social workers, counselors, law enforcement, criminal justice ( including prosecution, courts, and probation), mental health professionals, substance abuse counselors, and first responders would promote greater consistency in service delivery. This would help to assist those who come into contact with victims and abusers to better respond to their needs. By working together in a multi- disciplinary approach, service delivery systems will promote more victim safety and abuser accountability. Victim Services/ Crisis Response - System Changes : 4.12 Create a uniform, statewide, standardized curriculum for cross-disciplinary training. Victim Services/ Crisis Response - System Changes: 4.11 Improve the coordination of basic needs ( aka mainstream) resources such as housing, food stamps, TANF and SSI so that they are accessible to victims/ survivors. 30 The State Plan on Domestic & Sexual Violence: Recommendations under this heading focus on the law enforcement, prosecutorial and judicial responses to domestic and sexual violence incidents. Both systems level and practical issues need to be addressed in order to ensure victim safety and abuser accountability. Issues involving service and process of Orders of Protection are also a key focus of this section. Policies and procedures should be established for law enforcement to identify children and vulnerable adults present at all domestic violence scenes, whether or not the children or vulnerable adults are victims or witnesses in any particular case. Presently, unless they are direct victims of abuse or witnesses, they are rarely offered services or documented in police incident reports. By consistently identifying these children and vulnerable adults, service needs can be determined and provided, thereby reducing the likelihood of future domestic violence. Pima County’s Breaking the Cycle program is an excellent example of how best to accomplish this goal, where law enforcement officers call Crisis Response Teams to scenes where children are present. Volunteers on the Crisis Response Teams provide age- appropriate information and resources to the families and children. In addition, the Pima County Attorney’s Victim Witness Program follows up with the families and children. Recommendations Criminal Justice Chapter 5: Criminal Justice Recommendations Criminal Justice: 5.1 Identify children and vulnerable adults present at all domestic violence scenes. A Guide for Safety & Justice in Arizona - June 2004 31 Offenders released from custody must comply with court-ordered Conditions of Release such as staying away from the victim both at home and work, surrendering firearms to law enforcement, and reappearing in court at set dates. Currently, offenders’ release conditions are not relayed to victims, nor are they readily accessible to law enforcement officers in the field in all 15 counties. Release conditions would be a more effective accountability tool if they were entered into a centralized database, similar to what occurs for Orders of Protection. This database could then be easily accessed by officers in the field, thereby increasing the likelihood of enforcement of Conditions of Release. According to the Stalking Resource Center of the National Center for Victims of Crime, 88% of female homicide victims and 68% of attempted female homicide victims were stalked by their former partners. An equally alarming number of women were stalked and killed by their current partners. Stalking is a high predictor of lethality, and advocates, law enforcement and other service providers need to have the knowledge and skills to adequately respond to victims who are being stalked by providing victims with safety planning. Criminal Justice: 5.2 Ensure abuser’s conditions of release are documented and treated in a way that ensures victim safety. Criminal Justice: 5.3 Provide information to the community, law enforcement, the courts, and advocates about the issues of stalking, laws related to stalking, and how to develop a safety plan for someone who is being stalked. 32 The State Plan on Domestic & Sexual Violence: An Order of Protection is a critical tool that victims of domestic violence have at their disposal, to help ensure their protection and safety from an abuser who may not be in police custody. Presently, there are many different policies, procedures and practices regarding how Orders of Protection are issued and served throughout the state. To increase the intended validity and credibility, an Order of Protection should be treated the same regardless of the jurisdiction in which it was issued, served or enforced. Potentially, legislation may be needed to clarify that law enforcement shall serve, or cause to be served, an Order of Protection regardless of the jurisdiction in which it was issued. Arizona state law mandates arrest of one or both parties in domestic violence situations in which there probable cause to believe there is an “ infliction of physical injury or a discharge, use or threatening exhibition of a deadly weapon or dangerous instrument”. 15 Where an officer is unable to determine specifically which participant was the predominant aggressor and which may be entitled to consideration of self- defense, a dual arrest often results. Along with training, dual arrest protocols and procedures need to be developed so they are consistent throughout the state. If protocols, procedures and training do not adequately address the issue, legislation detailing a “ predominant aggressor” definition and mandated training may be necessary. Criminal Justice: 5.4 Ensure that procedures for obtaining, documenting, serving and enforcing Orders of Protection are as similar/ consistent as possible throughout the state. Criminal Justice: 5.5 Develop protocols, procedures and training modules for law enforcement in order to minimize the occurrence of dual arrests. _______________________ 15 ARS 13- 3601, subsection B A Guide for Safety & Justice in Arizona - June 2004 33 34 The State Plan on Domestic & Sexual Violence: Holding offenders accountable for their crimes presents many challenges for the courts, probation, law enforcement and service providers. These challenges are, in part, a result of limited resources, but also due to an inability to adequately track offenders and provide appropriate treatment. The following section outlines recommendations for improving systems responses for both offender accountability and offender treatment. While Arizona has some of the most progressive domestic violence laws in the country, we currently lack an adequate criminal history database. As a result, in many cases, domestic violence defendants are often considered to be first time offenders even though they have a history of documented abuse in another jurisdiction. This impedes the ability of the police officer, prosecutor and judge to fully hold the repeat offender accountable. ( See Data Section for possible resources in developing a comprehensive criminal history database on domestic violence offenders.) Recommendations Offender Treatment and Accountability Offender Treatment and Accountability: 6.1 Increase access to information on abusers so that law enforcement, prosecutors and judges can appropriately respond to repeat incidents of domestic violence statewide. Chapter 6: Offender Treatment and Accountability Recommendations A Guide for Safety & Justice in Arizona - June 2004 35 An offender treatment network consisting of members who represent the ethnic, geographic and cultural diversity of the State of Arizona, would increase the quality and effectiveness of how offender treatment is delivered throughout the state. Ideally, the offender treatment network would develop best practice curriculum and protocols for delivering offender treatment programs. Additionally, the network would serve as a resource for technical assistance for offender treatment providers throughout the state. Warrants for non- compliance and other court imposed sanctions such as fines have been found to be an effective means of holding offenders accountable and reducing recidivism at the earliest stages of offending. Currently, the City of Phoenix, through a grant funded by the US Department of Justice, is providing supervised probation for first time offenders of domestic violence. Under this “ pilot program” the City is aiming to demonstrate that holding offenders accountable through swift and immediate action at the earliest stages will decrease case flow in the courts, leaving more resources to focus on the most serious offenders. The Office of Behavioral Health Licensure ( OBHL), through the Arizona Department of Health Services, has published rules defining the length and content of offender treatment programs that are licensed under the state. Currently, the offender treatment licensing rules define the following: first time abusers should be required to complete 26 treatment sessions over at least a 4- month period; second time abusers need a minimum of an additional 36 sessions; and third time abusers should be required to complete 52 additional sessions. Although OBHL rules are guidelines, whenever possible, courts should require that offenders receive treatment by OBHL licensed providers. Challenges may exist for rural communities that may not have a licensed provider network. OBHL should work with those communities to help develop a strong treatment network. Offender Treatment and Accountability: 6.2 Create an Offender Treatment Provider Network to increase the effectiveness of offender treatment. Offender Treatment and Accountability: 6.3 Develop sanctions, such as fees or warrants for non-compliance of court orders. Offender Treatment and Accountability: 6.4 Adopt guidelines for judges and service providers that will guide them in determining an abuser’s treatment and schedule. 36 The State Plan on Domestic & Sexual Violence: Currently, felony offenders of domestic violence are not mandated to receive treatment while in prison. Once they are released, they may be required to attend an Offender Treatment Program as part of their release conditions. Ideally, as a part of their incarceration, offender treatment would be offered while offenders are still in prison and then continued once they leave ( if not already completed). Following a dramatic increase in domestic violence fatalities among military personnel in 1999, the Defense Task Force on Domestic Violence was created by the National Defense Authorization Act in 2000. The Task Force made several recommendations regarding the handling of domestic violence cases by military installations. Military bases around the country, including those in Arizona, are working to implement these recommendations to provide support to military families involved in domestic violence and increase accountability for offenders. Communities surrounding military bases need to work collaboratively with those bases to ensure families living off base and experiencing domestic violence are also receiving similar services and treatment. Offender Treatment and Accountability: 6.5 Ensure that felony offenders of domestic violence receive offender treatment while still in prison. Offender Treatment and Accountability: 6.6 Support the implementation of the recommendations from the Department of Defense Task Force on Domestic Violence at Arizona military bases. A Guide for Safety & Justice in Arizona - June 2004 37 38 The State Plan on Domestic & Sexual Violence: Sexual Violence is a violent crime that is underreported in most communities. In fact, it is estimated that only 16% of all sexual assaults ever come to the attention of law enforcement, with only about 2% resulting in prosecution. This is mainly attributable to the lack of support systems for victims who report being “ re- victimized”. The recommendations below attempt to identify strategies that, when implemented, will significantly increase community capacity to respond to sexual violence. This, in turn, will likely lead to an increase in victims coming forward to report their abuse. The sexual violence community currently lacks a well- formed, centralized alliance representing the best interest of all sexual violence victims in the state. Ideally, stakeholders in the sexual violence community would collaborate to promote leadership on the issue, provide technical assistance to service providers, provide training throughout the state, and advocate for victims at the Arizona State Legislature on the need for better defined and enforced sexual violence laws. A well- formed alliance of sexual violence stakeholders would geographically, culturally and ethnically represent the State of Arizona. Sexual Violence: 7.1 Increase the capacity of the sexual violence community to provide comprehensive sexual violence services and promote prevention, training, and public awareness activities statewide. Recommendations Sexual Violence Chapter 7: Sexual Violence Recommendations A Guide for Safety & Justice in Arizona - June 2004 39 Sexual assault victims should have access to comprehensive crisis services, including rapid, appropriate responses and interventions that can minimize the detrimental and long-term effects of the violence. Comprehensive services should include, at a minimum, development of multidisciplinary Family Advocacy Centers or sexual assault service provider centers statewide and regular and on- going communication among multi- disciplinary team ( MDT) partners. Each MDT should include a trained forensic examiner, a law enforcement officer, an advocate, and a prosecutor. Trained professionals that respond to incidents of sexual violence are essential for successful prosecution, offender accountability and victim healing. Currently, sexual assault training is sporadic and lacks uniformity across the state. Professional training is needed in the areas of sexual violence prevention/ education, sexual violence issues and advances in practices, and sexual violence investigations. Professionals who need training include crisis advocates, members of the Sexual Assault Response Teams ( SARTs), and partners in the multidisciplinary team ( MDT). Arizona is one of only 7 states that separately define spousal sexual assault in statute and the only state to maintain a lesser criminal penalty. Further, only 10 states require specific elements for prosecution not prescribed for non-spousal victims, including Arizona. Rape can and does occur in the context of marriage, and, according to a report in the November/ December 2003 issue of Sexual Assault Report, is the most common form of sexual assault, occurring at least twice as often as stranger rape. Further, rape by a spouse is more likely to reoccur rather than be a one- time event. The Arizona legislature must address the differences in law so that marital rape is not treated as a lesser crime than stranger or acquaintance rape. Sexual Violence: 7.2 Increase victims’ access to comprehensive sexual violence crisis services. Sexual Violence: 7.3 Develop a formal training network on issues of sexual violence, from prevention to crisis intervention to the criminal justice response. Sexual Violence: 7.4 Repeal the Spousal Sexual Assault statute from the Arizona Revised Statutes ( ARS). 40 The State Plan on Domestic & Sexual Violence: Currently, forensic evidence must be collected within the first 120 hours after a sexual assault. If a victim of sexual assault does not immediately wish to file a police report, he/ she is not given the opportunity to receive a forensic exam within the first 120 hours. Oftentimes, victims of sexual assault may be too traumatized to immediately press charges. Victims should be allowed to have forensic evidence collected within the first 120 hours so that evidence is preserved if they want to press charges at a later date. Currently only 2% of sexual assault cases ever result in conviction in Arizona. Many prosecutors attribute this to the fact that there is only one classification of sexual assault, a class 2 felony. Many states have up to 10 varying classifications for sexual assault thereby increasing the likelihood of conviction. Increasing the levels of sexual assault in the Arizona Revised Statutes would likely increase the conviction rate of sexual assaults leading to increased accountability for sexual offenders in Arizona. The Arizona and Mexico border has been identified as a main entry point for sex traffickers and their victims. Sex trafficking is a form of modern- day slavery and occurs when a commercial sex act is induced by force, fraud, or coercion, or when the person forced to perform such an act is under the age of 18. Passage of the Trafficking Victims Protection Act of 2000 made sex trafficking a serious violation of Federal law. A task force made up of key stakeholders to collaborate on issues related to sex trafficking is essential to help prevent sex traffickers from continuing to use the border as an entry point to transport victims throughout the country. Sexual Violence: 7.5 Allow all victims of sexual assault the ability to obtain a forensic exam in the first 120 hours following the incident regardless of whether they immediately report to law enforcement. Sexual Violence: 7.6 Amend the Sexual Assault Statutes in Arizona state law to add varying levels of sexual violence crimes. Sexual Violence: 7.7 Create a task force to study the severity of sex trafficking in Arizona and to develop strategies for working with victims in Arizona. A Guide for Safety & Justice in Arizona - June 2004 41 Recently, escalating reports of sexual assault in all branches of the military have brought to light serious system flaws in reporting of sexual assault claims and assistance provided to victims. The U. S. Department of Defense and Congress are responding to this escalating trend by identifying steps that need to be taken to better assist victims and hold perpetrators accountable. Service providers in the state need to be supportive of Arizona’s military bases’ implementation of any changes that are ordered. Women ages 16- 24 are four times more likely to be sexually assaulted than women in any other age group, making the college years especially vulnerable for young women. Further, women in this age group who are in college are more likely to be victims than women of the same age not in college. Sexual assault on college campuses is much more likely to be perpetrated by someone the victim knows. Campus based resource centers should make available both rape prevention and education programs as well as intervention services for victims of sexual abuse. Prevention programs need to target college women and be delivered by both professionals and peers on campus. Also, campus law enforcement agencies need to be prepared to immediately respond to incidents of sexual violence to reduce trauma for victims and enforce accountability for offenders. Sexual Violence: 7.8 Support the military’s efforts to identify the problem of sexual abuse by military personnel against military personnel and to develop solutions for how to respond to victims and perpetrators. Sexual Violence: 7.9 Engage Arizona's public and private colleges and universities in raising awareness about the incidence of sexual violence on campus and in promoting appropriate responses, both towards the victim and the perpetrator. 42 The State Plan on Domestic & Sexual Violence: Reliable data is key to creating systems level changes. In the domestic and sexual violence fields, data is currently not collected systematically. There is a lot of anecdotal evidence, but hard numbers are also needed in order to make the case for the critical systems changes proposed in this State Plan. Recommendations in this section pertain to the collection of data from medical settings, the criminal justice system and victim services. The Uniform Law Enforcement Domestic Violence Statistical Report developed by the Governor’s Office is designed to collect data on law enforcement’s response to domestic violence. This report represents some of the only comprehensive domestic violence law enforcement data available in the State and is primarily used for educating the public and applying for funding. The form was recently streamlined with questions to elicit more simplistic data in an attempt to increase response rate and data accuracy. Data Collection: 8.1 Continue to streamline the Uniform Law Enforcement Domestic Violence Statistical Report used by the Governor’s Office for collecting law enforcement data. Recommendations Data Collection Chapter 8: Data Collection Recommendations A Guide for Safety & Justice in Arizona - June 2004 43 In 1999, the Administrative Office of the Courts ( AOC) developed a database, the Court Protective Order Repository ( CPOR), to allow court staff to input Orders of Protection and Injunctions Against Harassment into a system that can be accessed by law enforcement in the field and modified by judges in courts across the state. CPOR is a data collection tool, data repository, and data exchange mechanism for law enforcement agencies and the courts. Not only does CPOR increase the state’s ability to collect domestic violence data, it also enables law enforcement to enforce violations of Orders of Protection with an electronic record in the field, greatly assisting to increase victim safety and abuser accountability. NIBRS is part of a national effort to increase the amount of data that is collected on all crimes, including domestic and sexual violence. The benefits of using this type of system are that it will provide an ability to do greater crime analysis and give more detailed, accurate data. When completed, NIBRS will furnish information on nearly every major criminal justice issue facing law enforcement today. And once fully implemented in Arizona, the prevalence of domestic and sexual violence will be easier to determine in Arizona. ShelterBase is a database system for domestic violence shelters and is intended to create greater efficiency by allowing shelters to enter all information about a client into one database. The database provides specific reports for each funding agency. This method of streamlined reporting is a tool for providers to create aggregate data on the clients they serve, thereby creating more effective program delivery. Providers need training and on- going technical assistance in order to have the database work as an effective and valid tool. Data Collection: 8.2 Support the continued development of the Court Protective Order Repository ( CPOR) by the Administrative Office of the Courts ( AOC). Data Collection: 8.3 Support the continued development of the National Incident Based Reporting System ( NIBRS) by the Arizona Department of Public Safety ( DPS). Data Collection: 8.4 Support the use of an automated, consistent case management tool by domestic violence shelters. 44 The State Plan on Domestic & Sexual Violence: The Department of Public Safety ( DPS) developed the Sex Crimes Analysis Network ( SCAN) in 2001. SCAN allows law enforcement to compare profiles of sex offenders and child abductors on a statewide basis. When fully implemented, SCAN will help law enforcement to capture more sexually violent criminals in Arizona. The FBI created VICAP in the mid- 1980s to facilitate communication, cooperation, and coordination between the nation’s law enforcement agencies, and to support their efforts to investigate, identify, track, apprehend, and prosecute violent serial and repeat offenders. Supporting Arizona law enforcement’s participation on both of these databases is an important component of public safety. Medical settings not only serve as excellent points of prevention and early intervention for domestic and sexual violence, but also provide opportunities to collect data on victims/ survivors and abusers. The Center for Disease Control ( CDC) has created ideal data elements for collection in medical settings. An analysis needs to be conducted in Arizona to ascertain what is currently being collected by medical professionals and what data still needs to be incorporated into the medical field’s data collection efforts. A training curriculum should also be developed on how to collect data on domestic and sexual violence from patients in a manner that is safe for victims. The mission of the National Domestic Violence Fatality Review Initiative is to provide technical assistance to support review of domestic violence related deaths with the underlying objectives to prevent them in the future, preserve safety of battered women, and hold accountable both the perpetrators of domestic violence and the multiple agencies and organizations that come into contact with the parties. Fatality reviews provide valuable information regarding the circumstances that lead to domestic violence related homicides, which can help shape and inform policy decisions for reform. Data Collection: 8.5 Increase the prosecution of sex crimes through the widespread use of the Sex Crimes Analysis Network ( SCAN) and the Violent Criminal Apprehension Program ( VICAP). Data Collection: 8.6 Encourage the medical community to create and implement a comprehensive, statewide data collection initiative on the incidence of domestic and sexual violence. Data Collection: 8.7 Encourage local communities to develop Domestic Violence Fatality Review Teams. A Guide for Safety & Justice in Arizona - June 2004 45 The US Department of Housing and Urban Development ( HUD) has commissioned all communities receiving funding from them to implement HMIS in order to better coordinate the delivery of services for people experiencing homelessness. HMIS is a web- based system that allows service providers to share information about clients and services offered to these clients. In order for domestic violence providers to effectively participate, more needs to be done to ensure the safe, secure and confidential exchange of information to protect victims. Otherwise, a process will need to be created whereby only aggregate data would be input into HMIS. Currently, shelter programs that participate on multiple databases must input data multiple times, creating the need for increased staffing. The capability to link databases together needs to be explored and developed so that data only needs to be entered once. Ideally, domestic violence programs would be able to use the empowerment case management tool such as the Need for Services Assessment ( NFSA, discussed in the Victim Services/ Crisis Response section), have all the information uploaded into ShelterBase for reporting requirements, and then uploaded into HMIS to create the aggregate data needed for HUD. Data Collection: 8.8 Build capacity of domestic violence shelters to participate on the Homeless Management Information System ( HMIS). Data Collection: 8.9 Develop and support technology that will allow single data entry for multiple databases ( such as ShelterBase, NFSA, and HMIS) for domestic violence programs. 46 The State Plan on Domestic & Sexual Violence: The impact of domestic and sexual violence on children is a common theme that has emerged throughout all sections of the recommendations. Children who live in a home where domestic violence is occurring are 50% more likely to be abused themselves. Equally detrimental are the life long developmental consequences that children suffer who live in a home with domestic violence. In 1999, the National Council of Juvenile and Family Court Judges published the resource guide Effective Interventions in Domestic Violence and Child Maltreatment Cases: Guidelines for Policy and Practice, better known as “ The Green Book”. The Green Book is a framework for communities to utilize in developing solutions to the complex issues surrounding domestic violence and child maltreatment. The recommendations in this section fall into three distinct categories of child protective services ( CPS), domestic relations, and victim services. The primary goal for most child welfare agencies first and foremost is to ensure child safety. However, research has revealed that domestic violence is also present in a majority of child maltreatment cases. CPS is uniquely positioned to intervene when these two issues overlap with the intent that keeping victims of domestic violence safe from abuse is also a key indicator in the ability to keep kids safe from abuse and neglect. Recommendations Children Who Witness Domestic Violence Child Protective Services ( CPS) Chapter 9: Children Who Witness Domestic Violence Recommendations A Guide for Safety & Justice in Arizona - June 2004 47 Currently, there is no standard form to assess for domestic violence in CPS cases. Given that the co- occurrence of these two issues is high, it is critical to get the entire family assistance and resources to effectively address the domestic violence issues. Therefore, procedures and training must be developed to screen for domestic violence in order to ensure appropriate case plans are developed and referrals are made. Service providers need to better coordinate to address the needs of families experiencing domestic violence and child maltreatment. Some options to achieve better coordination include: ( 1) joint case consultations, and ( 2) co- location of services. One current program operating in the juvenile courts provides mothers access to domestic violence advocates and is the first program in Arizona to proactively screen and make services available to mothers with CPS cases. Children Who Witness Domestic Violence - CPS: 9.2 Encourage collaborations between domestic violence programs, child protective services, child welfare agencies, health care agencies and juvenile courts to develop new joint service models for families experiencing domestic violence and child maltreatment. Children Who Witness Domestic Violence - CPS: 9.1 Develop screening and assessment procedures and train staff to identify and respond to domestic violence in order to promote family safety and abuser accountability. 48 The State Plan on Domestic & Sexual Violence: Children Who Witness Domestic Violence - CPS: 9.3 Encourage service providers, child welfare agencies, CPS, and dependency courts to minimize the use of potentially dangerous or inappropriate interventions in cases of domestic violence that place victims face- to- face with their abusers, such as couples counseling, mediation, or family group conferencing. Victims may be fearful about disclosing domestic violence or sexual abuse in the presence of the abuser. Also, an abuser can continue to exert his power and control tactics over the victim in these settings, making any attempt at intervention ineffective. Therefore, policies and protocols need to be developed to minimize situations where victims are required to be face- to- face with their abuser. One avenue to promote the safety and well being of children is to strengthen the self- sufficiency of the non-abusive adult victims. By providing non- abusive parents with resources and support such as TANF, food stamps and affordable housing, service providers increase the likelihood that a child will remain safe and that the victim can permanently leave the abusive situation. Children Who Witness Domestic Violence - CPS: 9.4 Provide resources for non-abusive parents and support increasing their ability to provide a safe home. A Guide for Safety & Justice in Arizona - June 2004 49 Domestic violence shelters also serve some women who abuse their children. Shelters need to develop the capacity to work collaboratively with CPS, and simultaneously create responses and make referrals to help abusive and neglectful mothers change their behaviors. These women should not be turned away from services, but instead need to be offered interventions and support. In addition, domestic violence shelters need to ensure safety and protection for maltreated children. Divorce and child custody cases are an opportune time for a batterer to continue to exert power and control tactics over the victim. Judges, court personnel, mediators, psychologists, and domestic relations attorneys frequently come into contact with victims and perpetrators of domestic violence and child abuse. Below are best practices, protocols and procedures for dealing with these cases to ensure both safety for the victim and that the best interests of the children are represented. Bench books have been developed for civil and criminal courts in Arizona by the Committee on the Impact of Domestic Violence and the Courts ( CIDVC). These bench books are regularly used by judges to reference laws, protocols and standards for responding to domestic violence cases in their courtrooms. However, neither of these books includes information pertaining to domestic relations issues. Both the civil and criminal bench books should be expanded with new chapters on domestic relations laws, protocols, and best practice standards for these cases. Children Who Witness Domestic Violence - Domestic Relations: 9.6 Develop a Bench Book for court personnel pertaining to Arizona’s child custody laws and relevant research on domestic relations and child custody. Domestic Relations Children Who Witness Domestic Violence - CPS: 9.5 Create protocols and interventions for domestic violence programs to work with the child welfare system to support battered women who maltreat their children. 50 The State Plan on Domestic & Sexual Violence: Children Who Witness Domestic Violence - Domestic Relations: 9.7 Develop the capacity for safe visitation and exchange locations. Safe visitation and exchange locations are critical in domestic relations cases that involve domestic violence. These locations can help to minimize potential conflict and help ensure that visitation and custody orders are abided by. In domestic relations cases, custody evaluators make recommendations to judges. Although these recommendations do not bind the court, judges give them substantial weight. Training and protocol standards for evaluations need to be established to ensure that child custody evaluators are prepared to appropriately assess for domestic violence, child abuse or sexual abuse. While there are a number of services available to abuse victims, many times these services fail to respond to the needs of children who are exposed to violence. Children interact with a variety of systems throughout the course of their day – i. e. schools, day care, and youth agencies, all of which can help identify children living with domestic violence. Recommendations in this section are focused on how service providers and systems with which children regularly come into contact respond to the traumatic effects of witnessing and/ or experiencing abuse. Children Who Witness Domestic Violence - Domestic Relations : 9.8 Create training and protocol standards for custody evaluations in order to increase the likelihood that custody decisions are made based on qualified or accurate evaluations. Victim Services A Guide for Safety & Justice in Arizona - June 2004 51 All agencies that work with abused children and their families need regular cross- training about the dynamics and impact of domestic violence and child maltreatment, the risks to adult and child victims, the resources available to families, the laws that provide protection, and safety planning information. Children who have witnessed domestic violence are at greater risk for emotional and behavioral problems than other children. Currently, neither the child welfare nor behavioral health systems have given this issue priority in the delivery of services to children. A focused coordinated plan as well as policies and procedures need to be developed to get services to these children. As part of this plan, systems need to be developed to provide children in shelter access to health care services. Schools, day care or youth agencies may be the only place where children can be assessed for exposure to domestic violence. Training is needed for school and other agency personnel to know how to appropriately respond to children who have been exposed to violence in the home. There needs to be a system in which law enforcement automatically notifies schools/ day care/ youth agencies to inform them of an incident of domestic violence so that teachers and other personnel can appropriately respond to the needs of the child. Confidentiality and safety issues would need to be considered in the development of such a system. Children Who Witness Domestic Violence - Victim Services: 9.9 Create and implement training for judges ( including juvenile court), prosecutors, law enforcement officers, and first responders on laws and trauma- related issues surrounding children who witness domestic violence. Children Who Witness Domestic Violence - Victim Services: 9.11 Establish a notification system between law enforcement and schools/ day care/ youth agencies so that they can respond appropriately when a child has been exposed to domestic or sexual violence in the home. Children Who Witness Domestic Violence - Victim Services: 9.10 Develop a continuum of services for children who exhibit behaviors consistent with exposure to or victimization by domestic or sexual violence. 52 The State Plan on Domestic & Sexual Violence: Chapter 10: Implementation Process Implementation Process With the completion of the State Plan, work must now begin to ensure that the recommendations become reality. Criteria such as the Governor's priorities, community impact, and feasibility will be used to determine which recommendations the Commission will address first. Just as the creation of these recommendations took participation from individuals from across the state, implementation will require the effort and buy- in from all the stakeholders, especially those entities who will be most affected by the changes. Implementation Design Teams ( IDTs) will be formed in Summer 2004. In addition to Commissioners, community experts and key stakeholders, the IDTs will also include individuals from state and local levels who possess the ability to effect systems changes. In order to inform the public of the strategies and actions being identified and on the progress being made on the recommendations by the IDTs, public forums will be held around the state. The IDTs will develop strategies and action plans around the selected recommendations. Potential strategies and action might involve amending statutes or rules, and improving training, education and outreach. Other strategies might involve cultivating new funding or looking for opportunities to leverage already existing funding. Moreover, the IDTs will identify barriers and ways to overcome implementation. The IDTs will also identify the collaborating entities and those parties who will be taking primary responsibility for ongoing development of the implementation designs. Implementation Design Teams will develop strategies and action plans based on priorities, community impact and feasibility assessments. A Guide for Safety & Justice in Arizona - June 2004 53 Some communities may wish to work on recommendations that are beyond those included in the Commission's first implementation phase and they are encouraged to do so through their own regional coordinated response teams. It is the desire of the Commission to support and link with all efforts that will lead to ending domestic and sexual violence in Arizona. To keep the State informed on the progress toward implementing the recommendations, updates will be given at least annually at a regular meeting of the Commission. These updates will also be included in the Commission's Annual Report that will be posted on the Governor's web page. 54 The State Plan on Domestic & Sexual Violence: Appendices Appendices Appendices 55 A Contributors to The State Plan on 57 Domestic and Sexual Violence: A Guide for Safety and Justice in Arizona 0 Governor’s Commission To Prevent 57 Violence Against Women 0 Advisory Board 59 0 Committee Members 59 0 Governor’s Office for Children, 65 Youth and Families, Division for Women Staff B A Timeline of Key Events in the History of 67 Domestic and Sexual Violence ( 1970s – 2000s) C Myths and Facts about Domestic Violence 71 D Glossary of Terms and Acronyms 73 E Arizona Revised Statues for 77 Domestic Violence and Sexual Assault F References 91 A Guide for Safety & Justice in Arizona - June 2004 55 56 The State Plan on Domestic & Sexual Violence: Appendix A: Contributors to The State Plan on Domestic and Sexual Violence: A Guide for Safety and Justice in Arizona Governor's Commission To Prevent Violence Against Women Tracy Bame, Phelps Dodge Corp Ginger Bealer, Phoenix Family Advocacy Center Margie Bentzen, Flagstaff Police Department, Family Crimes Unit Socorro Bernasconi, Centro de Amistad Peggy Bilsten, Chair, City of Phoenix Bernadine Boyd, Fort McDowell Yavapai Nation Anna Chavez, Department of Economic Security Stasy Click, ASU Victims Legal Assistance Project Dean Coonrod, MIHS/ MedPro Rod Covey, Department of Public Safety Patricia Creason, Lake Havasu Social Service Interagency Council Jean Crinan, Mt. Graham Safe House Gene D'Adamo, The Arizona Republic Sandra Duke Lowe, Fresh Start Foundation William Ekstrom, Mohave County Attorney Janet Elsea, Communications Skills Andy Federhar, Fennemore Craig Kathleen Ferraro, ASU/ AzCADV Martha Fraser Harmon, M. A. N. Dorothy Fulton, Navajo Department of Criminal Investigations Sue Glawe, Blue Cross Blue Shield of Arizona Kim Halbig- Sparks, Attorney General's Office Jane Hausner, Verde Valley Sanctuary Harold Hurtt, Phoenix Police Emily Jenkins, Tucson Medical Center Mary Lynn Kasunic, Area Agency on Aging Sarah Kennedy, Arizona Sexual Assault Network Michelle Kim, Korean Cultural Center A Guide for Safety & Justice in Arizona - June 2004 57 Loren Kirkeide, SRP Kathy Kitcheyan, San Carlos Apache Tribe Mary Koss, University of Arizona College of Public Health Robert Lehner, Vice Chair, City of Tucson Karen Leong, ASU Women's Studies Department Barbara Lewkowitz, YWCA Arnold Lockett, Jr., NAACP Kathy McLaughlin, Yavapai Family Advocacy Center Preston McMurry, McMurry Publishing Beth McRae, The McRae Agency; WISH Leah Meyers, AzCADV Jerald Monahan, Pinal County Sheriff's Office Glenn Nichols, City of Benson Paul O'Connell, Superior Court Administration/ Arizona Superior Court in Pinal County Anu Partap, Arizona Center for Community Pediatrics Connie Phillips, Sojourner Center John Pombier, Mesa City Prosecutor's Office Bridget Riceci, Southern Arizona Center Against Sexual Assault Elaine Richardson, Department of Real Estate Michele Schubert, The Brewster Center for Domestic Violence Services Vikki Shirley, Navajo Nation Fran Smith, Southwest Gas Lorel Stevens, Accounting and Finance Personnel Rebecca Tsosie, ASU Law School; Pasqua Yaqui Community Blanca Varela, Community Activist Phill Westbrooks, City of Chandler Thelda Williams, Maricopa County Sheriff's Office Kim Williams- Barnes, Community Activist 58 The State Plan on Domestic & Sexual Violence: Tracy Bame, Phelps Dodge Peggy Bilsten, City of Phoenix, Chair Gene D'Adamo, Arizona Republic Sue Glawe, Blue Cross/ Blue Shield of Arizona Lisa Glow, Director, Governor’s Office for Children, Youth and Families Martha Harmon, Men's Anti- violence Network Emily Jenkins, Tucson Medical Center Leah Meyers, Arizona Coalition Against Domestic Violence Mary Thomson, Director, Governor’s Division for Women Connie Phillips, Sojourner Center Matt Ade, MCAPD Jean Ajamie, ADE Comprehensive Health Programs Ian Alexander, Pima Co. Adult Probation - DV Unit Lynn Allman, Arizona Department of Public Safety Maxine Anderson, City of Phoenix Human Services Division Jackie Anderson, Chrysalis Miriam Arene, Southwest Human Development-- Healthy Families Elise Argall, City of Phoenix Mary Arredondo, Community Member Deborah Arteaga, Arizona Women's Education Employment Jackie Austin, Arizona Women's Education Employment Karen Bachar, UA, MEZA College of Public Health Ann Bagnall, Pinal County Attorney's Office Jennifer Bagshaw, ASU Student Panthea Baker, Pinal County Attorney's Office Tracy Bame, Co- Chair, Phelps Dodge Corporation Rene Bartos, DHS, Office of Women and Children's Health Heather Baxter, Jewish Family and Children's Services Bonny Beach, American Indian Prevention Coalition, Inc. Ginger Bealer, Phoenix Family Advocacy Center Michelle Begay, Tohono O'odham Police Department Margie Bentzen, Flagstaff PD, Family Crimes Unit Socorro Bernasconi, Centro de Amistad Martin Brook, ASU Student Brandi Brown, Arizona Center Against Domestic Violence Diane Brown, Arizona Protective Parents Network Tracy Bucher, Women Living Free Wanda Bundy, Americans For Decency Advisory Board Committee Members 60 The State Plan on Domestic & Sexual Violence: Fran Burns, Phoenix Police Department Josue Bustos, Community Member Lucille Butler, Department of Economic Security - Community Services Administration Kelly Campbell, ASU/ Arizona Center Against Domestic Violence Tricia Cano, Faith House Domestic Violence Shelter Carolyn Carlson, Community Member Julie Castro, PHASE Lourdes Charles, Glendale Police Department Anna Chavez, Department of Economic Security Ruth Cherrick, Southern Arizona Center Against Sexual Assault Arthea China, Community Activist Theresa Clark, Phoenix Police Stasy Click, ASU Victims Legal Assistance Project Caron Close, City of Scottsdale City Prosecutor Margie Coggins, Volunteer Center of Maricopa County Dean Coonrod, Maricopa Integrated Health Services/ MedPro Kisa Corcoran, Gila River Indian Community Jeannette Costa, Chrysalis Rod Covey, Co- chair, Department of Public Safety Tim Cox, City of Tempe - Social Services Crisis Response Patricia Creason, Lake Havasu Social Service Interagency Council Jean Crinan, Mt. Graham Safe House Gene D'Adamo, The Arizona Republic Manny Davila, Phoenix Police Department Joyce Dehnert, Arizona Department of Public Safety Debbra Determan, Maricopa Association of Governments Corliss Ditton, Community Member Rosie Dominguez, Child Crisis Center Deana Dominguez, Mt. Graham Safe House Sabrina Douglas, Arizona Coalition Against Domestic Violence Sandra Duke Lowe, Fresh Start Foundation Theresa Duran, Pinal Hispanic Council Betty Eagan, ASU Student Lynn Edington, Successful Comebacks, Inc. William Ekstrom, Mohave County Attorney Janet Elsea, Communications Skills Andy Federhar, Fennemore Craig Kathleen Ferraro, ASU/ Arizona Center Against Domestic Violence Kevin Fincel, City of Phoenix At Risk Youth Division; Project BRAVE Elizabeth Finn, Glendale City Court ( Presiding Judge) Joan Fox, Community Member A Guide for Safety & Justice in Arizona - June 2004 61 Francesca Fragomen, PREHAB Martha Fraser Harmon, Co- chair, Men's Anti- violence Network ( M. A. N) Dorothy Fulton, Navajo Department of Law Enforcement Gina Gavaris, Unified Solutions Consulting Group Sarah Ghazi, ADE Comprehensive Health Programs Kathleen Gillis, Imaging Assets Sue Glawe, Blue Cross Blue Shield of Arizona Cory Gonzales, Center for Urban Inquiry Carma Good, ASU Student Patricia Goubeaux, New Directions Institute for Infant Brain Development Steve Grams, SAGE Counseling Laura Guild, Arizona Department of Economic Security Kim Halbig- Sparks, Attorney General's Office James Hardina, ASU Police Department Richard Harper, West Valley Court Diversions Services, Inc. Debbie Harsh, The Brewster Center, ASU School of Social Work Bill Hart, Arizona Center Against Domestic Violence Dorothy Hastings, Arizona Department of Health Services- Office of Women and Children's Health Kato Haws, ASU Student Kate Henderson, Department of Public Safety Carol Hensell, Rape Prevention and Education Tesha Hensley, Community Alliance Against Family Abuse Randi Herman, Chrysalis Jacqueline Hernandez, Southern Arizona Center Against Sexual Assault Chris Herzog, Catholic Social Services- Diversion Program Susan Hickcox, Voice for Victims Elizabeth Holman, Arizona State University Laura Horsley, House of Hope Jill Hudson, Current Law School Professor Harold Hurtt, Phoenix Police Roger Illingworth, Department of Public Safety Wendy Irish, Pima Co. Adult Probation- DV Unit Donna Irwin, Community Member Emily Jenkins, Tucson Medical Center Kay Jerin, Capitol Weed and Seed Coalition Christy Johnson, Community Alliance Against Family Abuse Julie Johnston, The Brewster Center David Jurado, Pima County Adult Probation - DV Unit Mary Lynn Kasunic, Area Agency on Aging Janet Kellehan, Phoenix Police Edie Kempf, Community Member Katherine Kennedy, Peer Solutions Sarah Kennedy, Arizona Sexual Assault Network Sharon Ketchum, Arizona Prevention Resource Center Michelle Kim, Korean Cultural Center Carmen King, Autumn House Maggie King, Volunteer Center of Maricopa County Liz Kinsworthy, Domestic Violence Educator Loren Kirkeide, SRP Melissa Knight, Pinal County Superior Court Julianna Koob, Arizona Coalition Against Domestic Violence Mary Koss, University of Arizona College of Public Health Sheri Lauritano, City of Phoenix, Prosecutor's Office Anna Maria Leff, DES - Division For Children, Youth and Families Robert Lehner, Co- chair, City of Tucson Karen Leong, ASU Women's Studies Department Kristie Leshinskie, Maricopa Association of Governments Cheri Levenson, Community Member Terri Leveton, Halo of Hope Barbara Lewkowitz, YWCA Yvonne Luna, ACADV Board Member Sara Lunde, Arizona Center Against Domestic Violence Chris Lyons, Community Health Services-- ASU School of Nursing Michael Mandel, Southern Arizona Center Against Sexual Assault Michelle Marker, PREHAB of Arizona James Markey, Phoenix Police Department Ron Martin, Apache Junction Police Department Dana Martinez, PREHAB of Arizona Dianna May, Community Member Carolyn McBurney, Envision Project Management Scott McGuire, Community Member Michelle McKinley- Tarango, Eloy Police Department Kathy McLaughlin, Co- chair, Yavapai Family Advocacy Center Preston McMurry, McMurry Publishing, Inc. Beth McRae, The McRae Agency; WISH Rosie Mendoza, Phoenix Police Department Anna Mendoza, Community Member Leah Meyers, Arizona Coalition Against Domestic Violence 62 The State Plan on Domestic & Sexual Violence: Craig Mills, Employers Against Domestic Violence Jerald Monahan, Pinal County Sheriff's Offices Lisa Moore, Community Legal Service, East Valley Office Yolanda Morales, Americorps Program Director Shana Morales, Southern Arizona Center Against Sexual Assault Sina Mowzoon, Community Member Tyne Naven, Arizona Coalition Against Domestic Violence Don Newcomer, Phoenix Police Department Glenn Nichols, City of Benson Amanda Nosbisch, Peer Solutions Val Oatis, ASU Student Paul O'Connell, Pinal County Superior Court, Superior Court Administration Ken Oglivie, Alice's Place; Winslow Memorial Hospital Sue Osburn, Counseling Consulting Tracy Pagano, City of Phoenix Prosecutor's Office Mike Parascandola, City of Goodyear Barbara Parascandola, City of Phoenix Prosecutor's Office Anu Partap, Co- chair, Arizona Center for Community Pediatrics Roberta Perpich, Justice Services, Inc. Virginia Person, Life Skills Counseling, Inc. Holly Petersen, Child Protective Services Robin Pfohl, Horizon Human Services Connie Phillips, Co- chair, Sojourner Center Doug Pilcher, City of Phoenix, Municipal Courts Joel Pinkett, Sojourner Center John Pombier, Co- chair, Mesa City Prosecutor's Office Jill Porcelli, Prehab's Faith House Dianne Post, Arizona Coalition Against Domestic Violence Lynn Potts, The Mesa City Prosecutor's Office M. J. Raciti, Tucson City Prosecutor's Office Sandra Ram, City of Phoenix Women's Commission Jennifer Rauhouse, Peer Solutions Tom Reardon, CASA Lillie Reed, ASU Student Roni Reid, Chrysalis/ PEACE Shelley Reimann, City Auditor Department Bridget Riceci, Co- chair, Southern Arizona Center Against Sexual Assault Cindy Richmond, Area Agency on Aging Bonnie Rock, ACADV Board Member Stacey Rowlan, Community Activist A Guide for Safety & Justice in Arizona - June 2004 63 Terri Roza, Project Free Dawn Russo, West Valley Court Diversions Services, Inc. Dave Sampson, Phoenix Police Department Matt Sanders, Counseling Consulting Nicky Santos, Mesa Police Department Michele Schubert, The Brewster Center for Domestic Violence Services Edna Scott, Community Member Karen Shaver, Chrysalis Ramona Shingler, Estrella Mountain Community College Andrea Sierra, Prehab Doris Sisk, University Physicians, Inc. Sheila Sjolander, Arizona Department of Health Services Wally Sjolander, Area Agency on Aging Elise Souter, Tucson Police Department Lorel Stevens, Accounting and Finance Personnel Susan Stevens- Clarke, City of Chandler Marguerite Stoddard, Tohono O'odham Police Department Tracy Stombres, Community Member Barbara Strachan, Catholic Social Services- Diversion Program Eleanor Strang, Arizona Department of Health Services- Bureau of Emergency Services Holly Sullivan, Ariozna Sexual Assault Network Mary Jo Swartz, DES - Community Services Administration Ruth Tan Lim, Dobson Pediatrics/ Children's Benefit Foundation Valerie Tapia, Verde Valley Sanctuary Sara Thome, Northern Arizona Center Against Sexual Assault Johnna Thompson, Pinal County Attorney's Office Jacque Tobias, City of Phoenix Prosecutor's Office Virginia Vappereau, Community Activist Blanca Varela, Co- chair, Community Activist Ralph Varela, Pinal Hispanic Council Veronica Vensor, ADHS, Public Health Prevention Maxine Wadsworth, Hopi Tribe Domestic Violence Program Kori Warren, Arizona CASA Sam Wercinski, Custom Realty JoAnne Wermes, Department of Public Safety Phill Westbrooks, City of Chandler Tracey Wilkinson, Scottsdale Police, Crisis Intervention Service Thelda Williams, Maricopa County Sheriff's Office Diane Wilson, PHASE 64 The State Plan on Domestic & Sexual Violence: Diane Wilson, PHASE Terri Woodmansee, Goodyear Police Department Angela Yancik, Southern Arizona Center Against Sexual Assault Jessica Ybarra, Southern Arizona Center Against Sexaual Assault Kimberly Yedowitz, Scottsdale Healthcare Forensic Nurse Examiners Coreen Young, To the Point Governor’s Division for Women Staff Mary Thomson, Director, Division for Women Allie Bones, Senior Program Analyst, Violence Against Women Evelyn Buckner, Program Administrator Maureen Domogala, Program Administrator Eva Lester, Assistant Program Administrator Bre Thomas, Women’s Health Policy Advisor Kelly Ward, Special Projects for Women Melissa Wright, Administrative Coordinator A Guide for Safety & Justice in Arizona - June 2004 65 66 The State Plan on Domestic & Sexual Violence: Appendix B: A Timeline of Key Events in the History of Domestic and Sexual Violence ( 1970s – 2000s) The 1970s 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 United States Commission on Civil Rights holds “ A Consultation on Battered Women” in Washington DC. The two- day proceedings feature hundreds of advocates and result in the publication of “ Battered Women: Issues of Public Policy.” During this conference, the National Coalition Against Domestic Violence ( NCADV) is born. National Communications Network for the Elimination of Violence Against Women ( NCN) publishes first national newsletter on issues facing battered women. Women around the country organize the first annual “ Take Back the Night” marches. Pennsylvania founds the first state coalition against Domestic Violence. First emergency rape crisis hotline opens in Washington, D. C. Rainbow Retreat, one of the country’s first battered women’s shelters, opens in Phoenix, Arizona. First US rape crisis center opens in San Francisco. A Guide for Safety & Justice in Arizona - June 2004 67 The 1980s 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 NCADV holds national conference. 600 women, representing 49 states, attend. Arizona Coalition Against Domestic Violence is born. The first annual Domestic Violence Awareness Month is celebrated. Over 500 shelters are in operation nationwide. Subcommittees of the Navajo Nation Council hold hearings on the impact of domestic violence, and Navajo Nation courts develop rules for criminal and civil proceedings. Congress passes the Family Violence Prevention and Services Act ( FVPSA). Surgeon General identifies domestic violence as a major public health concern. NCADV opens first national domestic hotline. 68 The State Plan on Domestic & Sexual Violence: 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 The U. S. Surgeon General announces that abuse by husbands is the leading cause of injuries to women aged 15 to 44. The American Medical Association recommends that doctors screen women for signs of domestic violence. The United Nations identifies violence against women as an international human rights issue and produces the Declaration on the Elimination of Violence Against Women. Congress passes the Violence Against Women Act ( VAWA) into law, providing increased funding for services, increased training for law enforcement, and further civil remedies for victims of violence. Office on Violence Against Women is created within the Department of Justice. This office oversees over $ 1 billion in grants to states. Over 1,200 shelters are in operation nationwide. Arizona Legislature creates the Domestic Violence Shelter Fund, a dedicated fund source for shelter services in the state. The 1990s A Guide for Safety & Justice in Arizona - June 2004 69 The 2000s 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Arizona Legislature and Governor approve the appropriation of $ 3 million in TANF funding for emergency shelter and legal advocacy services. Congress Reauthorizes of the Violence Against Women Act, adding the Trafficking Victims Protection Act of 2000. Arizona Legislature and Governor approve the appropriation $ 500,000 for emergency shelter and legal advocacy services. Landmark Nicholson case in New York City rules that Child Protective Services cannot remove a child from the home solely because their mothers are victims of domestic violence. Governor Napolitano renames the Commission to Prevent Family Violence to the Governor’s Commission to Prevent Violence Against Women. The State Plan on Domestic & Sexual Violence: A Guide for Safety & Justice in Arizona is developed and implementation begins. 70 The State Plan on Domestic & Sexual Violence: Appendix C: Myths and Facts about Domestic Violence Appendix C: Myths and Facts about Domestic Violence Myth: Battering is a momentary loss of temper. Fact: Battering is a pattern of behavior that establishes power and control over a partner using threats and violent behavior. 0 Myth: Battered victims who return to their abusers are masochistic or extremely dependent. Fact: Abusers manipulate women’s emotions using “ recapture” language and tactics, convincing them to return. 0 Myth: Most battered women are young, poor, minority, uneducated or unemployed. Fact: Domestic violence affects women of all races, ages, religions and social, economic or employment status. 0 Myth: Battered women choose the wrong partner because of something in their past that affects their judgment. Fact: Domestic violence is not the result of poor judgment of a woman. Violence is a conscious choice of the abuser. . A Guide for Safety & Justice in Arizona - June 2004 71 Myth: Women cry “ domestic violence” just to win in custody cases. Fact: In fact, there is a backlash against victims of domestic violence. Nationwide, in 70% of cases where abuse is alleged, the abusive parent gets full custody of the children. 0 Myth: Battered women in shelters don’t know how to make good decisions, or they wouldn’t be there. Fact: The decision to go to a shelter is an act toward safety; a woman in a shelter sacrifices her privacy and her own home to obtain safety. 0 Myth: If battered women would just leave, the abuse would stop. Fact: Actually, the most dangerous time for victims is when they are leaving. 0 Myth: Alcohol and drugs cause domestic violence. Fact: While alcohol and drugs are present in many domestic violence scenes, they cannot be blamed for the violence - the abuser makes a choice to behave violently. 0 Myth: Children aren’t aware of the violence in their home. Fact: There is no age at which children living with domestic violence are not adversely affected. 72 The State Plan on Domestic & Sexual Violence: Appendix D: Glossary of Terms and Acronyms Appendix D: Glossary of Terms Conditions of Release A document provided by the court detailing the requirements and prohibitions of a person coming out of jail or prison. Domestic Violence Physical, sexual, emotional or psychological abuse of a current or former intimate partner. Dual Arrest Situation in which a law enforcement officer arrests both par-ties in a domestic violence situation. Felony A serious crime that is punishable by a more stringent sen-tence than that given for a misdemeanor. Misdemeanor A crime, less serious than a felony, which is punishable by a fine or imprisonment in a county or city jail rather than in a penitentiary. Order of Protection An Order of Protection is a civil court order that can be re-quested by a victim and is meant to protect that person from harm or harassment by the abuser. Predominant Aggressor The person who is more likely to inflict injury and less likely to be afraid as a result of having the power and control in the relationship. A Guide for Safety & Justice in Arizona - June 2004 73 Prevention 0 Primary Prevention Primary prevention strategies protect individuals from becoming a victim, perpetrator, or witness of domestic or sexual violence. 0 Secondary Prevention/ Early Intervention Secondary prevention strategies aim to help keep individuals who have already been exposed to abuse from experiencing negative consequences linked with that experience. 0 Tertiary Prevention Tertiary prevention strategies aim to help individuals who have already suffered negative consequences from DV or SA from experiencing ongoing, debilitating effects. Sexual Assault Purposeful exposure of an unwilling or unconsenting person to actions with sexual content, ranging from inappropriate touching to intercourse. Shelter/ Safe House A safe, temporary place for victims of domestic violence and their children to go when they have left their abuser. The length of stay varies from 30 days at some shelters to 120 days in others. Some shelters also offer transitional housing, where women and children can stay for as long as two years. Vulnerable Adult A person who is either being mistreated or in danger of being mistreated or neglected, and who, because of age and/ or disability, is unable to protect him/ herself. 74 The State Plan on Domestic & Sexual Violence: Acronyms AHCCCS Arizona Health Care Cost Containment System APS Adult Protective Services AOCA Administrative Office of the Courts, AZ Supreme Court ARS Arizona Revised Statute BHS Behavioral Health Services BIW Battered Immigrant Women CCRT Coordinated Community Response Team CDC Center for Disease Control CPOR Court Protective Order Repository CPS Child Protective Services CPVAW Commission to Prevent Violence Against Women CRT Crisis Response Team DES Department of Economic Security DFW Division for Women DHS Department of Health DPS Department of Public Safety DOH Department of Housing DOJ US Department of Justice DVOTP Domestic Violence Offender Treatment Program EADV Employers Against Domestic Violence FAC Family Advocacy Center FRT Fatality Review Team GOCYF Governor’s Office for Children, Youth and Families HHS US Department of Health and Human Services A Guide for Safety & Justice in Arizona - June 2004 75 HMIS Homeless Management Information System HUD US Department of Housing and Urban Development IAH Injunction Against Harassment IDT Implementation Design Teams LGBT Lesbian, Gay, Bisexual or Transgendered MAN Men’s Anti- violence Network MDT Multidisciplinary Team NFSA Need For Services Assessment OBHL Office of Behavioral Health Licensure OP Order of Protection RAINN Rape, Abuse, Incest National Network SACT State Agency Coordinating Team SART Sexual Assault Response Team SCAN Sex Crimes Analysis Network SSI Supplemental Security Income TANF Temporary Assistance for Needy Families VAWA Violence Against Women Act VICAP Violent Criminal Apprehension Program 76 The State Plan on Domestic & Sexual Violence: Appendix E: Arizona Revised Statues for Domestic Violence and Sexual Assault Appendix E: Arizona Revised Statues for Domestic Violence and Sexual Assault As of June 2004 A. " Domestic violence" means any act which is a dangerous crime against children as defined in section 13- 604.01 or an offense defined in section 13- 1201 through 13- 1204, 13- 1302 through 13- 1304, 13- 1502 through 13- 1504 or 13- 1602, section 13- 2810, section 13- 2904, subsection A, paragraph 1, 2, 3 or 6, section 13- 2916 or section 13- 2921, 13- 2921.01, 13- 2923, 13- 3019, 13- 3601.02 or 13- 3623, if any of the following applies: 1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household. 2. The victim and the defendant have a child in common. 3. The victim or the defendant is pregnant by the other party. 4. The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent- in- law, grandparent- in-law, stepparent, step- grandparent, stepchild, step- grandchild, brother- in- law or sister- in- law. 5. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant. B. A peace officer may, with or without a warrant, arrest a person if the officer has probable cause to believe that domestic violence has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether such offense is a felony or a misdemeanor and whether such offense was committed within or without the presence of the peace officer. In cases of domestic violence involving the infliction of physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, the peace officer shall arrest a person, with or without a warrant, if the officer has probable cause to believe that the offense has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether such offense was committed within or without the presence of the peace officer, unless the officer has reasonable grounds to believe that the circumstances at the time are such that the victim will be protected from further injury. Failure to make an arrest does not give rise to civil liability except pursuant to section 12- 820.02. In order to arrest both ARS 13- 3601. Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure; notice; report; diversion A Guide for Safety & Justice in Arizona - June 2004 77 to arrest both parties, the peace officer shall have probable cause to believe that both parties independently have committed an act of domestic violence. An act of self- defense that is justified under chapter 4 of this title is not deemed to be an act of domestic violence. The release procedures available under section 13- 3883, subsection A, paragraph 4 and section 13- 3903 are not applicable to arrests made pursuant to this subsection. C. A peace officer may question the persons who are present to determine if a firearm is present on the premises. On learning or observing that a firearm is present on the premises, the peace officer may temporarily seize the firearm if the firearm is in plain view or was found pursuant to a consent to search and if the officer reasonably believes that the firearm would expose the victim or another person in the household to a risk of serious bodily injury or death. A firearm owned or possessed by the victim shall not be seized unless there is probable cause to believe that both parties independently have committed an act of domestic violence. D. If a firearm is seized pursuant to subsection C of this section, the peace officer shall give the owner or possessor of the firearm a receipt for each seized firearm. The receipt shall indicate the identification or serial number or other identifying characteristic of each seized firearm. Each seized firearm shall be held for at least seventy- two hours by the law enforcement agency that seized the firearm. E. If a firearm is seized pursuant to subsection C of this section, the victim shall be notified by a peace officer before the firearm is released from temporary custody. F. If there is reasonable cause to believe that returning a firearm to the owner or possessor may endanger the victim, the person who reported the assault or threat or another person in the household, the prosecutor shall file a notice of intent to retain the firearm in the appropriate superior, justice or municipal court. The prosecutor shall serve notice on the owner or possessor of the firearm by certified mail. The notice shall state that the firearm will be retained for not more than six months following the date of seizure. On receipt of the notice, the owner or possessor may request a hearing for the return of the firearm, to dispute the grounds for seizure or to request an earlier return date. The court shall hold the hearing within ten days after receiving the owner's or possessor's request for a hearing. At the hearing, unless the court determines that the return of the firearm may endanger the victim, the person who reported the assault or threat or another person in the household, the court shall order the return of the firearm to the owner or possessor. 78 The State Plan on Domestic & Sexual Violence: G. A peace officer is not liable for any act or omission in the good faith exercise of the officer's duties under subsections C, D, E and F of this section. H. Each indictment, information, complaint, summons or warrant that is issued and that involves domestic violence shall state that the offense involved domestic violence and shall be designated by the letters DV. A domestic violence charge shall not be dismissed or a domestic violence conviction shall not be set aside for failure to comply with this subsection. I. A person arrested pursuant to subsection B of this section may be released from custody in accordance with the Arizona rules of criminal procedure or any other applicable statute. Any order for release, with or without an appearance bond, shall include pretrial release conditions necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide for additional conditions which the court deems appropriate, including participation in any counseling programs available to the defendant. J. When a peace officer responds to a call alleging that domestic violence has been or may be committed, the officer shall inform in writing any alleged or potential victim of the procedures and resources available for the protection of such victim including: 1. An order of protection pursuant to section 13- 3602, an injunction pursuant to section 25- 315 and an injunction against harassment pursuant to section 12- 1809. 2. The emergency telephone number for the local police agency. 3. Telephone numbers for emergency services in the local community. K. A peace officer is not civilly liable for noncompliance with subsection J of this section. L. An offense included in domestic violence carries the classification prescribed in the section of this title in which the offense is classified. If the defendant committed a felony offense listed in subsection A of this section against a pregnant victim and knew that the victim was pregnant or if the defendant committed a felony offense causing physical injury to a pregnant victim and knew that the victim was pregnant, the maximum sentence otherwise authorized shall be increased by up to two years. M. If the defendant is found guilty of an offense included in domestic violence and if probation is otherwise available for that offense, the court may, without entering a judgment of guilt and with the consent of the defendant, defer further proceedings and place the defendant on probation or intensive probation, as provided in this subsection. The terms and conditions of probation or intensive probation shall include those necessary to provide for A Guide for Safety & Justice in Arizona - June 2004 79 the protection of the alleged victim and other specifically designated persons and additional conditions and requirements which the court deems appropriate, including imposition of a fine, incarceration of the defendant in a county jail, payment of restitution, completion of a domestic violence offender treatment program that is provided by a facility approved by the department of health services or a probation department or any other counseling or diversionary programs that do not involve domestic violence and that are available to the defendant. On violation of a term or condition of probation or intensive probation, the court may enter an adjudication of guilt and proceed as otherwise provided for revocation of probation. On fulfillment of the terms and conditions of probation or intensive probation, the court shall discharge the defendant and dismiss the proceedings against the defendant. This subsection does not apply in any case in which the defendant has previously been found guilty under this section, or in which charges under this section have previously been dismissed in accordance with this subsection. N. If a defendant is diverted pursuant to this section, the court shall provide the following written notice to the defendant: You have been diverted from prosecution for an offense included in domestic violence. You are now on notice that: 1. If you successfully complete the terms and conditions of diversion, the court will discharge you and dismiss the proceedings against you. 2. If you fail to successfully complete the terms and conditions of diversion, the court may enter an adjudication of guilt and proceed as provided by law. O. If the defendant is found guilty of a first offense included in domestic violence, the court shall provide the following written notice to the defendant: You have been convicted of an offense included in domestic violence. You are now on notice that: 1. If you are convicted of a second offense included in domestic violence, you may be placed on supervised probation and may be incarcerated as a condition of probation. 2. A third or subsequent charge may be filed as a felony and a conviction for that offense shall result in a term of incarceration. The failure or inability of the court to provide the notice required under subsections N and O of this section does not preclude the use of the prior convictions for any purpose otherwise permitted. 80 The State Plan on Domestic & Sexual Violence: A. A person may file a verified petition, as in civil actions, with a magistrate, justice of the peace or superior court judge for an order of protection for the purpose of restraining a person from committing an act included in domestic violence. If the person is a minor, the parent, legal guardian or person who has legal custody of the minor shall file the petition unless the court determines otherwise. The petition shall name the parent, guardian or custodian as the plaintiff and the minor is a specifically designated person for the purposes of subsection G of this section. If a person is either temporarily or permanently unable to request an order, a third party may request an order of protection on behalf of the plaintiff. After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff. For the purposes of this section, notwithstanding the location of the plaintiff or defendant, any court in this state may issue or enforce an order of protection. B. An order of protection shall not be granted: 1. Unless the party who requests the order files a written verified petition for an order. 2. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court. 3. Against more than one defendant. C. The petition shall state the: 1. Name of the plaintiff. The plaintiff's address shall be disclosed to the court for purposes of service. If the address of the plaintiff is unknown to the defendant, the plaintiff may request that the address be protected. On the plaintiff's request, the address shall not be listed on the petition. Whether the court issues an |
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