Protocols
2009 2008 2007 2006 2005 2004 2003 JUSTICE AND COURAGE PROJECT
PROTOCOLS COMMITTEE
December 10, 2003
MINUTES
Place: Bay Area Legal Aid, 50 Fell Street, San Francisco
In Attendance
Barbara Brooten Job, Justice and Courage Oversight Panel
Barbara Kempster, Emergency Communications Department
Rosario Navarrette, Department on the Status of Women
Justine McGonagle, Department on the Status of Women
Ken Theisen, Bay Area Legal Aid
Susan Fahey, Sheriff's Department
Delia Ginario, Sheriff’s Department
Eileen Hirst, Sheriff’s Department
Lt. Ellen Brin, Sheriff’s Department
Mary Twomey, Institute on Aging
Justine McGonagle, Department on the Status of Women
Sharon Woo, District Attorney’s Office
Introduction/Roll Call
Co-Chair Barbara Brooten Job called the meeting to order at 1:30 p.m.
Approval of December 10, 2003, Agenda
Agenda for December 10, 2003, was approved.
Review of November 12, 2003, Minutes
Minutes of the November 12, 2003, will be approved at the next meeting. At the December 10, 2003, meeting there was not a representative from the police department to review.
Select Recorder for Next Meeting
Oli Sadler (DTIS) agreed to serve as the Committee's recorder at the December meeting.
Sheriff’s Department Presentation of County Jail9 Intake/Release Facility
Lt. Brin presented on the Sheriff’s Department County Jail #9. The Lt. passed out the Field Arrest Card which is filled out by the arresting officer. The suspect is then brought to County Jail #9. The suspect receives a medical triage and suicidal assessment. From there, fingerprints and photos are taken. The suspect is then searched. If the charges are citable charges the suspect is cited out. If the suspect is not cited out the individual is ID processed. The suspect is then classified for proper housing, medically screened and interviewed by Project O.R. After the suspect is placed in jail housing he/she goes to a preliminary court hearing. The Bailiff brings the calendar with the court information to records, County Jail 1. The booking card stays in the record location.
The court inputs information within 24 hours into the Court Management System. (CMS)
The officer must do a Center Warrants Bureau check either in the field or at the Sheriff’s Department. Information is recorded on the booking card.
The Sheriff’s Department has a check process in which the releasing Deputy reviews card. Individual deputies are responsible for this process. The Deputy doesn’t release unless all charges are adjudicated.
The transfer calendar to the booking card is checked by a person.
Each day there are approximately 120 releases.
Possible Recommendations
1. A question was asked whether individuals brought in on drunk and disorderly charges are run for probation or warrants. Lt. Brin stated that they are not run for warrants or probation.
2. There was a discussion about individuals being released without a set court date and court room
set. Sharon Woo stated that there are individuals released without this information.
This is a court related problem.
Ellen Brin stated she will remind staff that all released individuals must have a court date and court room assigned before leaving the jails.
Clerk’s Office Recommendation
3. There was a discussion about the Clerk’s Office issuing misdemeanors a week out. However, felonies are issued the next day. The problem is that the EPOs expire before the Clerk has issued a TRO or SAO. Ken Theisen suggested requesting exceptions on domestic violence cases because of the lack of protection.
Misdemeanor warrant in other Jurisdiction
There was a discussion about citing out in other jurisdictions. If the bail is over 25,000 other jurisdictions will not cite out on. The Sheriff’s Department stated that San Francisco does not cite out on domestic violence.
Calls to and from jail
There was a discussion on calls and visitations from the jails. Calls made from the jail state who is calling and the receiver of the call can choose to accept call or has the option to “never receive a call from this line again.” A stop phone call order can be done by the courts. With a court order numbers can be blocked.
Mr. Theisen stated that his clients are often afraid to NOT phone the perpetrator.
The District Attorney’s Office said that by the perpetrator calling the individual is violating the EPO and the District Attorney’s Office can file new charges.
Resolve to Stop the Violence Program (RSVP)
Delia Ginorio, Survivor Restoration Program Manager, presented. She stated that RSVP receives offenders via the Court, offenders choosing on their own to enter the program, the Sheriff’s Department assigns according to wrap sheet, District Attorney’s Office and Victim Services.
All offenders are interviewed prior to acceptance into the program. The offender must have violent charges. All offenders must sign a contract stating knowledge and acceptance of program rules. The RSVP team discusses weekly: case management, restraining orders and progress reports. RSVP works with victims and survivors, both sides are confidential and RSVP does not release information to victims or perpetrators of who they work with.
Whether an offender is in the program for 1 day or 2 years their victim is contacted. The minimal goal time for offender is 30 days. Some stays are shorter due to misclassification or program violations. The victim is notified if their offender has been removed. RSVP survivor staff receives police reports and identifies violence, domestic violence, sexual assault and general survivors. Priority is given to dv and sexual assault. Letters of notification and confidentiality are sent. The letters are available in English and Spanish only. The survivor program has a data base for clients. Due to confidentiality no names are entered. This is strictly for statistics. Progress reports for offenders are sent to the courts and probation officers.
The Survivor program has had a case load since 2001. The goal of the SRP is to move clients in crisis to the empowerment program. The empowerment program is a 12 week curriculum.
If RSVP offenders are victim blaming they are removed. An offender can be removed for up to 5 days and will be asked to make program agreements. If he is still not being accountable, further action will be taken. RSVP will also provide secondary victims such as family of the perpetrator with community resources. They have 56 men in the custody program on a rotating basis. The survivor program has 250 open cases and 30 high profile cases currently.
RSVP team works offenders once released to make some form of community restoration. This comes in the form of community service. Some examples are volunteering for community agencies, public speaking against violence and financial restoration to their victims.
SFSD has a Charter School called 5 Keys. Both men & women attend who do not have a GED or HS diploma. The school is for both in-custody and released offenders.
The Sister Program was also discussed. The Sisters Program is funded by the Walden House and is a gender specific substance treatment program.
There was a discussion on perpetrators in prison with a Civil Stay-Away Order. In prison, local (City) EPOs are not valid.
There was a discussion on the lack of legal services available to individuals in jail and prison. A suggestion of Prisoner Legal Services was discussed.
The next meeting will be held on January 14, 2003, 1:30p.m. - 3:30p.m. Bay Area Legal Aid
The Sheriff’s Department will continue with its presentation at the February 11, 2004, 1:30-3:30 p.m., and meeting.
