Protocols
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Protocol Committee
Minutes
Location: Bay Area Legal Aid, 50 Fell Street, San Francisco, CA 94102
Date: April 14, 2004
Time: 1:30 p.m. - 3:30 p.m.
Members Present
Barbara Brooten Job, Oversight Panel
Sharon Woo, District Attorney's Office
Barbara Kempter, ECD
Ken Theisen, Bay Area Legal Aid
Susan Fahey, San Francisco Sheriff’s Department
Justine McGonagle, Department on the Status of Women
Rosario Navarrette, Department on the Status of Women
Trish Erwin, Community member
Call To Order
Meeting called to order by Chair, Barbara Brooten Job, at 1:40 PM
Minutes
The March 10, 2004 minutes were approved. Moved by Ken Theisen and seconded by Susan Fahey.
Minutes Next Meeting
Susan Fahey volunteered to record the next meeting of May 12, 2004.
EPOs
Sharon Woo of the District Attorney’s office reported that some court officer’s were not returning phone calls to the police who were requesting EPOs from the court. She also reported that sometimes the court clerk’s office would also not pick up the telephone.
Sharon Woo will furnish a copy of the EPO protocol to the committee and DOSW.
We will bring up this issue with the court when we meet with them.
Sheriff’s Department Recommendations
The Protocol Committee decided that the recommendation about the court clerks is really a court issue - It is to be recommended that where misdemeanor defendants are released from jail, that the cases should require a return court date within three (3) court days. This will be discussed with the court as well when we meet with them.
The Protocol Committee discussed probation holds when a defendant is arrested and it appears that s/he is on probation. It is unclear who can or does put on a probation hold. (1203 A of the California Penal Code)
Under what circumstances will the Sheriff’s Department accept a 1203 A hold from the police department? Sharon Woo said she would ask the police to see when they do it.
It appears that the Police will seek such a hold if the person is arrested on a felony for an act of violence, Domestic Violence, a violation of a restraining order, DUI. Under these cirmcstances the Sheriff’s Department will accept this hold.
Ken Theisen asked what would happen if the person arrested was on probation in another county. Apparently their generally is nothing done in these cases as the SFPD would not necessarily know of such probation.
We had a discussion regarding the possibility of Tarasoff warnings from the Sheriff’s Department when the Sheriff’s Department personnel discovered there was possible danger to victims from people participating in the RSVP program.
District Attorney’s Office
Sharon Woo passed out a case disposition form for the committee to see. It is used by the DV DAs to record the disposition of DV cases.
Sharon Woo explained the repercussions of the recent Supreme Court Crawford case. It will change the way the District Attorney works with domestic violence cases and could result in cases being dismissed and more court appearances by the victims.
We discussed possibilities of more domestic violence victim outreach and services. It was also felt that the larger DV community should be told about the effects of this case on DV cases and victims.
The Committee also discussed the need for more domestic violence training for law enforcement in light of this case.
Sharon Woo announced she will be leaving the Domestic Violence Unit and working in the Drug Unit. Liz Tarchi will be replacing her in the Domestic Violence Unit
Adjourned
The meeting was adjourned at 3:30 PM.
Next Meeting
The next meeting will be on May 12, 2004 at BayLegal at 50 Fell St. in the conference room.
