Protocols
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Protocol Committee
Minutes
Date: July 14, 2004
Time: 1:30 p.m. – 3:40 p.m.
Location: Bay Area Legal Aid, 50 Fell Street, San Francisco, CA 94102
Members Present
Tricia Erwin, Community Member
Ken Theisen, Bay Area Legal Aid
Rosario Navarrette, Department on the Status of Women
Barbara Kempster, Emergency Communications Department
Donna Medley, Office of Citizen Complaints
Sergio Calizo, Adult Probation Department
Nixon Lazaro, Adult Probation Department
Cynthia Alexis, Victim Services, District Attorney’s Office
Susan Fahey, Sheriff’s Department
Daisy Anarchy, Community Member
Call to Order
The meeting was called to order by Rosario Navarrette at 1:30 p.m.
Introductions/Roll Call
Introductions of all present were conducted
Approval of Minutes – June 9, 2004
The draft minutes of June 9, 2004, were approved after clarifications and changes.
Recorder for the Next Meeting:
Sally Piňa was nominated to take minutes for the next Protocol meeting on August 11, 2004.
Recorder this Meeting
Barbara Kempster offered to take minutes for July 14, 2004
Adult Probation Department (APD) Presentation Continued
Sergio Calizo introduced Nixon Lazaro who works on the Victim Impact Project (VIP).
The project has been in effect since October 2002. Nixon handles these cases as well as his other caseload for domestic violence.
The VIP focuses on victim intensive situations and their children.
Of the twelve to fourteen Domestic Violence Unit Probation Officers, each selects individuals from their caseload that they feel qualify for the VIP program which averages to three or four victims per probation officer (PO). Nixon has been working with Judge Kahn and the family court. He would like to see these two courts continue to parallel in the needs for the victim and to make sure the probationer is in compliance. APD can mandate the probationer to take parenting skills and/or domestic violence anger management classes.
Eligibility criterion for VIP is: victim makes contact with PO; numerous violations of restraining orders or court stay away orders; children as victims of violence or those that witnessed the violence; stalking or sexual assault; probationer reassaulted victim; probationer also a victim of domestic violence.
Nixon conducts more home visits with more intense supervision of the probationer than in other domestic violence cases.
The main goal is to have the family court and the domestic violence court stay in a parallel relationship. This helps APD better monitor the probationer’s parenting, counseling and overall progress. Nixon is waiting at present for Judge Woolard to make this dual court relationship permanent.
APD establishes communications with the victim right away, educates the victim on what options and resources are available and the probation officer’s role. The first goal is to contact the victim and ensure the stay away order is in effect or assist the victim in reporting violations. They assist the victim in getting a copy of police reports to obtain child custody.
All APD files are confidential. Progress reports to criminal court and victim reports or communications are all confidential. To gain access to a file can only be done through the subpoena process, through the City Attorney’s Office.
If probationer reoffends during probation, he/she goes back to criminal court for a motion to revoke probation by APD.
There are ten to fifteen victim intensive caseloads in APD. Nixon divides his attention between the VIP program and his other domestic violence cases. The ideal caseload is sixty per probation officers. He alone carries one hundred ten (110) cases. Since Nixon is also the only Tagalog speaking officer in the APD he is also responsible for those cases. San Francisco and Santa Clara are the only counties in Northern California.
Nixon reports to the Chief of APD about his VIP cases. The Chief is very much in favor of this program but there is no money in his budget for it.
Nixon continued by reporting the merits of the Victim Impact Program.
This program has helped victim’s open up more about what happened and recognize areas where the probationer needs help.
*Lets victim know they are conducting intensive monitoring of the probationer and to protect the victim.
*If victim calls APD to inform them that another incident occurred and makes a police report, APD will place the matter on the court calendar immediately. If victim calls in to report of a violation but ask them “not to report” the officer will weigh the situation and advise the victim of their concern for the victim’s safety.
*APD will educate the victim on the PO’s role and offer to give the victim help in how to testify in court. The officer provide information as to why their testimony is essential and sentence possibilities.
Mr. Lazaro then went through the questions that the PO asks when interviewing a victim.
- The first question an officer asks is, Are you safe?
- If victim is uncooperative buts keeps giving information, will provide more monitoring of the probationer and keep giving the victim referrals. If it sounds very serious, will have an APD officer do a welfare check of the victim.
- If children are involved and the victim says there was violence but wants NO report, will send an officer to check out the home. Child Protective Services (CPS) calls APD on any child abuse cases. APD officers have also called CPS when necessary.
- Caseload retained for VIP is dedicated to just the victim. On bench warrants (where the probationer fails to appear in court, APD has made more domestic violence arrest then any other unit.
- Criminal court wants to know any contact probationer has had. APD reports good and bad behavior of probationer. APD will make recommendations to the court.
Sometimes judges do not want to hear about new violations so, APD officers will ask probationer into their office and arrest on the new charges. When the judge asks for progress report and the officer has advised the probationer has been rearrested, the judge is forced to remand the offender into custody.
Discussion was made to make recommendations to present to the Justice and Courage Oversight Panel at next meeting in September.
1. Need support for the Victim Impact Project to continue.
2. Request for one Cantonese/Mandarin speaking PO. Request for two probation officers to be dedicated to VIP.
3. Two officers to go out and verify addresses and serve bench warrants.
4. Domestic violence bench warrants should be given priority and not be cited out.
5. Contact Human Resources Department for costs of clerks assigned to APD/VIP and other overhead expenses.
6. Strongly advise to have the Domestic Violence and Family Courts continue their communication with VIP program.
Other Business:
Daisy Anarchy raised concerns regarding about family law courts having domestic violence victims meeting in clerk’s office along with their batterer prior to court session.
Trish Erwin, acting as co-chair, advised to have this tabled for another meeting’s agenda. One idea is to bring in a court representative to address this issue. Ms. Erwin also informed Ms. Anarchy that this committee had a long process for investigating complaints such as this.
Trish will also talk with Rosario about how to proceed with this issue. She also suggested Ms. Anarchy go before the Oversight Panel and raise it as an issue at the next meeting.
Next Meeting Issues
District Attorney’s Victim Services will make its presentation.
Next Meeting
August 11, 2004, Wednesday, 1:30-3:30 at Bay Area Legal Aid
Adjourned
The meeting was adjourned at 3:30p.m.
