Protocols
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Protocol Committee Meeting
August 13, 2003, 10:30 AM - 12:00 PM
Minutes
Location: Bay Area Legal Aid, 50 Fell Street, San Francisco
In Attendance:
Barbara Brooten Job, Justice and Courage Oversight Panel
Rebecca Gooch, DOSW
Susan Fahey, San Francisco Sheriff's Department
Rachel Kilshaw, San Francisco Police Dept., Domestic Violence Response Unit
Barbara Kempster, Emergency Communications Department
Ken Theisen, Bay Area Legal Aid
Mary Twomey, Institute on Aging
Cynthia Alexis, SFDA, Victim Services
Sergio Calizo, San Francisco Adult Probation Department
Sharon Woo, San Francisco District Attorney's Office
Donna Medley, Office of Citizen Complaints
Justine McGonagle, DOSW, Justice and Courage Coordinator
Introductions/Roll Call:
The meeting was called to order and facilitated by Co-chair Barbara Brooten Job. Donna Medley took the minutes of the meeting.
Agenda:
The agenda of the August 13, 2003, meeting was approved.
Minutes:
The minutes of the July 9, 2003 meeting were approved.
Presentation:
Sergeant Rachel Kilshaw, SFPD, Domestic Violence Response Unit, presented the following documents and materials:
Inspector Sanford's outline of domestic violence training for ECD
San Francisco Police Department's Bulletin #03-111 entitled "Amber Alert System"
San Francisco Department General Order 6.09, Domestic Violence
Crime Victims Confidentiality Form (SFPD form 478)
The Crime Victims Confidentiality Form has been in effect for approximately two weeks. The Committee discussed the function and purpose of the form. Sergeant Kilshaw informed the committee that only the crime victim's first name, last initial, and date of birth are currently included on the incident report. Other demographics and contact information are provided on the new Crime Victim's Confidentiality form. A copy of the incident report and the new form are routed to the Domestic Violence Response Unit where it is matched up, thereby enabling the DVRU to contact the victim. The committee discussed the problems raised for various agencies by the removal of victim contact information from incidents reports. Although the Committee recognized the intent of the new form to protect victim confidentiality and enhance safety, the agency representatives felt that the unintended effect of delaying or obstructing the provision of services to domestic violence victims was unavoidable and undesirable. The Committee formulated a recommendation to address this concern. (See Recommendation P6)
Committee members were asked to review the Minutes of the May 14, 2003 meeting for other possible recommendations issuing from that presentation.
Next Meeting:
Inspector Kilshaw will continue her presentation at the next meeting, which will be held on September 10, 2003, from 1:30 to 3:30 PM. September through December meeting times have been changed. They will be held from 1:30to 3:30 PM. They will continue to be held on the second Wednesday of the month at Bay Area Legal Aid, 50 Fell St., San Francisco.
RECOMMENDATION
Committee: Protocol Committee Reference No. P6
Date:
Subject: Efficacy of San Francisco Police Department form 478, Crime Victims Confidentiality
Issue: The Crime Victims Confidentiality form: prohibits or delays victim access to ancillary service providing agencies (e.g., SFDA Victim Services, Adult Probation) ; could place officers and citizens in greater danger by not knowing about prior domestic violence contacts;could prevent knowledge of prior domestic violence, thereby leading to non-compliance with state law reporting requirements; delays DVRU case assignment and contact of victim; delays or precludes victim contact by SFDA Victim Services staff; impedes the documentation of domestic violence incidents necessary for the support of restraining order petitions, custody determinations, subsequent court orders, insurance coverage and claims, etc; may prohibit or delay the establishment of prior bad acts used in criminal proceedings.
Recommendations: The Chief of Police should be invited to meet with the Interdepartmental Communications and Coordination Committee immediately following the next ICCC meeting in order to discuss the impact of the Crime Victims Confidentiality form on victims and agencies serving/addressing victims of domestic violence. The Crime Victims Confidentiality form should be reviewed as an urgency matter. Use of the form should be discontinued immediately pending review and revision. Revised forms should be available in the main language groups spoken in San Francisco. Forms should be carbon copied with copies provided to the victim when filled out. A flagging system should be created to preserve confidentiality of domestic violence records and training should be provided to SFPD Records Management personnel.
Timeline: Effective immediately.
Impact: If unaddressed:
Increases danger to officers, victims, service providers, Reduces services to victims, Reduces effectiveness of the criminal justice system
If addressed:
Provides information to enhance victim protection and use of the criminal justice system and service providing agencies, Affords confidentiality, if chosen by the victim, Improves report management by the SFPD
Resources:
Current domestic violence referral form, Staff who developed the original form, Other models and procedures in the SFPD and in other jurisdictions, Domestic violence agencies and experts, other City agencies willing to consult or participate in revision of the form
Outcome Evaluation:
Newly revised form, Flagging system for domestic violence cases, Training for SFPD Records Management personnel
