Family Violence Council: Justice and Courage Committee Meeting

February 5, 2021, 9:30 – 11:00 am

Online Meeting

I.Welcome, Introductions/Check-In

• Mr. Theisen welcomed committee members, informed of agenda changes, and facilitated check-in.

II.Bridging Pretrial Communication Gap

• No update

III.Treatment of Charges During Pandemic

• No update

IV.Arrests of Domestic Violence Survivors

• No update

V.Electronic Monitoring in Domestic Violence and Sexual Assault Cases

• Ms. Adams and Lt. Judson presented current statistics on family violence cases.

• Mr. Theisen asked how many of cases have involved offenders cutting their electronic monitors. Lt. Judson replied that there appears to be very few.

• Ms. Upton shared a concern surrounding the release of offenders and thanked the Sheriff’s Department for their work.

• Mr. Theisen asked the DA’s office about protocol in cases where a person violates conditions of electronic monitoring. Mr. Allred replied that in most cases a person who deliberately cuts off an electronic monitor is subsequently detained. However, even if the DA asks for detention, the outcome is ultimately at the Judge’s discretion.

VI.Update on DGO 6.09/Domestic Violence Manual and Training Plan for SFPD

• Ms. Hansell shared that DGO 6.09 and the Domestic Violence Manual were confirmed before the Police Commission in January and are now going through the meet and confer process.

• Once the meet and confer process is completed then training for officers will begin. Implementation of this training may take a significant amount of time, and the pandemic has impacted rollout of department training.

VII.Deferred Action on Domestic Violence Cases/Diversion of Domestic Violence Cases

• Ms. Upton raised concerns around deferred judgement and diversion of domestic violence cases.

• Mr. Keane called for a meeting with Judges as they are responsible for final decision making on case outcomes and suggested to follow up regarding training for judges on domestic violence dynamics.

• Mr. Theisen suggested setting a separate meeting with Judge McNaughton.

• Ms. Upton suggested meeting with the Presiding Judge as well, in a separate meeting.

• Mr. Theisen asked Ms. Hansell to check on dates for meeting with the Judges, preferably before the next Justice and Courage meeting.

VIII.Discuss SFPD Form – Affidavit of Termination of Investigation 

• Ms. Korr shared concerns from the community regarding the SFPD form and asked SFPD to shed light on when the termination of investigation form is used.

• Insp. Keane replied that he is unable to comment as he has never used the form, but it is available to investigators.

• Mr. Allred suggested inviting police legal or another unit at SFPD to a meeting to provide more information.

• Insp. Keane offered to look into specific cases where Ms. Korr has seen the form used.

• Ms. Korr declined as those cases are closed and she does not have client authorization to share. Ms. Korr would like to continue the conversation – she is aware of California counties who have moved to remove the use of a similar in domestic violence cases.

• There are two versions of the form, from 2000 and 2015. Mr. Theisen asked Ms. Korr and Insp. Keane to send the forms to Ms. Hansell so that they can be shared with the rest of the committee.

• Mr. Allred commented that this form is more appropriately used in other kinds of cases and there is a need to evaluate whether this form should be used in domestic violence cases.

• Mr. Theisen asked to put this topic on the next agenda.

IX.Planning agenda for 4/2/2021 meeting

• Mr. Theisen asked if there are any more items on agenda for next meeting besides what has already been discussed.

• Ms. Upton made a suggestion as FVC chair that subcommittee report out on FVC meeting on Feb 24^th from 3-5 pm.

• Mr. Theisen adjourned the meeting.  

ACTION ITEMS

Action Item	Person	Deadline	Reported Out
Present update at Family Violence Council Meeting	Ken Theisen	02/24/2021
Put forward possible dates to meet with Presiding Judge and Judge McNaughton	Elise Hansell	04/02/2021
Send SFPD Affidavit of Termination of Investigation to Ms. Hansell	Fawn Jade Korr, Insp. Keane	04/02/2021
Add discussion of SFPD form to next agenda	Elise Hansell	04/02/2021