Building Partnerships to Enhance Access to the Criminal

Building Partnerships to Enhance Access to the Criminal Justice System for Crime Victims with Disabilities A Massachusetts Initiative Presented by Elizabeth D. Scheibel Northwestern District Attorney September 20, 2004

AGENDA Ø Introduction to the Structure of Massachusetts State Agencies Ø Identifying Abuse as a Problem Ø “House of Horrors” – Case that Changed the System Ø Response to the System Failure Ø Building Partnerships Initiative Projects Ø How cases move through the Adult Protective Service System Ø Building Partnerships Results

EOHHS Structure & Oversight Disabled Persons Protection Commission (DPPC) Executive Office of Health & Human Services (EOHSS) DSS Departme nt of Social Services EOEA DMR Department of Mental Retardation DMH Department of Mental Health MRC DPH Department Massachuse of Public Health tts Rehabilitatio n Executiv e Office of Elder Affairs

Structure and Oversight State Police Detective Unit at DPPC (SPDU) District Attorney (Eleven Districts) (DA) DSS Departmen t of Social Services The Attorney General’s Office (AG) EOEA DMR Department of Mental Retardation DMH Department of Mental Health Executiv DPH e Office MRC of Elder Department Affairs Massachuse of Public Health tts Rehabilitatio n

Adult Protective Service System Disabled Persons Protection Commission (DPPC) Department of Mental Retardation (DMR) Department of Mental Health (DMR) Massachusetts Rehabilitation Commission (MRC)

Massachusetts State Police Detective Units (SPDU) SPDU Attorney General District Attorney Statewide Specialized Units DPPC

Identifying the Problem Prevalence of Violence Against Persons with Disabilities

Prevalence of Violence Against Persons with Disabilities Ø 54 million Americans with disabilities (U. S. Department of Justice, 1998) Ø 5 million crimes committed against persons with developmental disabilities each year in the U. S. compared with (Petersilia, Ph. D. , UCD): § § 1. 4 million Child Abuse 1 million Spousal Abuse 1 million Elder Abuse 800, 000 Hate Crimes

Prevalence of Violence Ø More than 90 percent of persons with developmental disabilities will experience sexual abuse at some point in their lives. 49 percent will experience 10 or more abuse incidents (Valenti-Hein & Schwartz, 1995) Ø A study of psychiatric inpatients found that 81 percent had been physically or sexually assaulted (Jacobson & Richardson, American Journal of Psychiatry, 1987)

Prevalence of Violence Ø 62% of women with physical disabilities reported experiencing emotional, physical or sexual abuse (Nosek & Howland, 1998) Ø Only 3% of sexual abuse cases involving people with developmental disabilities will ever be reported (Valenti-Hein & Schwartz, 1995)

“House of Horrors” - The Case that Changed the System in Massachusetts Commonwealth v. Harold and Karol Simonton Raynham, Massachusetts

Harold Simonton Karol Simonton

TORTURE l Tied to Piping hot radiator l Fingers/Hands in vice grips l Fingers in monkey wrench l Burned with boiling hot water l Hit with whips, thorned sticks, 3 lb hammers l Forced to hand over SS $$ l Assaulted & threatened with several firearms l Hit with motor chain (causing blindness in one eye) l Attacked by vicious dogs on D’s command l Sexually assaulted l Forced to beg for food l Forced to sleep in doghouse

WHAT WENT WRONG BANKS BOARD OF HEALTH DPPC POLICE NEIGHBORS SCHOOLS DMR VICTIMS FAMILY SOCIAL SECURITY BUSINESS OWNERS A SYSTEM F AILURE

The Massachusetts Response to the System Failure

The Process House Post Audit Report Issued 1997 DMR Investigation Advisory Panel Established DMR Investigation Advisory Panel Report Issued Statewide Conference 1998 1999 EOHHS Unites Human Service Agencies MOU Process Begins

Multidisciplinary Agency Response Joint Investigations Ø No one person or agency possesses all of the skill, knowledge, and resources necessary to respond to the complex problems of mistreatment and abuse. § Each agency brings a different perspective and different information to the table

THE AGREEMENT (MOU) I. III. IV. V. VI. Statement of Purpose Participating Agencies Goals Reporting and Investigation Human Services Investigation Liaison Review and Evaluation

I. Statement of Purpose To provide a framework for the prompt and effective reporting, investigation and prosecution of crimes against persons with disabilities through a multidisciplinary approach

II. Participating Agencies (Multidisciplinary Team) Ø District Attorney’s Office § Prosecutor § Forensic Interviewer § Victim/Witness Advocate Ø Disabled Persons Protection Commission Ø Human Service Agency § Department of Mental Retardation § Department of Mental Health § Massachusetts Rehabilitation Commission Ø State Police

Other Team Members Ø Local Police Ø Sexual Assault Nurse Examiner (SANE) Ø Medical Professional Ø Mental Health Consultant Ø Speech and Language Pathologist Ø Human Service Case Manager/Service Coordinator

III. MOU Goals Ø GOAL I: To provide protection, treatment and continuity of care for persons with disabilities Ø GOAL II: To ensure crimes against persons with disabilities are promptly and effectively reported, investigated and prosecuted Ø GOAL III: To enhance communication and cooperation between law enforcement and human service agencies Ø GOAL IV: To increase awareness of crimes against persons with disabilities

IV. Reporting and Investigation Ø Reporting of Felonies § Deaths § Indecent Assault and Battery § Rape § Intent to Commit Rape § Larceny of a Person with a Disability Ø District Attorney Notified § 24 hour period

IV. Reporting and Investigation Ø Investigation § Assignment of Criminal Investigation Ú District Attorney State Police Ú DPPC State Police Ú Local Police § Referred back for Civil Investigation Ú DPPC

V. Human Services Liaisons Ø State and Regional Civil Contacts § Disabled Persons Protection Commission (DPPC) § Department of Mental Retardation (DMR) § Department of Mental Health (DMH) § Massachusetts Rehabilitation Commission (MRC)

Steering Committee Ø Purpose of Steering Committee § Directs activities of Executive Office of Public Safety (EOPS) Byrne Grant and “Building Partnerships” initiative

Steering Committee Ø Membership § § § § District Attorney Disabled Persons Protection Commission (DPPC) Department of Mental Retardation (DMR) Department of Mental Health (DMH) Massachusetts Rehabilitation Commission State Police MA District Attorneys Association (MDAA) MA Office of Victim Assistance (MOVA)

Steering Committee Ø Sub-Committees § § § Public Awareness Training Legislative Grant Prosecutors Criminal Justice System

Partnerships Projects Ø Public Education Campaign § § § § Logo Development Building Partnerships Brochure Educational Brochures Laminated Reporting Cards Mass Mailings State and County Training Video Development

Training Ø Law Enforcement Training § Law Enforcement Training by County § Criminal Justice Training Council § State Police Academy Ú Distance Learning Ø Human Service Provider Training § Service Provider Training by County

Training Ø Human Service (Civil) Investigators § 40 Hour Basic Investigation § 40 Hour Sexual Assault Certification Ø Medical Community Training § SANE Nurses § Emergency Room Staff

Training Ø Court Personnel § Americans with Disabilities Act Coordinators § Court Officers § Court Security § Judiciary

Training Ø Communicating with Crime Victims with Disabilities Conference Personnel § October 2002 § Two Day Statewide Conference § Interviewing Persons with Ú Mental Retardation: Dr. Nora Baladerian Ú Mental Illness Ú Physical Disabilities

Training Ø Communicating with Crime Victims with Disabilities Conference § § § Prosecutors Forensic Interviewers Victim Witness Advocates Police Officers Human Service Investigators Human Rights Officers

Partnerships Projects Ø Massachusetts Continuing Legal Education (MCLE): § Crimes Against Persons with Disabilities: A Practical Guide to the Reporting, Investigation and Prosecution Ø Legislative Initiatives § Revised and New Legislation § Enhanced Penalties § Prosecution Issues

Partnerships Projects Ø Criminal Justice Training Council § Curriculum Development Ú New Recruits Ø Distance Learning § Local Police § Civil Investigators Ø Statewide Prosecutors Sub-Committee § Prosecution Issues § Prosecutors Conference

Massachusetts Adult Protective System Response DISABLED PERSONS PROTECTION COMMISSION (DPPC) l Department of Mental Retardation (DMR) l Department of Mental Health (DMH) l Massachusetts Rehabilitation Commission (MRC)

DPPC INTAKE UNIT 24 HOUR HOTLINE Ø Operates a 24 -hour Hotline, 1 -800 -426 -9009 Ø Receives reports of suspected physical, emotional, sexual abuse, neglect and deaths of adults with disabilities Ø Evaluates reports to determine required response [emergency or non-emergency] and jurisdictional criteria Ø Provides information and referrals to callers

DPPC/SPDU Criminal Screening ØDistrict Attorney’s office notified ØDesignated assistant district attorney assigns criminal investigations to: § Local Police § DA’s SPDU § DPPC’s SPDU ØHuman Service agency contacts notified ØCivil Investigator proceeds with protective services

DPPC and Human Service Agencies Assisting Law Enforcement Ø Provides background data on alleged victims, abusers and providers Ø Assists with interview process Ø Assists with gathering and analysis of medical and administrative records Ø Assists in coordinating needed services between law enforcement and human service agencies

Building Partnerships Results …

Criminal Investigations/Criminal Charges DPPC Database

Criminal Activity FY 2004 DPPC Database CRIMINAL ACTIVITY FISCAL YEAR TOTALS SEXUAL ASSAULT 350 ASSAULT & BATTERY 367 LARCENY 95 DEATH 16 OTHER 52 TOTAL CASES 880

What Went Wrong TOWN SELECTM EN BOARD OF HEALTH DPPC STATE POLICE NEIGHBO RS VICTIMS LOCAL POLICE DMR FAMILY SOCIAL SECURIT Y BUSINES S OWNERS The Partners In Protection LOCAL POLIC E DISTRICT ATTORN EY STATE POLIC E FORENSIC INTERVIEW ER VICTIM S DMR SANE VICTIM WITNESS ADVOCAT E DMH MRC A System Failure DPPC COURT S

Building Partnerships Success Ø Improved communication and coordination Ø Improved data collection and documentation Ø Improved civil and criminal investigations Ø Increased reporting, criminal investigations and prosecutions Ø Institutionalized systemic improvements Ø Enhanced access to the criminal justice system for victims with disabilities Increased protection for victims with disabilities