Wisconsin Coalition Against Domestic Violence Legislative Agenda

Transcription

1 Wisconsin Coalition Against Domestic Violence Legislative Agenda

2 The Wisconsin Coalition Against Domestic Violence (WCADV), founded in 1978, is the statewide membership organization representing Wisconsin domestic abuse programs, domestic violence victims, survivors of domestic abuse and their children, and concerned individuals. WCADV s mission is to end domestic violence. Through education and advocacy, we strive to change societal attitudes, practices and policies that adversely affect victims from diverse groups and their children. WCADV is committed to legislative efforts which are proactive and focused on the women, children and men who have been victims of domestic violence. WCADV is guided by core principles: Respecting the individual autonomy of survivors Ensuring accountability for perpetrators Providing safety and justice for victims Promoting the social change necessary to end domestic violence In determining what legislative efforts to support, WCADV consults regularly with domestic violence programs, survivors of domestic violence, coordinated community response teams, and other professionals who work to address domestic violence. WCADV also maintains a Policy Development Committee. The Committee identifies policy deficits, studies legislative proposals and ensures that WCADV s advocacy benefits survivors across the state. The WCADV Legislative Agenda is a work in progress. We encourage legislators, local domestic violence programs, survivors and other professionals to contact us with potential legislative initiatives and to participate in lobbying efforts throughout the session. In , we present the following legislative initiatives as our agenda.

3 Overview With numerous recent high-profile domestic violence homicides, many in Wisconsin are asking how the state can better support and protect victims. As a state policymaker, we welcome your leadership in this effort. The Wisconsin Coalition Against Domestic Violence (WCADV) is the statewide voice for local domestic violence shelters, service providers, victims and survivors. We believe significant improvement to the state s response requires strategic investment in resources, refinement of existing laws and the fostering prevention efforts throughout Wisconsin. DV incidents reported to police in WI in 2011: 28,539 Daily unmet requests for help due to lack of resources 270 Victims & children turned away from WI DV shelters in ,388 Annual health care costs of violence against women in US $5.9 billon WI women assaulted, raped or stalked by an intimate partner: 714,000 Average number of days between DV deaths in WI, Increase in victim contacts, WI shelters & programs % Return on $1 invested in preventing DV $9.25

4 Resources Support Local Domestic Violence Shelters and Service Providers Accross Wisconsin Each year, approximately 40,000 women, children and men receive services es from Wisconsin domestic violence victim service providers. Victim services are effective at saving lives, reducing violence and lowering costs associated with abuse. Economic analysis shows for every dollar invested in victim services, $9.25 is saved in property losses, medical and mental healthcare expenses, police response, lost productivity and other costs. 1 The Governor s budget includes specific initiatives to address domestic violence. A new GPS grant program funded at 3 million dollars over the biennium that will provide enhanced monitoring in some Wisconsin counties. Capital funding for the Family Justice Center in Milwaukee Capital funding for the a domestic abuse shelter in Madison We fully support these initiatives and commend Governor Walker for prioritizing the needs of domestic violence victims. We urge the Legislature to support the proposals. Each day, about 270 requests for help The Legislature should also support domestic violence victim services throughout Wisconsin from victims of domestic violence go because domestic violence is a statewide unmet because of a lack of resources. issue. Victims in rural areas, in particular, rely Currently, programs do not have the more heavily on government funded services staff or funding to meet all of the need. because there are less additional resources in their communities. Over 80% of victims are sheltered in rural counties, and the great majority of domestic violence incidents and homicides occur in counties with populations under 400,000 people. Domestic violence victim shelters and service providers throughout Wisconsin are stretched to the limit. State funding for victim service has remained stagnant, and other sources of funding have decreased. From 2011 to 2012, our data indicate the operating budgets of victim programs decreased 5%, leading to a loss of about 20 full-time advocate positions. Meanwhile from 2009 to 2012, the number of nights victims needed to spend in shelter and the numbers of adult and child victim services have dramatically increased. For example, in that time period, the number of adult victim contacts grew almost 80%. The most common reasons for the increases are more severe, complicated and time-consuming cases and the use of evidence-based, trauma- informed care service delivery models, which require more intensive support. With cuts at the federal level likely, Wisconsin is sure to see significant icant erosion to the statewide response to domestic violence victims unless the Legislature shores up services throughout the state. 1 Clark K. Andersen et al, A Cost-Benefit Analysis of the Violence Against Women Act of 1994, 8 Violence Against Women 417 (2002).

5 Restore Funding for Civil Legal Services in Family Law and Other Cases Wisconsin is the only state in the Midwest providing no funding for general civil legal services. One of the main reasons victims of domestic violence stay with abusive partners rs is the fear they will not be able to protect their children during and after the separation. The prospect of going against their abusers in child custody and placement actions is daunting and weighs heavily on victims. Abusers use the family law process to continue to control their victims; research shows violent parents contest custody at a higher rate than non-abusive parents. Our member programs report recent cuts to state funding for civil legal services have made it more difficult for victims to achieve true and lasting safety. Without legal representation, victims are not able to assert their rights and utilize current protections for victims and children. When victims face abusers alone in civil court, they are at an inherent disadvantage and just and safe outcomes are unlikely. We request state funding for these crucial services be restored. Fund the prosecutor retention plan In Dane and Milwaukee counties, which collectively handle approximately 11,600 domestic violence cases per year, 50% of ADAs have less than 5 years experience. Wisconsin s criminal justice system is failing victims of domestic violence. Victims deserve trained and experienced prosecutors to handle their cases and to bring violent perpetrators to justice. Yet, turnover is remarkably high for Assistant District Attorneys (ADAs) two to three times higher than the average state employee. The lack of experienced ADAs is creating a bottleneck in the criminal justice system that threatens the ability of the entire system to be a source of protection for victims. Successful resolution of domestic violence cases requires experienced prosecutors. Given its prevalence, domestic violence cases represent a significant portion of the workload in Wisconsin DA offices. At the same time, these cases are incredibly complex and consequential; prosecutors must understand d and be able to use sophisticated trial strategies to account for volatile victim and perpetrator dynamics. Perpetrators and defense attorneys know the state s attorneys are unable to fully and successfully prosecute many domestic violence cases through trial. As a result, many abusers are able to plea to less serious charges, and they escape any significant accountability. Last session, the Legislature created a pay progression plan to give DAs the ability to retain quality and experienced ADAs. Victims literally risk their lives when they come forward to report abuse. We believe funding the pay progression plan is essential to ensuring victims can depend on qualified prosecutors capable of keeping them safe and bringing perpetrators to justice.

6 Stabliize Sexual Assault Victim Services Funding Funding for sexual assault victim services was 27.5% lower in 2012 than in Domestic violence and sexual assault are overlapping crimes. One in ten women reports being raped by an intimate partner, and 17% of women have experienced some other form of sexual violence by a partner. Thus, a significant portion of sexual assaults are acts of domestic abuse. Reflecting this connection, the majority of domestic violence victim service providers also provide sexual assault victim services. Shortfalls to the Sexual Assault Victim Services (SAVS) grant program, due to declining Victim-Witness Surcharge revenue, have compromised the ability of service providers to respond to both victims of domestic and sexual violence. The Attorney General has proposed using the Penalty Surcharge to stabilize the SAVS fund. We support stabilizing the fund because consistent funding is necessary for Wisconsin to adequately address both domestic violence and sexual assault. Fill the Gap in BadgerCare Access to health care is critical to victims rebuilding their lives and realizing their potential. Wisconsin has the opportunity to enroll all childless adults below 138 FPL in BadgerCare, with the federal government covering the vast majority of the cost. In the first years of the program, it is likely the federal government will pay 100 percent of the cost for this population. Covering Wisconsinites will increase the number of domestic violence victims who are able to transition to self-sufficient, stable and healthy lives. Heath care services are often necessary essary for victims to rebuild their lives. While domestic violence affects families from all socio-economic backgrounds, poor families face more barriers to successfully dealing with domestic violence. Domestic violence erodes victims economic independence. Abusers often sabotage victims ability to maintain steady employment and income. Moreover, years of abuse and trauma prevent victims from realizing their full potential. Research shows that comprehensively addressing the effects of trauma, especially through mental health treatment, is an effective way to return victims to independence, better health and productivity. However, low-income victims without children or victims who have lost custody of their children during the separation process often lack any kind of reliable access to the health care they need to begin anew. As a result, some victims simply remain stuck in harmful cycles. In addition, covering Wisconsinites will lower the risk to victims because more perpetrators will have access to mental health care and alcohol and drug treatment. Mental illness and chemical dependencies are rarely themselves causes of domestic violence; however, these conditions are significant contributing factors and increase the risk of more severe and lethal violence. We believe Wisconsin should not pass up the opportunity to better address these problems.

7 Allow evidence of abusers' pattern of violence in criminal trials Other states: Michigan, Minnesota, Kansas, Vermont One of the main challenges to prosecuting domestic violence is that the rules of evidence prohibit judges and juries from learning of perpetrator s pattern of terror ror and coercive control. control Defense attorneys understand juries are likel likely to never know about the full campaign of violence and abuse, and therefore, defendants have the advantage at trial or in plea negotiations. As a result, many repeat and dangerous abusers face only minimal accountability accountability. Recognizing this inherent problem, a number of states have amended their rules of evidence to allow prosecutors to present nt a fuller picture of the domestic violence to judges and juries. Five states, including our neighbors, Michigan and Minnesota, have amended their rules of evidence to admit evidence of prior acts of domestic violence during prosecutions. The high courts of Kansas and Vermont have developed similar policies through case law. Wisconsin s rules of evidence should likewise be amended to bring the true nature of domestic violence out from the shadows and into the light of our sta state s courtrooms. Create Mandatory Arrest Compliance Measures and Require Ongoing Training Other states: Connecticut, Georgia, Indiana, Kentucky, Rhode Island, South Dakota and Texas require ongoing DV training for officers. Recent reports about the Brown Deer Police Department s failure to arrest the perpetrator of the Brookfield shootings raise questions about compliance with Wis Wisconsin s consin s mandatory arrest law. Anecdotal evidence suggests non non-compliance is not unique to any one department. departme Under current law, each law enforcement department must create and implement a domestic abuse arrest policy. There are currently no oversight or reporting requirements. Additionally, Additio current law requires new police officers receive ttraining on domestic abuse; however, there are no ongoing training requirements.. We propose compliance measures, like having departments submit domestic abuse policies to the state and requiring iring domestic abuse continuing education for officers. Offering New Beginnings to Human Trafficking Victims A number of other states provide a mechaism for human trafficking victims to vacate convictions that were the result of their victimization. Law enforcement officials are increasingly recognizing that women and children who were previously prosecuted for prostitution are in fact victims of sex trafficking. The presence of a conviction on the record of a trafficking victim perpetuates the victimization as a continuing source of stigma and a significant ant barrier to obtaining a job and housing and to leading a productive life. We support legislation to allow courts to vacate the convictions of trafficking

8 victims who show they committed the crimes as a result of being forced or coerced by a human trafficker. We also support legislation to prevent victims of child sex trafficking from inappropriately being treated by the criminal justice system as offenders rather than victims. Enforcement of the Current Firearms Surrender Requirement for Abusers Restricting abusers' with restraining orders access to guns decreases domestic violence homicides by approximately 10%. Current law requires abusers surrender their firearms if a domestic abuse or child abuse restraining order is issued against them. This safety measure remains of limited effectiveness because there is no statewide requirement that courts verify abusers compliance with the surrender order. A judicial enforcement procedure was recently piloted in four counties and subsequently approved by the chief judges as a best practice. The procedure requires verification of surrender when the abuser is known to possess a gun. If surrender cannot be verified, an additional hearing is required to ensure the abuser has complied with the law. We believe these procedures should be required statewide. The abusers possession of a firearm exponentially increases the chances a victim will be killed. Restricting abusers with restraining orders access to guns decreases domestic violence homicides by approximately 10%. 2 Implementing this procedure is a commonsense way to help keep guns out of the hands of abusers and keep victims alive. Protect Wisconsinites from Out of State Abuse, Stalking and Harassment Other states: Indiana, Iowa, Minnesota, Washington Restraining orders are often practically unavailable for individuals who are being abused and harassed by perpetrators who live out of state or for victims who flee to Wisconsin to escape abuse that occurred elsewhere. With the advance of technology, victims are now exposed to abusive behavior through phone calls, text messages, and social media. Wisconsin s civil jurisdiction laws, which apply to restraining order cases, were not designed to respond to this type of conduct. As a result, victims are often told they must go to the abuser s home state to get a valid restraining order. Doing so may very well be unsafe or practically impossible. WCADV supports narrowly crafted modifications to Wisconsin s jurisdictional statutes so that victims may apply for domestic abuse, child abuse and harassment restraining orders against out of state perpetrators who direct abuse at Wisconsinites or have caused victims to flee to Wisconsin. 2 Vigdor ER, Mercy JA. Do laws restricting access to firearms by domestic violence offenders prevent intimate partner homicide?, Evaluation Review 2006;30:

9 Improve Wisconsin's Restraining Order Laws A number of technical changes and other refinements would also make restraining orders more effective for victims There are four types of restraining orders: domestic abuse, child abuse, individual-at-risk and harassment. Victims of domestic violence utilize all four types of restraining order depending on the facts and circumstances of the abuse. Although restraining orders do not shield victims from violence in very high-risk situations, research shows restraining orders are effective at reducing or eliminating violence in the majority of cases. Technical Changes and Refinements Stalking behavior should be a basis for obtaining a domestic abuse restraining order. Stalking is a significant indicator of danger but is currently not included in the definition of domestic abuse for the purpose of obtaining a domestic abuse restraining order. The statute should provide that harassment retraining orders may prohibit all contact between the victim and perpetrator. Currently, the law only specifically bars harassing contact, which invites abusers to push the limits of order and leads to enforcement problems. Similar to other hearings related to children, child abuse restraining order hearings should be closed and the records sealed to protect minor victims. Some counties have already adopted this practice. Child victims and non-offending offending parents should not be required to pay guardian ad litem fees in restraining order cases. Charging child victims (or their non-offending offending parent) these fees likely violates federal funding conditions and is an unjust barrier to safety for child victims. Under current law, either party may request a new (de novo) hearing before a circuit court judge if the restraining order was issued or denied by a court commissioner. The statute should clearly state that any restraining order issued by a court commissioner is valid until the new hearing is held. In certain situations, a victim may request an automatic extension of a restraining order. Current law requires the victim to notify the perpetrator of the extension. The statute should be amended to direct clerks of court to make the notification in order to limit the perpetrator s ability ity to have contact with or locate the victim. Current law provides a method for victims requesting a domestic abuse or harassment restraining order to submit their address confidentially. This allows them to receive necessary notices from the court but remain safe from the abuser. This procedure should also be used in child abuse and individual-at-risk restraining orders. Under current law, the court must rule on the final restraining order 14 days after the issuance of a temporary restraining order. Some judges will keep the temporary order in effect long-term in lieu of ruling on the final order. This practice should be specifically prohibited.