COLORADO S NEW MANDATORY REPORTING LAW Candise Winder Colorado Adult Protective Services
BEGINNING JULY1, 2014 Certain professionals must report any: Abuse An At-Risk Elder A person 70 years of age and older. Caretaker Neglect Exploitation of allat-risk Elders Section 18-6.5-108, C.R.S.
THE U.S. IS AGING Beginning in 2012, Baby Boomers began turning 65 at a rate of one every 10 seconds That is 10,000 a day. This trend will continue for the next 20 years Research Alliance for Aging
AND SO IS COLORADO From 2000-2010 Colorado population grew 17% Persons age 70 and over will increase 28% by 2017 Persons age 70 and over will increase 142% by 2032 S.B. 12-078 Report November 30.2012
COLORADO IN 2013 7,293 allegations of mistreatment 24% were exploitation 25% were caretaker neglect 10% were physical or sexual abuse 51% were self neglect 92% of the clients lived in the community (i.e. not in a facility)
DENVER IN 2013 1,337 allegations of mistreatment 802 involved a client over 65 24% were cases of exploitation 25% were caretaker neglect 10% were physical or sexual abuse 92% of the clients lived in the community (not in a facility)
MANDATORYREPORTERS Physicians, surgeons, physicians assistants, osteopaths, physicians in training, podiatrists, occupational therapists Medical examiners and coroners Registered nurses, licensed practical nurses, and nurse practitioners Mandatory Reporter
MANDATORYREPORTERS Hospital and long term care facility personnel engaged in the admission, care, or treatment of patients Psychologists and other mental health professionals Social work practitioners Dentists Law enforcement officials and personnel Court appointed guardians and conservators
Fire protection personnel Pharmacists THERE ARE MORE. Community centered board staff Personnel of banks, savings and loan associations, credit unions, and other lending or financial institutions
AND MORE. Caretakers, staff members, employees, volunteers, or consultants for a licensed or certified care facility, agency home, or governing board, including but not limited to home health providers Emergency medical service providers Physical therapist Chiropractors Clergy (pursuant to Section 13-90-109(1)(C), C.R.S.)
SOCIALWORKPRACTITIONERS Those who have a Bachelor s of Social Work, Master's of Social Work, are a Licensed Clinical Social Worker OR A person without a degree in social work BUT whose job is described as a social worker.
VICTIMADVOCATE Victim Advocates employed by or volunteering for a law enforcement (LE) agency are mandatory reporters. Domestic violence or victim advocates who work in community advocacy programs, and have been specially trained as defined in Section 13-90-107(k), C.R.S., are not specifically named as mandatory reporters
VOLUNTEERS ANDREPORTING If you work as a volunteer in a capacity identified as a mandatory reporter, you area mandatory reporter. The witnessmust report. Reporting to a supervisor is not sufficient to meet the requirements of the law. If both you and your supervisor observe the mistreatment, only one report has to be made.
LAW DICTATES CALL LAW ENFORCEMENT Any mandatory reporter calls directly including: a bank teller A CNA a home health agency employee Company policies do not trump the law: if you witness the abuse or exploitation, you have 24 hours to report to law enforcement.
REPORTING Reporting is a safety precaution and only means that the case will be investigated by professionals. You are NOT labeling anyone or ruining anyone s reputation by reporting.
WHEN DOI NEED TO REPORT? Within 24 hours of witnessing the abuse: Call law enforcement Call immediately if there is imminent risk for mistreatment or abuse
WHAT DOI NEED TO REPORT? 1. Name and address of the at-risk elder. 2. A description of the alleged mistreatment and the situation; what did you observe? 3. What is the nature and extent of the injury? 4. Who is the alleged perpetrator; name and address if possible. 5. Any other information that you feel is relevant.
WHAT IFI M NOT SURE? Report even if you only suspectsomething is wrong. As long as you make the report in good faith you are immune from any criminal charges or a civil lawsuit for damages. You are not immune if you are the perpetrator of the mistreatment.
HOW OFTEN DOI CALL? Only one report about the same at-risk elder mistreatment is required. Law enforcement evaluates the report and determines a response. APS evaluates the report and determines a response. There is no prescribed amount of time to resolve issues as each situation is unique.
REPORTS TOWRONGJURISDICTION Make the report and law enforcement will ensure that the right agency responds to the report.
WHYNOTJUSTCALLAPS? Law states that reports must be made to law enforcement. If unsure of the victim's age, and you witness abuse, neglect or exploitation, report to law enforcement. If you mistakenly report to APS, because you thought the person was under 70, APS will share the report with law enforcement.
WHAT HAS TO BE REPORTED? Any signs of: Physical Abuse Sexual Abuse Caretaker Neglect Financial Exploitation
EMOTIONALABUSE APS does not investigate reports regarding emotional abuse without additional mistreatment. Emotional abuse is not a crime. Law enforcement and prosecutors cannot always make arrests for emotional abuse alone.
WHO ARE THEABUSERS? Most often a family member or someone the elder knows. It can be anyone: neighbor, home care staff, handyman, clergy, family, friends, hired help, Anyone else who has contact with the elder.
ROLES OFAPS & LAWENFORCEMENT APS Helps at-risk adults when they are unable to meet their own needs and are victims of mistreatment. Investigates reports of alleged mistreatment. Offers protective case services for at-risk adults who have been mistreated. Collaborates with law enforcement, the District Attorney, and other community partners to help protect at-risk adults. Law Enforcement Will complete a criminal investigation when a report of abuse, neglect, or exploitation warrants one. Will notify APS within 24 hours of the report and will coordinate intervention, if needed. Will notify the District Attorney (DA) and will provide the DA with a written report of all investigations.
ADDITIONALAT-RISKADULTS Persons 18 years of age or older who are susceptible to mistreatment or self-neglect because: Unable to obtain necessary support services, or They lack sufficient understanding or capacity to make or communicate responsible decisions. Conditions that increase risk include dementia, physical or medical frailty, developmental disabilities, brain injury, behavioral disorders, and mental illness.
EXAMPLES OF OTHER AT-RISK ADULTS 67 year old male with dementia who cannot remember to pay his bills and has no water or electricity in his home. 20 year old DD adult who is being locked in her bedroom by her caregiver for 8 hours a day without food and water. 36 year old female who is wheelchair bound, has advanced stages of MS, and needs 24/7 care and is being physically abused by her husband. 68 year old male who lives alone and there are reports he is not eating or bathing and he is unable to get to the store for food.
NON AT-RISK ADULTS A 35 year old man who walks with a cane or uses a wheelchair but is able to perform all activities necessary to provide for his health and safety. An adult of any age with decisionmaking capacity who: Makes poor investment decisions or participates in a lottery scam; Is involved in a landlordtenant dispute; Chooses to live in a dirty home or with multiple pets; Uses alcohol and drugs to excess.
SELF-NEGLECT Self-neglect is not a crime. Self-neglect occurs when an at-risk adult endangers his/her health, safety, welfare, or life by not getting the services they need to meet their basic human needs.
SIGNS OFSELF-NEGLECT Doesn t understand how to manage medications -some days takes too many or none at all Not bathing and remains in the same soiled clothes for weeks. Unsafe living conditions; lack of food or basic utilities in the home. Hoarding animals or trash Inability to manage finances and pay monthly bills Inability to manage day to day activities
APS PRIORITIES Confidentiality Investigations and reports are confidential and cannot be shared except in very limited circumstances. Consent At-risk adults must consent to protective services. APS does not need consent to conduct an investigation into allegations of mistreatment. Self-Determination At-risk adults have the right to make their own choices, unless they no longer have capacity, or unless their choices violate a law or are a danger to others. Least Restrictive Intervention APS will always try to implement services for the shortest duration and the minimum extent necessary to protect the at-risk adult.
Have the right to make lifestyle choices including: Refusing medical treatment or medication Choosing to abuse alcohol or drugs Living in a dirty or cluttered home Continuing to live with the perpetrator Keeping large numbers of pets, or Engaging in other behaviors that may not be safe RIGHT TOREFUSESERVICES
APS EXPANSION It is anticipated we will see a 15% increase in mandatory reporting. Legislature provided funding to hire staff Reports will be tracked to determine if there is a need for additional resources.
FOLLOW-UP Mandatory Reporters do not need to follow up with APS or law enforcement. You may not hear back from either agency.
BEGINNINGJULY1 ST YOU MUST REPORT Any abuse, caretaker neglect Or exploitation Of an At-Risk Adult Within 24 hours of observation or discovery To Law Enforcement
WHAT IS ELDER ABUSE Melissa Drazen-Smith Denver City s Attorney Office Jessica Naberhaus, MPA Denver Adult Protective Services
WHAT IS ELDER ABUSE? Neglect Physical, sexual, emotional abuse Financial exploitation
HOW OLD ARE THESE FOLKS? You may not know the exact age of the elder in question
REMINDERSABOUTAGE Wide range of abilities Various generational values and life experiences (baby boomers to old-old) Ageism be careful not to stereotype or generalize based on age
AGEISM any attitude, action, or institutional structure which subordinates a person or group because of age or any assignment of roles in society purely on the basis of age.
THE VICTIMS OF ELDER ABUSE
ANYONE WHO COMMITS ELDER ABUSE?
PERPETRATORS OF EMOTIONAL ABUSE 47% OF EMOTIONAL ABUSE IS FROM FAMILY
PERPETRATORS OF PHYSICAL MISTREATMENT 76% OF PHYSICAL ABUSE IS FROM FAMILY
WHERE DOES ELDER ABUSE OCCUR?
WHY DOES ELDER ABUSE OCCUR? Greed baby!
PHYSICAL ANDEMOTIONALCRIMES Homicide Assault - Kidnapping False Imprisonment Harassment -Negligent Injury Menacing Reckless Endangerment
PHYSICALABUSE Non-accidental use of force against an elderly person that results in physical pain, injury, or impairment. May include domestic abuse, parental abuse, caregiver abuse or stranger abuse.
UNIQUETYPES OFPHYSICALABUSE Force feeding Restraining Over or under medicating Smothering
EMOTIONAL ORPSYCHOLOGICAL Verbal forms of emotional elder abuse include: Intimidation through yelling or threats Humiliation and ridicule Habitual blaming or scapegoating
NONVERBALPSYCHOLOGICALABUSE Ignoring the elderly person Isolating an elder from friends or activities Terrorizing or menacing the elderly person
DOMESTICVIOLENCE Spouse, partners, gay and lesbian Long-term relationships New relationships Let go of stereotypes about dating later in life
Wheel adapted by NCALL with permission from Domestic Abuse Intervention Project, Duluth, MN in 2006.
RELATIONSHIP DYNAMICS Parent/child dynamic Friend dynamic Helper dynamic ALL MAY SHARE THE POWER AND CONTROL DYNAMIC
DYNAMICS TO LOOK FOR Greed Talking for the elder Isolating the elder Never leaving the elder alone
PHYSICAL SIGNS Depression Change in behaviors Repeated injuries even if there are explanations offered Injuries that have no explanation
WHAT ISELDERSEXUALABUSE? Any nonconsensual, unwanted sexual contact with an older adult.
WHOCOMMITSELDERSEXUALABUSE?
SEXUAL CONTACT The knowing touching of the victim s intimate parts by the actor, or the actor s intimate parts by the victim or the clothing covering the immediate area of the victim or actor s intimate parts if it is for the purposes of sexual arousal, gratification or abuse.
CONSENT Possessed sufficient mental capacity Had knowledge of true nature of transaction Acted freely and voluntarily
MENTALINCAPACITY Some victims may not have the capacity to consent to sexual activity. Should the perpetrator have known?
CAREGIVERS ASSEXUALOFFENDERS Can be man or woman as perpetrator or victim Can be in home or facility Can be professional or family
PHYSICALSIGNS OFSEXUALABUSE Infections, pain, or bleeding in genital areas or mouth Bruises to outer arms, chest, mouth, genitals, abdomen, pelvis, or inside thighs Bite marks Unexplained STDs or HIV Difficulty walking or sitting Torn, stained, and/or bloody clothing including underwear, bedding, or furnishings
POTENTIALBEHAVIORALCLUES Unexplained or sudden changes such as: Mood or temperament Personal hygiene Substance use or abuse Sudden avoidance or fear of specific people Sleep disturbances Recent resistance to certain kinds of caregiving such as bathing
OTHERBEHAVIORALCUES Coded disclosures He s my boyfriend He loves me I m his favorite girl Reacts to offender in inappropriate or romantic ways Seems hyper vigilant Shies away from being touched
WHAT ISNEGLECT? Refusal or Failure to Provide Food Water Clothing Shelter Personal hygiene Medication Medical care Comfort Personal safety Other essentials
POSSIBLESIGNS OFNEGLECT Malnutrition Poor hygiene Unexplained changes in weight or cognition Inappropriate clothing for weather or situation Untreated pressure ulcers
CRIMINALNEGLIGENCE C.R.S. 18-1-501(3) A person acts with criminal negligence when: gross deviation of the standard of care a reasonable person would exercise fails to perceive a substantial and unjustifiable risk that a result will occur
ENVIRONMENTALSIGNS OFNEGLECT Strong odors of urine and/or feces Lack of medication or assistive devices Underfed or not properly cared for pets Lack of utilities Spoiled food Infestation of insects or rodents
WHAT ISFINANCIALEXPLOITATION? Illegal or improper use of an older adult's funds, property or assets. Since not all older adults use the banking system, consider cash, gold, jewelry, antiques, and homes as assets.
WHOCOMMITSFINANCIAL EXPLOITATION? Family members, partners, and trusted individuals Caregivers Faith leaders and representatives Professionals who develop a trust relationship Strangers may become friends (Sweetheart scams)
METHODS OFFINANCIALEXPLOITATION Scams and identity theft (stranger) Theft, coercion, and fraud Undue influence Abuse of legal authority (i.e., Power of Attorney)
WHAT ISUNDUEINFLUENCE? Method used by perpetrator to obtain consent from victim in order to commit crime of theft. Substitution of perpetrator s will for the true desires of victim similar to brainwashing. Victim consents to transactions based on what perpetrator wants not in victim s best interest.
ELDERFINANCIALEXPLOITATIONLAWS Theft C.R.S. 18-4-401, 18-6.5-103(5) ID Theft C.R.S. 18-5-902 Forgery C.R.S. 18-5-102
DON T BE FOOLED BY EXCUSES Just because someone has an explanation doesn t mean that there is no problem.
ABUSERS OFTEN Lie Manipulate Charm Justify their behavior Blame the victim and others
Blames the Victim COMMONABUSERJUSTIFICATIONS She s clumsy. (accident) She didn t do what I wanted. (victim s behavior) She started it or He hit me when I was trying to clean him. (mutual abuse) He hit me when I was a child. (learned behavior) He has Alzheimer s. You can t believe what he says.
COMMONABUSERJUSTIFICATIONS I did it, but I can t be held responsible because: I have a problem with my temper. (anger) I was drunk or high. (substance abuse problem) I m sick. It s not my fault. (physical or mental health issue) In my culture, elders share their resources. (culture) He is too difficult to care for. (caregiver stress)
COMMONABUSERJUSTIFICATIONS I m going to inherit it eventually anyway and need it now. I m just so stressed out, he needs so much from me.
CAREGIVERSTRESSDOESNOT EXCUSEABUSE Many people experience stress without becoming abusive to a person or pet Victimis the target; no one else Patternof behavior Caregiver stress can be a tactic used to generate sympathy for the abuser.
YOU ARE NOT AN INVESTIGATOR IF YOU HAVE CONCERNS REPORT AND HAVE A PROFESSIONAL DECIDE FOR SURE.
WHAT TO DO IF YOU SUSPECT ABUSE Sgt. Ryan McGinty, Denver Police Department Jessica Naberhaus, MPA, Denver Adult Protective Services
YOU ARE NOT AN INVESTIGATOR It is your job to report. It is OUR job to investigate.
HOW TOREPORT If the person is at risk of immediate harm: Call 911 If the person is NOT at risk of immediate harm, call the Denver Police Department: Call 720.913.2000 If a case of SELF-NEGLECT or is non-criminal call Adult Protective Services Call 720.944.2994
WHENTOREPORT You must file a report within 24 hours
1.Name and address of at-risk elder WHATTOREPORT 2.A description of the alleged mistreatment and the situation; what did you observe? 3.What is the nature and extent of the injury? 4.Who is the alleged perpetrator; name and address if known. 5. Any other information that you feel is relevant.
REMEMBER Report abuse, neglect and/or exploitation to the jurisdiction where the crime is occurring This location is often the same as the elder s home, but not always Mandatory Elder Reporting relates to a suspected criminalevent
DPD HANDLES IT FROM THE CALL DPD Investigations (Major Crimes) forwards all Mandatory Elder Reports to Denver APS DPD is required by statute to forward the cases within 24 hours (this includes weekends)
DPD HANDLES IT FROM THE CALL DPD forwards all At-Risk Reports to the District Attorney s Office where the suspected crime occurred Self Neglect does not need to be reported to the DA s Office
DPD CASETRIAGE Cases are investigated by both Major Crimes and District Investigations depending on the potential crime occurring. Cases with multiple allegations are investigated by the unit with the most serious offense.
DPD CASETRIAGE Domestic Violence Unit Possible abuse or neglect by a family caregiver (not in facility) District Investigation Possible abuse, neglect and theft in a facility or by professional caregiver
DPD CASETRIAGE Fraud Unit Possible financial exploitation often coordinates Economic Crime Unit (ECU) in the Denver DA s Office Sex Crimes Unit Possible sexual assault Missing & Exploited Persons (MEP) Unit Missing elder
DPD CASETRIAGE Majority of these cases go to Frauds (50%) and DOMV (35%). Mandatory cases deemed to be not criminal will be labeled as Unfounded DPD will continue to get referrals from APS. Many will be duplicative.
DPD CASETRIAGE Criminal cases will be carried as all other criminal cases (Cleared by Arrest, Exceptionally Cleared, Warrant Issued, Inactive, etc). When a case is completed, a 2 nd notification of case disposition will be forwarded to APS and the DAs Office (per statute). DPD will continue to get referrals from APS. Many will be duplicate.
FALSEREPORTING If you knowinglymake a false report of mistreatment, it is a CLASS 3 MISDEMEANOR. If charged and convicted of false reporting, you could receive a fine up to $750, six months in jail or both. If you make a false report and are found guilty, you will also be liable for any damages caused by your actions.
IMMUNITY If a report is made in GOOD FAITH, there is immunity from suit and liability for damages in civil actions and criminal prosecution If the reporter is the perpetrator then immunity does NOT apply Mandatory reporting does not create a civil duty of care or establish a civil standard of care that is owned to an at-risk elder
If a report is made to: REPORTINGCONFIDENTIALITY Law Enforcement The victim can refuse to cooperate. This does not necessarily stop the investigation. APS Reporter information may be kept confidential. District Attorney s Office The victim can refuse to cooperate. The DA can pursue other avenues of investigation.
CASECONFIDENTIALITY If you want your information kept confidential, you could impact the investigation and outcome of the case. If criminal charges are filed, the reporter s name may no longer be kept confidential.
WELFARE CHECKS Denver Communications will typically dispatch Officers to a location to investigate and draft a report into their Records Management System. On cold incidents, where it would not be prudent to send an officer, (e.g., suspicious transaction at a bank that is now closed) Dispatch will draft a report to forward to Investigations. Cases from Patrol Officers and letters from Communications will be forwarded to Investigations Investigators will conduct an investigation when appropriate
WHAT ABOUTEVELYN? Any suspicion of abuse, neglect or financial exploitation? Is Evelyn 70 years or older? Who would be a mandated reporter in her situation?
If the pharmacist called If the banker called If the doctor called Who else might report? Clergy Neighbor HOW WOULDDPD RESPOND?
REPORTING MAY BE UNCOMFORTABLE Client/victim could be angry at you The alleged perpetrator could be angry Co-workers, family may become defensive, align with alleged perpetrator Victim may not be cooperative You have no control over the investigation or case outcomes
Investigation by the District Attorney s Office Ralph Stephenson Denver District Attorney s Office Economic Crime Unit
WHAT BECOMES OF THE REPORT: THE ROLE OF ADULT PROTECTIVE SERVICES Karen Devine Denver Adult Protective Services
CONCURRENTINVESTIGATIONS APS may already have an open investigation APS may open an investigation when DPD shares the report APS may be investigating at the same time DPD and DA s Office are investigating
Law Enforcement Receives the Report REFERRALPROCESS Law enforcement will share the Report with Adult Protective Services (APS) within 24 hours 24 HOURS Law Enforcement will also notify The District Attorney (DA) Of the report Law Enforcement may Investigate the report APS may investigate the report And offer the client protective services Law enforcement will provide a Copy of their investigation Report to APS and the DA The DA will review the report For possible criminal charges.
WHENAPS RECEIVES AREPORT Each report is assessed by a caseworker and/or APS supervisor to determine if the client meets criteria as an at-risk adult according to the APS statute under Title 26 of the Colorado Revised Statutes. The report is shared with law enforcement.
APS REPORTSCREENING Based on the safety issues presented in each report, a determination is made as to how and when to respond. If risk level warrants that a face to face response is necessary, a timeframe for the response is determined to ensure that the most serious situations receive a high priority.
CONFIDENTIALITY ANDREPORTING The identity of a person reporting concerns about an at-risk adult to APS is confidential and may only be disclosed when: A court orders the information released, for good cause; There is a criminal investigation or indictment based upon the information in the report; and/or; There is a charge or grand injury indictment in connection with the death of an at-risk adult.
CONSENT& PROVISION OFSERVICES After completion of the investigative process, if allegations of mistreatment are substantiated or if APS identifies other needs areas for a client, appropriate services are identified to mitigate risk, such as involving DPD and/or the DA. Services can only be implemented with the consent of the client.
RIGHT TOREFUSESERVICES At-risk adults have the right to make lifestyle choices that others may see as objectionable or even dangerous, including: Refusing medical treatment or medication Choosing to abuse alcohol or drugs Living in a dirty or cluttered home Continuing to live with the perpetrator Keeping large numbers of pets Engaging in other behaviors that may not be safe
Confidentiality APS COREVALUES APS investigations and reports are confidential and cannot be shared except in very limited circumstances. Consent At-risk adults must consent to protective services. APS does not need consent to conduct an investigation into allegations of mistreatment
Self-Determination APS COREVALUES At-risk adults have the right to make their own choices, unless they no longer have capacity, or unless their choices violate a law or are a danger to others. Least Restrictive Intervention APS will always try to implement services for the shortest duration and the minimum extent necessary to protect the at-risk adult.
APS & INVOLUNTARYINTERVENTION If there is suspected incapacity APS will work with medical professionals and other agencies to assess if a Guardianship and/or Conservatorship is appropriate. If the client is found to lack capacity: APS will also first look to engage family, friends, or other agencies in this process who are willing and appropriate.
TIMEFRAMES FORAPS INVOLVEMENT APS attempts to implement services quickly in order to mitigate risk and improve safety. About 80% of all APS cases are closed within three months, and about 90% are closed within six months.
APS CASECLOSURE APS will close a case if/when: A competent client refuses services The allegations are unfounded and APS services are not required Once services are in place and the risk is reduced.
OUTCOME OF AT-RISK ADULT INVESTIGATION Joseph M. Morales Chief Deputy District Attorney Denver District Attorney s Office Economic Crime Unit
PRIORITY The number one goal in any investigation of at-risk adults is to stop the abuse. Get at-risk adult out of abusive situation. Protect the at-risk adult from further physical and emotional abuse. Get family or protective services involved. Protect the remaining assets or get the assets returned to them.
FILING OFCHARGES After an investigation establishes probable cause, charges can be filed by: Summons: misdemeanor offenses. Complaint and Information: felony offenses filed in county court. Direct filing into Denver District Court. By agreement of the parties By Indictment-more complex cases or the need for subpoena power of grand jury
STATUTES TOPROTECTCOLORADOELDERLY CRS 18-6.5-102 (1) "At-risk adult" means any person who is seventy years of age or older or any person who is eighteen years of age or older and is a person with a disability as said term is defined in subsection (3) of this section.
STATUTES TOPROTECTCOLORADOELDERLY CRS 18-6-5-103 (5) Any person who commits theft, and commits any element or portion of the offense in the presence of the victim, and the victim is an at-risk adult, or who commits theft against an at-risk adult while acting in a position of trust, whether or not in the presence of the victim, commits a class 5 felony if the value of the thing involved is less than five hundred dollars or a class 3 felony if the value of the thing involved is five hundred dollars or more. Theft from the person of an at-risk adult by means other than the use of force, threat, or intimidation is a class 4 felony without regard to the value of the thing taken.
UNDUEINFLUENCE C.R.S. 18-6.5-103(7.5) A person commits criminal exploitation of an at-risk elder when he or she knowingly uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk elder of the use, benefit, or possession of anything of value.
WHY LABEL A CASEAT-RISK Increased Penalties C.R.S. 18-6.5-103 Makes it a class higher. Part of the crime must have been committed in the presence of the victim. Bond Aggravator Ability to Depose Victim C.R.S. 18-6.5-103.5 Preferential Trial Dates C.R.S. 18-6.5-105 Marital Privilege Inapplicable C.R.S 18-6.5-104
CRIMINALCHARGES IN AT-RISK CASES Theft Forgery Unauthorized Use of Financial Transaction Device Criminal Impersonation Securities Fraud Colorado Organized Crime Control Act (COCCA)
NEGLECTCASES Caretaker Neglect C.R.S. 18-6.5-101(6) Inadequate food, clothing, shelter, psychological care, physical care, medical care C.R.S. 18-6.5-103(6) Knowingly acts in a manner likely to be injurious to the physical or mental welfare to an at-risk adult. Class 1 Misdemeanor Ignorance of the law is not a defense
PERPETRATORS Non-Stranger Family Friends Caregivers Advisors Accountants Lawyers Affinity groups Stranger Telemarketing Lottery/Sweepstakes Timeshare resale scam 411 Nigerian Letter Pigeon Drop Scam Contractors Travelers/Gypsies *80% of casesare non-stranger
THECAREGIVERS Stole over $400,000 from same victim -one right after the other Second thief brought victim to court for first thief s case
THELAWYER Probate lawyer stole estate assets of countless at-risk adults Scheme uncovered when last victim found murdered 32 years prison $3.4 million
THEFINANCIALADVISOR Victim losses were over $10 million at least ½ from at-risk adults. 50 years Department of Corrections
THEFAMILYMEMBER Drained accounts and took all the equity out of aunt s/victim s home Killed aunt to save her from having to leave nursing home which she could no longer afford Pled guilty murder and agreed to 48 years in prison.
STRANGERCRIMES Sweetheart scams Dent scams Home invasion distraction burglaries Home improvement asphalt and concrete scams Psychic palm reading scams Timeshare scams Telephone scams-nigerian, Princess, Stranded, Packaging, Sweepstakes, Jury
Eric Jones Ran a Confidence Scam Took a little over $25k from one victim 4 years prison THECON
THECONTRACTOR Convinced elderly couple that furnace needed to be fixed, took crucial parts and never came back Actual cost to fix $50 New furnace $1500 6 years prison
THETRAVELER Traveled U.S. seeking victims with wife and kids Dent scam --then religion --then assistance All deception scams 16 years prison
JURISDICTIONALISSUES At least one part of the crime must occur within the jurisdiction to be charged. Where victim was deceived or money taken. The bank which processed the funds or where the funds were deposited. Location of suspects business or place of operation. If you do not have venue, then there can be no prosecution.