Ordered Anger Management*

VCPA views defendants as being capable of making a complaint to their probation officer if there is a problem with a treatment provider. <b>Approval Process for Treatment Providers and Programs</b> California state law governs treatment provider criteria and protocol and is

contained in Penal Code sections 1203.097 and 1203.098. Examples of the criteria are that classes must be group settings, two hours long, limited to 15 per group, have a specified curriculum and no victim is to be part of the counseling program. VCPA has sole authority to approve a treatment provider and approval must

be renewed annually.

Provider approval is sought by the completion of a written application describing the treatment program, demonstrating the ability to administer and operate a batterer's program, and documenting at least one year's experience. The application process also includes an on-site review of the program and the payment of approval fees. VCPA has sole authority to deny, suspend or revoke approval for reasons such

as violation of the penal code or misrepresenting any material fact alleged in the approval process. Approval is an accreditation process and does not result in a contract between

the county and the provider. Each program must reapply yearly for approval by submitting an approval

application, paying the fee and providing documentary support. Standards and Guidelines directs VCPA as follows in the monitoring of group

sessions: VCPA shall conduct a site monitoring of at least one batterer's group session, per program. The selection of the group and date shall be within the discretion of VCPA and may be unannounced. At the determination of VCPA, additional sessions of the same group may be monitored, all groups offered by the program may be monitored, or only selected sessions may be monitored. This determination shall be within the discretion of VCPA. VCPA shall record the observations in a written report on a uniform document and shall determine program compliance with these standards based upon observations and report. <b>Program Content</b> The California Penal Code directs that the anger management program

content focus on education about gender roles, socialization, the nature of violence, the dynamics of power and control, and the effects of abuse on victims and children. Court Ordered Anger Management Classes Final Report Ventura County 2004 - 2005 Grand Jury Response Requested Ventura County Probation Agency (R-01, R-02) 5 Court Ordered Anger Management Classes Ventura County Probation Agency Calvin C. Remington Director/Chief Probation Officer RECEIVED December 5, 2005 DEC <b>0 9</b> 2005 VENTURA COUNTY <b>GRAND JURY</b> Esther Bleuel, Chairman Grand Jury Review Committee James H. Dekker, Foreperson Ventura County 2005-2006 Grand Jury 800 S. Victoria Ave. Ventura, CA 93009 Dear Ms. Bleuel and Mr. Dekker, Thank you for your interest in Ventura County Probation and the local Domestic Violence Batterers Intervention Programs. Regarding the topics of interest in your letter of November 15^th, the offender complaints cited in our prior response typically are provided verbally to our Probation Officers from Domestic Violence defendants. Our officers listen to and seriously consider such complaints, and generally are able to resolve them through discussion with the defendant. The most common topic of complaint has to do with the issue of program compliance, as mandated by Statute and the terms of probation. Offenders will make complaints regarding the structure of the program and their obligations to attend and pay for treatment, or they will assert some special circumstance that they feel should exclude them from the treatment mandate. Offenders will less often make personal complaints about the providers as being unfair, biased against the defendant, or simply not understanding their individual circumstances. A dispassionate review of the Court's and program's expectations, and the defendant's obligations is very useful at defusing any accusations of personal bias. Very rarely do we receive a complaint that has substance enough to warrant an in depth investigation. Such complaints are generally resolved with a phone call to the provider. I am not aware of any complaints filed under our formal Citizen's Complaint County Government Center, L#3200 • 800 South Victoria Avenue • Ventura, CA 93009 • (805) 654-2106 • FAX (805) 654-3544 procedure, or any that led to our revoking a program's approval to received Court mandated treatment referrals. Regarding the qualifications to become a provider of a Batterers Intervention Program, these are controlled by Statute. The qualifications for a program are included in Penal Code section 1203.097(c)(5) while those for group facilitators are included in Penal Code section 1203.098. These standards have been incorporated into our local Standards and Guidelines document, relevant sections of which have been attached for your convenience. I hope this response has been adequate to your concerns. Should you need any additional information in this area, please contact me. Sincerely, Patrick A. Neil, Division Manager Adult Services 800 S. Victoria Ave., L#3200 Ventura, CA 93009 (805) 654-2115 patrick.neil@ ventura.org 4 . . The defendant blames, degrades, or has committed acts that d. dehumanize the victim or puts at risk the victim's safety, including, but not limited to molesting, stalking, striking, attacking, threatening, sexually assaulting, or battering the victim. The defendant demonstrates an understanding that the use of e. coercion or violent behavior to maintain dominance is unacceptable in an intimate relationship. The defendant has made threats to harm anyone in any manner. f. The defendant has complied with any requirements to receive g. alcohol counseling, drug counseling, or both. (Penal Code § 1203.097) The defendant demonstrates acceptance of responsibility for the h. abusive behavior perpetrated against the victim. The Court shall order any additional number of sessions recommended 3. by the program, unless it finds that it is not in the interests of justice to do so, and states its reasons on the record. (Penal Code § 1203.097) Upon its own recommendations, the Court may recommend additional sessions be added to the defendant's original program. The defendant shall be required to produce a written referral from VCPA prior D. to enrolling in a program. (Penal Code § 1203.097) Upon request, the Court or VCPA shall provide a copy of the arrest or 1. incident report substantiating the charges. COURT-MANDATED FOR BATTERERS' PROGRAMS OF IV. APPROVAL REFERRALS: VCPA shall have the sole authority to approve a batterers' program. The Α. program shall be required to obtain only one approval but shall renew that approval annually. (Penal Code § 1203.097) The procedure for the approval of a new or existing program shall include В. each of the following: (Penal Code § 1203.097) The completion of a written application containing necessary and 1. pertinent information describing the applicant program. (Penal Code § 1203.097) -5- DV STANDARDS (01/29/04) adequate The demonstration by the program that it possesses 2. batterers' administrative and operational capability to operate a treatment program. (Penal Code § 1203.097) The program shall provide documentation to prove that the program has 3. conducted batterers' programs for at least one year prior to application, and all facilitators meet requirements as stated in Penal Code § 1203.097 and 1203.098. The on-site review of the program, including monitoring of at least one 4. session to determine that the program adheres to applicable statutes, regulations (Penal Code § 1203.097), and to the provisions of these standards. 5. The payment of the approval fee: (Penal Code § 1203.097) VCPA shall fix a fee for approval not to exceed $250 and for a. approval renewal not to exceed $250 every year an amount sufficient to cover its cost in administering the approval process. (Penal Code § 1203.097) No fee shall be charged for the approval of local governmental b. entities. (Penal Code § 1203.097) VCPA has the sole authority to approve the issuance, denial, suspension, or C. revocation of approval and to cease new enrollments or referrals to a batterers' program. VCPA shall review information relative to a program's performance or failure to adhere to standards, or both. VCPA may suspend or revoke any approval issued under these standards or deny an application to renew an approval or to modify the terms and conditions of approval, based on grounds established by probation, including, but not limited to, any of the following: (Penal Code § 1203.097) Violation of any of the provisions of Penal Code Section 1203.097 or any 1. provisions of these standards by any person holding program approval or by a program employee in a program under this chapter. (Penal Code § 1203.097) Misrepresentation of any material fact in obtaining the approval. (Penal 2. Code § 1203.097) -6- <b>DV STANDARDS (01/29/04)</b> The programs must submit to VCPA the following written documents: (Penal D. Code § 1203.097) Proof of enrollment, to be submitted to VCPA and/or to the Court and to 1. include the fee determined to be charged to the defendant, based upon the ability to pay, for each session. Periodic progress reports that includes attendance, fee payment history, 2. and program compliance. Final evaluation that includes the program's evaluation of the 3. defendant's progress, using the criteria set forth in these standards and recommendation for either successful or unsuccessful termination or the continuation of the program. (Penal Code § 1203.097) No program, regardless of its source of funding, shall be approved unless it E. meets the following standards: (Penal Code § 1203.097 and 1203.098) The establishment of guidelines and criteria for education services, 1. including standards of services that may include lectures, classes, and group discussions, and homework assignments. Supervision of the defendants for the purpose of evaluating the person's 2. progress in the program. Adequate reporting requirements to ensure that all persons who, after 3. being ordered to attend and complete a program, may be identified for either failure to enroll in, or failure to successfully complete the program or for the successful completion of the program as ordered. The program shall notify the Court and VCPA in writing within five (5) days of any person who fails to enroll or complete the program. Notification shall be given if the program determines that the defendant is performing unsatisfactorily or if the defendant is not benefiting from the education, treatment, or counseling. (Penal Code § 1203.097) No victim shall be compelled to participate in a program or counseling 4. and no program may condition a defendant's enrollment on participation by the victim. (Penal Code § 1203.097) APPROVAL PROCESS: ٧. Application by Programs: Α. Each program seeking Court-mandated referrals shall apply, through the 1. use of a uniform document, to VCPA for approval. -7- <b>DV STANDARDS (01/29/04)</b> concurrent counseling for substance abuse and violent behavior and, in appropriate cases, detoxification and abstinence from the abused substance. (Penal Code § 1203.097) Individual counseling sessions: 4. Individual counseling sessions are not permitted under these a. standards. Individual sessions serve only to support the defendant's beliefs of uniquely different reasons for employing violence in the relationship and prevent the beneficial interaction of direction confrontation and education that occur in group sessions. Individual sessions shall not be credited toward the minimum b. attendance requirements mandated by the program or the Court. Facilitators/Educators and Staff: C. All program staff, including facilitators/educators and all staff who may 1. communicate with defendants and victims, shall, to the extent possible, have specific knowledge regarding, but not limited to, spousal abuse, child abuse, sexual abuse, substance abuse issues, the dynamics of violence and abuse, the law, and procedures of the legal system. (Penal Code § 1203.097 and 1203.098) Training requirements: 2. All program facilitators shall be required to complete the following a. requirements, pursuant to Penal Code § 1203.098, before being eligible to work as a facilitator in a batterers' intervention program: Forty hours of core-basic training. A minimum of 8 hours of 1) this instruction shall be provided by a shelter-based or shelter- approved trainer. The core curriculum shall include the following components: A minimum of 8 hours in basic domestic violence a) knowledge focusing on victim safety and the role of domestic violence shelters in a community-coordinated response. A minimum of 8 hours in multicultural, cross cultural, and b) multiethnic diversity and domestic violence. A minimum of 4 hours in substance abuse and domestic c) violence. -23- DV STANDARDS (01/29/04) A minimum of 4 hours in intake and assessment, d) including the history of violence and the nature of threats and substance abuse. A minimum of 8 hours in group content areas focusing on e) gender roles and socialization, the nature of violence, the dynamics of power and control, and the affects of abuse on children and others as required by Penal Code § 1203.097. A minimum of 4 hours in group facilitation. f) A minimum of 4 hours in domestic violence and the law, g) ethics, all requirements specified by VCPA pursuant to Penal Code § 1203.097, and the role of batterers' intervention programs in a coordinated-community response. Any person that provides documentation of coursework, h) or equivalent training, that he or she has satisfactorily completed, shall be exempt from that part of the training that was covered by the satisfactorily completed coursework. The coursework that this person performs shall count i) towards the continuing education requirement. Fifty-two weeks or no less than 104 hours in six months, as a 2) trainee in an approved batterers' intervention program with a minimum of a two-hour group each week. A training program shall include at least one of the following: experienced Cofacilitation internship in which an a) facilitator is present in the room during the group session. Observation by a trainer of the trainee conducting a b) group session via a one-way mirror. Observation by a trainer of the trainee conducting a c) group session via a video or audio tape. Consultation and/or supervision twice a week in a six- d) month program or once a week in a 52-week program. An experienced facilitator is one who has the following 3) qualifications: -24- DV STANDARDS (01/29/04) Documentation on file, approved by the Agency, a) evidencing that the experienced facilitator has the skills needed to provide quality supervision and training. Documented experience working with batterers for three b) years, and a minimum of two years working with batterers' groups. Documentation by January 1, 2003, of coursework or c) equivalent training that demonstrates satisfactory completion of the 40-hour basic-core training. A facilitator of a batterers' intervention program shall complete, as a b. minimum continuing education requirement, 16 hours annually of continuing education in either domestic violence or a related field with a minimum of 8 hours in domestic violence. A person or agency with a specific hardship may request VCPA, in C. writing, for an extension of time to complete the training or to complete alternative training options. An experienced facilitator, as defined in paragraph 3) of d. 1) subdivision a., is not subject to the supervision requirements of this section, if they meet the requirements of subparagraph c) of paragraph 3) of subdivision a. This section does not apply to a person who provides 2) batterers' treatment through a jail education program if the person in charge of that program determines that such person has adequate education or training in domestic violence or a related field. A person who satisfactorily completes the training requirements of e. a county probation department whose training program is equivalent to or exceeds the training requirements of this act shall be exempt from the training requirements of this section. Documentation for each facilitator shall be presented to VCPA with T. the program's application for referrals. Documentation shall be submitted within one month of hire for any facilitators who join the program after the approval process is completed. Experience requirements: 3. -25- <b>DV STANDARDS (01/29/04)</b> All program facilitators shall be required to present documentation a. demonstrating activity as a group session facilitator in a batterers' program. Each program shall have a minimum of one person in a supervisory b. position that has a minimum of one year of experience working with perpetrators of domestic violence. Continuing education requirements: 4. Program facilitators should participate in ongoing professional a. education specific to batterers' intervention programs. The content of the training should include such topic areas as: 1) current practice and research on the issue, gender analysis of domestic violence, sex role socialization as related to domestic violence, and current domestic violence law. Program facilitators should participate in training on racism, 2) sexism, homophobia, and disabilities and their impact on violent attitudes and behaviors. Program facilitators should participate in workshops or seminars b. presented by local domestic violence centers, or by State or national domestic violence coalitions. Documentation of training and education shall be maintained and presented to VCPA upon request. All program facilitators/educators shall meet the following standards: 5. must consistently act and facilitators Program staff and a. not perpetuate attitudes of racism, sexism, communicate to homophobia, economic discrimination, and victim blaming. Facilitators shall immediately notify VCPA when defendants have b. engaged in threatening or violent behavior to themselves or others, have become disruptive in the program, or have violated the terms of a restraining order. Facilitators shall immediately notify the victim and VCPA of any C. threats or threatening behavior requiring a warning under the Tarasoff decision. All warnings shall be clear and explicit regarding a possible life-threatening situation and shall include referral to a safe refuge. -26- DV STANDARDS (01/29/04) . • . . . . . - . .