Domestic Violence in Santa Cruz County: Have We Kept the Promise? Synopsis

CPVAW bylaws state that its goals include preventing domestic violence against women, providing quality services, and ensuring public awareness of domestic violence as well as programs to prevent sexual assault. Response: CPVAW PARTIALLY AGREES. By-laws state that amongst other things, CPVAW is required to develop a comprehensive plan for the prevention of rape and domestic violence in the City of Santa Cruz. There is no mention of “providing quality services”.

CPVAW pursues its preventative role through educational outreach.

There is an ongoing demand for CPVAW self-defense classes.

Grand Jury members observed that CPVAW meetings are well organized and productive. Response: The City of Santa Cruz AGREES. Response: CPVAW AGREES.

The CPVAW has posted a written mission statement, agendas, and minutes on the CPVAW web site.6 6. Terms on CPVAW are staggered so that no more than two commission seats expire at the end of a given year. Commissioners may not serve more than two consecutive terms. The commission bylaws mandate monthly meetings. Commissioners are allowed three absences with notification or two without notification per calendar year.

CPVAW’s membership and leadership terms are established to maintain energy and promote infusion of new ideas.

The Grand Jury conducted an informal survey of downtown business sites (identified by the Safe Place Network decal) that showed out of twelve employees at different business establishments, only six were aware of the network and how to respond to an incident. Only one employee offered a brochure. Several employees were completely unaware of what the sticker represented; some offered creative responses. Response: The City of Santa Cruz AGREES. Santa Cruz City Commission for the Prevention of Violence Against Women web site, http://www.ci.santa-cruz.ca.us/. Domestic Violence in Santa Cruz County: - 13 Response: CPVAW AGREES that some business establishments were unaware.

CPVAW provides information on domestic violence in Spanish both on its web site and in its pamphlets.

CPVAW has an annual budget of $70,000 that pays for a half-time administrative assistant, educational outreach, and instructors for self-defense classes. All CPVAW commissioners are volunteers. Response: CPVAW PARTIALLY DISAGREES. CPVAW staff position is a Commission Coordinator.

According to a CPVAW member, CPVAW “has had significant difficulty in obtaining District Attorney’s Office dispositions and updates.”7 Response: The Santa Cruz County District Attorney’s Office PARTIALLY AGREES. The District Attorney's Office investigative records and offenders' criminal histories are not public records. In addition, both offenders and victims have certain rights of privacy. Thus, information from our case files is not generally available to members of commissions or any other member of the public. However, information about case dispositions and other court actions can be obtained from the Superior Court. Thus, the same information that we obtain from the courts is directly accessible to others, including CPVAW.

The CPVAW report to the Santa Cruz City Council states that the rate of reported rape is higher in the City of Santa Cruz than comparative cities, counties, surrounding regions, and the State of California. The 2004 rate in Santa Cruz is 2.10 per 1,000 females while the rate in California is .53 per 1,000 females. Response: The City of Santa Cruz PARTIALLY AGREES. It is difficult to find comparison cities that adequately match the socioeconomic and general demographic breakdown of our locality. In addition, different cities have different policing philosophies that prioritize different elements of police work. The City of Santa Cruz Police Department is the only agency in Santa Cruz County that provides an in-house victim advocate. In addition, the City of Santa Cruz Police Department has placed a training and philosophical priority on issues pertaining to domestic violence and rape that allows for a more aggressive and broad criteria for sexual assault reporting. As such, variances in reported rape numbers, attributable to a multitude of confounding factors, are too complex to apply as a standard 7 Santa Cruz City Council Meeting Minutes, July 28, 1987. - 14 Domestic Violence in Santa Cruz County: comparison between localities. Response: CPVAW AGREES.

Santa Cruz City Police officials stated at the April 25, 2006, Santa Cruz City Council meeting that “the higher number of reported rapes may be due to more victims reporting such crimes and a new electronic reporting system started in 1999 that better captures crime statistics.”8 The SCPD officials did not have evidence supporting the reason for the increase. Response: The City of Santa Cruz PARTIALLY AGREES. The City of Santa Cruz Police Department implemented a new electronic reporting system, as stated at the April 25, 2006 Santa Cruz City Council meeting. It is statistically improbable that the increase in reported rapes, that coincided with the implementation of the new electronic system, is not at least partially attributable to the improved data collection system. Response: CPVAW AGREES that SCPD stated this but CPVAW DISAGREES with SCPD conclusions. The data analysis compared similar cities (tourist; beach; university). There is no reasonable basis for the conclusion that women in Santa Cruz are more inclined to report rape (as distinct from not inclined to report rape) than their counterparts in Berkeley for example. One would expect that the #’s of reported rapes and attempted rapes sent to the Federal government by SCPD, would be accurate and checked before sending, whether the crimes were recorded electronically or by hand. Only two sexual assault categories (rape and attempted rape) are sent to the Federal Uniform Crime Report.

One of the reasons the Santa Cruz City Council cited for denying the establishment of the Rape and Sexual Assault Task Force is that it has no jurisdiction to compel some of the potential members of the proposed task force, such as the Santa Cruz City Schools Superintendent, to participate in this project. Response: The City of Santa Cruz AGREES. Response: CPVAW: CPVAW AGREES that City Council took this action but DISAGREES that lack of ability to compel serving would make such a body inviable. The Commission felt that, 8 Santa Cruz Sentinel, “City works to increase rape awareness,” April 26, 2006. Domestic Violence in Santa Cruz County: - 15 with a formal invitation from the Mayor and Council, potential members would be honored to serve on the first-ever blue-ribbon task force on rape. DVC Findings 14. The DVC held a retreat in February 2006 to establish goals and revitalize the commission. Goals agreed upon at this retreat included: improving and reorganizing commission structure; evaluating and improving the annual report to the community, emphasizing the effectiveness of Batterers’ Intervention Programs; and providing the community with education about domestic violence. According to the Executive Summary of the DVC Retreat Preparation Questionnaire Report, “The members’ issues and concerns in 2006 are strikingly similar to the ones reported in 2002.”9 15. The goals of the DVC and its subcommittees vary from year-to-year depending on the interests of the chair and the membership. Response: The Santa Cruz County Board of Supervisors: The County notes that Section 2.118.050 of the County Code lists the following powers and duties of the commission: The domestic violence commission shall exercise the following responsibilities in its efforts to decrease incidents of family violence: A. Help increase coordination between agencies, departments and the courts, and with victims of domestic violence and abuse; B. Promote effective and accessible education, prevention, intervention and treatment techniques which will be developed based upon research and data collection; and C. Seek to improve the response to domestic violence and abuse so as to reduce incidents of domestic violence; and D. Examine issues relating to domestic violence and made recommendations in regard to administrative and legislative action to be taken by the board of supervisors; E. Establish a committee from among its membership, with the addition of a representative of the office of the Santa Cruz County counsel, as specified by Penal Code Section 853.6(a), to develop protocols for use by law enforcement officers and recommend the adoption of said protocols to the board of supervisors. (Ord. 4329 § 1 (part), 1994) 9 Archer, Kay Bowden, “Santa Cruz County Domestic Violence Commission, 2006 Retreat Preparation Questionnaire Report,” February 2006. - 16 Domestic Violence in Santa Cruz County: Response: The Domestic Violence Commission AGREES. The goals of the Commission vary depending upon what matters of concern or interest are brought to the attention of the Commission by members of the public, and by the Commission members themselves. Public comment is welcomed at each meeting. Actual membership is to be representative of all constituent groups, that is, advocacy agencies, law enforcement agencies, the District Attorney’s office, Health and Human Services, the Courts, health care, Probation, county Department of Education, and batterer intervention programs.

Because the DVC has no budget for publishing its annual report, valuable volunteer time is lost by having to solicit funds.

The DVC’s mandated responsibilities are not routinely addressed. DVC meetings with the required quorum are not frequent enough to conduct the work of the commission. Comparison of concerns stated at the two DVC Retreats (2002 and 2006) shows that these issues have not been adequately addressed. Evaluating Batterers’ Intervention Programs has been a DVC goal for several years.

The DVC produces an annual report for the Board of Supervisors that highlights activities, accomplishments, and future goals. The 2003-2004 report was not approved as of October 12, 2005 due to lack of quorum in meetings.

The annual report by the DVC to the Board of Supervisors is not on the DVC web site. DVC operating subcommittees are not identified on the web site, and their reports, if they exist, are not included in DVC minutes. The DVC web site does not include a full set of DVC agendas and minutes. Response: The Santa Cruz County Board of Supervisors AGREES.

The Domestic Violence Commission Annual Report to the Community includes information and statistics on advocacy groups, rate of child witness to domestic violence, law enforcement, District Attorney filings, and court protective orders. Response: The Santa Cruz County Board of Supervisors PARTIALLY AGREES. The “Report to the Community” provides statistics and analysis of information compiled from advocacy groups, the District Attorney’s Victim Witness program, law enforcement agencies, the District Attorney, the Civil Division of the Courts, the Human Resources Agency, Child Protective Services Division (child witness of domestic violence), the Probation Department and domestic violence intervention agencies (batterers programs). In 2007, the Commission hopes to obtain information from Courts Criminal Division. Response: The Domestic Violence Commission PARTIALLY AGREES. The “Report to the Community” provides statistics and analysis of information compiled from advocacy groups, the DA Victim Witness program, law enforcement agencies, District Attorney, the Courts – Civil Division, the Human Resources Agency, Child Protective Services Division (child witness of domestic violence), the Probation Department and domestic violence intervention agencies (batterers programs). In 2007, the Commission hopes to obtain information from Courts – Criminal Division. The Commission will also be exploring using this information in a different format. We discuss this further below. Domestic Violence in Santa Cruz County: - 17 In addition, the Report to the Community has sought to analyze the information and outcomes gathered from all sources, with the goal of using this information to decrease domestic violence in Santa Cruz County.

The DVC web site and annual report to the community are not translated into Spanish. Response: The Santa Cruz County Board of Supervisors AGREES. Response: The Domestic Violence Commission AGREES.

The DVC has no budget. Staff has been provided by the organization to which the chair belongs. Printing of the annual reports has been paid for by a variety of sources: the Sheriff’s Department, the District Attorney’s Office, and the Community Foundation. The DVC is seeking donations to print the 2004-2005 report to be released in Spring or Summer 2006. Response: The Santa Cruz County Board of Supervisors AGREES. The operations of all County commissions are funded through departmental budgets. Response: The Domestic Violence Commission AGREES. The DVC has no budget. For the first time ever, the Board allocated $1,500 to the District Attorney’s Office budget during its 2006/2007 budget hearing specifically this year for the Report to the Community 2006. While not a “budget”, this allocation to cover printing costs for our Report to the Community is now permanent and ongoing. Additionally, and while this is also not a “budget”, per County Ordinance, the District Attorney’s Office, at their cost in overtime, shall provide staff support and clerical services to the Commission (Ord. 4329 § 1(part), 1994). Member organizations make donations through their member-staff, usually of supplies or services. Printing the Report to the Community 2003-2005 has historically been funded through a variety of funding sources.

Grand Jury members have observed that agendas are not followed and reports from subcommittees were not made at DVC meetings, and action items were not tracked from meeting to meeting. The meetings also lack member attendance and participation. Response: The Santa Cruz County Board of Supervisors PARTIALLY AGREES. The Commission observed the agendas for each meeting, deferring action items to the next agenda whenever there was not a quorum. - 18 Domestic Violence in Santa Cruz County: In 2001, ten of ten meetings had quorums; in 2002, eight of ten meetings had quorums; in 2003, five of seven meetings had quorums; and in 2005, four of seven meetings had quorums. Response: The Domestic Violence Commission PARTIALLY DISAGREES. Agendas for the Commission meetings are observed during each meeting, and followed item by item. On occasion the Chair has made adjustments to the agenda in order to facilitate the meeting. Minutes are generated at and after each meeting. For those meetings where there was not quorum, agenda items requiring action were deferred until the next meeting. In 2001, ten of ten meetings had quorums, in 2002, eight of ten meetings had quorums, in 2003, five of seven meetings had quorums, in 2004, five of seven meetings had quorums and in 2005, 4 of seven meetings had quorums. The lack of member attendance and participation is a continueing problem, as well as the number of vacancies. The DVC further understands this finding as a statement about how easy or difficult it is to follow our proceedings, and will seek to make each meeting’s progress more clear.

DVC meeting requirements are set by the bylaws of the DVC that state meetings are to be held monthly. Response: The Santa Cruz County Board of Supervisors PARTIALLY AGREES. County Code 2.38.130 requires all commissions to hold regular meetings, the time and place for which are to be determined by a majority of members, as specified in the bylaws and approved by the Board of Supervisors. The current bylaws of the Commission state that “Regular meetings of the commission should be held quarterly.” Currently, the Commission meets more frequently than quarterly. Response: The Domestic Violence Commission PARTIALLY AGREES. The Board of Supervisors by County Ordinance establishes DVC meeting requirements. The bylaws restate the requirements established by County Ordinance. The DVC may propose changes to the meeting requirements in the County Ordinance as well as their bylaws to the Board of Supervisors for their review and approval. The most current bylaws approved for the DVC state “Regular meetings of the Commission should be held quarterly.” At the present time, we hold meetings more frequently than quarterly.

On February 11, 2004, the DVC approved a motion to hold six and not twelve meetings per year. Three were to be held in Watsonville. Some commissioners Domestic Violence in Santa Cruz County: - 19 expressed concern that the reduction would impact the work of the commission.10 Response: The Santa Cruz County Board of Supervisors AGREES but notes that the footnote is incorrect. The concerns noted in the footnote are reflected in the February meeting minutes rather than in the October minutes. Response: The Domestic Violence Commission AGREES. On February 11, 2004, the DVC approved a motion to meet six times per year with three of the meetings to be held in Watsonville. The awards night banquet was to be held in addition to the six meetings. It is our goal to conduct the actual work of the Commission in subcommittees and task forces, not in the regular meeting times. The regular meeting times are for such small groups to make reports, and for major actions to be voted upon. We decided to hold fewer than 12 meetings per year, but more than 4, so that this goal could be met. The footnote to this Finding is incorrect, as the Minutes to October 12, 2005 do not reflect this discussion, but the February meeting minutes do.

The DVC minutes of March 9, 2005, state, “a quorum consists of one person more than one-half of the appointed members (i.e., fourteen members). An absence policy states that if a member is absent from three consecutive regular meetings without good cause, he or she could be removed from the commission. Response: The Santa Cruz County Board of Supervisors PARTIALLY AGREES. On March 9, 2005, the DVC minutes in agenda item 7A state that “a quorum consists of one person more than one-half of the appointed members (i.e. fourteen members)”. This statement is a reiteration of the Commission’s bylaws and the County Ordinance 2.118 that established the Commission. When all of the DVC’s seats are filled, the DVC’s quorum is 14. However, number of vacant seats has ranged from 1 to 5 vacancies, so the number of members present to establish a quorum has varied from 12 to 14. The Domestic Violence Commission Bylaws filed on 6/20/95 states, “Any Commission or Committee member may be removed from office by a four-fifths vote of the Board of Supervisors favoring such removal. The absence of any member from three consecutive regular meetings without good cause shall require the question of removal of that member to be placed on the agenda of the next regularly scheduled meeting. Written notice of this agenda item shall be given by the Executive Officer to 10 Santa Cruz County Domestic Violence Commission, Minutes, October 12, 2005. - 20 Domestic Violence in Santa Cruz County: the member and the organization of government or government office the member represents. Removal of a Commission member shall be by a majority vote of eligible voting Commission members.” Response: The Domestic Violence Commission AGREES with the following clarification: When all of the DVC’s seats are filled, the DVC’s quorum is 14. The Commission has not had a full appointment of Commissioners for quite some time. Until recently, the Commission has had as many as 8 vacancies, making the quorum 12 or 13, not 14. The quorum depends upon the number of actual appointed Commissioners. In March of 2005, we had five vacancies, with two additional resignations pending. There was also some discussion about the number of Commission seats available, as Women’s Crisis Support and Defensa de Mujeres had held separate seats, and then the agency merged.

DVC meetings in which a quorum was present are represented below: YEAR QUORUM NUMBER OF MEETINGS 2001 10 10 200211 10 8 200312 10 7 2004 7 4 2005 7 5 Table 1: Domestic Violence Commission Quorum Meeting Record. Response: The Santa Cruz County Board of Supervisors PARTIALLY AGREES. According to the County’s records, the Commission met 7 times in 2003, and a quorum was present at 5 meetings in 2003 and 2004. Response: The Domestic Violence Commission PARTIALLY AGREES. The Domestic Violence Commission partially agrees with this finding. Attendance and participation are a continuing issue. It is hoped that new energy and 11 Two sets of minutes missing in 2002. One set of minutes missing in 2003. Domestic Violence in Santa Cruz County: - 21 membership will occur naturally in April of 2007 when some portion of the members’ terms expire, and that the now-vacant seats will be filled. Below summarizes the number of meetings and the number of meetings in which there was a quorum. This information was obtained from a review of the 2001, 2002, 2003 and 2004 Annual Report to the Board of Supervisors and agendas and minutes of DVC meetings. Year Number of Meetings Quorums 2001 10 10 2002 10 8 2003 7 5 2004 7 5 2005 7 4 26. The DVC chair and vice chair are elected to one-year terms beginning in April. However, there has been no scheduled meeting in April for the past three years. Response: The Santa Cruz County Board of Supervisors AGREES. Response: The Domestic Violence Commission AGREES.

CPVAW is to be commended for providing information on domestic violence in Spanish. Response: The City of Santa Cruz: Domestic Violence in Santa Cruz County: - 25 The recommendation has been implemented. Response: CPVAW: The Grand Jury’s recommendation has been implemented. Thank you. CPVAW also has produced a Spanish version of resource card for the Safe Place Network and has an on-going commitment to provide materials in Spanish.

For the past three years, the DVC has had no latino or gay/lesbian/transgender representatives. Three vacancies on the DVC have been open since January 2005. Response: The Santa Cruz County Board of Supervisors AGREES. Response: The Domestic Violence Commission AGREES. Considerable time, efforts and energy on the part of the Commission members have been made to find other persons who could volunteer for the vacant seats. In fact, the Commission has spent many meetings in 2004 and 2005 discussing this problem, as our Minutes reflect.

In November 2005, the DVC had existing subcommittees composed of a commissioner chair and private citizens who may or may not have been members of the DVC. At its February 2006 retreat, subcommittees were formulated consisting solely of commission members. Response: The Santa Cruz County Board of Supervisors PARTIALLY AGREES. - 22 Domestic Violence in Santa Cruz County: The Domestic Violence Commission has an Executive Committee composed of the Chair, Vice Chair and two or three other Commissioners. No committee is limited to only member participants. At the commission’s February 2006 retreat, subcommittees were formed consisting of both members and non-member participants. Response: The Domestic Violence Commission PARTIALLY AGREES. The Domestic Violence Commission has an Executive Committee composed of the Chair, Vice Chair and two or three other Commissioners. No Committee is limited to only Member participants. At our February 2006 retreat, subcommittees were formed and consisted of Members and non-member participants.

Subcommittees reported on their activities at DVC meetings from 2001 until 2004. The minutes of 2004 and 2005 do not reflect subcommittee action. Response: The Santa Cruz County Board of Supervisors AGREES. Response: The Domestic Violence Commission AGREES. CPVAW Conclusions 1. According to its bylaws, CPVAW’s stated focus is on both sexual assault and domestic violence; however, current focus seems to be primarily on sexual assault.

The DVC should establish clear and focused goals and strategies at the beginning of each year and submit them to the Board of Supervisors annually. These goals and objectives should be published on the DVC web site. Response: The Santa Cruz County Board of Supervisors AGREES. The County understands that the commission is taking steps to implement this recommendation. Response: The Domestic Violence Commission: The DVC is presently implementing this recommendation. At the beginning of 2006, the Commission established goals for the year, and created subcommittees with specific time lines for meeting those goals. The Executive Committee plans to conduct a retreat on an annual basis, to continually re-establish new goals and objectives that will conform to the changing realities of the community. While the Commission acknowledges that, as the processes of the 2006 retreat are developed, and that the goals and timelines may change, we are committed to continuing with our Retreat goals. The Executive Committee is also planning on publishing its Annual Report to the Board online, and Domestic Violence in Santa Cruz County: - 27 is implementing this at this time. Our new website, with updated information, will be ready by the end of 2006.

The Board of Supervisors should hold established commissions responsible for achieving goals and objectives and for following their bylaws. Response: The Santa Cruz County Board of Supervisors: This recommendation has been implemented. All commissions are responsible for achieving goals and objectives and for following their bylaws.

The DVC should post the annual report to the Board of Supervisors on the county web site along with goals, agendas, and minutes. The DVC should base its annual report to the Board of Supervisors on the achievement of previously stated goals. The web site should be updated with these items in a timely manner. Response: The Santa Cruz County Board of Supervisors: This recommendation will be implemented. The commission plans to submit the 2005 Annual Report to the Board of Supervisors in September 2006 and the 2006 annual Report in February 2007. The Annual Reports will be placed on the commission’s web page. Response: The Domestic Violence Commission: The DVC is presently implementing this goal. It is anticipated that The 2005 Annual Report to the Board of Supervisors will be submitted to the Board in September 2006 and The 2006 Annual Report to the Board of Supervisors will be submitted in February 2007. The web site will be updated as of 9/1/06. The web site includes: • Agendas & Minutes of the Commission from 2001 to the present. • Agendas & Minutes of some committees from 2001 to the present. • The Annual Reports to the Board of Supervisors from 2000 to 2004. • The Report to the Community from 2003 to 2005. • Information about the Commission: • Overview • Mission Statement • Contacts • Vacancies • Position Statements • List of Committees o Charter o Membership o Meeting dates, times and places - 28 Domestic Violence in Santa Cruz County: • Ordinance establishing the Commission • Bylaws • Brown Act information • Open Meeting Act information • Protocols • Domestic Violence Awareness Month Activities • Links 34. The DVC should continue to publish the annual Domestic Violence Commission Report to the Community. The 2005-2006 Grand Jury Final Report is a beginning step in evaluating batterers’ intervention programs. The DVC can build on this research to evaluate batterer accountability throughout the legal system. In addition, the report should identify cities making felony and misdemeanor arrests as does the 2003 report rather than just giving totals for the county. Response: The Santa Cruz County Board of Supervisors: This recommendation will be implemented. The DVC is in the process of an in-depth evaluation of the efficacy of batterer’s intervention programs. The Commission hopes to complete its evaluation by April 2007. In the “Report to the Community 2006”, DVC will identify the cities making felony and misdemeanor arrests as in the 2003 report. Response: The Domestic Violence Commission: This recommendation requires further analysis. Implementation at this time has the following limitations. The Commission is a volunteer organization, composed of an unwieldy number of individuals already burdened with important anti-violence work. The DVC has had many difficulties over the past 18 months in achieving full attendance and participation. To date, DVC members have engaged in tremendous collaborative efforts to publish this report, without any regular, ongoing financial support. The Annual Report, while a worthy report, is an enormous undertaking for our volunteers working in a volunteer capacity. Considering the funding difficulties, not limited to only the publishing of the report, but creating and editing questionnaires, gathering and organizing the data, requesting or composing summaries of the information, and putting it into a printable format, the DVC must consider other methods of getting the message out to the community. The CAP report, an ongoing, well-funded and widely distributed project of the Community Foundation, is a well-written, thorough report addressing crime, violence, sexual assault, and domestic violence in our county. For several years running, the CAP report has requested the assistance of one or more members of the DVC to assist in reviewing and analyzing data. Last year the public defender, Larry Domestic Violence in Santa Cruz County: - 29 Biggam, and this year the Chair, Heidi Simonson, were called upon to assess the public safety findings. Our Community Efficacy Task Force will make use of the Grand Jury’s report in its work evaluating Batterer’s Treatment programs over the next year.

The Board of Supervisors should guarantee funding for the annual DVC report to the community. Response: The Santa Cruz County Board of Supervisors: This recommendation has been implemented for 2006-07. Funds were included in the District Attorney’s budget to pay for the printing of the “Report to the Community 2006.” 36. Domestic violence advisory groups should make sure their literature is in both Spanish and English. Response: The Santa Cruz County Board of Supervisors: This recommendation requires further analysis on the part of the DVC. At present, the commission does not have or is unaware of available resources to translate the website and public postings into Spanish. Additionally, while the DVC looked into translating the “Report to the Community”, funds were not available to do so. The DVC does commit to continue to seek resources for this important recommendation. Response: The Domestic Violence Commission: The DVC would like to implement this recommendation, but has no funding to do so. This recommendation cannot be implemented without such funding. The DVC will continue to ask for member organizations or the Board of Supervisors for resources to implement this important recommendation.

Individual members of the DVC should insist on compliance with bylaws concerning monthly meetings and attendance. With established goals and productivity as the highest concern, bylaws could be amended if necessary. Response: The Santa Cruz County Board of Supervisors: The County supports this recommendation and requires all commission members to comply with the commission’s bylaws. Response: The Domestic Violence Commission: The DVC will not be implementing the first part of this recommendation for the following reasons. - 30 Domestic Violence in Santa Cruz County: Our present Bylaws require quarterly meetings. Nevertheless, we are presently meeting more frequently, as indicated above. In June, the DVC appointed a small task force to review and revise the Bylaws, and present them to the Commission as a whole for review and comment. The DVC intends to present amended Bylaws to the Board for their review before the end of 2006. Our group of volunteer members is large. Our attendance is low, and many members have been reappointed numerous times. There have been as many as 8 vacancies in the past two years, presently there are three. Removing members for lack of attendance we consider a poor method of encouraging participation, but we have implemented it once this year.

The DVC should consider changing its bylaws to shorten and stagger terms of office to infuse the DVC with fresh ideas and energy. Response: The Santa Cruz County Board of Supervisors: The County supports this recommendation and defers to the commission to implement it. The commission has appointed a task force to propose amendments, and one of their proposals is to shorten terms to three years in length, and to add a provision that no member shall be eligible to serve for more than two terms. The commission anticipates submitting recommended changes to the Board for review and approval by the end of 2006. Response: The Domestic Violence Commission: The DVC is implementing this recommendation. We are in the process of reviewing our Bylaws, a process started earlier this year. Shortening and staggering the terms of office will be considered as a portion of the entire bylaw review process. The DVC wholly agrees that fresh ideas and energy are needed. As indicated above, we have appointed a task force to propose amendments, and one of their proposals is to shorten terms to three years in length, and to add a provision that no member shall be eligible to serve for more than two terms. We anticipate presenting the proposed Bylaws to the Commission, and thereafter the Board by the end of 2006. After the amended bylaws are approved by the DVC, they must be submitted to the Board of Supervisors for their review and approval. We would appreciate from the Board any and all efforts to fill vacancies.

The DVC should consider re-establishing an executive committee and identifying these members on the DVC web site. It should also consider increasing the number of Domestic Violence in Santa Cruz County: - 31 officers to share responsibilities. Response: The Santa Cruz County Board of Supervisors: This recommendation has been implemented. The DVC has an Executive Committee, which was re-elected in June of 2006 and consists of the Chair, Vice-Chair and two to three at-large commissioners. The DVC has already drafted a revised website for the DVC which includes reference to all current committees, including the Executive Committee, and each committee’s members. The DVC anticipates the new website with this information will be available within 30 days, after review by the Commission as a whole. Response: The Domestic Violence Commission: This recommendation has already been implemented. The DVC already has an Executive Committee, which was re-elected in June of 2006. The Executive Committee is composed of the Chair, Vice-Chair and two to three at- large commissioners. The DVC has already drafted a revised website for the DVC which includes reference to all current committees, including the Executive Committee, and each committee’s members. The DVC anticipates the new website with this information will be available within 30-60 days, after review by the Commission as a whole.

The DVC should fill its vacancies and remedy the attendance problem. Response: The Santa Cruz County Board of Supervisors: The DVC is implementing this recommendation. Members of the commission are appointed by the Board of Supervisors from applicants. Each member of the commission has actively sought volunteers willing to apply to the Board for membership, especially for the at-large seats, without success. The County’s website provides information on applying for vacant Commission spots and the DVC’s new website will post the vacancies available. Response: The Domestic Violence Commission: The DVC cannot implement this recommendation. Membership is controlled by the Board of Supervisors. The DVC may recommend persons to the Board for its vacancies, but it is the Board’s duty to fill our vacancies. Review of our Minutes will reflect how much each member has actively sought volunteers willing to apply to the Board for membership for (in particular) the at-large seats, without success. Our meeting Minutes from the end of 2004 and January 2005 forward reflect the Commission’s discussions of and attempts to remedy this problem. - 32 Domestic Violence in Santa Cruz County: The DVC’s new website will also post the vacancies available. The County’s website also provides information on applying for vacant Commission spots. The DVC is committed to regular retreats in order to focus and galvanize the present membership, and remedy the attendance problem. The DVC has also recently removed a non-attending member, and notified the Board of the vacancy.

The DVC should consider amending its bylaws to increase the chair’s term of office. Response: The Santa Cruz County Board of Supervisors: This recommendation will be implemented. The DVC will review the length of the term of office of the Chair as a part of its overall review of the bylaws as stated in the response to recommendation 16. Response: The Domestic Violence Commission: The DVC is implementing this recommendation. The DVC will review the length of the term of office of the Chair as a part of its overall review of the bylaws as stated in the response to recommendation 16.

The DVC should develop an orientation process for new members. Response: The Santa Cruz County Board of Supervisors: This recommendation requires additional analysis. The DVC will place this recommendation on its agenda before the end of 2006, and request the formation of a short term task force to develop an orientation process. Response: The Domestic Violence Commission: The DVC will implement this recommendation. Implementation will require further time to develop either a simplified mentoring program or a new-member notebook with orienting materials. The DVC will place this recommendation on its agenda before the end of 2006, and request the formation of a task force for a short term, to develop an orientation.

The DVC should require each member to give an annual presentation on the organization he or she represents to update the commission as a whole. Response: The Santa Cruz County Board of Supervisors: This recommendation requires additional analysis. The County defers to commission members to determine whether such presentations would be a valuable use of the commission’s time. Response: The Domestic Violence Commission: Domestic Violence in Santa Cruz County: - 33 The DVC will implement this recommendation with some amendments. The Commission changed the format of our meetings in 2005, eliminating member presentations. At that time, members requested shortened meetings, as our attendance declined. The previous presentations ceased approximately one year ago, and currently consist only of introductions and communications from Commissioners. At this time, this recommendation can be implemented by November 2006, although our intent is to request two members per meeting provide “guided” reports on their organizations goals or direction as it relates to domestic violence.

Individual members of the DVC should take full advantage of networking opportunities to collaborate, problem solve, and determine whether unaddressed needs of survivors exist. Response: The Santa Cruz County Board of Supervisors: The County supports this recommendation and encourages commission members to implement it. Response: The Domestic Violence Commission: The DVC has already implemented this recommendation, by including an agenda item at the beginning of each meeting to provide time for this to occur. The Executive Committee approved earlier this year adding “networking time” to the beginning of the meeting. The Chair actively supports this at our meetings. Each member has been provided these recommendations, and hard copies will be made available at our next meeting.

The DVC should include information about its subcommittees on the county web site. It should also include progress reports on projects. Response: The Santa Cruz County Board of Supervisors: This recommendation will be implemented. Response: The Domestic Violence Commission: This recommendation is currently being implemented. The DVC, without a budget, relies upon the CAO’s office for technical assistance in producing, editing and posting our website. The CAO’s office has recently completely revamped our website, and the DVC will be reviewing it within approximately 30 days.

DVC volunteers are to be commended for increasing awareness of domestic violence in Santa Cruz County. Response: The Santa Cruz County Board of Supervisors: - 34 Domestic Violence in Santa Cruz County: The County concurs with the Grand Jury’s appreciation of commission members. Response: The Domestic Violence Commission: The DVC has implemented this recommendation, and further appreciates the commendation! We appreciate the work of the Grand Jury’s Health and Human Services Committee and their investigation, findings and recommendations. Domestic Violence in Santa Cruz County: - 35 Responses required Entities Findings Recommendations Respond Within Santa Cruz County 17 - 18, 23 - 10 - 13 60 Days Board of 26 (September 1, 2006) Supervisors Santa Cruz City 4, 7, 11 - 13 1 - 5 60 Days Council (September 1, 2006) Santa Cruz County 15, 18 - 30 8 - 9, 11 - 12, 14 - 24 90 Days Domestic Violence (October 1, 2006) Commission Santa Cruz City 4, 7, 11 - 13 1 - 5 90 Days Commission for the (October 1, 2006) Prevention of Violence Against Women District Attorney’s 10 6 60 Days Office (September 1, 2006) - 36 Domestic Violence in Santa Cruz County: This page intentionally left blank. Domestic Violence in Santa Cruz County: - 37 Shallow Pockets, Deep Needs: Funding An appropriate quote from the Community Foundation of Santa Cruz County’s recent 2005 Nonprofit Landscape Study offers a reflective thought in regard to funding of service providers, in general, and for the purposes of this report, to domestic violence service providers. “Providing nonprofits with the technical, financial and volunteer support necessary to help them thrive is ultimately in the best interest of all Santa Cruz County residents.”13 Background Organizations providing services related to domestic violence are funded through federal, state, and local grants, private donors, and charitable distributions. Of all the service providing agencies related to domestic violence that were reviewed by the Santa Cruz County Grand Jury, most were among the nonprofit sector, two were for profit, and one was self-sustaining with little or no funds. The Santa Cruz County Human Resource Agency (HRA) subcontracts with at least sixty Health and Human Services nonprofits to provide a wide range of social services within the county. The Health Services Agency (HSA) funds health-related nonprofits that provide drug and alcohol abuse programs. Funding for these agencies comes from county, federal, and state funding sources. Additional monies from a fee on marriage licenses and from the Probation Department are allocated to domestic violence-related programs in the county. At present, no single-source document identifies the total funding of nonprofits in the county by service provider, the granting agency that allocates funds to their organization, and the mix of public and private monies from various sources. Contracts with nonprofits totaled over six million dollars in fiscal year 2004-2005.14 Because there is no single-source document, the Grand Jury was unable to determine the percentage of funds specifically allocated to domestic violence service providers. Decisions to allocate county funds are made by the Board of Supervisors and are based on recommendations of budget analysts, department directors, and oversight boards. In this time of budget constraints, legitimate concerns are raised regarding the cost of duplicated services and administrative costs. The recent administrative consolidation (1999) and subsequent merger (2005) of Defensa de Mujeres and Women’s Crisis Support provides an example of potential budget efficiency (economy of scale). “In contrast to other California counties that have experienced a slow down in nonprofit growth, [the number of] Santa Cruz County nonprofits have continued to grow by forty- 13The Community Foundation of Santa Cruz County, 2005 Santa Cruz County Nonprofit Landscape Study. 14The Community Foundation of Santa Cruz County, 2005 Santa Cruz County Nonprofit Landscape Study. - 38 Domestic Violence in Santa Cruz County: five percent in the last fifteen years; fifteen percent in the last five years.”15 Consequently, those making funding allocation decisions must consider many more organizations than previously. The nonprofit funding environment is limited and competitive in Santa Cruz County. Currently, only two local charitable organizations, the United Way and the Community Foundation of Santa Cruz County, fund the growth or creative projects, such as a pilot project or new materials, of domestic violence service providers beyond their established funding base. Contributions from local charities and individual contributions represent a minimal percentage of an organization’s total operating budget. Consequently, reliance on federal, state, and local funding sources becomes central to maintaining a core operational budget.16 With salaries often higher for comparable positions in nearby larger cities, many organizations rely on the passion and compassion of individuals dedicated to a particular cause. Based on a recent study of nonprofits in Santa Cruz County by the Community Foundation of Santa Cruz County, “one-third of nonprofits operate with an annual budget of less than $50,000; half with two or fewer staff members, and nearly one-third rely on an all volunteer workforce.”17 Establishing a diverse funding base through fund raising, grant writing, and development of marketing and solicitation materials requires staff, time, energy, and specific skill sets. The Grand Jury has deduced that young organizations with less staff, visibility, and minimal strategic short- and long-term goals often flounder and struggle for years before becoming established or disappearing altogether. One such organization, offering a unique service, ceased operation within the past year. The majority of organizations reviewed in this report relies heavily on volunteers within the community to support and implement organizational goals. Core funding of nonprofit organizations related to domestic violence is established through federal and state grants, service contracts with local government, and private donations. Additional monies could be obtained from two local charitable, funding organizations, the United Way of Santa Cruz County and the Community Foundation of Santa Cruz County. An assessment of these sources follows. United Way Findings 47. The Executive Director of United Way has held the position for fourteen years. The organizational structure includes a board of trustees and decision-making committees. A mission statement exists and a recently adopted Fund Distribution Plan document details the process for funding. 15The Community Foundation of Santa Cruz County, 2005 Santa Cruz County Nonprofit Landscape Study. 16The Community Foundation of Santa Cruz County, 2005 Santa Cruz County Nonprofit Landscape Study. 17The Community Foundation of Santa Cruz County, 2005 Santa Cruz County Nonprofit Landscape Study. Domestic Violence in Santa Cruz County: - 39 48. United Way has sixteen staff members, half of whom are First Five employees. United Way also staffs the Children’s Network.

United Way raises approximately $1.3 million per year through local agencies, employers, businesses, and corporate and private donors.

Consideration for initial funding by United Way must meet criteria in one of five funding areas: Youth, Disabled, Homeless Families, Healthy Families, and Elders.

In addition to the established funding areas, three United Way initiatives currently underway are: Go for Health, Together for Youth, and Success by Six.

An extensive application for funding by United Way must be submitted. The application process is coordinated by the Human Resource Agency and can be shared with and utilized by other city and county funding sources.

The United Way currently funds thirty-three organizations, each for a three-year cycle.

The Walnut Avenue Women’s Center Support Groups have been funded by United Way for the past three years.

A designated United Way committee determines if funding for an agency will be renewed for an additional three-year cycle. Response: United Way AGREES.

Individual donors can designate monies to the United Way general fund, to one of the thirty-three agencies selected for funding, or to any other agency in the community.

A scheduled one-hour, on-site evaluation of United Way-funded agencies occurs each year by an evaluation team. The evaluation team consists of one United Way employee and three or four volunteer community members who have received a two- hour training. The evaluation form used by the team is thorough in scope. Some volunteer evaluators have served for many years. Response: United Way AGREES.

United Way plays a directive and contributory role in the development and annual distribution of the Community Assessment Project (CAP). The CAP has been produced for eleven years and provides access to trended data related to many social issues of concern to various members of the community. Community Foundation of Santa Cruz County Findings 59. The Community Foundation of Santa Cruz County was established in 1982. The current Executive Director has been in the position for ten years. An eighteen- member volunteer board of directors actively guides a staff of 9.3 employees all of whom have nonprofit experience. - 40 Domestic Violence in Santa Cruz County: 60. The Community Foundation recently participated in a study of time/cost analysis to streamline its operations and guide strategic planning.

Web site and marketing materials for Community Foundation are current and thorough.

The Community Foundation of Santa Cruz County funds nonprofit organizations or agencies designated by donors.

The range of total funds distributed annually by Community Foundation is $500,000 - $4,000,000 depending on monies earned, raised, or received that year.

Annual distributions by Community Foundation for all selected competitive grants range from $500,000 - $770,000.

Funding sources for the Community Foundation include investments, donors, partnerships, and fundraising.

The Community Foundation maintains seven fields of interest in which to receive and disburse monies: Arts and Humanities, Community Development, Education, Environment, Health, Historic Preservation, and Human Services.

Funds are disbursed by Community Foundation to local nonprofits based on grant application or donor-advised funds.

Community Foundation funding for 2003 to domestic violence-related service providers included Walnut Avenue Women’s Center, Women’s Crisis Support- Defensa de Mujeres, and Familia Center.

Community Foundation funding for 2004 and 2005 to domestic violence-related service providers included Walnut Avenue Women’s Center, Defensa de Mujeres, and Women’s Crisis Support.

There is an annual competitive application process for Community Foundation grant funds.

After receiving grant funds from the Community Foundation, an agency must wait for three years before submitting another grant application. However, some agencies receive annual distributions from donor-advised funds.

Community Foundation staff evaluate the expenditure of distributed funds through site visits and mid-term and final reports. On occasion, site visits are made prior to funding.

Other programs and services of benefit to the community offered through the Community Foundation include: • management training workshops; • grant application workshops; • a CD-ROM data base of other funding foundations; • a board match program to assist nonprofits in finding board members; • estate planning; and Domestic Violence in Santa Cruz County: - 41 • a list of nonprofits and their purposes to assist donors in making their contribution decision.

The Community Foundation underwrote a study of local nonprofits in 1999 and 2005 to assess the local nonprofit landscape.

There is no single-source document that identifies the budgets of domestic violence- related agencies in Santa Cruz County. Response: The Santa Cruz County Board of Supervisors AGREES.

Representatives of the United Way and Community Foundation of Santa Cruz County expressed concern regarding the duplication of services within the county and subsequent duplicated administrative costs. Response: United Way PARTIALLY AGREES. Because most community based health and human services have long waiting lists for client services we are not concerned about duplication of services within the county. We do think however that some economies of scale could be achieved if several small non-profit agencies merged to share administrative services and costs. Conclusions 77. Leadership in both organizations is stable.

Leadership in both organizations is stable.

Both organizations are well entrenched within the community, are efficiently run, and provide valuable services to the community.

Both organizations maintain a degree of transparency with information readily available through current web site access, printed materials, and media exposure.

Many grass roots service agencies in the county rely on yearly funding from United Way. However, it is difficult for a new organization to become one of the thirty-three organizations selected for annual funding.

Since funding by United Way is for a three-year cycle, it is important that evaluations yield accurate information. Scheduled one-hour site evaluations may not provide an accurate assessment.

The Community Foundation provides an important source of financial assistance to local, stable, 501(c) 3 nonprofits seeking funds for specific projects. It is difficult for young organizations or established non-501 (c) 3 agencies that have no funding source, such as Battered Women’s Task Force, to receive small grant consideration.

The United Way produces the annual Community Assessment Project (CAP) that provides a broad range of trended and comparative data for the community. In relation to this Grand Jury report, the areas of crime and domestic violence are of import. It is a valuable resource for county organizations and residents. - 42 Domestic Violence in Santa Cruz County:

The 2005 Santa Cruz County Nonprofit Landscape study underwritten by the Community Foundation is a valuable point-in-time resource that serves the community.

The broad variety of programs and projects offered by the Community Foundation reflects its philanthropic goal of outreach to the community.

An overall picture of domestic violence-related funding in a single-source funding document would be useful to the DVC in meeting its goals.

In an environment of continuing countywide budget constraints, and the continuing growth in the numbers of nonprofits, a study of duplicated services and administrative costs by nonprofit agencies within the county has not occurred. Representatives from the United Way and the Community Foundation would be likely leaders to initiate and/or participate in such a study.

The United Way should consider periodic, spontaneous, rather than scheduled, evaluative site visits. Response: United Way AGREES. The Agency Relations Committee of the Board of Trustees will consider action on this recommendation.

The United Way should consider a small funding category for new or young organizations that provide unique services. Response: United Way AGREES. The Agency Relations Committee of the Board of Trustees will consider action on this recommendation. Domestic Violence in Santa Cruz County: - 43 92. The Community Foundation may want to consider a trial program wherein a selected, young (less than four years old) nonprofit, offering a unique service, or an established, productive but unfunded agency could be assisted financially and managerially for a selected period of time.

Representatives from both organizations should be active participants in future county-wide discussions on the collaborative efforts of nonprofits and the impact of duplicated services and costs. Response: United Way AGREES. We look forward to participating in county-wide discussions to reduce costs and improve health and human services in Santa Cruz County.

The DVC should collect budgetary information on direct service providers and Batterers’ Intervention Programs to get an overall picture of funding. Response: Domestic Violence Commission: The DVC will not be implementing this recommendation. The Commission has no funding or staff to do so. Response: The Santa Cruz County Board of Supervisors: This recommendation requires further analysis. The County defers to the commission to determine whether this action would assist the commission in meeting its responsibilities. - 44 Domestic Violence in Santa Cruz County: Responses requested, but not required Entity Findings Recommendations Respond Within United Way 9, 11, 30 1, 3, 4, 6 90 Days (October 1, 2006) Community 20, 24, 30 2, 5, 6 90 days Foundation of (October 1, 2006) Santa Cruz County Responses required Entity Findings Recommendations Respond Within Domestic Violence 29 7 90 Days Commission of (October 1, 2006) Santa Cruz County Domestic Violence in Santa Cruz County: - 45 A Trusted Hand When Needed: Direct Services to Survivors Background Two primary nonprofit organizations, Women’s Crisis Support-Defensa de Mujeres and Walnut Avenue Women’s Center, provide a variety of services and programs that enable female victims to address their life situations and, eventually, to rebuild their lives. A third organization that provides direct services to women is the Battered Women’s Task Force (BWTF). It is housed within the Walnut Avenue Women’s Center. A fourth organization, Familia Center, offers services to low-income families. One additional organization, Family Matters, offered services to male victims, but ceased operation within the past year. Women’s Crisis Support (WCS) was established in 1977 in Santa Cruz. Defensa de Mujeres (DdM) was established in Watsonville in 1990. The two organizations were administratively consolidated in 1999 and officially merged in 2005. Four facilities exist under the umbrella of WCS-DdM: an administrative office in Watsonville, a service provider center in Watsonville, a service provider center in the City of Santa Cruz, and an emergency shelter located within the county. The organization owns the administrative building, the service center in Watsonville, and the shelter. The service center located in the City of Santa Cruz is leased. WCS-DdM has a ten-member board of directors currently working on a five-year strategic plan. Operational bylaws are in existence. The Executive Director has been in the position for nine years. There are approximately thirty-nine staff members, all of whom are bilingual. A newsletter, N.E.W.S. (Networking to Ensure Women’s Safety), is published quarterly. Several other brochures and flyers list pertinent information about the organization and the services provided. All services are available in English and Spanish. Services include: • emergency shelter for women and their children • telephone and in-person individual crisis support • legal assistance with document preparation • individual and group support and counseling • court advocacy • victim advocate with Sexual Assault Response Team • neighborhood outreach • parenting classes • workshops for families • self-defense classes for adult and teen women • state-mandated domestic violence training for employees and volunteers - 46 Domestic Violence in Santa Cruz County: • victim advocate training • community presentations • training for law enforcement agencies healthy families program • children’s and teen’s support groups Approximately 1,700 clients were provided domestic violence-related services in the year 2004-2005. The most frequently used services were: advocacy, peer counseling, crisis intervention, and legal services. Services were utilized by all ethnicities. In 2005, WCS- DdM provided emergency shelter to fifty-six women and sixty-eight children. Length of stay ranged from one to ninety-one days with an average of twenty-four days. Total bed nights provided were 2,972. The Client Satisfaction Survey, conducted by Applied Survey Research in 2002-2003, reflected quite favorably on the organization. Large numbers of volunteers support the organization. The Walnut Avenue Women’s Center (WAWC) is located in the City of Santa Cruz. It was established seventy years ago as part of the YWCA. It later became independent and assumed its present name. The center owns the building in which it is located. The WAWC currently has an eight-member board of directors that meets monthly. The board operates under established bylaws. The Executive Director has been in the position for thirteen years. Seventy-five percent of the WAWC’s thirty-eight employees are bilingual. The WAWC is considered a family resource center and offers a variety of programs including: • childcare centers • a family literacy program • youth programs • a domestic violence program • teen mom program • mentoring program for youth • parenting classes • SAFE Connections for Kids (a supervised child visitation program) WAWC has a satellite presence in Live Oak and at Santa Cruz High School. The center does not have a shelter but collaborates with the WCS-DdM shelter and can provide safe houses for those in need. Nearly fifty percent of clients served in the domestic violence program are Latina. Ninety percent of those in the Literacy Program and sixty percent of those in the childcare program are Latina. There is a large number of volunteers who serve the center. Services are free unless the ability to pay on a sliding scale is established. WAWC served approximately 1,900 clients seeking domestic violence services in 2005. Both WCS-DdM and WAWC receive funding through federal, state, and county funding streams. Federal and state funding sources include the Office of Emergency Services and Domestic Violence in Santa Cruz County: - 47 the Department of Health Services – Domestic Violence Division. County funding is administered through the Health Services Agency and the Human Resource Agency. In addition, cities within the county contribute annually to operational budgets. Federal, state, and county funding varies from year-to-year with the political and economic climate. Both organizations receive monies from the United Way and the Community Foundation of Santa Cruz County. Funds from other foundations are sought and received. It is common for one organization to have six or more funding sources. Each source must be tracked, and the organization must be available for audits and site visits by the funding agency. The instability of funding necessitates fundraising activities each year. Although time-consuming, grant writing is a common and necessary endeavor to procure funds for on-going programs and special projects. The Battered Women’s Task Force (BWTF) has been in existence for over fifteen years. It is a collective of ten to fifteen facilitators who provide support to battered women through weekly support group meetings. The meetings are conducted at the WAWC. Those attending the groups are referred to as survivors and are assisted through three levels of self-development to process their experiences and strengthen their decision- making for the future. Meetings are confidential and serve to facilitate the healing process. Drop-ins are welcome. Grocery supplies from Second Harvest Food Bank are often distributed at the end of meetings. The BWTF has no consistent funding source but may receive small amounts of money from time-to-time through grants. Monies obtained through grants are used to produce materials for the survivors and to increase public awareness. The BWTF has produced an excellent resource book for participants, however, it is currently available only in English. The Grand Jury developed an open-ended questionnaire in English and Spanish to solicit survivor input. The questionnaires were distributed to facilitators in areas where support groups or shelters were located. The intent was to provide a voice to survivors and to gather information from survivors about problematic areas encountered within the system. Respondents overwhelmingly indicated their appreciation for the centers that offered them services. Respondents from shelters expressed gratitude for having a safe and supportive environment in which to begin healing and to take positive steps. With childcare services offered, the opportunity to attend a support group without the responsibilities of childcare promoted attendance and participation at the service centers. Survivors viewed support groups as a lifeline to continued growth. Legal assistance and court advocacy were reported to strengthen their resolve and facilitate personal progress. Other amenities such as food distribution, social service and health referrals, and clothing distribution were also appreciated. Frustrations included the large number of agencies to be contacted by survivors to access needed assistance. The lack of transportation was reported to hamper the ability to access assistance, seek employment, access health care, and provide for the welfare of children. Personal frustrations centered around living with fear for personal safety, perceived indifferent response by female police officers, the unknown, and the emotional rollercoaster of deciding to start anew. Familia Center is a nonprofit organization that was started in 1983 as a satellite clinic of the Women’s Health Center in the Beach Flats area. After closing for one year, it - 48 Domestic Violence in Santa Cruz County: reopened in 1993 in the City of Santa Cruz as a health services agency education center. The center has a board of directors and is in the process of purchasing its building. Criteria for employment at Familia Center includes the ability to read, write, and speak English. The eight current employees are bilingual. Familia Center’s primary purpose is to provide services to low-income people within the community. Familia Center is part of the Healthy Kids Program through First Five. The center’s day care program serves twenty to twenty-five children each day. Additional drop-ins are also welcome. Court referrals to Familia Center are few and are primarily from Child Protective Services and police agencies. The center offers five, six-week parenting classes each year throughout the county. One of the classes is conducted at WAWC. The parenting classes are free. When appropriate, referrals are made to Defensa de Mujeres for shelter services. Other services provided by Familia Center include: • advocacy and support • assistance with health insurance enrollment • a home visitor program to assist families with referrals • assistance with translation in completing applications and forms • a school readiness program for children ages three to five • food and clothing distribution • educational workshops including computer use for beginners, ESL, diabetes education and nutrition, and vegetarian cooking • youth enrichment programs include the homework club, teen homework lab, fun Friday, and summer fun The average number of clients served on a monthly basis is 285. Unduplicated contacts for the year 2004-2005 were 1,626. Eighty-one percent of all clients are Latino and two- thirds of those receiving services are female. Seventy-three percent of all clients receiving services are monolingual Spanish. Ninety-two percent are considered to be in a very low-income bracket despite a majority being employed. The services most utilized were food and clothing assistance. Familia Center coordinates with a large number of other nonprofit organizations within the county. All materials are in English and Spanish. Funding for Familia Center is from a diverse funding stream that includes federal pass- through monies, state grants, foundation and endowment funds, First Five funds, private donors, and the Community Foundation of Santa Cruz County. Client satisfaction surveys conducted in 2004 and 2005 revealed a strong level of trust with staff at the center. Family Matters was started in Scotts Valley in 2001 as a nonprofit organization to provide services related to domestic violence. It ceased operation in December 2005. All five staff members were volunteers. The Executive Officer and the Administrative Assistant were bilingual, but only the Executive Officer could translate in confidential settings. Five brochures, available only in English, addressed specific topics. Services provided by Family Matters included crisis intervention for males and females, assistance with legal documents, court advocacy, referrals, and educational outreach. Funding was through small grants and charitable donations. With the exception of one filing fee, Domestic Violence in Santa Cruz County: - 49 services were free. During 2005, focus was on male victims. Although the outreach was unique, law enforcement agencies within the county relate that less than ten percent of domestic violence cases involve the male as victim. It is possible that male victims do not report as readily. Nonetheless, this agency may have remained viable if it had collaborated with other existing agencies to offer services under their name, as does BWTF, or if sufficient funding or assistance for start-up agencies existed within the county. Without paid staff, it is difficult to develop the stability (organizational structure, mission and goal statements, strategic plans, and evaluative measures) required for funding by most organizations. Women’s Crisis Support-Defensa de Mujeres Findings 95. The Women’s Crisis Support and Defensa de Mujeres are one organization.

WCS-DdM has a board of directors, established bylaws, and an Executive Director who has been in the position for nine years.

WCS-DdM is transparent in its operations. All materials requested by the Grand Jury were promptly submitted and indicated an efficient level of organization and tracking of data.

The Women’s Crisis Support service center is located in the City of Santa Cruz and offers individual and group counseling to women who have experienced domestic violence or sexual assault.

The DdM service center is located in Watsonville and offers individual and group counseling to women who have experienced domestic violence or sexual assault.

WCS-DdM offers a wide variety of programs in English and Spanish that serve women, teens, and families.

WCS-DdM provides the sixty-hour, state-mandated training for those planning to work or volunteer in the field of domestic violence. Two training sessions are conducted each year. Approximately thirty-six to forty persons were trained in 2005.

Over 1,700 women received support through WCS-DdM in the past year. Additional services were provided to families and those in parenting and self-defense classes.

A fifteen-bed emergency shelter exists within the county and is operated by WCS- DdM. The shelter provided bed space to fifty-six women and sixty-eight children in 2005. Total bed nights was 2,972.

WCS-DdM trains and is the sole source within the county for Victim Advocates who function as part of the Sexual Assault Response Team. There are over fifty trained Victim Advocates with at least three people on call at all times. All employees of WCS-DdM are advocate trained and can function in the role of Victim Advocate.

Information regarding WCS-DdM is available to the public through brochures, flyers, a quarterly newsletter, and its web site www.wcs-ddm.org.

WCS-DdM partners with the Commission for Prevention of Violence Against Women (CPVAW) to offer the Safe Place Network among downtown Santa Cruz businesses. - 50 Domestic Violence in Santa Cruz County: 107. The Executive Director of WCS-DdM holds a commissioner seat on the Domestic Violence Commission, has a moderate attendance record, and actively participates in meetings attended. Walnut Avenue Women’s Center Findings 108. The Walnut Avenue Women’s Center (WAWC) is located in the City of Santa Cruz.

WAWC has an established board of directors, established bylaws, and an Executive Director who has been in the position for thirteen years.

WAWC is a family resource center that offers programs for children, families, and women with issues related to domestic violence.

Seventy-five percent of the employees at WAWC are bilingual.

WAWC operates three childcare centers. There is a waiting list for childcare. One of the childcare programs is for newborns of teen moms, and another is for toddlers of teen moms.

WAWC provides for the presence of a victim advocate within the Santa Cruz County Court building to facilitate immediate assistance in completing legal forms and to explain other court processes. Judges are aware of the advocates’ presence and are able to make immediate referrals.

WAWC partners with the Commission for Prevention of Violence Against Women (CPVAW) to address sexual assault issues in the workplace. CPVAW supplies a video, and WAWC sends an advocate to speak and answer questions on the topic.

The Executive Director of WAWC holds a commissioner seat on the Domestic Violence Commission and has attended and participated sporadically over the past several years. Response: Walnut Avenue Women’s Center DISAGREES. In most cases both the Executive Director and the Director of Domestic Violence Services attend meetings. If the Executive Director is unable to attend, the Director of Domestic Violence Services serves as her proxy.

Both WCS-DdM and WAWC have a large number of volunteers. Many volunteers were previously victims of abuse. It is reported that they volunteer to express their belief in, and appreciation for, the support they received.

Funding for WCS-DdM and WAWC comes from federal, state, county, and city sources. Additional monies are received from foundations, grants, and private donors. Each source requires tracking, audits, and possible site visits. Response: Walnut Avenue Women’s Center AGREES. The center receives funding from multiple sources. Government funds provide a substantial amount of secure funding for the agency. Funding sources have Domestic Violence in Santa Cruz County: - 51 expectations that we meet all their guidelines and that we work in partnership to provide quality support and services to women and children. Battered Women’s Task Force Findings 118. The Battered Women’s Task Force (BWTF) has been in existence for over fifteen years and is located within the Walnut Avenue Women’s Center in the City of Santa Cruz.

The purpose of the BWTF is to provide support to women who have been abused and to facilitate their healing process.

BWTF has no consistent funding source.

Survivors in support groups at BWTF, surveyed by the Grand Jury, confirm the importance of being able to attend the group sessions.

The brochure produced by the BWTF deals thoroughly with the subject of domestic abuse and serves as a resource to participants.

The BWTF brochure is only available in English.

The director of the BWTF holds an approved commissioner seat on the DVC and has an excellent record of attendance over the past several years. Survivor Survey Findings 125. Childcare is provided during all support group sessions at WCS-DdM, WAWC, and BWTF.

Survivors, surveyed by the Grand Jury, express gratitude for the services offered through WCS-DdM, WAWC, and BWTF. Response: Walnut Avenue Women’s Center AGREES. We appreciate the feedback and continue to have confidential ways for women to express their gratitude and concerns. Their input enables us to provide quality services to the community.

Survivors, surveyed by the Grand Jury, express frustration about negotiating the myriad number of contacts necessary to secure assistance in rebuilding their lives. Some of their frustrations related to perceived indifference shown by female police officers during the initial contact. Response: Walnut Avenue Women’s Center AGREES. There are many obstacles and challenges that survivors face which decrease their ability to keep themselves and their children safe. The Walnut Avenue Women’s Center, WCS-DdM and the BWTF are dedicated to helping women deal with these obstacles, including navigating community support systems. The Walnut Avenue Women’s Center is dedicated to social change and activism, which includes working - 52 Domestic Violence in Santa Cruz County: to change the structure and policies that inhibit women from getting the support they need and deserve. Familia Center Findings 128. Familia Center was established in 1983 and is located in the City of Santa Cruz.

Familia Center serves low-income families and offers a broad array of programs for children, teens, parents, and adults.

All staff at Familia Center are bilingual but are not trained in the state-mandated domestic violence curriculum.

There is no domestic violence screening tool as part of the initial application for services at Familia Center.

Clients receiving services from Familia Center are predominantly Latino, female, low-income, and monolingual Spanish. The majority of clients is employed.

Customer service surveys conducted by Familia Center over the past three years consistently indicate a strong level of trust in staff.

Parenting classes are offered throughout the county by Familia Center and are attended primarily by women. One of the classes is conducted at the WAWC site. Parenting classes include information on domestic violence and alcohol abuse during the last class session. Conclusions 135. Women’s Crisis Support-Defensa de Mujeres is a well established, well organized agency that provides a broad array of domestic violence-related services to the community. The public can readily obtain information about WCS-DdM through their outreach materials.

The duplicated efforts of WCS-DdM and WAWC in grant and report writing, as well as fundraising, should be assessed. Creative solutions to reduce time and effort expended by the Executive Directors in these activities should be sought. (An example of such efforts might be a shared position for grant writing or fundraising). Response: Walnut Avenue Women’s Center: This recommendation has been implemented. The Walnut Avenue Women’s Center agrees that a great deal of the Executive Director’s time is spent on these activities. WAWC is currently evaluating its infrastructure and making changes so that the Executive Director will spend less time on grant writing and reporting. The Walnut Avenue Women’s Center and WCS-DdM have had the opportunity to collaborate on grants in the past. (an example is a grant that we ashared to provide support and services to the LGBT community.) The Walnut Avenue Women’s Center cannot implement the recommendation that we share a position for grant writer or fundraising with WCS-DdM. We are separate organizations. The Walnut Avenue Women’s Center is a Family Resource Center which provides domestic violence services as well as services for youth, an Even Start program, preschool, food and clothing. WCS-DdM focuses on domestic violence and sexual assault services. Therefore, our scope of work, as well as our approach to providing services, differs. Our duplicated efforts allow women choices about how to best get their needs met.

The BWTF should seek small grant funding to provide materials in English and Spanish for participants and for public outreach efforts. Domestic Violence in Santa Cruz County: - 55 161. Representatives from WCS-DdM, WAWC, and BWTF, who serve as commissioners on the Domestic Violence Commission, should attend monthly meetings regularly, serve as proactive members, and ensure compliance of the commission with stated bylaws. Response: Walnut Avenue Women’s Center: This recommendation has been implemented. Both the Executive Director and the Director of Domestic Violence Services attend monthly meetings and retreats of the DVC. The Director of Domestic Violence Services is the chair of the DVC subcommittee to provide community education about domestic violence. She also serves on the subcommittee that is responsible for the annual DVC Report to the Community. She attends monthly planning meetings and provides statistics for the report.

A system should be developed wherein survivors can express their thoughts and frustrations at strategic points in time within the healing process. The input should be collected by group facilitators, forwarded to a representative DVC commissioner, and discussed at DVC meetings. Response: Walnut Avenue Women’s Center: This recommendation has been implemented. Survivors have a voice at The Walnut Avenue Women’s Center. Battered women serve on our board and are involved in programs from design, implementation, evaluation and redesign. Confidential surveys are available to survivors to give feedback to the agency regarding services. We also conduct periodic evaluations of programs. As representatives of the DVC, we bring this information to be discussed at meetings. We agree that it is important to identify challenges and voids in services so that we can best support our community to overcome the many roadblocks to women’s healing.

Familia Center should collaborate with WCS-DdM for domestic violence training for its employees so they may readily recognize a need for referral. - 56 Domestic Violence in Santa Cruz County: Response: Familia Center: WCS-DdM and WAWC have provided in-service training to our staff members in the past and we will invite them to conduct similar trainings in the future. It is always a pleasure to work with WCS-DdM and WAWC. Presently Familia Center refers female clients to WCS-DdM when the clients indicate they are being victimized by their partners. It should be noted that WCS-DdM and WAWC conduct outreach services at our site 2 to 4 times a year. They do collect between 12-15 names each time they visit and conduct follow-ups.

As a trusted agency within the community, Familia Center should incorporate a domestic violence screening tool with its intake application for services in order to recognize and refer clients as early as possible to appropriate agencies. Response: Familia Center: Familia Center, presently uses a brief needs assessment tool for clients who present with long term issues. Among the services we provide are drop-in workshops on a variety of issues for our clients. The topics may include, landlord/tenant rights, workers’ rights, diabetes, accessing food stamps, parenting and domestic violence. We have invited WCS-DdM and WAWC to provide informational workshops on the effects of domestic violence on children and a description of their services to our client base. It is usually after a workshop like this that women are made aware of their options and may decide to take action. It has been our experience that this approach has benefited several families, particularly women with children. It is because we are the trusted agency that we proceed cautiously in this area. Over time a woman will begin to feel that she can trust us enough to risk disclosing her situation to a staff member. At that time she is informed of her options and we assist her in her choices. We know that this approach has worked well for us and our families. It is culturally competent and sensitive and is a best practice in accordance to the principles of family support.

The Grand Jury recommends that WCS-DdM, WAWC, BWTF, and Familia Center meet at least twice each year to share program information, discuss program utilization, address common concerns, discuss potential collaboration projects, and assess duplicated efforts and cost. Response: Walnut Avenue Women’s Center: This recommendation has been implemented. The Walnut Avenue Women’s Center meets with BWTF, Familia Center and WCS-DdM on an individual basis and Domestic Violence in Santa Cruz County: - 57 representatives attend collaborations across programs, as well as with other county agencies, to discuss common concerns and projects. WAWC and WCS-DdM meet quarterly to discuss legal issues in the judicial system and also collaborate on DVC subcommittees. WAWC would be interested in meeting collectively twice a year. We propose that we meet in January and July and will contact the other agencies to arrange this. Response: Familia Center: It would be a pleasure to meet with the above mentioned agencies and collaborate. We look forward to being contacted by any of the agencies cited above. Responses requested but not required Entity Findings Recommendations Respond Within Women’s Crisis 13, 23, 32-33 1, 3, 6-7, 12 90 days Support – (October 1, 2006) Defensa de Mujeres Walnut Avenue 21, 23, 32-33, 2 - 3, 6 - 7, 12 90 days Women’s Center (October 1, 2006) Battered 26 - 30, 33 4 - 7, 12 90 days Women’s Task (October 1, 2006) Force Familia Center 36 - 37, 39 - 40 8 - 10, 12 90 days (October 1, 2006) - 58 Domestic Violence in Santa Cruz County: A Painful Secret: Sexual Assault Response Team Background The recently released Commission for Prevention of Violence Against Women (CPVAW) twenty-year study of sexual assault in the City of Santa Cruz and the eleventh annual report by the Community Assessment Project indicate an increase in the number of sexual assaults and rapes in the county.18 It is unknown what percentage of sexual assault or rape is a component of the broader picture of domestic violence. Specific data linking the two is not reported by any agency. A Sexual Assault Response Team (S.A.R.T.) exists within the county and is composed of a peace officer from the jurisdictional agency, a sexual assault nurse examiner (S.A.N.E.), and a Victim Advocate. The Santa Cruz County Sheriff’s Office monitors the budget and implementation of the S.A.R.T. process. Funding for the program is on a pro rata basis from each of four police departments and the Sheriff’s Office. In addition, Dominican Hospital and the University of California Santa Cruz contribute annually to the S.A.N.E. budget. Three registered nurses, with specific training in sexual assault forensic evidence collection and certification in pediatrics, share S.A.N.E. responsibilities within the county. Designated sexual assault examination rooms are maintained by the S.A.N.E. in the Emergency Departments of Dominican Hospital and Watsonville Hospital. When a sexual assault is reported, a peace officer is dispatched to the scene. Once an evaluation has been made by a responding officer or deputy, a sexual assault examination may be authorized by law enforcement. Initially, the S.A.N.E. is notified by dispatch or a peace officer. Response must be within one hour. The evaluation and decision by law enforcement to proceed with an examination begins the S.A.R.T. process. An advocate for the victim is notified by dispatch or the nurse examiner. Victim Advocates have received specific training to provide support to victims of sexual assault and are on-call through Women’s Crisis Support-Defensa de Mujeres. Evidence is collected only with the consent of the victim, and only if a police report is filed. The law enforcement officer makes the determination if a crime has been committed and may file a report regardless of victim consent. Under these protocols, a victim of sexual assault has the right to refuse the collection of evidence and may do so for a variety of reasons including fear of retaliation from an alleged suspect. A victim also has the right to withhold cooperation in a criminal investigation once evidence has 18 See tables in Appendix B. Domestic Violence in Santa Cruz County: - 59 been collected. If a police report is filed and evidence is collected, reports are forwarded to the District Attorney’s Office for evaluation. As a result, certain time and material costs are incurred, regardless of whether the victim recants, is making a false claim, or wishes to proceed. If a police report is not filed, California State Law still requires a mandatory report (Mandatory Report of Injury – Penal Code § 11160). In contrast to Santa Cruz County protocol, San Francisco County protocol allows victims of sexual assault to determine if they want police involvement prior to examination at the hospital, after examination, or not at all. This allows the control and decision-making to remain with the victim rather than with an outside agent. If police involvement is not desired, evidence is collected, the examination is performed, and a report is telephoned or mailed to the San Francisco Police Department, Domestic Violence Unit in compliance with California State Law, Mandatory Report of Injury. Mandatory reporting does not generate an official police report and does not result in police action unless the victim makes a direct request to a police department. Although mandatory reporting by a health care worker does not require consent of the victim, it is customary for the health care worker to inform the victim of mandatory reporting requirements. Completed mandatory reports are maintained in a confidential file at the hospital or the police department. In Santa Cruz County, responsibilities of the S.A.N.E. include: collecting and preserving evidence, maintaining extensive records on specific state-approved forms, and providing testimony in court, if needed. The type of evidence collected is broad in scope and may be collected from the victim and/or the suspect. The average length of time for a S.A.N.E. process is three to four hours. The average length of time for a victim advocate to be present is eight to ten hours. In addition, S.A.R.T members participate in bi-monthly and quarterly meetings to review and critique recent incidents. Crime lab updates, regulation changes, and current policies and procedures are also discussed. Representatives of other community agencies related to sexual assault (law enforcement, health services, Child Protective Services, Family and Children’s Services, Women’s Crisis Support-Defensa de Mujeres, the District Attorney’s Office) are invited to attend the bi-monthly meetings. In 2004, Victim Advocates responded to sixty-four S.A.R.T. requests. In 2005, Victim Advocates responded to sixty-five requests. The monthly average of calls for Victim Advocate participation is 5.4. Reported sexual assaults for 2004 were ninety-eight; for 2005, ninety. In each of the years 2004 and 2005, the S.A.N.E performed seventy-eight sexual assault examinations each year (2004 and 2005). Crime statistics and domestic violence data are posted monthly to the Sheriff’s Department web site, however, the number and location of sexual assaults are not specifically identified. The web site includes a section of frequently asked questions related to sexual assault and domestic violence. The Santa Cruz County Sheriff’s Office has reviewed and revised specific documents related to sexual assault. These include: Santa Cruz County Sheriff-Coroner Sexual Assault Investigations, S.A.N.E. budget for 2005-2006 and 2006-2007, and Santa Cruz County Sheriff-Coroner Sex Offenders/Notifications and Disclosures. - 60 Domestic Violence in Santa Cruz County: Findings 168. The current process of the S.A.R.T. response is under the auspices of the Santa Cruz County Sheriff’s Office.

No agency in the county tracks data to determine the number of sexual assaults related to domestic violence. Response: Domestic Violence Commission: The DVC does not have enough information to agree or disagree with this finding. Tracking such information is not our mandate. The Domestic Violence Commission has only collected data on domestic violence. The Santa Cruz County Community Assessment annual Project tracks crime rates, including rapes and family violence. It is not known whether that Project separately tracks sexual assault. Response: Santa Cruz County Sheriff’s Office AGREES. The Santa Cruz Sheriff’s Office does not track sexual assault statistics which also have a domestic violence component. These types of cases are estimated to represent a minimal percentage of sexual assault investigations. Response: The Santa Cruz County Board of Supervisors: The County can neither agree or disagree with this finding, but is not aware of any agency that tracks data on the number of sexual assaults related to domestic violence.

Multiple expenses are incurred by the county when filing a sexual assault police report, regardless of whether the victim cooperates or recants. Response: Santa Cruz County Sheriff’s Office PARTIALLY DISAGREES. Deputies complete an initial report and no further action is taken. Documenting sexual assault is essential to memorialize the incident. Victims may later request a criminal investigation and suspect(s) may re-offend. If a victim does not want to provide a statement, the deputy will obtain information solely from the mandatory reporter.

The S.A.R.T. model utilized in Santa Cruz County is law enforcement driven. Response: Santa Cruz County Sheriff’s Office DISAGREES. The Sheriff’s Office oversees the Sexual Assault Nurse Examiner Program and the Supervisor of the Sexual Assault Unit is the chair for the S.A.R.T. meetings. However, the concept of S.A.R.T. is a multi-disciplinary team approach. Each professional works closely with another to ensure victims are provided with professional care. Domestic Violence in Santa Cruz County: - 61 Decisions on how a criminal case proceeds rely on the victim’s wishes.

The sexual assault response model utilized in San Francisco County is victim driven. Response: Santa Cruz County Sheriff’s Office PARTIALLY DISAGREES. San Francisco County is not following the recommended State guidelines of OES in which only law enforcement can authorize a forensic medical exam. It is imperative law enforcement evaluates all cases to ensure criteria are met for forensic exams. San Francisco is relying on medical professionals to investigate potential crimes and the vast majority of California law enforcement agencies do not follow the San Francisco model.

The Sexual Assault Investigations Unit of the Santa Cruz County Sheriff’s Office works cooperatively with other related community organizations. Response: Santa Cruz County Sheriff’s Office AGREES. The Sheriff’s Office website does post annual sexual assault statistics but does not include a breakdown by city or provide the number of S.A.N.E. callouts.

In Santa Cruz County, the number of sexual assaults, with a breakdown by city and the number of call-outs to a S.A.N.E. and Victim Advocate, are not readily available to the public. Response: Santa Cruz County Sheriff’s Office AGREES. The Sheriff’s Office website does post annual sexual assault statistics but does not include a breakdown by city or provide the number of S.A.N.E. callouts.

The Sheriff’s Office has reviewed and revised documents related to sexual assault in a timely manner. Conclusions 176. Tracking sexual assault and domestic violence incidents should be an on-going process of the county advisory body, the Domestic Violence Commission.

The Santa Cruz County Sheriff’s Office should consider a trial program to analyze costs and effectiveness of a victim-driven sexual assault response model. Response: Santa Cruz County Sheriff’s Office DISAGREES. This recommendation will not be implemented because it is not warranted or is unreasonable. The model referenced by San Francisco County does not follow OES State guidelines in which law enforcement authorization is required for a forensic exam. Conducting a forensic exam on a non-cooperative victim is not appropriate and more costly as it would increase the number of exams conducted per year. In Domestic Violence in Santa Cruz County: - 63 addition, this concept is contrary to the purpose of S.A.N.E. (Sexual Assault Nurse Examiners are to be utilized only for cases in a criminal investigation.) 182. The Santa Cruz County Sheriff’s Office should include the city locations of sexual assault incidents in the monthly updates to its web site. Response: Santa Cruz County Sheriff’s Office DISAGREES. This recommendation will not be implemented because it is not warranted or is unreasonable. Annual sexual assault statistics are available to the public on the Sheriff’s Office website. This statistical information is believed to be sufficient. Sexual assaults can often involve transitory elements, involve multiple locations, and/or not have occurred within the year reported. In addition, the majority of sexual assaults do not involve strangers.

The DVC should collect and analyze monthly sexual assault statistics. Response: Domestic Violence Commission: The DVC will not be implementing this recommendation. At this time, sexual assault is not one of the five county mandated responsibilities of the DVC. Response: The Santa Cruz County Board of Supervisors: This recommendation requires additional analysis. As mentioned above, sexual assault is not one of the five county mandated responsibilities of the DVC. The County defers to the commission to evaluate whether it would be assist the commission in meeting its responsibilities to expand the commission’s activities as recommended. Responses Required Entity Findings Recommendations Respond Within Santa Cruz 2 1, 5 90 Days County Domestic (October 1, 2006) Violence - 64 Domestic Violence in Santa Cruz County: Commission Santa Cruz 2, 3, 4, 5, 7 1 2, 3, 4 60 Days (September 1, 2006) County Sheriff- Coroner Domestic Violence in Santa Cruz County: - 65 This page intentionally left blank. - 66 Domestic Violence in Santa Cruz County: Power and Control: Breaking a Cycle Batterers’ Intervention Programs Background Batterers’ Intervention Programs are an important part of a comprehensive community effort to eliminate domestic violence. Batterers’ programs in Santa Cruz County fit a variety of models but have similar goals. This section will cover five programs. Four are state-certified, and one program is predominately a peer support group. In addition to these five programs, a ten-week program on anger management is offered at the Rountree Minimum Security Facility. This program is a peer support group and is not a state-certified Batterers’ Intervention Program. The Pajaro Valley Unified School District conducts this well-attended program that has been existence for ten years. Minimum standards for Batterers’ Intervention Programs were established by California Penal Code § 1203.097(c)(2) that states the court “shall refer persons for diversion only to batterers’ programs that have been approved by the probation department.”19 State- certified programs are fifty-two weeks in length, have a mandated curriculum, and require attendance tracking. Topics include, but are not limited to: accepting responsibility, emotional abuse, responsible parenting, anger control, conflict resolution, and cycle of violence. Adults Learning to Take Opportunity (ALTO), a state-certified program, has been in existence for thirty years. ALTO means stop in Spanish. ALTO’s stated purpose is to assist in long-term recovery from behaviors of drug and/or alcohol abuse and to confront violent behavior. It focuses on education rather than therapy and introduces batterers to community support groups. ALTO participants explore their belief systems and decision- making processes as a way of learning to avoid violent behavior. Services include: adult outpatient mental services, youth services, and outpatient recovery (mainly from drugs). All participants in the domestic violence program must accept responsibility for their actions and sign a contract stating such. ALTO serves approximately 1,700 people per year. Clients must be eighteen years or older. The waiting period to enroll in the program is three to five days. Some participants are referred by a drug court, Family Sobriety Court, or are on a deferred judgment. ALTO shares clients with JANUS and refers the clients to an appropriate twelve-step program. Domestic violence clients are in a fifty-two week program and pay on a sliding scale. Due to an increase in the number of local Batterers’ Intervention Programs, the percentage of domestic violence enrollment in overall ALTO programs has dropped in recent years from ninety-five to seventy percent per year. Approximately eighteen percent of participants do not complete the program. California Alliance Against Domestic Violence, Model Guidelines for Batterers’ Programs, Modesto, California, May 1994. Domestic Violence in Santa Cruz County: - 67 ALTO receives funding from the county through the Health Services Agency (HSA), CALWorks, and Proposition 36 monies, as well as from private sources such as the Human Race fundraiser. It also receives funding from private fees charged on a sliding scale. Participants with drunk driving convictions must pay their own fees. Fenix, Inc. began in the early 1980s and went out of business in 2003. At that time, the Santa Cruz Counseling Center (SCCC) took over the service that was renamed Fenix Outpatient Services (Fenix). According to a Fenix administrator, the transition from Fenix, Inc. to SCCC was seamless. Hermanas Recovery Program, a residential drug and alcohol program, is also under the auspices of SCCC and shares a director with Fenix Outpatient Services. Fenix conducts drug and alcohol outpatient counseling and offers a domestic violence program. The Fenix domestic violence program is a state-certified, fifty-two week Batterers’ Intervention Program. It receives referrals from the court. As of May 2006, the program had no waiting list and four openings. The Fenix domestic violence program has four groups conducted in Spanish. Each group can accommodate twelve participants. The group facilitator has over twenty years of experience in domestic violence counseling. The Fenix domestic violence program costs $1,350 per year, but the fee can be paid in installments. Fenix sends monthly attendance reports to the Probation Department. In addition, batterers make regular court appearances to report on their progress. Fenix tries to work with participants who cannot continue to pay their fees instead of immediately terminating them from the program. Fenix receives funding from Santa Cruz County through both HSA and HRA. Hermanas receives funding from San Benito County Substance Abuse and Child Protective Services and Monterey County Health and Human Services as well as from Santa Cruz County. Men’s Overcoming Abusive Behavior (MOAB), established in 1994, is a men’s peer support group for anger management. The program began with five volunteer members and has had several name changes in its history. The program is not certified as a fifty- two week Batterers’ Intervention Program for men on parole or probation. However, MOAB will confirm a participant’s attendance to his Probation Officer. Some meeting facilitators also have experienced, and been helped by, anger management support. The drop-in program has no specific curriculum and meets twice a week at a local church. MOAB receives some court referrals, but most participants attend as a result of word-of- mouth referrals. MOAB meeting participants must maintain their sobriety and not participate in violence. Meetings are usually attended by twenty to thirty-five participants, and there is no waiting list. Pacific Treatment Associates (PTA), a state-certified program, began as a treatment program for sex offenders in 1988. In 1991, the PTA domestic violence intervention program was added. PTA works with perpetrators, and emphasizes preventing re-offense through “learning to understand, predict and control abusive behavior.”20 Program components include education, individual sessions, and enrollment in a twelve-step 20 Pacific Treatment Associates, “Introduction to Domestic Violence Prevention Program,” no date. - 68 Domestic Violence in Santa Cruz County: program. Participants must stay clean and sober and demonstrate a change in their thinking about domestic violence. The PTA domestic violence group has five staff members. Most of them have Master’s degrees, and all of them have forty hours of core-basic domestic violence training. In addition, they take sixteen continuing education units per year.21 PTA receives referrals from the courts and the Probation Department. Generally, the public is unaware of this agency. It has provided some educational outreach to schools, the CASA organization, and churches to publicize the issues of domestic violence and sexual assault. Few participants are self-referred; most are referred by other agencies. PTA coordinates with other agencies: Family and Children’s Services, federal probation, parole, public defenders, the District Attorney’s Office, and other counties such as Santa Clara, San Benito, and Monterey. PTA is satisfied with the coordination and cooperation among these agencies. The PTA domestic violence program has served 805 clients since inception and is currently serving forty-two. Approximately twenty percent of its clients have been terminated from the program before completion due to absenteeism, not paying fees, violating probation, or transferring out of county. Attendance for the domestic violence program is set by legislation and is provided to the Probation Department on a monthly basis. If participants have three unexcused absences a year, PTA informs the Probation Department. PTA is a for-profit organization and does not receive or apply for grants. All funding comes from client fees, and nonpayment is a cause for termination from the program. Domestic violence participants pay $25-35 per week for a two-hour group session. Because domestic violence and sexual assault may be linked, with both characterized by aggressive behavior, a program for sexual offenders is also offered by PTA. Simply Your Best (SYB), a state-certified program, is a private educational service that began in 2001. The program is only for adults and offers a range of classes such as Domestic Violence Intervention, Parenting, Anger Management, Skill Building, Personal Development, Healthy Teens, and a course on aggressive driving prevention. At its inception, SYB was the only domestic violence intervention program in Santa Cruz County that met and exceeded the standards for such programs as established by California law. The SYB Domestic Violence Intervention Program is certified and reviewed by the Probation Department. SYB is a service-on-demand organization instituting new classes as necessary. SYB’s focus is educational rather than counseling. Assigned homework from facilitators includes reading assignments. Currently, SYB has fifty-five to sixty clients. More men than women attend the program. There is a separate class for women offenders. The majority of participants is not court ordered. Survivors are notified by mail that their partners are attending the program, and 21 California Penal Code § 1203.098. Domestic Violence in Santa Cruz County: - 69 survivors are invited to attend or receive information. However, few survivors attend classes with their partners. SYB referrals are from County Mental Health, Family and Children’s Services, University of California Santa Cruz, the Santa Cruz County Probation Department, and Criminal, Civil, Family Court, Family Court Services, and area businesses. In addition, SYB has printed materials and a web site. Classes vary in length. Materials and curriculum are predominately in English. The anger management and parenting curriculum are also in Spanish. If demand warranted, SYB would translate materials into Spanish. Funding is private, and SYB is self-sustaining. SYB programs are offered on a sliding scale of $20-50. The initial enrollment fee is $50. Class fees depend on the length of the class. If a client owes a balance of more than $100, he or she is barred from the next class. Batterers’ Intervention Program Findings 185. Exact statistics on the numbers of Spanish-speaking batterers in Santa Cruz County are not known.

According to Batterers’ Intervention Program administrators, the needs of the gay/lesbian/transgender community are not being specifically addressed in any of these five programs. A representative from WCS-DdM reported an increase in the number of lesbians seeking services for domestic violence. Response: The Probation Department DISAGREES. There are currently four domestic violence treatment programs: Alto, Fenix, PTA and Simply Your Best. Simply Your Best provides for the needs of our gay and lesbian community. The program has staff who identify themselves as gay and or lesbian, and the course material provided is specific to these needs. Response: ALTO Counseling Center AGREES. Some participants in ALTO’s program are openly gay, and counselors address those issues if and when they arise during the course of the program. However, ALTO does not “specifically” assess needs of these participants based on their sexual orientation.

Resources exist for men on probation for domestic violence, but currently, there is no state-certified program in local detention facilities. Response: The Santa Cruz County Board of Supervisors and the Probation Dept. DISAGREE. - 70 Domestic Violence in Santa Cruz County: The Santa Cruz County Probation Department has one program (Alto) which is certified and providing groups in the medium security jail. That program began in June of 2006. Response: Santa Cruz County Sheriff’s Office DISAGREES. As of F/Y 2006, the Rountree Facility offers a 52-week accredited domestic violence program for sentenced inmates. Response: ALTO Counseling Center PARTIALLY DISAGREES. At the time of the Jury’s inquiry there were no scheduled activities in detention facilities. PVPSA was facilitating meetings at the ROUNDTREE detention facility but meetings had been suspended. Since the time of the Grand Jury’s inquiry, ALTO has contracted with the Santa Cruz County Sheriffs Office to conduct Domestic Violence classes for men at the ROUNTREE facility. This began July 3, 2006 and two classes are now ongoing. The course curriculum is for 12 weeks. Men will receive credit for classes attended during their incarceration when they enroll in a certified DV program after release from custody.

Illiteracy is sometimes a problem for participants in Batterers’ Intervention Programs. These programs require written homework assignments. None of the Batterers’ Intervention Programs has tutors or other academic support to help clients with dyslexia or other learning disabilities. Response: The Probation Department PARTIALLY AGREES. Only two of the four programs require written assignments, and they are flexible with this request. For example, they will allow for AA/NA meeting attendance instead of written drug and alcohol assignments. Response: ALTO Counseling Center PARTIALLY DISAGREES. Although it is true ALTO does not provide tutors or academic support for clients, it must be acknowledged that ALTO does not require written homework as a requisite. Each participant’s ability to interact and benefit from the program is assessed at intake, i.e. the initial interview. Competency with academic skills is not necessary for successful completion of the program. Written or homework assignments are few, and assignments for any participant with a learning impairment are readily adapted to that person’s specific abilities.

According to Batterers’ Intervention Program administrators, alcohol and drug use are major problems related to domestic violence. Reportedly, eighty percent of men participating in Batterers’ Intervention Programs were abusing substances when the domestic violence incident happened. Domestic Violence in Santa Cruz County: - 71 Response: The Santa Cruz County District Attorney’s Office PARTIALLY AGREES. Alcohol and drug use is often a major component in domestic violence cases. The District Attorney's Office, however, does not have any information to substantiate the specific claims made by the participants of the Batterers' Intervention Programs.

According to a Batterers’ Intervention Program administrator, domestic violence intervention programs in the county compete for the same client population and do not systematically network. Response: ALTO Counseling Center PARTIALLY AGREES. Providers compete for the same clients, however there is some systematic networking. Santa Cruz is a small county and the population of batterer’s needing intervention is small as well. The Probation Department’s policy is to not limit the number of agencies or individuals who wish to become a domestic violence provider. Their stance is to let “market forces” work it out. However, when too many providers are serving a small population it becomes extremely challenging for each provider’s program to be fiscally and clinically sound. For example, serving a too small client population while also offering a sliding fee scale to zero makes it difficult to generate enough revenues to retain fulltime staff or to pay adequate wages to attract qualified clinicians. Such “economy of scale” dynamics compel agencies to cherish each referral to their program. That being said, I believe providers do strive to nurture relations between themselves informally, and in general have a good working knowledge of each other’s programs. Probation also schedules periodic provider meetings, and this enhances networking.

The fifty-two week Batterers’ Intervention Program must be completed before probation can be terminated. The program is considered a term of probation. Response: The Santa Cruz County Board of Supervisors and the Probation Department AGREE. In accordance with 1203.097 of the California Penal Code, the 52 week Domestic Violence Intervention Program must be completed before probation can be successfully terminated or allowed to expire. In some cases the Court may deem someone unsuitable for the program, and allow for some type of alternative such as individual counseling. Response: Santa Cruz County Sheriff’s Office AGREES. If the inmate is released prior to completing the 52-week program, the inmate can continue the program out of custody to complete the probation requirement. - 72 Domestic Violence in Santa Cruz County: ALTO Findings 192. ALTO has materials in both Spanish and English.

ALTO has approximately twenty-three employees including seven full-time and seven part-time certified drug and alcohol state-licensed staff. These staff members must take forty hours of continuing education units (CEUs) every two years to maintain their licenses. ALTO also uses interns.

ALTO’s success rate is about fifty percent for domestic violence program graduates. An ALTO administrator determines the success rate by manually tracking cases through the District Attorney’s Office and compiling statistics. The District Attorney’s Office does not provide statistics to ALTO. Determining the success rate of a program is used to adjust curriculum and teaching methods. Response: The Santa Cruz County Board of Supervisors: The County defers to the District Attorney to assess the accuracy of this finding. Response: The Santa Cruz County District Attorney’s Office PARTIALLY DISAGREES. The District Attorney's Office cannot verify ALTO's success rate for domestic violence program graduates. The District Attorney's Office does not provide statistics to ALTO, as our criminal case records are not public records. However, accurate information on Santa Cruz County criminal case dispositions is available to the public through the Santa Cruz County Superior Court Clerk's Office. The District Attorney's Office will assist ALTO on how to access this information in support of their efforts to determine their success rate. Fenix Findings 195. Fenix has over twenty years of experience in outpatient counseling. The domestic violence group facilitator has over twenty years of experience.

The state-certified Fenix domestic violence program serves the Spanish-speaking community. The program is fifty-two weeks in length, and there are consequences for absences and non-payment of fees.

The Fenix domestic violence program is self-supporting. MOAB Findings 198. MOAB has literature on anger management in both Spanish and English.

At present, MOAB does not receive public funding. Participants are requested to make a donation at each meeting. A portion of donations is given to the church in which they meet. In the past, MOAB received a grant from CPVAW to place an ad in Good Times. Domestic Violence in Santa Cruz County: - 73 200. MOAB is not a state-certified program and does not formally coordinate with other agencies that deal with domestic violence. Pacific Treatment Associates Findings 201. The state-certified PTA domestic violence program has been in existence since 1991. Most of the domestic violence staff have Master’s degrees and appropriate training. PTA is a for-profit organization and does not receive or apply for grants. Its focus is educational. Court-referred participants experience consequences for not following the program guidelines.

Once a client’s probation is completed, PTA does no formal follow up. There is no established avenue for PTA to receive status reports from the District Attorney’s Office. PTA informally asks participants for information on their progress but cannot always verify facts. Response: The Santa Cruz County District Attorney’s Office neither AGREES nor DISAGREES. The District Attorney's Office has no information as to how PTA conducts their follow up procedures. There is presently no established avenue for PTA to receive status reports as the District Attorney's Office investigative records and offenders' criminal histories are not public records. In addition, both offenders and victims have certain rights of privacy. Thus, information from our case files is not generally available to administrators of programs or any other member of the public. However, information about case dispositions and other court actions can be obtained from the Superior Court. Thus, the same information that we obtain from the courts is directly accessible to others, including PTA. The District Attorney's Office can assist PTA on how to access this information. Response: The Santa Cruz County Board of Supervisors: The County defers to the District Attorney to assess the accuracy of this finding. Simply Your Best Findings 203. SYB staff are trained and certified human development professionals and anger management consultants. Five of the staff have backgrounds in education. Independent contractors have Master’s degrees in education. Three of the facilitators are bilingual. The director’s background is in education and counseling.

Court referrals to SYB pay on a sliding scale, and progress reports are sent to the referring agency. Clients may be concurrently attending Alcoholics Anonymous or Narcotics Anonymous and must obtain a signature for attendance. An unexcused absence can be cause for removal from the program. In the fifty-two-week program, participants can have five excused absences and are terminated if a sixth occurs. - 74 Domestic Violence in Santa Cruz County: Clients must pay a class fee for absences. Not completing a homework assignment is considered an absence.

SYB is developing a relapse prevention program. A program representative stated that follow-up is important to find out if skills learned by participants are actually being used with positive results. Conclusions 206. Valuable volunteer and paid staff time is taken up by tracking cases when those statistics could be provided by the District Attorney’s Office. Knowing case dispositions assists state-certified Batterers’ Intervention Programs evaluating and improving the success of their programs.

The domestic violence intervention community should coordinate efforts to ensure that all segments of society are served and that services are not duplicated. Response: The Probation Department: This recommendation will be implemented for those portions of the domestic violence community under the jurisdiction of the County. Response: ALTO Counseling Center AGREES. To support this recommendation, ALTO will continue to participate in all provider meetings coordinated by Probation. We also will continue to submit monthly statistics - 76 Domestic Violence in Santa Cruz County: to the Santa Cruz Domestic Violence commission reporting the number of enrollments, completions, and successful vs. unsuccessful discharges. ALTO also has established close working relations with Pacific Treatment in which we share curriculum resources and staff facilitators. We also have close relations with Fenix, the south county provider, as we are part of the same agency and utilize the same administrative and clinical resources. ALTO serves both English and Spanish clients in Santa Cruz, and our sister component, Fenix, provides services to these populations is Watsonville. We will review our intake documentation to ensure that special needs are identified and resources are presented to the participant at time of entry. We will also continue to ensure program content is sensitive to special needs groups, and are open to providing specific focused groups as the client economy of scale may allow.

The County of Santa Cruz and Batterers’ Intervention Programs should work to ensure adequate services to Spanish-speaking batterers. Response: The Probation Department: This recommendation will be implemented. Two of the four existing programs currently provide services to Spanish speaking clients, and a third program is in the process of beginning groups in Spanish. The Probation Department will monitor and encourage adequate services to Spanish speaking clients. Response: ALTO Counseling Center AGREES. We support the recommendation that providers must continue efforts to ensure this population is served. It appears that current services to Spanish-speaking batterers seem to be adequate in male populations, at least in the Santa Cruz area. For example, the number of Spanish speaking groups ALTO provides is based upon the number of clients requesting enrollment, and currently ALTO operates only two groups per week. There have never been enough Spanish speaking referrals for ALTO’s Santa Cruz program to add more groups. We do not know if this is due to Probation or the Court’s lack of prosecuting or referring clients, or if there just are not that many Spanish cases in Santa Cruz. However, we are open to increasing services in the future, and have two certified Spanish speaking Domestic Violence facilitators on staff to accommodate clients as referrals may dictate.

The Santa Cruz County Sheriff’s Office and Batterers’ Intervention Programs should work to ensure improved services for incarcerated batterers. Response: Santa Cruz County Sheriff’s Office AGREES. This recommendation has been implemented. Domestic Violence in Santa Cruz County: - 77 Response: ALTO Counseling Center AGREES. At this time ALTO has contracted with the Santa Cruz County Sheriff’s Department to provide two groups per week for incarcerated batterers at the men’s ROUNDTREE detention facility. Groups started on 7/5/06, and the contract commitments ALTO for the fiscal year 05-06. We agree that this intervention is important to continue, and we will remain available to continue this service into the future.

Batterers’ Intervention Programs should consider providing academic support for participants with learning disabilities. Response: The Santa Cruz County Board of Supervisors and the Probation Dept.: Batterer’s Intervention Programs are not under the County’s jurisdiction. However, the Probation Department will convey this need/concern to the four certified treatment programs. Response: ALTO Counseling Center DISAGREES. It is agreed that academic support for participants with learning disabilities would be beneficial. However, our experience has shown that there have been very few participants if any in our program whose academic abilities impaired them from benefiting as fully as other participants. This is due in part because the program curriculum is designed to not have academic demands. ALTO has a comprehensive program curriculum that meets State and Probation requirements and that does not place academic stress on any participant. In support of this recommendation, ALTO will continue to tailor its program content and process to meet all participants’ academic levels. It needs to be noted there are no funding resources available such services. Domestic Violence programs are client-fee driven only: i.e. funds to provide service come only from client fees. It is extremely difficult to manage program revenues in the face of dropout levels and small program populations. Enrollments are already so low that it is difficult to meet budget expectations. This is due partly to Santa Cruz being a small county and in part due to the number of providers offering services to the same population. Often the program budget barely breaks even with administrative and clinical costs, but often revenues collected do not meet actual expenses. It is unrealistic to expect providers to provide specialized services without funding other than client fees.

Batterers’ Intervention Programs should explore the need for programs for gay, transgender, or lesbian batterers. Response: The Probation Department: - 78 Domestic Violence in Santa Cruz County: Batterer’s Intervention Programs are not under the County’s jurisdiction. However, it is noted that Simply Your Best currently provides for this need. The County will convey this need/concern to the three other batterers’ programs. Response: ALTO Counseling Center AGREES. ALTO continues to ensure program content and process is sensitive to special needs groups, and we are open to providing specific focused groups as client economy of scale may allow. As noted in Recommendation 2 ALTO is reviewing its intake documentation to better identify needs and resources for LGBT individuals. ALTO staff also completes 7 hours of Cultural Competency training annually including LGBT issues and needs.

Advisory bodies and domestic violence providers should put continuing emphasis on drug and alcohol issues. Response: ALTO Counseling Center AGREES. ALTO has over 28 years of experience providing drug and alcohol treatment in Santa Cruz County. Drug abuse education is in integral part of our Domestic Violence curriculum. We have a specific focus on denial dynamics, and our facilitators are certified drug and alcohol counselors in addition to being domestic violence certified. Additionally, we have the ability to “fast track” individuals who need assistance into our affordable recovery outpatient counseling program. This allows for continuum of treatment and comprehensive care.

Advisory bodies and domestic violence intervention providers should share program information, experience, and referrals in a systematic manner. Response: ALTO Counseling Center AGREES. ALTO participates in all provider meetings coordinated by Probation. We also continue to submit monthly statistics to the Santa Cruz Domestic Violence commission regards number of enrollments, completions, and successful vs. unsuccessful discharges. We share training resources, curricular content, video materials and file maintenance protocols with Fenix, and are open to participating in developing ways that this may be done between all providers.

ALTO is to be commended for its work in assisting participants through their recovery from drugs, alcohol, and violent behavior.

Fenix is to be commended for its dedication and service to the Spanish-speaking community. Domestic Violence in Santa Cruz County: - 79 227. MOAB facilitators are to be commended for their long-standing dedication in volunteering to support batterers in eliminating their violent behaviors through peer support and suggested behavorial changes.

MOAB should consider outreach to and coordination with other domestic violence intervention providers. Graduates of other programs could be referred to MOAB as a source of continuing support.

PTA should be commended for hiring qualified and credentialed staff.

PTA should be commended for providing a valuable resource to assist the community in ending domestic violence.

SYB should be commended for hiring qualified and credentialed staff.

SYB should be commended for its continuing dedication to improving its curriculum to try to address all components that lead to domestic violence and for providing a valuable resource to the community. - 80 Domestic Violence in Santa Cruz County: Responses required Entities Findings Recommendations Respond Within Santa Cruz County 3, 7, 10, 18 1 60 Days Board of (September 1, 2006) Supervisors Santa Cruz County 2, 3, 4, 7 2, 3, 5, 6 90 Days Probation (October 1, 2006) Department Santa Cruz County 3, 7 4 60 Days Sheriff-Coroner (September 1, 2006) Santa Cruz County 5, 10, 18 1 60 Days District Attorney (September 1, 2006) Responses requested but not required Entities Findings Recommendations Respond Within ALTO 2 - 4, 6 2 - 8 90 Days (October 1, 2006) Fenix 2 - 4, 6 2 - 8 90 Days (October 1, 2006) MOAB 2 - 4, 6 2 - 8 90 Days (October 1, 2006) Pacific Treatment 2 - 4, 6 2 - 8 90 Days Associates (October 1, 2006) Simply Your Best 2 - 4, 6 2 - 8 90 Days (October 1, 2006) Domestic Violence in Santa Cruz County: - 81 This page intentionally left blank. - 82 Domestic Violence in Santa Cruz County: To Serve and Protect: What’s Law Got To Do With It? The Legal System Law Enforcement Protocol California Penal Code22 defines a domestic violence offender as follows: Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment. Interviews were conducted with five local law enforcement agencies regarding their protocol in responding to domestic violence calls. The five agencies interviewed were the City of Santa Cruz Police Department, the Santa Cruz County Sheriff’s Office, Scotts Valley Police Department, Capitola Police Department, and the Watsonville Police Department. Additionally, interviews were conducted with representatives from the Santa Cruz County District Attorney’s Office, the Family Law Facilitator, and the Santa Cruz County Probation Department. Law enforcement agency representatives stated that they follow the countywide Domestic Violence Protocol for Law Enforcement, Santa Cruz Law Enforcement Chief’s Association, last updated in May 2002. Listed below are procedures that all interviewed law enforcement agencies are to follow when responding to a domestic violence call. When responding to a domestic violence call, the dispatcher verifies whether a restraining order has been issued by contacting the California Law Enforcement Telecommunication System (CLETS). All restraining orders issued are entered into CLETS. Prior to arriving at the scene of a domestic violence call, the responding officer receives all pertinent information about the reported incident from the dispatcher. The dispatcher is responsible for obtaining as much information from the caller as possible to assist the officer. The officer is fully informed about: the address of the incident; the reporting party; summary of the event; the need for an ambulance; presence of a suspect; if weapons are involved or present in the home; if there is a suspicion of drugs or alcohol; the presence of children at the scene; if a restraining order is on file; and the criminal status of the suspect. Jurisdiction is determined by location of incident. California Penal Code § 273.5, subdivision (a), Felony to Inflict Corporal Injury on Current or Former Spouse or Cohabitant; Conditions of Probation. Domestic Violence in Santa Cruz County: - 83 Once an officer has arrived at the scene, he or she determines: the location of the victim, suspect, and any witnesses; if weapons are in the home or involved in the incident; if there are any injuries so aid may be provided; and the need to separate victim, witnesses, and suspect. An audio tape recording is used to memorialize the interviews. When conducting interviews with the victim and perpetrator, officers observe the following: victim’s and suspect’s conditions and demeanors, including victim’s emotional state, torn clothing, condition of make-up, and any injuries. If it is difficult for the officer to determine which party is the victim, the officer must establish: which party is in actual fear of the other; whether one party escalated the level of violence, i.e., did one party retaliate to a provocation; who made the 911 call; a comparison of victim’s and perpetrator’s physical appearances; any history of violence by one of the parties against the other, if one party is usually the aggressor; and, if there are injuries, do they appear to be defense wounds. The officer should obtain a photograph of the suspected perpetrator and have the victim identify that person as being the person who committed the acts described. By having the victim positively identify the person, the case can proceed without the victim if that becomes necessary. The officer obtains a copy of the restraining order, if any, and verifies proof of service. If there is no restraining order on file, the victim is advised how to obtain one. The officer also has the authority to issue an Emergency Protective Order (EPO) for the victim if requested. The EPO will provide the victim protection for five days, sufficient time to obtain a Temporary Restraining Order (TRO). If there is a restraining order on file that has not been served, the officer informs the restrained person of the order and its terms. There are two avenues to verify the existence of the order; the protected person produces a copy of the order, or the officer verifies the existence of the order by contacting the dispatcher. The restrained person can be served with the restraining order by the investigating officer. In that case, the officer completes a proof of service and files it with the Superior Court. The victim is advised of the following: he or she has a right to request confidentiality pursuant to Penal Code § 293 and Government Code § 6524(f); and prosecution of the suspect is the decision of the District Attorney’s Office. The victim should never be asked if he or she wishes to “press” or “drop” charges or if he or she will cooperate in the prosecution of the offender. The officers supply victims with an Emergency Resource Card. The Emergency Resource Card is in both English and Spanish and lists contact information for: - 84 Domestic Violence in Santa Cruz County: all advocacy groups; Victim Witness Assistance; health care providers; Child Protective Services; Adult Protective Services; Santa Cruz City Commission for the Prevention of Violence Against Women; and definitions of sexual assault and domestic violence. Additionally, victims of domestic violence can contact Victim Information and Notification Everyday (VINE) to obtain offender information. This service is a free, twenty-four telephone service that allows the victim to check on the custody status of an offender in the Santa Cruz County Jail. The victim can register for automatic notification when an inmate is released, transferred, or escapes. This service is provided through the Santa Cruz County Sheriff’s Office. The officer shall follow his or her department’s procedure for notifying an advocacy agency to provide telephone, or in-person, crisis support for the victim. Most law enforcement agencies have a memorandum of understanding with an advocacy agency to provide twenty-four hour crisis support. Once the above procedures have been followed with the victim, the suspect is taken into custody. The suspect is read his or her Miranda rights, and evidence is collected. The officer prepares a crime report, which includes the Domestic Violence Incident Report form. The officer, in preparing the report, must maintain objectivity in reporting and avoid personal opinions regarding comments from victim or suspect. The Domestic Violence Incident Report form is used by all local law enforcement agencies. The Domestic Violence Protocol for Law Enforcement also includes: a policy statement definitions mandatory reporting of domestic violence by health care providers 911 operator/dispatcher response procedure for follow-up investigation enforcement of restraining orders victim assistance training “officer involved” cases (a domestic violence allegation involving a peace officer) Additionally, the protocol directs each agency to develop a policy of report writing to classify whether the situation is a crime, an incident, or for information only. Reports are forwarded to the District Attorney’s Office. All agencies interviewed indicate that a “pro arrest policy” exists within the county. A “pro arrest policy” refers to a philosophical position in which physical arrest is encouraged in every situation where an arrest is legally permissible. Domestic Violence in Santa Cruz County: - 85 Four out of the five law enforcement agencies contact an advocate from the Women’s Crisis Support-Defensa de Mujeres (WCS-DdM) to assist victims. The City of Santa Cruz Police Department is the only agency with an in-house advocate who is a full-time employee, on-call twenty-four hours a day, seven days a week and who regularly attends Domestic Violence Commission meetings. Santa Cruz County Sheriff’s Office has created a protocol specifically for sexual assaults. This department gives training to WCS-DdM; it is a two-hour training that is conducted twice a year. Sergeants receive training updates through the District Attorney’s Office and also attend seminars and conferences with the encouragement of the department. The Sheriff’s Office receives approximately 357 domestic violence calls a year. Santa Cruz County Sheriff’s Office uses the “Tiburon” interagency communication system to obtain information on suspects. All other county law enforcement agencies use the “Alliance” interagency communication system that allows each agency to share and access information. Law enforcement agencies did not see the different communication systems as an obstacle to obtaining information through CLETS. All other law enforcement agencies interviewed receive training from WCS-DdM, attend seminars and conferences specific to domestic violence, and meet with advocates from WCS-DdM. The Court Process Once an individual has been arrested, the arresting agency prepares a report and forwards it to the District Attorney’s Office for review and filing. The District Attorney has forty- eight hours to file charges against the alleged perpetrator. The decision to file a case is determined by the supervising Assistant District Attorney or the District Attorney based on a preponderance of evidence. Filed case statistics, as well as “no file” cases, are entered into a database system known as the “Damien” system. These statistics are provided to the Domestic Violence Commission for its annual report. Additionally, a Victim Witness Assistance representative receives a copy of the police report and contacts the victim to assess needs. The victim is eligible to receive relocation money and counseling. Victim Witness Assistance has two counselors in Santa Cruz, one in Watsonville, and volunteers. Domestic violence cases are handled by the “Family Protection Unit” within the District Attorney’s Office. Currently, there are three Assistant District Attorneys in this unit with one supervisor. Of the three, one bilingual Assistant District Attorney splits time between the Santa Cruz County Courthouse and the Watsonville Courthouse. Training is provided through the California District Attorney’s Association and is offered twice a year. However, an Assistant District Attorney initially assigned to the Family Protection Unit is not required to have a background in prosecuting domestic violence cases. Training occurs during that Assistant District Attorney’s assignment, and on-the-job training is considered invaluable. Domestic violence cases are described as being the most difficult to prosecute. Currently, there are twenty-five to thirty cases for each of three Assistant - 86 Domestic Violence in Santa Cruz County: District Attorneys. Most cases do not reach the trial stage. A plea bargain is common. Probation is used more often in sentencing than incarceration. The Family Protection Unit of the District Attorney’s Office relies on the arresting agency to follow protocol in writing reports and collecting evidence. As much evidence as possible must be collected. Tape recording, as well as taking photographs, is essential in prosecuting these cases successfully. Grant monies are sought by and awarded to the District Attorney’s Office. Common funding sources are: Violence Against Women (VAWA); California Spousal Abuser Prosecution Program (SAPP), established by California Penal Code § 273.8 and the 1994 Battered Women’s Protection Act; and the Office of Emergency Services. Assistant District Attorneys in the Family Protection Unit do not participate in the grant-writing process and do not receive progress reports subsequent to grant implementation. It was announced at the January 2006 DVC meeting that the District Attorney’s Office had been awarded a three-year $300,000 grant. The grant was to provide funding for the South County District Attorney’s Office to employ a Spanish-speaking Assistant District Attorney, Investigation Inspector, and support staff to help Latino victims of domestic violence. The positions have yet to be filled. In addition, the District Attorney’s Office has received grant monies ($70,000) from the Violence Against Women Vertical Prosecution Program. The grant is called “No Mas” and is also proposed to partially fund a prosecutor, investigator, and advocate, all of whom would be Spanish speaking, for the Watsonville office. Outreach to the community will emphasize the fact that immigration status is irrelevant to the prosecution of domestic violence crimes. Performance timelines for the grants are not known. Since November 2005, approximately three hundred domestic violence related cases have been heard by the courts. The Family Protection Unit has the highest caseload of any felony or misdemeanor unit in the District Attorney’s Office. Domestic violence cases are difficult and time intensive for the District Attorney’s Office to prosecute partly because there are no mandatory sentencing requirements. While a sexual assault case may have strict sentencing mandates, the charge in domestic violence cases could be reduced from a felony to a misdemeanor by the presiding judge. According to a District Attorney’s Office representative, sexual assault in domestic violence cases is rarely reported. If a victim were to report sexual assault rather than a slap or push, the prosecution of the domestic violence charge could carry a more severe sentence. Domestic violence cases are also difficult because of the emotional issues present. Approximately, eighty percent (80%) of domestic violence victims recant or are uncooperative in the prosecution process. Nevertheless, even if a victim recants, the case can go forward without his or her cooperation. Although a batterer is rarely female, there are currently three cases pending in which a female perpetrator is being charged with domestic violence. Gay/lesbian/transgender cases are rare. The victim commonly chooses an advocate from WCS-DdM or WAWC to assist her through the court process. That advocate attends all court proceedings to support the Domestic Violence in Santa Cruz County: - 87 victim. Additionally, the advocate communicates with the prosecuting Assistant District Attorney to keep the victim informed as to the case status. A victim can obtain a temporary or permanent restraining order by contacting the WCS- DdM, the Family Law Facilitator, WAWC, or by retaining an attorney. Additionally, WCS-DdM and WAWC provide assistance by guiding victims of domestic violence through the paperwork and court process. Once a restraining order is issued, the court clerk is responsible for entering it into CLETS. An advocate will assist the victim in obtaining and serving a temporary restraining order and will attend all court hearings to make sure the final orders are processed and served on the perpetrator. The Family Law Facilitator has been in existence since 1977. This free service assists people attempting to obtain court orders for divorce, domestic violence concerns, and child support matters. The two facilitators, who are attorneys, do not represent these individuals in court. The facilitator’s office is located in the county building, and individuals are seen on a first-come, first-served basis. The facilitator sees individuals at the Watsonville courthouse on Thursdays. One part-time facilitator is bilingual. Three volunteer attorneys who work four hours per week are basically training in family law practice. University of California Santa Cruz interns also assist in the facilitator’s office for approximately three months. The office receives about 2,000 calls a month and assists approximately ten to thirty people a day, five days a week. When a victim has requested a temporary restraining order and the perpetrator has been served, the victim must then go to court to obtain the restraining order. Typically, the final restraining order is valid for three years from the date it is issued and can be renewed by making an application to the court. A temporary restraining order protects the individual for approximately twenty days. The term of this temporary order can be extended by a judge if the protected person cannot locate and serve the perpetrator. Once the perpetrator has been served, the victim, or his or her legal representative, and the perpetrator must appear before a judge of the Superior Court. The perpetrator has a right to respond to the allegations in the victim’s temporary orders, and it is up to the judge to review and process both the allegations and responses. A judge reads both declarations prior to the court hearing and attempts to determine exactly what occurred. If, at the end of the hearing, the judge concludes that a CLETS Order After Hearing (DV-130) should be issued, one is prepared and then must be served on the perpetrator. If the perpetrator is present in court at the time of the issuance of the restraining order, service is effective immediately. If the perpetrator is not present in court, service of the restraining order on the perpetrator is required. A peace officer, or any person not a party to the action, can serve the perpetrator with the order and file the proof of service with the Superior Court Clerk’s Office. The clerk then enters that information into the CLETS database. Violation of the restraining order is a crime. The Santa Cruz County Probation Department provides information and recommendations for sentencing purposes. Approximately 5,000 adult cases are currently divided among 100 to 120 staff. In the beginning of 2006, 122 of those cases were domestic violence cases. - 88 Domestic Violence in Santa Cruz County: When a person has been convicted of a domestic violence crime, that individual must enroll in and complete a fifty-two week Batterers’ Intervention Program as a term of his or her probation. The batterer’s attendance and participation is monitored by court review and agency calls. Additionally, the Probation Department certifies programs for batterers and makes referrals for batterers and their victims. The Probation Department reviews the curriculum of the program to ensure that it conforms to state mandates. When a probationer is first enrolled in the program, that individual meets weekly with an assigned officer, then monthly, and finally, every three months. Findings Representatives from all interviewed law enforcement agencies state that their agencies follow the countywide Domestic Violence Protocol for Law Enforcement - Santa Cruz County Law Enforcement Chief’s Association. Victims are given an Emergency Resource Card that includes a referral to advocacy agencies. An officer responding to a domestic violence call can provide the victim with an Emergency Protective Order that allows the victim sufficient time to obtain a temporary restraining order. Once a restraining order has been issued, the Court Clerk’s Office is responsible for entering all restraining orders in CLETS. Law enforcement agencies can then access this system when responding to a domestic violence scene. Each agency incorporates the Domestic Violence Incident Report form in its crime report. All law enforcement agencies indicated that they have a “pro arrest” policy. Representatives from all interviewed law enforcement agencies state that their agencies stay current on changes in the community by meeting with local advocacy groups. Response: The Capitola Police Department AGREES. The various domestic violence advocacy groups routinely travel to the different law enforcement agencies to provide in-service training. At these meetings, normally conducted during patrol briefings, matters of importance such as domestic violence law, policy and procedure, the dynamics of domestic violence, investigative techniques, and training updates are discussed. Input is always exchanged and the advocacy group spokesperson leaves no question unanswered. Business cards and personal contact information is exchanged and law enforcement is told to call any time there is an unresolved issue. The advocates are well versed in their area of expertise and provide a vital communication pathway for all agencies involved in the mitigation, prevention, response, and prosecution of domestic violence. Domestic Violence in Santa Cruz County: - 89 Response: The City of Santa Cruz Police Department AGREES. The City of Santa Cruz Police Department is currently contributing to the County Domestic Violence Task Force. It also regularly communicates with other victim advocacy organizations. Response: The Scotts Valley Police Department AGREES. Response: Watsonville Police Department AGREES. Response: The Santa Cruz County Sheriff’s Office AGREES. Sheriff Steve Robbins is a commissioner on the Santa Cruz County Domestic Violence Commission. This commission is comprised of representatives of local law enforcement, victim advocacy groups, the Public Defender’s Office, Judiciary and the community at large. This commission meets on a regular basis. The Santa Cruz County Sheriff’s Office meets with WCS-DdM and WAWC for training purposes. Sergeants also receive training updates through the District Attorney’s Office. Response: The Santa Cruz County Sheriff’s Office PARTIALLY AGREES. The Sheriff’s sergeant that supervises the Domestic Violence Unit (DVU) has, in conjunction with the District Attorney’s Office (DAO) Family Protection Unit (FPT) supervisor, provided training to advocacy groups upon request. The DVU sergeant also coordinates with the DAO to provide update training to Sheriff’s Office staff. This response pertains only to the DVU. The Sheriff’s Sex Crimes Unit has such components in their protocols dealing with sexual assault cases. The City of Santa Cruz Police Department has an in-house advocate who is on-call twenty-four hours a day, seven days a week. All other agencies contact local advocacy groups for victim assistance/support. Response: The Capitola Police Department AGREES. The Capitola Police Department participates in a team approach, which affords women victims of domestic violence direct access to support advocacy. The domestic violence Crisis Response Team (CRT) Advocate is activated when a crime occurs between two individuals who are involved in a current or past intimate relationship. A Women’s Crisis Support (WCS) advocate is always available. Response: The City of Santa Cruz Police Department AGREES. - 90 Domestic Violence in Santa Cruz County: The City of Santa Cruz Police Department has in-house victim advocate who is on call twenty-four hours a day, seven days a week, to assist victims of violent crimes. Response: The Scotts Valley Police Department AGREES. Response: Watsonville Police Department AGREES. Response: The Santa Cruz County Sheriff’s Office AGREES. All deputies are trained to make an advocate available to all domestic violence victims at the time of the initial investigation of a domestic violence incident. A VINE information card, prepared by the Santa Cruz County Sheriff’s Office, is not being distributed to victims by any of the law enforcement agencies. Response: The Capitola Police Department PARTIALLY DISAGREES. Speaking solely for the Capitola Police Department, the VINE information card has been given to the victims of domestic violence when supplies were available. However, more VINE information cards have been produced for distribution along with a domestic violence information triptych. Also, a link to VINE information, provided by the Santa Cruz County Sheriffs Department Detention Bureau, has been placed on the City of Capitola Police Department website. Response: The City of Santa Cruz Police Department DISAGREES. The City of Santa Cruz Police Department already places VINE information on its victim resource card. This card is required to be distributed to all domestic violence victims per department policy. Response: The Scotts Valley Police Department AGREES. The Scotts Valley Police Department disperses a Scotts Valley Community Resource Card (both Spanish and English). The resource card has a comprehensive referral list for county services, including VINE, WCS, local hospitals etc. The card also contains comprehensive information regarding sexual assault, domestic violence, court orders, and victim rights. This comprehensive card eliminates the need to shower crime victims with multiple information pamphlets. Response: Watsonville Police Department PARTIALLY AGREES. The Watsonville Police Department has requested the cards from the Santa Cruz County Sheriff’s Office Jail. Response: The Santa Cruz County Sheriff’s Office PARTIALLY AGREES. Domestic Violence in Santa Cruz County: - 91 The DVU sergeant, who reviews all domestic violence reports generated by Sheriff’s personnel, has recently noted that VINE information cards are not distributed on a routine basis. The Sheriff’s Office has VINE information cards readily available for distribution to victims. The DVU sergeant will provide additional training to staff regarding the VINE system and its availability to domestic violence victims. According to a representative from the District Attorney’s Office, the Family Protection Unit relies on the arresting agency to follow protocol in collecting evidence. Tape recording, as well as taking photographs, is essential in prosecuting domestic violence cases successfully. The domestic violence protocol states that an audio tape recording is to be used to memorialize interviews. Response: The Capitola Police Department AGREES. During the first of the year 2006, The Capitola Police Department conducted an internal quality control audit of all domestic violence related arrests and incidents. The audit revealed a number of officers were not recording on-scene domestic violence calls. It was determined the primary causes for this failure was the officers either did not have working recorders or were not assigned one because of budget constraints. These issues are being resolved by reviewing policy and procedures during patrol briefings and with the coming of fiscal year 2007 new recorders are being purchased and issued to patrol officers. Response: The City of Santa Cruz Police Department AGREES. The City of Santa Cruz Police Department follows the protocol developed by the Santa Cruz County District Attorney’s Office in regards to the collection of evidence in domestic violence cases. Response: The Scotts Valley Police Department AGREES. Scotts Valley Police Officers carry cassette recorders to record interviews. Response: Watsonville Police Department AGREES. Response: The Santa Cruz County Sheriff’s Office AGREES. This year the Santa Cruz County Sheriff’s Office purchased digital recorders for patrol staff to assist in gathering a better record of the victim’s original statement during the initial phase of the investigation. Response: The Santa Cruz County District Attorney’s Office AGREES. Domestic violence cases can be very difficult to successfully prosecute. In many instances, there are no independent witnesses, the victim often recants, and sometimes there are initial delays in reporting the crime. Collecting evidence, - 92 Domestic Violence in Santa Cruz County: including the use of photography when appropriate, and memorializing victim and witness interviews by actual tape recordings and videotapes is critical for a successful prosecution. The District Attorney's Office continues to train law enforcement on how to properly investigate domestic violence cases. Moreover, the District Attorney's Office believes that the county and city governments should provide additional funding so that law enforcement has additional detectives to provide a countywide team exclusively to investigate domestic violence cases. This team would be comprised of victim advocates and specialized interviewers trained in the domestic violence protocol. This team would also conduct all interviews by the use of videotape equipment to memorialize the witness statements. According to a representative from the District Attorney’s Office, Santa Cruz County Sheriff deputies do not always record interviews when responding to a domestic violence call. Response: The Santa Cruz County Sheriff’s Office PARTIALLY AGREES. The Sheriff’s Office addressed this by providing staff with more reliable digital recording equipment but there are instances where recording equipment malfunctions on occasion. Victims who recant do not stop or prevent the prosecution of the batterer. Response: The Santa Cruz County District Attorney’s Office PARTIALLY DISAGREES. In some circumstances a recanting victim can seriously hinder or possibly prevent the prosecution of a domestic violence case. Some victims do not show up for trial or refuse to testify at the time of trial. Because of a recent Supreme Court case, Crawford v. Washington, victimless prosecution has been dealt a severe blow. If the victim does not testify, the prosecution may be forced to dismiss the case due to the lack of admissible evidence. However, the District Attorney's Office continues to emphasize investigation and prosecution techniques that serve to corroborate the events regardless of whether the victim may later recant their original report to law enforcement. WCS-DdM, the Family Law Facilitator, and WAWC assist individuals seeking protection through the court process. According to a representative from the District Attorney’s Office, that office has no set procedure for communicating with local advocacy groups. The District Attorney’s Office is aware of these services and appreciates an advocacy presence in the courtroom on behalf of the victims. The majority of their contact with these agencies is to supply copies of restraining orders and updates of the batterer’s case. Case information is public record. Domestic Violence in Santa Cruz County: - 93 Response: The Santa Cruz County District Attorney’s Office DISAGREES. The District Attorney's Office strongly believes that victim advocacy is an integral part of the criminal justice system and the prosecution of domestic violence. The rights of victims are so important that the District Attorney's Office houses three full-time advocates and three full-time victim claim representatives, including several volunteers. Local advocacy groups are in constant contact with the District Attorney's Office on a day-to-day and case-by-case basis. The Assistant District Attorneys are trained by both local advocacy groups and by our own victim witness program. Furthermore, the District Attorney's Office participates in training the advocates of each local advocacy group twice a year. Within the District Attorney’s Office, the Family Protection Unit, consisting of three attorneys and one supervisor, has the highest caseload in the District Attorney’s Office. Response: The Santa Cruz County District Attorney’s Office DISAGREES. The Family Protection Unit is a highly specialized unit of Assistant District Attorneys who have had intensive training on how to prosecute domestic violence cases. Although the District Attorney's Office is always asking for additional resources from the County to hire more attorneys, there are five Assistant District Attorneys, i.e., almost 15% of the attorneys in the office, who presently handle domestic violence cases. The District Attorney's Office gives priority to the prosecution of domestic violence and has always assigned enough personnel to keep the attorneys' caseloads manageable. Because of the number of Assistant District Attorneys assigned to domestic violence cases, their actual caseload is significantly lower than the caseloads of Assistant District Attorneys who handle general felonies, drug cases, and misdemeanors. The Grand Jury has been informed that a need exists for Spanish speaking Assistant District Attorneys, investigators, and advocates. Response: The Santa Cruz County District Attorney’s Office AGREES. The District Attorney agrees that all law enforcement agencies need Spanish speaking professionals to deal with our increasingly diverse population. Although the District Attorney's Office already has some Spanish speaking attorneys, investigators, and advocates, we are aggressively recruiting more. The District Attorney's Office is also hosting our first diversity recruitment fair in October 2006 to seek out Spanish speakers who wish to become Assistant District Attorneys. The “No Mas” grant is intended to pay for a Spanish-speaking Assistant District Attorney, investigator, and victim advocate. Sixty percent of the cases filed are from - 94 Domestic Violence in Santa Cruz County: the Latino community in the City of Watsonville. Response: The Santa Cruz County District Attorney’s Office PARTIALLY AGREES. The No Mas grant is intended to partially pay for a Spanish speaking Assistant District Attorney, investigator, and victim advocate. One hundred percent of the cases filed under the No Mas grant are from the Latino community in the City of Watsonville. According to the “No Mas” grant application, key factors that contribute to domestic violence include: high unemployment (sixteen percent), a large population of young people, low educational attainment, substance abuse, and poverty. Response: The Santa Cruz County District Attorney’s Office AGREES. Victim Witness Assistance, located in the District Attorney’s Office, reviews police reports and contacts victims to provide financial assistance and counseling. Superior Court Judges issue temporary restraining orders, as well as process a case to its completion. Judges hearing criminal cases will review a family court file if children are involved. When interviewing law enforcement agencies, a concern was raised as to differences in restraining orders issued on the same case in both criminal court and family court. The protected person may have exceptions contained in a family law-issued restraining order that would not be reflected in the criminal restraining order due to child visitation outlines. When children are involved, the CLETS Order After Hearing (Form DV-130) has a provision that alerts the responding officer that there is a child visitation agreement out of family court. Response: The Capitola Police Department PARTIALLY AGREES. Even though CLETS does alert officers to visitation agreements, once on-scene of a domestic violence call, and at the request of the defendant and/ or plaintiff, the officer is often faced with having to wade through recent and past judicial orders, mediation agreements, custody orders and the like to ensure they are taking correct action. The Capitola Police Department strongly urges all Judicial Officers make every effort to use unambiguous and unequivocal wording in all judicial decrees and coordinate orders thus minimizing confusion for the patrol officer. Response: The City of Santa Cruz Police Department AGREES. Better synchronization needs to occur between family court and criminal court orders and CLETS entries. Domestic Violence in Santa Cruz County: - 95 Response: The Scotts Valley Police Department AGREES. The DV-130 form alerts officers under section nine (9) “Child Custody and Visitation” with a reference to Form DV-140. The DV-130 form outlines under section twenty-six (26) “Conflicting Orders” with information on which court orders take precedence over others. Response: Watsonville Police Department AGREES. Response: The Santa Cruz County Sheriff’s Office DISAGREES. Although it is possible to have different or conflicting terms in protective orders issued to the same parties in a criminal case and out of a family law court, the law is clear. PC 136.2(e)(2) dictates that a protective order issued in a criminal case takes precedence in enforcement over any conflicting civil court order. Further, PC 136.2 dictates that an Emergency Protective Order (EPO) that is in effect between the same parties takes precedence over all other restraining orders. Representatives from the District Attorney’s Office and the Probation Department state that these offices have excellent communication and are working closely to ensure that batterers complete the requirements of Batterers’ Intervention Programs. Response: The Probation Department AGREES. Response: The Santa Cruz County District Attorney’s Office AGREES. According to the Probation Department, lack of resources to help domestic violence offenders make improvements in their lives is a continuing concern. Children who have witnessed violence in the home can become victims or violent themselves. Response: The Probation Department AGREES. The State Attorney General’s Task Force Report on Domestic Violence (2005) emphasizes the importance of holding batterers accountable. Response: The Probation Department AGREES. Conclusions Although all local law enforcement agencies state that they follow the Domestic Violence Protocol for Law Enforcement as well as their own department’s protocols, some exceptions have been reported. The VINE card is a valuable resource that gives victims information that can help ensure their safety. - 96 Domestic Violence in Santa Cruz County: Not tape recording an interview during a domestic violence call is contrary to the protocol. Gathering as much evidence as possible, including tape recording, is necessary to successfully prosecute cases. If a victim recants, the tape recording is invaluable. The use of an in-house advocate by the City of Santa Cruz Police Department has provided valuable assistance in handling domestic violence cases from the time of arrest and in the report writing process. The confusion in the aftermath of a domestic violence incident will be lessened if a victim has current copies of all restraining orders easily accessible. Law enforcement agencies would benefit from a training session on the various Domestic Violence Forms. Domestic violence advisory bodies would benefit from knowing more about the “No Mas” grant and any other domestic violence-related funding in the county and how it is being used. Due to the high volume of cases handled by the Family Protection Unit, adequate staffing is essential. The constant presence of an advocate in domestic violence court proceedings as a support for the victim is critical. The Family Law Facilitator has proven to be a valuable resource for people who cannot afford the services of a private attorney and are seeking assistance in obtaining a divorce, domestic violence orders, and child support orders. Holding batterers accountable for their actions contributes to victim safety.