Victim Assistance Program & Post-Conviction Services - PowerPoint Presentation

Victim Assistance Program & Post-Conviction Services Hailey Johnson – Safety & Reentry Advocate Contributing to a Safer Minnesota | mn.gov/doc

Victim Assistance Unit Domestic Violence Initiative OVW Grant VFMN PartnershipVictim specificRelease/Safety PlanningAgent InvolvementNative American emphasisDV Programming (ended 10/31/2019)TreatmentGeneral Population Victim Assistance Direct Services to Victims Victim Notification Registration and Account Management Gift Giving Victim Advocacy Restitution End of Confinement Review Committee (ECRC) Victim Input Opportunities Agent Summary Reports

MN CHOICE to MN Haven Contributing to a Safer Minnesota | mn.gov/doc Launched July 9, 2019 A web-based solution that is customized for victim notification, a resource for information on victim and community safety, and empowers victims and communities to provide input and request information based on their individual needs.

Notifications – Incarcerated Offenders Acknowledgement of Registration Transfer (facility) Reentry Agent Assignment & Release 60 Day Notice of ReleaseFinal ReleaseNotification of Expiration of Sentence-DischargeRelease to Work ReleaseRelease from Work Release to Supervised ReleaseConditional Medical ReleaseCommunity Work Crew Release (ICWC)CIP Notification Return to CustodyEscape ApprehensionExpedited ReleaseAppeal of predatory offender risk level assignmentContributing to a Safer Minnesota | mn.gov/doc

Notifications – Offender in Community Change of AgentCustody Status Change (indicates “abscond” status) Return to Community Supervision Notice of Expiration of Supervised Release/Discharge Contributing to a Safer Minnesota | mn.gov/doc

Predatory Offense Enhanced Notification Victims and parents/guardians of minor victims of predatory offenses are eligible to receive “enhanced notification”Notification provided by law enforcement in the area where the offender is living (e.g. offender lives in St. Paul, SPPD provides notification) Must release their information to law enforcement General area of offender provided as well as risk level. Each law enforcement agency operates differently DOC processContributing to a Safer Minnesota | mn.gov/doc

End of Confinement Review Committee (ECRC) Included on committee: Committee chair, case manager, sex offender treatment professional, law enforcement, and victim assistance Assigns community notification level to predatory offenders Level 1: Direct victim & law enforcement Level 2: Direct victim, law enforcement, law enforcement’s discretion to tell othersLevel 3: Community-wide notification (meeting in the community regarding offender)Advocates can observeContributing to a Safer Minnesota | mn.gov/doc

Qualified Domestic Violence-Related Offenses (QDVRO) Defined under Minnesota Statute 518B.01- The Domestic Abuse ActDefinitions: Domestic Abuse Family or household members * See handout Qualified Offenses Violation of Domestic Abuse Order for Protection.First-Degree MurderSecond-Degree MurderFirst-Degree AssaultSecond-Degree AssaultThird-Degree AssaultFourth-Degree AssaultFifth-Degree AssaultDomestic Assault Female Genital MutilationDomestic Assault by Strangulation First-Degree Criminal Sexual Conduct Second-Degree Criminal Sexual Conduct Third-Degree Criminal Sexual Conduct Fourth-Degree Criminal Sexual Conduct Malicious Punishment of a Child Terroristic Threats Violation of harassment Restraining Order Stalking Interference with an Emergency Call Nonconsensual Disseminations of Private Sexual Images Violation of Domestic Abuse No Contact Order Contributing to a Safer Minnesota | mn.gov/doc

Zip Code Notification Must qualify based off Minnesota State Statute Offender has to be actively serving Qualified Domestic Violence Related Offense (QDVRO)Victim must request notification in writing via email or letterHowever, MN Haven is working on implementing a notification that alerts eligible victimsEligible victims receive zip code of offender’s residence upon releaseContributing to a Safer Minnesota | mn.gov/doc

Visitation Policy Victims of an offense that an offender is actively serving is not allowed in person visits Appeal Process Letter and phone contact is allowed (unless there is an active protective order)Victim Definition“The individual(s) named as a victim in the complaint, in any charging documents that were dropped as a part of a plea agreement where the offender was convicted out of the same set of circumstances, is the protected party of an active protective order or is the subject of an active Department of Corrections No Contact Directive”Standard Condition of Supervised Release“refrain from direct or indirect contact with any person deemed a victim by the Department of Corrections, any person listed in a criminal justice agency report as a victim, or anybody who the court has determined is in need of protection as demonstrated by a current/previous Order for Protection, Harassment Restraining Order, or Domestic Abuse No Contact Order, without prior documented approval of agent”Contributing to a Safer Minnesota | mn.gov/doc

Protective Orders and DOC No Contact Directives Court Issued Protective Orders Harassment/ Restraining Order (HRO) Order for Protection (OFP)Domestic Abuse No Contact Order (DANCO)Not enforced post-convictionNo Contact Order (NCO)Not enforced post-convictionMinnesota DOC No Contact Directive A directive given to Offender by DOC staff upon receipt of a request from any individual(s)This directive is only applicable while the Offender is incarcerated in a Minnesota Correctional Facility. No Contact Condition of Release:A standard condition of release for offenders released to Supervised Release in the State of Minnesota.Contributing to a Safer Minnesota | mn.gov/doc

Appearance of Change: Community vs. Incarceration COMMUNITY “Can’t have friends, I can only spend time with him” “I can’t have a job, he want’s me to stay home” “He gets jealous of good things that happen for me”“I can’t go out unless I am with him”Contributing to a Safer Minnesota | mn.gov/doc INCARCERATION “I can have friends, in fact he suggested some people to go out with” “He is proud of me, that I moved into a new apartment” “He is happy that I got a promotion, before he would be jealous”

Appearance of Change Why do victims continue to report that incarceration has changed the offender? “He’s not the same man as before – he’s changed – he’s totally different.” Is the change Fact of Fiction?

Barriers of Obtaining a Protective Order During Incarceration No “threat” of violence while offender is incarcerated Some criminal justice professionals don’t see the benefit of one while offender is incarcerated Community advocates suggesting victims wait until closer to releaseAccess to community advocacy is limited while offender is incarcerated Contributing to a Safer Minnesota | mn.gov/doc

Violation of Protective Orders/Unwanted Contact Violation of Protective Order/Harassment Incident ReportProcess Referral process Contributing to a Safer Minnesota | mn.gov/doc

Victim Input Options Victim/Registrant Input at Intake Triggered by notification account creation Benefit of submitting: Confirm validity of protective orders or provide victims with referral to community advocacy to obtain orderConfirm restitution ordersProvides opportunity for victim input in offender programming while incarceratedBegins the reentry process early in the offender’s incarcerationVictim/Registrant Reentry StatementSent to registrations 180 days prior to offender’s release. Also available by contacting VAP.Benefit of submitting:Allows victims/community members to provide information about offender’s history not known to supervising agentVAP may be prompted to conducted a threat assessmentAllows VAP to provide individual follow-up on questions/concernsAllows victims/community members to identify concerns about offender’s releaseInform victim of safety planning options and Safety Wrap Around Meeting Contributing to a Safer Minnesota | mn.gov/doc

Safety Planning & Wrap-Around The wrap-around safety meeting is part of a victim centered process designed to bring all stakeholders together at once. Stakeholders include: Offender Case Manager Community and/or County Advocate MN DOC Victim Assistance/Restorative Justice RepresentativeLaw EnforcementVictim This tool provides: The victim(s) a chance to voice safety concerns regarding offender’s release from prison, provides a picture of community supervision, ensures that all stakeholders are on the same page, and creates a contingency plan for worst case scenarios. Contributing to a Safer Minnesota | mn.gov/doc

Safety Planning & Wrap-Around Offender Criteria for Consideration for a Victim Wrap-Around Safety Planning Services Risk Factor Considerations include: Used/threatened with a weapon, attempt to strangle/ choke victim, threaten/tried to kill victim, violence has increased in frequency or severity, forced sex with victim, control over daily activities, constant/violently jealous, threatened/tried to commit suicide, victim believes offender will re-assault or attempt to kill victim, any active/pending court issued no contact orders, ever assaulted a pregnant victim, did victim attempt to leave/separate from victim in the last year, does offender stalk victim, offender violated court issued non contact order, has the intent to contact/located victims children, or demonstrated extreme anger towards the victim(s). Case Referral for Wrap-Around Consideration Case Manager, Behavior Health, Community Base Victim Advocate, County Victim Witness, Agent, Law Enforcement, County Attorney or other.* If an offender meets criteria, an attempt will be made to contact victim(s) to inquire about their identified safety concerns and the wrap-around process is explained.Contributing to a Safer Minnesota | mn.gov/docSee packet materials for criteria worksheet

Safety Wrap-Around Meeting Agenda I. Introductions II. Reason for Meeting and case overview (VARJ staff member) III. Offender Information (VARJ staff member and Case Manager) a. Release Date and Release Process b. Expiration c. Conditions of Release IV. Explanation of Supervision (VARJ staff member and Case Manager) a. Authority (MN DOC vs Courts) b. Warrant/Detention Process c. Violation HearingsV. History and Safety Concerns (of offender)VI. Safety Plan (All parties) This meeting provides the opportunity for the victim to share background information regarding their relationship to the soon-to-be released offender and may include: Information regarding undocumented abuse Offender behavior while on supervision Information specific to the offender’s current incarceration Safety concerns not previously articulated

Safety Planning & Wrap Around Safety Planning may include: File for a court ordered Order For Protection Electric Home Monitoring for a period of time Extra law enforcement patrol MN DOC Zip code notificationKeeping a stalking log Providing Supervising Agent Contact information to victim. Contributing to a Safer Minnesota | mn.gov/doc

Safety Planning & Wrap Around Contributing to a Safer Minnesota | mn.gov/doc

Questions? Contributing to a Safer Minnesota | mn.gov/doc ?

Thank you! Contributing to a Safer Minnesota | mn.gov/doc Hailey Johnson Hailey.Johnson@state.mn.us 651-361-7597 Advocate of the Day Victimassistance.doc@state.mn.us 651-361-7250