Building Partnerships to Enhance Access to the

Criminal Justice System for Crime Victims with

Disabilities

A Massachusetts Initiative

Presented by Elizabeth D. Scheibel

Northwestern District Attorney

September 20, 2004

AGENDA Introduction to the Structure of Massachusetts State

Agencies

Identifying Abuse as a Problem

“House of Horrors” – Case that Changed the System

Response to the System Failure

Building Partnerships Initiative Projects

How cases move through the Adult Protective Service System

Building Partnerships Results

EOHHS Structure & Oversight

EOEADSS

Department of Mental Health

Massachusetts Rehabilitation Commission

Department of Mental Retardation

Department of Public Health

Department of Social Services

Executive Office of Elder Affairs

MRCDMHDMR DPH

Disabled Persons Protection

Commission(DPPC)

Executive Office of Health &

Human Services(EOHSS)

Structure and Oversight

The Attorney General’s Office

(AG)

State Police Detective Unit

at DPPC (SPDU)

District Attorney(Eleven Districts)

(DA)

EOEADSS

Department of Mental Health

Massachusetts Rehabilitation Commission

Department of Mental Retardation

Department of Public Health

Department of Social Services

Executive Office of Elder Affairs

MRCDMHDMR DPH

Adult Protective Service System

Disabled Persons Protection Commission

(DPPC)

Department of Mental Retardation

(DMR)

Department of Mental Health

(DMR)

Massachusetts Rehabilitation

Commission (MRC)

SPDU

Massachusetts State Police Detective Units

(SPDU)

Attorney General

District Attorney

Statewide Specialized Units

DPPC

Identifying the Problem

Prevalence of Violence Against

Persons with Disabilities

Prevalence of Violence Against Persons with

Disabilities 54 million Americans with disabilities

(U.S. Department of Justice, 1998)

5 million crimes committed against persons with developmental disabilities each year in the U.S. compared with (Petersilia, Ph.D., UCD): 1.4 million Child Abuse 1 million Spousal Abuse 1 million Elder Abuse 800,000 Hate Crimes

Prevalence of Violence

More than 90 percent of persons with developmental disabilities will experience sexual abuse at some point in their lives. 49 percent will experience 10 or more abuse incidents (Valenti-Hein & Schwartz, 1995)

A study of psychiatric inpatients found that 81 percent had been physically or sexually assaulted (Jacobson & Richardson, American Journal of Psychiatry, 1987)

Prevalence of Violence

62% of women with physical disabilities reported experiencing emotional, physical or sexual abuse (Nosek & Howland, 1998)

Only 3% of sexual abuse cases involving people with developmental disabilities will ever be reported (Valenti-Hein & Schwartz, 1995)

“House of Horrors” - The Case that Changed the

System in Massachusetts

Commonwealth v. Harold and Karol

Simonton Raynham, Massachusetts

Harold Harold SimontonSimonton

Karol Karol SimontonSimonton

TORTURETied to Piping hot

radiatorFingers/Hands in

vice gripsFingers in monkey

wrenchBurned with boiling

hot waterHit with whips,

thorned sticks, 3 lb hammers

Forced to hand over SS $$

Assaulted & threatened with several firearms

Hit with motor chain (causing blindness in one eye)

Attacked by vicious dogs on D’s command

Sexually assaulted Forced to beg for

food Forced to sleep in

doghouse

VICTIMS

NEIGHBORS

BOARD OF HEALTH DPPC

POLICE

BUSINESS OWNERS FAMILY

DMR

SCHOOLS

WHAT WENT WRONG

A SYSTEM FAILURE

SOCIAL SECURITY

BANKS

The Massachusetts Response to the System Failure

The Process

1997 1998 1999

House Post Audit Report

Issued

DMR Investigation

Advisory Panel Established

DMR Investigation

Advisory Panel Report Issued

EOHHS Unites Human Service

Agencies

Statewide Conference

MOU Process Begins

Multidisciplinary Agency Response

Joint Investigations

No one person or agency possesses all of the skill, knowledge, and resources necessary to respond to the complex problems of mistreatment and abuse.

Each agency brings a different perspective and different information to the table

THE AGREEMENT (MOU)

I. Statement of PurposeII. Participating AgenciesIII. GoalsIV. Reporting and Investigation V. Human Services Investigation

LiaisonVI. Review and Evaluation

I. Statement of Purpose

To provide a framework for the prompt and effective reporting, investigation and prosecution of crimes against persons with disabilities through a multidisciplinary approach

II. Participating Agencies(Multidisciplinary Team) District Attorney’s Office

Prosecutor Forensic Interviewer Victim/Witness Advocate

Disabled Persons Protection Commission Human Service Agency

Department of Mental Retardation Department of Mental Health Massachusetts Rehabilitation Commission

State Police

Other Team Members

Local Police Sexual Assault Nurse Examiner (SANE) Medical Professional Mental Health Consultant Speech and Language Pathologist Human Service Case Manager/Service

Coordinator

III. MOU Goals GOAL I: To provide protection, treatment and

continuity of care for persons with disabilities

GOAL II: To ensure crimes against persons with disabilities are promptly and effectively reported, investigated and prosecuted

GOAL III: To enhance communication and cooperation between law enforcement and human service agencies

GOAL IV: To increase awareness of crimes against persons with disabilities

IV. Reporting and Investigation

Reporting of Felonies Deaths Indecent Assault and Battery Assault and Battery Rape Intent to Commit Rape Larceny of a Person with a Disability

District Attorney Notified 24 hour period

IV. Reporting and Investigation

Investigation Assignment of Criminal

Investigation District Attorney State Police DPPC State Police Local Police

Referred back for Civil Investigation DPPC

V. Human Services Liaisons

State and Regional Civil Contacts Disabled Persons Protection Commission

(DPPC)

Department of Mental Retardation (DMR)

Department of Mental Health (DMH)

Massachusetts Rehabilitation Commission (MRC)

Steering Committee

Purpose of Steering Committee

Directs activities of Executive Office of Public Safety (EOPS) Byrne Grant and “Building Partnerships” initiative

Steering Committee

Membership District Attorney Disabled Persons Protection Commission (DPPC) Department of Mental Retardation (DMR) Department of Mental Health (DMH) Massachusetts Rehabilitation Commission State Police MA District Attorneys Association (MDAA) MA Office of Victim Assistance (MOVA)

Steering Committee

Sub-Committees Public Awareness Training Legislative Grant Prosecutors Criminal Justice System

Partnerships Projects

Public Education Campaign Logo Development Building Partnerships Brochure Educational Brochures Laminated Reporting Cards Mass Mailings State and County Training Video Development

Training

Law Enforcement Training Law Enforcement Training by County Criminal Justice Training Council State Police Academy

Distance Learning

Human Service Provider Training Service Provider Training by County

Training

Human Service (Civil) Investigators 40 Hour Basic Investigation 40 Hour Sexual Assault Certification

Medical Community Training SANE Nurses Emergency Room Staff

Training

Court Personnel Americans with Disabilities Act

Coordinators Court Officers Court Security Judiciary

Training

Communicating with Crime Victims with Disabilities Conference Personnel October 2002 Two Day Statewide Conference Interviewing Persons with

Mental Retardation: Dr. Nora Baladerian Mental Illness Physical Disabilities

Training

Communicating with Crime Victims with Disabilities Conference Prosecutors Forensic Interviewers Victim Witness Advocates Police Officers Human Service Investigators Human Rights Officers

Partnerships Projects

Massachusetts Continuing Legal Education (MCLE): Crimes Against Persons with Disabilities:

A Practical Guide to the Reporting, Investigation and Prosecution

Legislative Initiatives Revised and New Legislation Enhanced Penalties Prosecution Issues

Criminal Justice Training Council Curriculum Development

New Recruits

Distance Learning Local Police Civil Investigators

Statewide Prosecutors Sub-Committee Prosecution Issues Prosecutors Conference

Partnerships Projects

DISABLED PERSONS PROTECTION COMMISSION (DPPC)

Department of Mental Retardation (DMR)

Department of Mental Health (DMH)

Massachusetts Rehabilitation Commission (MRC)

Massachusetts Adult Massachusetts Adult Protective System Protective System

ResponseResponse

Operates a 24-hour Hotline, 1-800-426-9009

Receives reports of suspected physical, emotional, sexual abuse, neglect and deaths of adults with disabilities

Evaluates reports to determine required response [emergency or non-emergency] and jurisdictional criteria

Provides information and referrals to callers

DPPC INTAKE UNIT 24 HOUR HOTLINE

DPPC/SPDU Criminal Screening

District Attorney’s office notified Designated assistant district attorney

assigns criminal investigations to: Local Police DA’s SPDU DPPC’s SPDU

Human Service agency contacts notified Civil Investigator proceeds with protective

services

DPPC and Human Service Agencies Assisting Law

Enforcement Provides background data on alleged

victims, abusers and providers

Assists with interview process

Assists with gathering and analysis of medical and administrative records

Assists in coordinating needed services between law enforcement and human service agencies

Building Partnerships Results …

Criminal Investigations/Criminal Charges

DPPC Database

86

477

880

0 4

97

645

238

32

321

622

10839

58 68 130

0

100

200

300

400

500

600

700

800

900

1000

FY 1997 FY 1998 FY 1999 FY 2000 FY 2001 FY 2002 FY 2003 FY2004

Criminal Investigations Charges

Criminal Activity FY 2004

DPPC DatabaseCRIMINAL ACTIVITY FISCAL YEAR TOTALS

SEXUAL ASSAULT

ASSAULT & BATTERY

LARCENY

DEATH

OTHER

350

367

95

16

52

TOTAL CASES 880

The Partners In Protection

VICTIMS

TOWN SELECTMEN

What Went Wrong

A System Failure

DPPC

NEIGHBORS

LOCAL POLICE

BUSINESS OWNERSDMR

FAMILY

BOARD OF HEALTH

STATE POLICE

SOCIAL SECURITY

VICTIMS

DPPCLOCAL POLICE

STATE POLICE

FORENSIC INTERVIEWER

SANE

VICTIM WITNESS

ADVOCATE

COURTSMRC

DMH

DMR

DISTRICT ATTORNEY

Building Partnerships Success

Improved communication and coordination Improved data collection and documentation Improved civil and criminal investigations Increased reporting, criminal investigations and

prosecutions Institutionalized systemic improvements Enhanced access to the criminal justice system

for victims with disabilities

Increased protection for victims with disabilities