Addressing issues of domestic violence through community supervision of offenders.

Domestic violence is a widespread problem. A woman is raped or physically assaulted by a significant other every three minutes, and each hour, 84 stalking cases are reported to law enforcement officials. In Missouri, steps are being taken to protect and provide services to domestic violence victims--both women and children--as well as to hold batterers accountable for their behavior and help them break the cycle of violence.

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Probation and Parole's Domestic Violence Unit

In 1997, the St. Louis City Circuit Attorney's Office and the St. Louis Circuit Court partnered to create the St. Louis City Domestic Violence Intervention Project. The project targets high-need risk offenders convicted of domestic violence offenses. As a result of this initiative, the Missouri Department of Corrections Board of Probation and Parole created the Domestic Violence Unit to supervise both felony and misdemeanor domestic violence offenders charged with domestic assault, assault, unlawful use of a weapon, stalking, harassment, violation of ex parte, endangering the welfare of a child or anything else that may be charged as a domestic violence offense. Intensive supervision of domestic violence offenders is critical to the safety of the community and their victims since the majority of the offenders the unit supervises have prior convictions or histories of domestic violence arrests--the strongest predictor of future criminal behavior. Also, domestic violence incidents often escalate in severity.

The St. Louis Family Violence Council, domestic violence treatment providers and Board of Probation and Parole representatives created supervision protocol for the Domestic Violence Unit. Partnerships also have been developed with the Association of Batterers Intervention Providers and the St. Louis City Family Violence Council to ensure the availability of batterer intervention services. In addition, in 2002, the Family Violence Council obtained $67,000 through a federal block grant to assist in subsidizing intervention programs for offenders.

Eligible Offenders

The Domestic Violence Unit is centrally located in St. Louis. An offender must be sentenced to probation through the 22nd Judicial Circuit Court located in St. Louis to be eligible for the program. Offenders are court-ordered to be supervised by the Domestic Violence Unit and are required to report to the probation office immediately. At that time, offenders are advised of the probation conditions and referred to a batter intervention program provided by separate agencies located in different areas of St. Louis. When offenders meet their probation officer, they under go an assessment, which involves a thorough examination of their past and current behavior in managing relationships with family members and significant others. Also at that time, offenders' present living and financial situations; physical health; associates; and educational, employment, substance abuse, criminal and juvenile histories are examined.

Domestic violence offenders are required to follow all of Missouri's standard probation conditions. However, they are also required to attend an approved batterer intervention program and comply with the supervision strategy developed by the Domestic Violence Unit, as well as with any other special conditions ordered by the court. Although offenders may receive financial assistance if a need is demonstrated, they are required to pay a portion of the assessment and treatment fees regardless of income level.

Offenders proceed through a three-phase program based on their behavior and compliance with the probation conditions. Phase 1 includes weekly office visits, employment verification, participation in a domestic violence program, urinalysis testing and home visits. Failure to comply with the program requirements results in the offender remaining in Phase 1 and additional restrictions, such as increased office visits or electronic monitoring, may be placed on the offender. Electronic monitoring is used to provide structure and limit offenders' movements within the community to enhance safety and increase successful completion of their probation.

When offenders comply with Phase 1 requirements, they may progress to Phase 2. Both phases 1 and 2 are approximately 90 days each. During Phase 2, offenders report to their probation officer biweekly while all conditions are monitored. When offenders enter Phase 3, they report on a monthly basis while continuing with all the other conditions. Upon completion of the approved intervention program and all probation conditions, each case is reviewed by the court for early discharge consideration.

Program Requirements

When the domestic violence project was initiated, Board of Probation and Parole representatives met with ABIP providers to set the standards with which offenders were to comply. Although each program varies in length, offenders must attend for a minimum of 90 minutes per week for 32 weeks to successfully complete a program. These programs are more than anger management; they focus on the offenders' interpersonal relationships involving their significant others, children, extended family and other household members. Offenders have shown a pattern of coercive control through the use of abuse, intimidation and/or violence in present or past intimate and other family-like relationships. The Domestic Violence Unit, in cooperation with the batterer intervention programs, educates and holds offenders accountable for their actions. They are taught what abuse, intimidation and violence are and why it is inappropriate to use such tactics as a means to control their intimate partners and family members. The offenders discuss their feelings and behaviors and devise safety plans to help change their behaviors. In combination with intensive supervision by the Domestic Violence Unit, participation in these programs encourages offenders to change their thinking patterns and behaviors while providing them with the proper tools to do so. The probation officers work closely with the treatment providers to ensure that the offenders are actively participating and successfully progressing in the program.

A unique aspect of the treatment plans is the inclusion of the victims. The probation officer attempts to contact victims to obtain a victim impact statement, as well as provide them with information about the available community resources. The victim impact statement includes any information victims wish to share with the court, as well as the victims' description of the offense and any past physical, emotional and/or sexual abuse. In addition, expenses resulting from the incident, such as bills for medical or mental health services and property damage, are documented. Victims are encouraged to use the available support services and are provided with a listing of shelters, hotlines, legal assistance and counseling in their area. Information provided by victims is used to help offenders meet treatment goals. It is not shared with offenders for safety reasons, unless victims give permission.

The probation officer also maintains contact with the victims to ensure that the offenders do not continue their abusive behavior and that the victims receive appropriate services. When verifiable information is received by the probation officer indicating continued abuse by an offender, immediate action is taken. The offender may be placed in a residential facility or electronically monitored to closely supervise his or her behavior. In addition, the probation officer may pursue revocation of the offender's probation. If documented physical abuse has occurred, a warrant is immediately issued and the offender is taken into custody. Working closely with victims allows for immediate action to be taken rather than having to go through all the bureaucratic channels if a violation occurs.

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Substance abuse is prevalent among the domestic violence offenders. In fact, many are under the influence of drugs and/or alcohol at the time of their offense. They are unable to successfully maintain employment, report to the probation office and participate in batterer intervention programs if their substance abuse issues are not addressed. Any indication of substance abuse receives immediate attention including referral to a drug treatment agency and increased urinalysis or Breathalyzer tests. Last year, the unit conducted more than 320 urinalysis and 35 Breathalyzer tests. Many offenders are also required to pay court costs and/or crime victims compensation, complete community service and are to have no contact with victims.

The judge and prosecuting attorney are kept abreast of the offenders' progress during their probation. Review hearings are scheduled as needed to make adjustments in the special conditions, such as extension of probation time, addition of community service or restriction of victim contact, or to remind offenders of the impending consequences of their actions if not modified appropriately.

The two probation officers who make up the Domestic Violence Unit are in close contact with the presiding judge and the prosecuting attorney's office, allowing for swift consequences for negative offender actions. In addition, these officers meet with the intervention providers and have frequent contact with these providers to monitor offender participation. The probation officers have participated in extensive training and facilitated training for other probation and parole staff and treatment providers, ensuring that they are able to facilitate change and hold offenders accountable in the most effective manner. The officers also work closely with victim services agencies to ensure that victims are receiving appropriate services and that their safety is not being compromised. In addition, they help support the intervention and change desired through their collaborative efforts with treatment providers. Further, the officers actively participate in the Family Violence Council and ABIP committees.

During the past three years, 113 offenders have successfully completed the project. An additional 14 clients were referred to other intensive programs, including Day Report, the Opportunity to Succeed (a program for dual-diagnosis offenders) and the Community Project for Restoration. Thirty-nine offenders had their probation revoked during the past three years, 13 had felony charges and 10 had misdemeanor charges pending when their probation was revoked. The remaining 16 offenders had their probation revoked solely due to technical violations of their probation--namely, substance abuse, failure to report and failure to attend domestic violence counseling.

Positive Outcomes

This program has made a difference in the lives of offenders as well as their victims and families. One example of this is Mr. Jones, who was arrested for second-degree domestic assault. Jones was placed on probation and under supervision of the Domestic Violence Unit because he beat and strangled his wife. During the past 10 years, violence had been a common occurrence in the Jones household, and the escalating violence resulted in the current probation. Jones continued to reside with his wife and their four children while on probation. He was referred to an approved batterer intervention program to receive services. Financial need was documented, as Jones was the only member of the family employed outside the home. He received a voucher, which subsidized the cost of the groups. Although Jones was employed full time, he would have been unable to afford batterer intervention services without financial aid since his wife stayed home to raise their children. After intensive work on the part of his probation officer and the intervention program, Jones is now able to admit his past abusive behavior and is willing to address his anger and control issues. Frequent contact was maintained by the probation officer and the intervention provider to ensure not only Jones' participation and attendance, but also to monitor his progress. Jones is now two-thirds of the way through his probation and intervention program. He has demonstrated a change in behavior during visits with his probation officer. The officer also stayed in close contact with Mrs. Jones and her family. She reported that her husband's abusive behavior drastically changed; she no longer fears for her safety and that of her children. Without the Domestic Violence Unit, the batterer intervention program and the St. Louis Family Violence Council, Jones would not have been supervised on such an intensive basis, would not have received the education and tools to change his behavior, and would not have been able to afford the batterer intervention program. Therefore, it is likely that his violent behavior not only would have continued, but it probably would have escalated.

A high percentage of offenders were able to succeed in the program due to their ability to change their thinking patterns and undergo behavioral changes. The treatment plans that were developed and the involvement of the probation officers directly influenced the positive outcome. Due to collaborative efforts and the nature of the domestic violence program, offenders are required to put forth a great effort to succeed. Usually, intensive supervision-type programs have high absconding rates. However, the domestic violence program has had only 11 offenders revoked for absconding during the past three years.

The Domestic Violence Unit started as a partnership with the community to better-supervise domestic violence offenders and increase the level of safety for victims and their families. It has addressed the supervision needs of domestic violence offenders while involving the Board of Probation and Parole in the coordinated community response needed to eradicate domestic violence. By continuing to supervise these offenders at an enhanced level while working closely with community agencies, positive change occured among many offenders by removing them from the revolving door of the criminal justice system.

Maria Duffy and Aimee Nolan are probation and parole officers in the Missouri Department of Corrections Board of Probation and Parole's Domestic Violence Unit. Dave Scruggs is unit supervisor of the Domestic Violence Unit.