VAWA ComplianceVAWA Compliance

Presented Presented by:by:

2005 VAWA 2005 VAWA Reauthorization Reauthorization Compliance Compliance RequirementsRequirements The 2005 reauthorization of the Violence The 2005 reauthorization of the Violence

Against Women Act (VAWA) contained Against Women Act (VAWA) contained four new statutory requirements. four new statutory requirements.

All States had to certify that they were in All States had to certify that they were in compliance with the new requirements by compliance with the new requirements by January 5, 2009, or they could jeopardize January 5, 2009, or they could jeopardize their State eligibility for VAWA funding. their State eligibility for VAWA funding.

Compliance Compliance RequirementsRequirements Polygraph Testing Prohibition* Forensic Medical Examination

Payment Requirement for Victims of Sexual Assault*

Filing Costs For Criminal Charges and Protection Orders

Judicial Notification

* To be discussed today* To be discussed today

Policy on the Use of Policy on the Use of Polygraph Examinations in Polygraph Examinations in Sex Offense InvestigationsSex Offense Investigations

It is the policy of the State of Maryland It is the policy of the State of Maryland that, as provided in 42 U.S.C. § that, as provided in 42 U.S.C. § 3796gg-8(a), no law enforcement 3796gg-8(a), no law enforcement officer, prosecuting officer or other officer, prosecuting officer or other government official shall ask or require government official shall ask or require an adult, youth or child victim of an an adult, youth or child victim of an alleged sexual offense as defined alleged sexual offense as defined under federal, State, or local law to under federal, State, or local law to submit to a polygraph examination or submit to a polygraph examination or other truth telling device as a condition other truth telling device as a condition for proceeding with the investigation of for proceeding with the investigation of an offense. an offense.

Policy on the Use of Policy on the Use of Polygraph Examinations in Polygraph Examinations in Sex Offense Investigations Sex Offense Investigations (cont’d)(cont’d) It is also the policy of the State of It is also the policy of the State of

Maryland that, as provided in 42 Maryland that, as provided in 42 U.S.C. § 3796gg-8(b), the refusal U.S.C. § 3796gg-8(b), the refusal of a victim to submit to a of a victim to submit to a polygraph or other truth-telling polygraph or other truth-telling examination shall not prevent the examination shall not prevent the investigation, charging or investigation, charging or prosecution of an alleged sexual prosecution of an alleged sexual offense.offense.

Policy on the Use of Policy on the Use of Polygraph Examinations in Polygraph Examinations in Sex Offense Investigations Sex Offense Investigations (cont’d)(cont’d)

The State of Maryland implements this policy in The State of Maryland implements this policy in part to retain its eligibility to obtain grants under part to retain its eligibility to obtain grants under the Violence Against Women and DOJ the Violence Against Women and DOJ Reauthorization Act of 2005 and other applicable Reauthorization Act of 2005 and other applicable federal laws. federal laws.

All agencies that apply to GOCCP for funds that are All agencies that apply to GOCCP for funds that are to be disbursed from any such grant will be to be disbursed from any such grant will be required to demonstrate to GOCCP that they too required to demonstrate to GOCCP that they too have and follow a substantially similar policy have and follow a substantially similar policy regarding the use of polygraphs during sex offense regarding the use of polygraphs during sex offense investigations.investigations.

MARYLAND VAWA MARYLAND VAWA FORENSIC COMPLIANCE FORENSIC COMPLIANCE GUIDELINESGUIDELINES

Forensic Medical Examination Payment

Requirement for Victims of Sexual Assault

MARYLAND VAWA MARYLAND VAWA FORENSIC COMPLIANCE FORENSIC COMPLIANCE GUIDELINESGUIDELINES

The 2005 reauthorization of The 2005 reauthorization of VAWA contains new requirements VAWA contains new requirements effecting the provision of sexual effecting the provision of sexual assault forensic exams.assault forensic exams.

MARYLAND VAWA MARYLAND VAWA FORENSIC COMPLIANCE FORENSIC COMPLIANCE GUIDELINESGUIDELINESSpecifically, it states:Specifically, it states:““Nothing in this section shall be construed Nothing in this section shall be construed

to permit a State, Indian tribal to permit a State, Indian tribal government, or territorial government government, or territorial government to require a victim of sexual assault to require a victim of sexual assault to participate in the criminal justice to participate in the criminal justice system or cooperate with law system or cooperate with law enforcement in order to be enforcement in order to be provided with a forensic medical provided with a forensic medical examexam, reimbursement for charges , reimbursement for charges incurred on account of such an exam, or incurred on account of such an exam, or both.”both.”

MARYLAND VAWA MARYLAND VAWA FORENSIC COMPLIANCE FORENSIC COMPLIANCE GUIDELINESGUIDELINES To determine the State’s method of compliance, To determine the State’s method of compliance,

GOCCP and MCASA convened a statewide workgroup GOCCP and MCASA convened a statewide workgroup to develop recommendations regarding the local to develop recommendations regarding the local jurisdictional implementation of VAWA compliance jurisdictional implementation of VAWA compliance forensic exam policies and protocols. Agencies forensic exam policies and protocols. Agencies represented included:represented included:

– The Maryland Chiefs of Police AssociationThe Maryland Chiefs of Police Association– The Maryland Police and Correctional Training CommissionThe Maryland Police and Correctional Training Commission– The Maryland State’s Attorney AssociationThe Maryland State’s Attorney Association– The Maryland Sheriffs’ AssociationThe Maryland Sheriffs’ Association– The Office of the Attorney GeneralThe Office of the Attorney General

This required certification of compliance applies to This required certification of compliance applies to the entire state – not just VAWA STOP fund grantees.the entire state – not just VAWA STOP fund grantees.

MD’s Recommended MD’s Recommended Model PolicyModel PolicyI. Presenting OptionsI. Presenting OptionsA.A. When a patient presents at a When a patient presents at a

Sexual Assault Forensic Exam (SAFE) Sexual Assault Forensic Exam (SAFE) hospital as a victim of a sex crime, an hospital as a victim of a sex crime, an advocate or designated hospital staff advocate or designated hospital staff member shall present the victim with member shall present the victim with the following options:the following options:– Report to police and receive a forensic Report to police and receive a forensic

exam; exam; – Receive a forensic exam as an anonymous Receive a forensic exam as an anonymous

report; orreport; or– Receive medical treatment onlyReceive medical treatment only

MD’s Recommended MD’s Recommended Model PolicyModel PolicyPresenting OptionsPresenting Options (cont’d) (cont’d)B.B. If victim selects the anonymous If victim selects the anonymous

report option the victim/patient shall be report option the victim/patient shall be fully informed of the following:fully informed of the following:– The benefits (e.g., time to weigh options The benefits (e.g., time to weigh options

before participating in the criminal justice before participating in the criminal justice system) and drawbacks (e.g., challenges for system) and drawbacks (e.g., challenges for investigation and prosecution) of investigation and prosecution) of anonymous reporting;anonymous reporting;

– The length of time for which evidence will be The length of time for which evidence will be stored; andstored; and

– If the victim decides to report, who to If the victim decides to report, who to contact and how.contact and how.

MD’s Recommended MD’s Recommended Model PolicyModel PolicyPresenting OptionsPresenting Options (cont’d) (cont’d)C.C.The advocate or designated hospital staff The advocate or designated hospital staff

member shall have the victim/patient sign a member shall have the victim/patient sign a written consent form that outlines that all written consent form that outlines that all options have been presented to them. One options have been presented to them. One copy should be given to the victim and one copy should be given to the victim and one copy retained by the SAFE program. Note: If copy retained by the SAFE program. Note: If an additional copy is included with the SAFE an additional copy is included with the SAFE kit, it should be sealed inside the evidence kit, it should be sealed inside the evidence envelope to protect the identity of the victim envelope to protect the identity of the victim until and unless s/he decides to report.until and unless s/he decides to report.

MD’s Recommended MD’s Recommended Model PolicyModel PolicyII. Conducting the Forensic ExamII. Conducting the Forensic Exam A.A. It is recommended that all Sexual It is recommended that all Sexual

Assault Forensic Exams be conducted in Assault Forensic Exams be conducted in accordance with the U.S. DOJ National accordance with the U.S. DOJ National Protocol for Sexual Assault Medical Forensic Protocol for Sexual Assault Medical Forensic Examinations regardless of a patient/victim’s Examinations regardless of a patient/victim’s decision to immediately report the crime to decision to immediately report the crime to law enforcement.law enforcement.

B.B. For forensic exams linked with a For forensic exams linked with a traditional report that includes immediate traditional report that includes immediate involvement with law enforcement, existing involvement with law enforcement, existing protocols shall be followed.protocols shall be followed.

MD’s Recommended MD’s Recommended Model PolicyModel Policy

Conducting the Forensic Exam (cont’d)Conducting the Forensic Exam (cont’d) C. C. For forensic exams linked with an For forensic exams linked with an

anonymous report, the hospital shall collect anonymous report, the hospital shall collect forensic evidence and maintain records in a forensic evidence and maintain records in a manner that protects the identity of the manner that protects the identity of the victim.victim.– A tracking system shall be established to link the A tracking system shall be established to link the

patient’s identity, patient/medical record number patient’s identity, patient/medical record number and the SAFE kit should the patient/victim decide to and the SAFE kit should the patient/victim decide to report to law enforcement at a later datereport to law enforcement at a later date

– The name of the victim/patient shall not be recorded The name of the victim/patient shall not be recorded on the outside of the SAFE kit.on the outside of the SAFE kit.

MD’s Recommended MD’s Recommended Model PolicyModel PolicyConducting the Forensic Exam (cont’d)Conducting the Forensic Exam (cont’d) D.D. The Forensic Nurse Examiner (FNE), The Forensic Nurse Examiner (FNE),

advocate or other designated hospital staff advocate or other designated hospital staff member, shall provide the following member, shall provide the following information to the patient/victim:information to the patient/victim:– The anonymous report SAFE kit tracking numberThe anonymous report SAFE kit tracking number– Date of the examDate of the exam– Name and contact information of law enforcement Name and contact information of law enforcement

agency holding the evidenceagency holding the evidence– Name and contact information of the SAFE program Name and contact information of the SAFE program

where the kit was collectedwhere the kit was collected– Name and contact information of local rape crisis and Name and contact information of local rape crisis and

recovery centerrecovery center– Length of time evidence will be stored without a Length of time evidence will be stored without a

traditional report to law enforcementtraditional report to law enforcement– Information regarding how to proceed should victim Information regarding how to proceed should victim

decide to report offence to law enforcement decide to report offence to law enforcement

Recommended Model Recommended Model PolicyPolicyIII. Storage and Transportation of III. Storage and Transportation of

Anonymous SAFE kits and Other EvidenceAnonymous SAFE kits and Other Evidence A.A. After a sexual assault forensic exam has After a sexual assault forensic exam has

been completed, the FNE shall contact the been completed, the FNE shall contact the designated law enforcement agency or specific designated law enforcement agency or specific unit within that agency to notify police that an unit within that agency to notify police that an anonymous SAFE kit is ready to be picked up for anonymous SAFE kit is ready to be picked up for storage.storage.

B.B. SAFE hospitals shall maintain chain of SAFE hospitals shall maintain chain of custody in accordance with other evidentiary custody in accordance with other evidentiary procedures until SAFE kit and other evidence are procedures until SAFE kit and other evidence are turned over to the designated law enforcement turned over to the designated law enforcement agency.agency.

Recommended Model Recommended Model PolicyPolicyIII. Storage and Transportation of Anonymous III. Storage and Transportation of Anonymous

SAFE kits and Other Evidence (cont’d)SAFE kits and Other Evidence (cont’d) C.C. Should the SAFE kit not be able to be Should the SAFE kit not be able to be

immediately retrieved by law enforcement, the SAFE immediately retrieved by law enforcement, the SAFE hospital shall maintain the kit and other evidence hospital shall maintain the kit and other evidence temporarily in a secure, locked storage area. temporarily in a secure, locked storage area. Hospitals, SAFE programs, emergency departments or Hospitals, SAFE programs, emergency departments or other medical facilities shall not hold completed SAFE other medical facilities shall not hold completed SAFE kits and other evidence for long-term storage.kits and other evidence for long-term storage.

D. D. Law enforcement shall provide a receipt for Law enforcement shall provide a receipt for any evidence collected which shall indicate the date, any evidence collected which shall indicate the date, time and manner of pick-up.time and manner of pick-up.

Recommended Model Recommended Model PolicyPolicyIII. Storage and Transportation of Anonymous SAFE kits III. Storage and Transportation of Anonymous SAFE kits

and Other Evidence (cont’d)and Other Evidence (cont’d) E. E. Law Enforcement shall pick-up, transport and store Law Enforcement shall pick-up, transport and store

SAFE kits and other evidence according to departmental SAFE kits and other evidence according to departmental procedures. procedures. – A tracking system to link the SAFE kit and the police case A tracking system to link the SAFE kit and the police case

number should the patient/victim decide to report to law number should the patient/victim decide to report to law enforcement at a later date shall be established.enforcement at a later date shall be established.

– Methods such as anonymous report, citizen contact, suspicious Methods such as anonymous report, citizen contact, suspicious incident, etc. can be utilized to generate a case number. incident, etc. can be utilized to generate a case number.

F.F. One law enforcement agency within the jurisdiction One law enforcement agency within the jurisdiction served by the SAFE hospital shall be the primary responder served by the SAFE hospital shall be the primary responder and responsible for long-term storage of the evidence. and responsible for long-term storage of the evidence. Evidence in anonymous SAFE cases shall be stored for a Evidence in anonymous SAFE cases shall be stored for a minimum of 90 days; as a best practice store evidence for minimum of 90 days; as a best practice store evidence for one year or longer.one year or longer.

Recommended Model Recommended Model PolicyPolicyIV. Disposition of Evidence in Anonymous Report CasesIV. Disposition of Evidence in Anonymous Report Cases A.A. Prior to the end of the evidence holding period, a Prior to the end of the evidence holding period, a

designated agency (e.g. SAFE program or rape recovery designated agency (e.g. SAFE program or rape recovery program) may contact the victim – only if victim gave program) may contact the victim – only if victim gave permission at the time of the SAFE exam – to remind the permission at the time of the SAFE exam – to remind the victim of her/his option to report before evidence is victim of her/his option to report before evidence is destroyed.destroyed.

B.B. If no further action is taken by victim after the If no further action is taken by victim after the evidence holding period has expired and/or the kit is not evidence holding period has expired and/or the kit is not connected to another open case, the law enforcement connected to another open case, the law enforcement agency shall address the final disposition of the evidence agency shall address the final disposition of the evidence according to standard departmental procedures.according to standard departmental procedures.

C.C. Should a victim contact police to file a traditional Should a victim contact police to file a traditional report prior to the end of the evidence holding period, the report prior to the end of the evidence holding period, the evidence may be reclassified as a rape, sexual assault, etc. evidence may be reclassified as a rape, sexual assault, etc. and an investigation shall begin according to standard and an investigation shall begin according to standard departmental procedures.departmental procedures.

FAQsFAQs

1. What is the value of forensic compliance to the 1. What is the value of forensic compliance to the criminal justice system? criminal justice system?

Rape and sexual assault remain the most under-Rape and sexual assault remain the most under-reported crimes in our nation, with only 36% of rapes reported crimes in our nation, with only 36% of rapes reported to police. Forensic compliance encourages reported to police. Forensic compliance encourages reporting by allowing traumatized victims to have the reporting by allowing traumatized victims to have the time they need to decide how they want to proceed time they need to decide how they want to proceed while simultaneously preserving critical forensic while simultaneously preserving critical forensic evidence. Universal victim access to a forensic exam evidence. Universal victim access to a forensic exam will provide law enforcement with more info. regarding will provide law enforcement with more info. regarding the prevalence of sex crimes as well as patterns of the prevalence of sex crimes as well as patterns of crime. For those jurisdictions that choose to process crime. For those jurisdictions that choose to process all SAFE kits, anonymous cases could also provide a all SAFE kits, anonymous cases could also provide a cold hit. In all anonymous report cases, victims cold hit. In all anonymous report cases, victims receive care and resources that they may not receive care and resources that they may not otherwise receive. otherwise receive.

2. What are the drawbacks to forensic 2. What are the drawbacks to forensic compliance?compliance?

Without immediate police involvement, the Without immediate police involvement, the crime scene may be lost, corroborating crime scene may be lost, corroborating witness statements may be missed, other witness statements may be missed, other people may become the victim of the same people may become the victim of the same perpetrator, and the victim’s credibility may perpetrator, and the victim’s credibility may be increasingly questioned, decreasing the be increasingly questioned, decreasing the possibility of successful prosecution. possibility of successful prosecution. However, as limited as an anonymous report However, as limited as an anonymous report may be, the theory is that limited information may be, the theory is that limited information is better than no report at all.is better than no report at all.

FAQsFAQs

3. How will VAWA 2005 impact the volume of SAFE 3. How will VAWA 2005 impact the volume of SAFE kits collected?kits collected?

There is very little data available. The few studies of There is very little data available. The few studies of this issue have been isolated to unique populations—this issue have been isolated to unique populations—specifically military and college campuses—so the specifically military and college campuses—so the results may not be able to be generalized to the public. results may not be able to be generalized to the public. However, local SARTs should prepare for a 10-30% However, local SARTs should prepare for a 10-30% increase in the number of SAFE kits collected.increase in the number of SAFE kits collected.

4. How should evidence be transported, tracked, 4. How should evidence be transported, tracked, and stored?and stored?

VAWA does not specify how evidence should be VAWA does not specify how evidence should be transported, tracked, and stored. Different states and transported, tracked, and stored. Different states and jurisdictions have various ways of handling evidence jurisdictions have various ways of handling evidence from anonymously reported cases. from anonymously reported cases. However, it is However, it is recommended that law enforcement transport recommended that law enforcement transport and store anonymous kits. Hospitals are NOT and store anonymous kits. Hospitals are NOT recommended for long-term storage.recommended for long-term storage.

FAQsFAQs

5. How long should evidence in 5. How long should evidence in anonymous cases be stored?anonymous cases be stored?

VAWA does not specify how long VAWA does not specify how long evidence should be stored. evidence should be stored. However,However, jurisdictions in Maryland are advised jurisdictions in Maryland are advised to hold evidence for no less than 90 to hold evidence for no less than 90 days.days. Across the nation, the average Across the nation, the average storage time is about one year. It is storage time is about one year. It is recommended that this decision be made recommended that this decision be made collaboratively with the SART.collaboratively with the SART.

FAQsFAQs

6. Can law enforcement process evidence from 6. Can law enforcement process evidence from anonymously reported sexual assaults/Jane Doe anonymously reported sexual assaults/Jane Doe kits?kits?

This is not related to compliance with VAWA 2005. This is not related to compliance with VAWA 2005.

Jurisdictions may decide for themselves. However, Jurisdictions may decide for themselves. However, processing evidence without the knowledge or consent of processing evidence without the knowledge or consent of the victim raises concerns. Therefore, it is recommended the victim raises concerns. Therefore, it is recommended that jurisdictions that desire to process anonymous SAFE that jurisdictions that desire to process anonymous SAFE kits should make that protocol explicitly clear in the initial kits should make that protocol explicitly clear in the initial release form that the victim signs at the hospital when release form that the victim signs at the hospital when consenting to a forensic exam. Furthermore, it should be consenting to a forensic exam. Furthermore, it should be made explicitly clear that if a victim wishes to be notified made explicitly clear that if a victim wishes to be notified by law enforcement should a cold hit be made from the by law enforcement should a cold hit be made from the DNA evidence in the kit, that they will lose their DNA evidence in the kit, that they will lose their anonymity. Those jurisdictions in which evidence is anonymity. Those jurisdictions in which evidence is backlogged should consider whether it is practical to backlogged should consider whether it is practical to process anonymous SAFE kits.process anonymous SAFE kits.

FAQsFAQs

7. Will local jurisdictions report to the State 7. Will local jurisdictions report to the State the number of anonymous SAFE kits the number of anonymous SAFE kits collected? Will these cases be reflected in collected? Will these cases be reflected in UCR?UCR?

There is currently no statewide mechanism for There is currently no statewide mechanism for tracking the number of anonymous SAFE kits tracking the number of anonymous SAFE kits collected. However, SAFE programs and law collected. However, SAFE programs and law enforcement agencies are encouraged to keep enforcement agencies are encouraged to keep track of how many anonymous sexual assault track of how many anonymous sexual assault reports are made. reports are made. Law enforcement agencies Law enforcement agencies are not required to include anonymously are not required to include anonymously reported sexual assaults kits in their reported sexual assaults kits in their statistics that are given to UCR.statistics that are given to UCR.

FAQsFAQs

8. Does the VAWA 2005 forensic 8. Does the VAWA 2005 forensic certification requirement pertain to men certification requirement pertain to men and children?and children?

This statute does apply to men and to teens This statute does apply to men and to teens ages 13 and up. ages 13 and up.

9. Doesn’t anonymous reporting conflict 9. Doesn’t anonymous reporting conflict

with Maryland’s mandatory reporting with Maryland’s mandatory reporting laws for child sexual abuse?laws for child sexual abuse?

No. All types of State mandatory reports to No. All types of State mandatory reports to law enforcement and/or government agencies law enforcement and/or government agencies such as Child Protective Services or Adult such as Child Protective Services or Adult Protective Services supersede the federal law. Protective Services supersede the federal law.

FAQsFAQs

Contact InformationContact Information

Maryland State STOP Grant Administrating AgencyMaryland State STOP Grant Administrating AgencyGovernor's Office of Crime Control and PreventionGovernor's Office of Crime Control and Preventionwww.goccp.orgwww.goccp.org

Kristen Mahoney, Executive DirectorKristen Mahoney, Executive Director Herman Ingram, Division ChiefHerman Ingram, Division ChiefKmahoney@goccp-state-md.orgKmahoney@goccp-state-md.org herman@goccp-state-md.orgherman@goccp-state-md.org410-821-2828410-821-2828 410-821-2841410-821-2841

Justice Schisler, STOP VAWA Program Manager Justice Schisler, STOP VAWA Program Manager Justice@goccp-state-md.org Justice@goccp-state-md.org 410-821-2850410-821-2850

Maryland State Sexual Assault CoalitionMaryland State Sexual Assault CoalitionMaryland Coalition Against Sexual Assault (MCASA)Maryland Coalition Against Sexual Assault (MCASA)410-974-4507410-974-4507www.mcasa.orgwww.mcasa.org

Office on Violence Against WomenOffice on Violence Against WomenFrequently Asked Questions: Anonymous Reporting and Forensic Examinations Frequently Asked Questions: Anonymous Reporting and Forensic Examinations http://www.ovw.usdoj.gov/docs/faq-arfe052308.pdfhttp://www.ovw.usdoj.gov/docs/faq-arfe052308.pdf

Violence Against Women Act (VAWA) 2005 Reauthorization Forensic Compliance Violence Against Women Act (VAWA) 2005 Reauthorization Forensic Compliance Mandates - Brief Overview: Mandates - Brief Overview: http://http://www.mcasa.org/pdfs/VAWA_Fact_sheet.docwww.mcasa.org/pdfs/VAWA_Fact_sheet.doc