Thank you. We're going to hear from everyone on the panel, then we'll have questions. Beatriz, are you next?
Thank you. Good afternoon almost -- or now. My name is Beatriz Vieira. I'm the Executive Director of Lutheran Settlement House. In our testimony with Ana Lisa Yoder, the Director of Domestic Violence Program, you have a chart about the Jane Doe Case Log, and hopefully you will see how complicated just by looking at this chart the process is for victims. So I'm going to help you by shortening my testimony quite a bit. So I just want to say that this Case Log came out of the Law Enforcement Subcommittee of the Domestic Violence Task Force, which was originally co-chaired by Lutheran Settlement House. 148 5/7/08 - PUBLIC SAFETY - RES. 080219 So this is an effort for everybody at the table to look at what would a victim have to go through, and the interesting thing that happened in this discussion is that not one person at the table, including lawyers, including the DA's Office, including the police and victim services, could actually -- had the entire picture together. So that's how this came about. So the Jane Doe Case Log is going to -- takes victims through the various systems, from the 9-1-1 call through the end for prosecution. For Jane, unlike many victims, each system provides an ideal response based on existing police detectives, court processes and departmental policies. So this is our ideal scenario. It represents the most straightforward situation, unencumbered by the reality of limited resources and large volume of the systems and that make quick and effective responses unusual. Jane Doe is also unaffected by 149 5/7/08 - PUBLIC SAFETY - RES. 080219 those individuals within each system who might mirror society's biases towards victims of domestic violence, holding her responsible, not believing her or discounting her for not responding the way a victim should, nor is Jane hindered by the many other common barriers faced by victims of domestic violence who need help from Philadelphia systems, including a very valid fear of retaliation by the abusive partner, lack of resources or social support, illiteracy, limited-English proficiency, biases towards victims of the same sex relationships, immigration issues and far others. In setting out to create the Jane Doe Case Log, the Committee made up of lawyers, police thought this would be simple and yet turned out it was not. Jane's saga begins when she dials 9-1-1 to report that her partner is beating her in her home. It ends a little more than a month later when Jane 150 5/7/08 - PUBLIC SAFETY - RES. 080219 decides not to prosecute, but only after five visits to court, six calls or visits with the police and contact with 5 different people in ten different systems 6 or organizations. As we walk a little 7 further through Jane's process with the 8 Philadelphia systems, I'd ask you to 9 remember the trauma she has just 10 experienced at the hands of her intimate 11 partner, likely not for the first time, 12 and imagine her navigating the systems in 13 the midst of her own terror, flashbacks, 14 nightmares or shame, all very normal and 15 common responses to trauma. 16 Since her abuse happens on the 17 weekend -- we had much conversation about 18 this -- Jane must go to the emergency 19 filing site for her emergency order and 20 back again on Monday to Family Court to 21 pick up her temporary order. She 22 successfully gets an emergency order and 23 is given a court date for the final 24 hearing nine days later. In the 25 meantime, her abusive partner is released 151 5/7/08 - PUBLIC SAFETY - RES. 080219 after making bail and he manages to snatch her child, telling Jane that she will never see her child again. In the midst of all this, Jane must also serve her abusive partner with a PFA order and asks for help from the police. Unlike many victims who go through this process, she is able to serve it only after two attempts. Jane accompanies the police during each attempt.
Prior to her final PFA hearing nine days after the initial incident, Jane also has to attend and testify at the preliminary hearing for the aggravated assault charge against her partner in front of a different judge and in a different location from the PFA hearing through an entirely separate process. When she does have her final PFA hearing, as so often happens, it is continued so that her abusive partner can get a lawyer. Jane must come back to court again and go before the judge again in order to get her final PFA. In the end, Jane does successfully get a PFA 152 5/7/08 - PUBLIC SAFETY - RES. 080219 against her abusive partner. However, for each visit to the police to serve her protection order, for each visit to court, for each appointment with a lawyer, she has to find child care, transportation and take time off of work. Jane, unlike many victims of domestic violence, has a lawyer to help her through the PFA process. She also gets help from the Philadelphia Domestic Violence Hotline run by the four domestic violence agencies in the City: LSH, Congreso de Latinos Unidos, Women Against Abuse and Women in Transition. Unlike many victims, Jane's partner does not stalk her or threaten to retaliate against her if she continues with the PFA or criminal processes. He also does not call her and beg for forgiveness, promising to change, telling her that her children needs their father. She does not have to face him threatening to have her deported, as is common for undocumented victims of domestic 153 5/7/08 - PUBLIC SAFETY - RES. 080219 violence. And yet even without all of those very common struggles, Jane Doe illustrates that the system faced by Philadelphia's victims of domestic violence, even in the simplest forms, is complex and cumbersome. Yet the question we most often hear from community members as well as those charged with helping victims in these systems is why do victims not follow through with prosecution or with the PFA hearing. I hope that if Jane Doe does nothing else, it helps to give one answer to this question. The burden should be on those of us within these systems to make it more likely that she is able to follow through, not bogged down by impossible barriers created by a confusing system. For every barrier that our systems remove, victims are one step closer to following through with obtaining PFAs and to using the criminal justice system effectively to hold the abusive partner 154 5/7/08 - PUBLIC SAFETY - RES. 080219 accountable for their behavior. I want to reiterate our hope that Councilmembers will allow the existing Law Enforcement Subcommittee to plan and establish the best practice model for the PFA service and other Philadelphia systems accessed by victims of domestic violence. Thank you again.
Good morning -- good afternoon. Thank you for this opportunity. My name is Julie Cousler-Emig. I'm from Congreso de Latinos Unidos and I'm the Vice-President for Health and Wellness overseeing our domestic violence program. On behalf of Congreso and the Latino community, I'd like to thank the Public Safety Committee of City Council for your interest in improving the PFA legal process for victims of domestic violence in 155 5/7/08 - PUBLIC SAFETY - RES. 080219 Philadelphia. Domestic violence is a very complicated social problem that has tremendous repercussions for all those involved. The systems charged with responding to domestic violence are no 8 exception. We in the domestic violence community have been very pleased with the system improvements made over the last five years, largely in response to the establishment of the Mayor's Task Force in 2003 following two days of testimony before this Committee. We look forward to continued attention placed on this issue to facilitate a best practice response to domestic violence in Philadelphia. Congreso is a large multi-service organization in Eastern North Philadelphia that serves about 20,000 annually. Domestic violence presents itself in all of our 70-plus programs, impacting all aspects of individuals' pursuits for better outcomes 156 5/7/08 - PUBLIC SAFETY - RES. 080219 for themselves and their families. Congreso's Latina Domestic Violence Program reaches nearly 2,000 adult and child victims of domestic violence annually through our child and adult counseling services, our medical advocacy education and response in the area health centers and through our 24-hour domestic violence hotline run collaboratively with our three sister agencies. Congreso reaches 2,000 more annually with prevention education targeted to children, youth, adults and service providers. This prevention work serves as an important portal for victims of domestic violence to receive services, sometimes learning for the first time that they are a victim of domestic violence. Domestic violence cuts across all races, cultures and levels of socioeconomic well-being, but as with each of these characteristics, there are nuances among Latinos' experience with 157 5/7/08 - PUBLIC SAFETY - RES. 080219 domestic violence that present unique challenges for those of us charged with helping. Many Latinos have the obvious challenge of having limited-English proficiency, which significantly impacts their ability to obtain assistance. From the first responders to the courthouses to the police district where individuals must go for assistance serving a PFA, obtaining and serving a PFA, many victims do not have adequate translation either via the use of Language Line, a trained interpreter or even bilingual police and court staff. It's not uncommon for an abuser to be the one to speak to the responding officer, conveying a very different reality to the officer and victim, sometimes threatening deportation to uninformed victims where appropriate. In the 25th and 26th Police District Stations, an area most Latinos in Philadelphia live, there are often surprisingly few Spanish-speaking officers on a shift, if any. Similarly, 158 5/7/08 - PUBLIC SAFETY - RES. 080219 at Family Court, one Spanish interpreter creates backlogs in a normal day, but creates significant problems when the individual is out for just the day or on temporary leave. The court-appointed interpreter is also usually the same for a victim as for abuser, further escalating the fear in this experience. Congreso had a counselor located at Family Court three days a week from 1998 to 2005. During this time, we worked actively with the court to improve the signage in Spanish and to increase the gestures of sensitivity and privacy to these individuals presenting for help.
However, with annual funding cuts since 2001, Congreso no longer offers this support for Spanish-speaking individuals at Family Court and instead relies on the under-resourced services of Women Against Abuse, who is at Family Court, to meet the information and communication needs for all victims beyond the capacity of the court. 159 5/7/08 - PUBLIC SAFETY - RES. 080219 Many Latino victims don't even come forward for help for a variety of reasons. Many don't know that resources and rights exist. Many Latinos come from countries where corruption is rampant through the police system and great distrust exists for the department designed to protect them and their rights. Many fear, with great legitimacy, that they will be ostracized from family, friends and even church for reporting their partner's abusive behavior to the police, and many fear for their safety once they do seek assistance, again with great legitimacy. We understand that this hearing was first called in response to the perception that victims of domestic violence must serve their abusers with a protection order. While that's not the case, many victims do think that they must serve their abuser, particularly among limited-English proficiency populations. Victims of domestic 160 5/7/08 - PUBLIC SAFETY - RES. 080219 violence are often confused, emotional, overwhelmed and scared when they present at Family Court. Language barriers complicate an already confusing process, even for individuals who speak English but for whom Spanish or another language is their first language. Information is communicated quickly and few retain all of the information. Congreso's experience with these challenges is primarily with the Latino community, but clearly these issues exist with other immigrant communities where the likelihood that victims will reach out for help is probably even less for all the reasons cited above. It is imperative that victims have all the information provided to them at all points verbally and in writing in their native language through bilingual staff, trained interpreters, including Language Line, and translated materials. All of those responsible for intervention at each critical juncture must convey 161 5/7/08 - PUBLIC SAFETY - RES. 080219 accurate information. For example, first responders must communicate to victims -- must not communicate to victims that three attempts at service of the PFA is good service. A typo in my written testimony. And victims of domestic violence should have skilled representation in order to increase positive outcomes, including follow-through with prosecution. The entire process from civil to criminal response is complicated, even for those of us working within the system. It is absolutely imperative that we create simple systems to convey accurate information consistently. We look forward to the ongoing work of the Law Enforcement Subcommittee and the leadership of this Committee in helping to make Philadelphia a safer place for all. Thank you.
Thank 162 5/7/08 - PUBLIC SAFETY - RES. 080219 you. Councilman Green.
Thank you, Madam Chair. Also, once again, I do just want to make clear that it was the understanding of this Council and the people that proposed the resolution that victims of abuse are required, must, see that a Protection From Abuse order is served, and that was the purpose of these hearings, to try to provide an option other than the responsibility being placed upon the victim. I understand that they don't have to physically serve, that there are other options, but that was the purpose of these hearings, just for clarity. You heard the questions I asked before about a central intake. Obviously it was one of your suggestions. Do any of you have any comment on that?
I guess I think there are a lot of different things that 163 5/7/08 - PUBLIC SAFETY - RES. 080219 we've talked about amongst ourselves here in Philly and particularly in the Law Enforcement Subcommittee, and I really feel like it would be --
Excuse me. Can you identify yourself for the record?
I'm sorry. My name is Ana Lisa Yoder. I'm the Director for the Bilingual Domestic Violence Program at Lutheran Settlement House. And I guess I would just agree with what I think most people have been saying here, which is that we really need to look at all options and sort of think through, because we can certainly sit here and say we think this particular option is going to work, but we need to be working with the different systems, that we're coordinating well.
I completely agree and that's why we've met with the Police Department and the First Judicial District and other people and we asked 164 5/7/08 - PUBLIC SAFETY - RES. 080219 you to testify here today.
I have one question. In the state, which city does it the best?
There's 67 counties, 62, 61 domestic violence programs in the Coalition. I can't be pulled that many ways. I can't answer one. I can tell you there are counties that are doing an absolutely fabulous job, and in those counties where the practices are most effective, it's because law enforcement has really stepped up to the plate and said, Tell me what we need to do. For example, in -- oh, goodness. Let me find it. It's Warren County. They have a sheriff who is personally involved. He is the sheriff of the county.
What's their population? 165 5/7/08 - PUBLIC SAFETY - RES. 080219
It's very small. It's not going to be comparable to Philly, because there are other barriers that they face in terms of much more physical distance. Some other practices in other counties that are very promising, not just with regard to service, but an issue that came up earlier was weapons confiscation. Bucks County has every Wednesday a hearing on weapons-related ICC, indirect criminal contempt, charges. So if a defendant is ordered to turn over his weapons and he doesn't, it is automatically -- he is going to be issued an ICC charge. He's going to be warranted if he doesn't come up to court. He'll be arrested and charged with that. So they automate it. They systematize it and it becomes routinized 166 5/7/08 - PUBLIC SAFETY - RES. 080219 and not so varying in case by case by case, and it really helps the predictability of the system and it helps victims access that when they know what to expect.
Does any of the counties have a judge specifically assigned just to hear domestic violence cases?
The Law Enforcement Subcommittee also made a visit to Brooklyn, where actually PFA hearings are heard in front of the same judge and criminal hearings are also held in the same location in front of the same judge, and it was a very interesting visit.
I think it makes for a lot more consistency and better 167 5/7/08 - PUBLIC SAFETY - RES. 080219 communication between the different systems, which we don't have currently in Philadelphia. Absolutely.
But in Philadelphia we have two judges generally who see all the cases at Family Court.
If I may, there's one other point that I wanted to make that was raised in a question asked earlier by Councilman Green, and that was about the overlap between outstanding warrants for other criminal charges and ICC charges for violating a PFA. While there is no data directly on that, I can tell you an anecdote based on the experiences of Pittsburgh, which is the most analogous area to Philadelphia in Pennsylvania. Their police department was specifically doing a gang sweep. They were trying to crack down on people who were known gang affiliated, but they 168 5/7/08 - PUBLIC SAFETY - RES. 080219 wanted to get at those defendants through looking at other outstanding warrants and criminal issues. They looked specifically at ICC charges, and they brought in hundreds, hundreds and hundreds of defendants, and there was a pronounced charge, a surge in the number of ICC hearings there were. There was such overlap between people who were considered to be violent criminals and people who were also abusing their partners. They're one and the same in many cases. Certainly not all, but in many cases, yes.
It's stands for indirect criminal contempt. It's the charge that is filed for violating a PFA. It's a quasi criminal charge.
169 5/7/08 - PUBLIC SAFETY - RES. 080219 Councilman Green, is that it for you?
I want to thank everybody for coming in. These kind of hearings are always a way to educate and spread the word about information. So I am sure that every Councilmember would welcome any literature or information that you have that they can distribute to constituents or post in their office on the bulletin board or put in their newsletter. So you can send it to me as Chair of Public Safety or you can send information to Councilman Green, and we'd be happy to help and do whatever we need to do in any way we can. Thank you. Thank you all for coming. (Thank you.)
I forgot to say this: This Committee is recessed to the call of the Chair. (Committee on Public Safety 170 5/7/08 - PUBLIC SAFETY - RES. 080219 adjourned at 12:25 p.m.) - - - 171 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on May 7, 2008, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)