WHO IS A HIGH RISK
OFFENDER?
BEHIND NOT SO CLOSED DOORS
Assessment and Evaluation
Jill Johansson-Love Ph.D.
North Texas Effective Work with Batterers
6th Annual July 24-25, 2014
WHY DO WE CARE?
 Nationally between 2003 and 2012 the nonfatal domestic violence accounted
for 21% of all violent crime with 15% being intimate partner
 The majority of the violence was against females(76%) vs. males( 24%)
 Most of the domestic violence occurred near the victim’s home (77%)
 Most of the violence was by current or former boyfriend or girlfriends and
intimate partner violence cause more injuries than violence by other family
members
 A weapon was more frequently used by a relative (26%) than intimate partners
(19%) or family members (19%)
 56% of the intimate partner violence as well as immediate family violence
was reported to the police
U.S. Department of Justice,
Office of Justice programs,
Bureau of Justice Statistics,
Special Report,
Nonfatal Domestic Violence 2003-2012,
published April 2014
NONFATAL DOMESTIC VIOLENCE
TRENDS 2003-2012
THE 2010 VIOLENCE POLICY CENTER:
WHEN MEN MURDER WOMEN: AN
ANALYSIS OF 2008 HOMICIDE DATA
Key Findings:
 For homicides were the perpetrator victim relationship could be identified
92% of the female victims were murdered by someone the knew
 In the homicides where the male perpetrator was known 64% of the victims
had a intimate relationship history with the perpetrator
 12 times as many females were murdered by a known male than were killed by
a male stranger
 Nationwide more female homicides were committed with a firearm than any
other weapon
 In 85% of all incidents where the actual circumstances of the murder could
be determined the murder was not related to another felony such as rape or
robbery
WHY DO WE CARE, LOCALLY?
• According to the Texas Department of Public Safety the number of
family violence incidents increased with 11.5% from 2011 to 2012 with
198,366 reported incidents of family violence.
WHY DO WE CARE, LOCALLY?
• In 2012 in Texas 114 women were killed, adults utilizing shelter services
were 11,994 along with14,534 children. 26.2% of individuals seeking
shelter were turned away
WHY DO WE CARE, LOCALLY?
• In 2013, just the Dallas Police Department Family Violence Unit
reported 10,812 reported offenses, 91 sexual assault offenses, 180
violations of protective orders, and 5,782 arrests.
WHY DO WE CARE, LOCALLY?
DALLAS POLICE DEPARTMENT
2013
2012
2011
How many domestic violence homicides were there?
23
31
15
How many domestic violence incidents were there?
13,008
13,324
13,785
How many domestic aggravated assaults were there?
1,217
1,247
1,230
DALLAS COUNTY CSCD
2013
2012
2011
How many persons were on felony probation for domestic violence charges at the
start of the year?
1,454
1,242
987
How many of these cases were revoked?
228
220
184
How many were revoked for a new offense?
124
90
101
How many were revoked for a new assaultive offense?
56
50
28
VARIOUS ASSESSMENTS
RISK ASSESSMENT- predicting risk of another
assault (or general recidivism risk assessment)
LETHALITY ASSESSMENT- predicting risk of
certain situation ending in death (murder in this case)
SAFETY ASSESSMENT- assessing the measures a
victim and the community are taking to keep a victim safe
a
CRITIQUE OF LETHALITY
ASSESSMENTS
In 2000, Dr. Websdale published “Lethality Assessment Tools: A critical
Analysis” for the National Online Resource Center on Violence Against
Women.
Multiple assessment tools: (Domestic Violence Inventory; Salt Lake City
Victim Advocate Program Lethality Assessment; Domestic Violence Risk
Assessment; Assessing Risk; Enrollment form for ADT Aware Program;
Danger Assessment Instrument; assessing the Lethality of Batterers)
• Many similar risk factors but the only measure based on a domestic
homicide data set is the Danger Assessment Instrument and it is also
highlighted as having a large sample of Black women and has shown useful
with both Black and Hispanic women
CRITIQUE OF LETHALITY
ASSESSMENTS
•
The author suggest these should be called dangerousness assessments not
lethality and that many lethality indicators are present in domestically violent
relationships
• Skewed data based on emergency care, lack of documented incidents
• Measure obscure the individualized nature of the victims environment
• Useful in communication and advocacy
WARNINGS!
• An instrument cannot be the only thing used, in my opinion for any
assessment/ evaluation type
• The specific score cannot substitute actual interviews with the people involved
• The victim should not be answering these instruments where the batterer is,
where the batterer is close or can appear!
THE DANGER ASSESSMENT
INSTRUMENT
 The DANGER ASSESSMENT is an instrument used as a tool
to determine the level of danger an abused woman has in
being murdered by her intimate partner.
 It was developed in 1986 by Jacquelyn Campbell using data
from 18 cities.
 There is a four item lethality assessment to be used by law
enforcement
 DPD has their own longer lethality assessment you should
look for it for all cases after October 2012.
THE DANGER ASSESSMENT
RISK FACTORS FOR LETHALITY SUCCESS VS. ATTEMPT
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Stalking
Recent separation (victim or offender initiated)*
Increasing frequency and severity of assaultive behavior
Unemployment (out weighed race factor)*
Choking attempts
A gun in the house-Important risk factor
The perpetrator used drugs
The perpetrator forced victim to have sex
The perpetrator threatened to kill the victim
Victim believed perpetrator was capable of killing
FEMICIDE
(COMPLETED AND ATTEMPTED) VS. CONTROLS
 Perpetrator drinking close to daily
 Controlling behavior especially with recent separation
 Hitting victim while pregnant
 Violent jealousy
 Perpetrator threatened or attempted suicide
 Perpetrator violent towards children
 Perpetrator violent outside the home
 Prior domestic violence arrests
RISK FACTORS AT THE
TIME OF FEMICIDE
 Perpetrator unemployed
 Perpetrator has a stepchild
 Previous threat with a weapon
 Very controlling especially if recent separation
 Perpetrator used a gun
Triggers: victim leaving or jealousy with victims new relationship
FEMICIDE FOLLOWED BY
SUICIDE
SAME RISK FACTORS
 Perpetrator gun
 Threats with a weapon
 Stepchild
 Estrangement
UNIQUE RISK FACTORS
 Perpetrator suicide threats and poor mental health
 Married
 Higher level of education and white
OTHER FACTORS TO CONSIDER
 Violence towards pets is a risk factor for domestic
abuse (not femicide but needs further investigation)
 Military history not a risk factor (needs further investigation)
 Couple never living together is a protective factor
 Perpetrators will minimize their actions
 Listen carefully to what they are telling you!
 66% of stalked and battered victims had contacted
authorities 56% contact in medical area
 56% of batterers had prior arrests
BRADY BILL
Any DV conviction misdemeanor or felony not
allowed to own guns-law in all states
but Judges need to order gun removal
(What about deferred probation?!)
The 2010 Violence Policy Center: When men murder women: An analysis of 2008 homicide data,
suggests women has to consider having a gun in her home “for protection” as it increases her risk
for intimate partner homicide
SPECIAL ISSUE: WEAPONS
 Be sure to ask the victim, perpetrator, and any collateral
contacts about whether the perpetrator owns weapons or has
access to weapons. Remember family members has weapons!
 Look for evidence in collateral information (records) related to
a history of weapons ownership, possession, and/or use. For
example, prior charges involving a weapon or gang
involvement etc., would suggest ownership of firearms and, at
a minimum, familiarity with their use.
 Weapons should be addressed directly in any safety plans
and/or supervision conditions. Judge may need to order
surrender of weapons to ensure this issue is addressed directly .
OVERALL RISK AREAS FOR FURTHER
DOMESTIC VIOLENCE
AS IDENTIFIED BY THE DVRNA USED IN COLORADO DV COURTS
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Prior domestic violence related incidents
Drug or alcohol abuse
Mental health issue
Suicidal/homicidal
Use and/or threatened use of weapons in current or past offense or access to firearms
Criminal history – non domestic violence
Obsession with the victim
Safety concerns
Violence and/or threatened violence toward family members including child abuse
Attitudes that support or condone spousal assault
Prior completed or non-completed domestic violence treatment
Victim separated from offender within the previous six (6) months
Unemployed
Involvement with people who have pro-criminal influence
FORENSIC ASSESSMENT
DALLAS COUNTY CSCD - CATS
SPECIAL CONSIDERATIONS IN CATS EVALUATIONS
 Criminogenic risk/need factors
 Violence
 Recidivism
 Absconding
 Motivation and insight
 Peer group and support system
 Barriers to treatment
CRIMINOGENIC RISK FACTORS
Bonta and Andrews description of criminogenic risk/needs factors:
Antisocial personality pattern
Pro-criminal attitudes
Social supports for crime
Substance abuse
Family/marital relationships
School/work
Lack of pro-social recreational activities
SCREENING FOR THE
FELONY DOMESTIC VIOLENCE COURT
PROGRAM (FDVC)
 Due to the extensive time allotted to the Forensic Domestic Violence Risk
Evaluation and the limited resources we have created a very stringent
screening criteria.
 Once referred and identified as a domestic violence case regardless of
actual offense, court of jurisdiction, open plea, plea bargain, or trial a
CATS department screener will complete the screening document. If the
person is screened in either they will be seen or have an appointment made
to complete the Forensic Domestic Violence Risk Assessment with Dr.
Guerrero
 The majority of the D.V. cases will have a regular CATS evaluation
Criteria for Referrals for Forensic DV Risk Assessment Criteria
NOTE: Male offenders only, instant offense is assault related toward an intimate partner (e.g., spouse)
SCREENING DOCUMENT
1. If the OFFENSE INVOLVED A GUN automatic referral
2. If THREE OR MORE of the following criteria are met related to ANY DV offense involving the victim, immediately refer
for a Forensic DV Risk assessment:
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A weapon (other than a GUN) used or present
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The victim was choked (or breath was otherwise impeded)
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The victim required medical treatment
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The defendant forced sexual intercourse
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The victim was pregnant
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The defendant verbally threatened to kill the victim
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Victim believed the defendant capable of killing her
3.
If SIX OR MORE criteria are met totaling the top part with the following criteria related to ANY DV offense involving the
victim, immediately refer for a Forensic DV Risk assessment:

Multiple incidents of domestic violence (this does not have to be the current victim)
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Evidence of violent jealousy (e.g., assault began because defendant thought the victim was unfaithful)
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Controlling
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Presence of a child during the offense
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Violence in public (e.g., in a car)
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Violation of a protective order
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Defendant under the influence of alcohol or drugs during the offense
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Defendant is unemployed
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The defendant and victim had separated (moved apart) during the preceding year
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The defendant has avoided being arrested for domestic violence (e.g., fled the scene)
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The victim has children that are not the defendant’s
THE FORENSIC DOMESTIC
VIOLENCE RISK EVALUATION
• Full Dual Diagnosis Evaluation/full psychological evaluation
• Different focus from general recidivism to lethality
• Additional questions about relationship history and focused on DV risk
factors including specific controlling/stalking, violent, and public problem
behavior
• Additional focus on collateral data, including prosecutor file and multiple
police reports
• Interview with victim and scoring of the Danger Assessment
• Psychological Testing (PAI or/and MCMI-III)
• Malingering testing as needed (TOMM, SIRS-2 or if cognitive issues VIP)
ASSESSMENT METHODS
INTERVIEW OF PERPETRATOR
 Semi-structured interview covering all issues in a typical psychological
evaluation but with an extra focus on intimate relationship history, power and
control issues in relationships, history of violence within intimate
relationships, attitudes towards women, and risk factors associated with
domestic violence.
 Can require a shift in approach within the interview. Often will require starting
with a “good cop” or friendly, less directive approach. Let the interviewee talk.
The goal is to get him talking and pay attention to how he describes things.
After rapport is established and information from his perspective is gathered,
it can be helpful at times to confront inconsistencies. Also, confrontation and
pushing a bit can sometimes bring out angry reactions with less censoring of
responses.
 Be sure to find out about current status of relationship, including ongoing
contact, even if perpetrator is in jail. Ask about direct versus indirect contact.
ASSESSMENT METHODS
COLLATERAL DATA
 Having collateral sources of information is imperative.
 Review of records includes criminal record, offense reports, police
incident reports, probation records, jail records, treatment records (if
applicable), evidence related to case (photos, 911 recording, detailed
witness statements). Incident Reports-location or person. Special D.V.
attachment from police.
 Victim Interview (in-person if possible) with the Danger Assessment
 Collateral information is needed to provide a full picture of the
dangerousness of the situation, given the tendency of the perpetrator to
minimize and, at times, for the victim to minimize as well (could be to
protect herself from further violence).
ASSESSMENT METHODS
PSYCHOLOGICAL TESTING
 Mental Illness is not considered a risk factor for Domestic Violence.
 Research does not show one personality type of DV perpetrators.
 However, having data regarding the perpetrator’s personality, especially if a
personality disorder is present, can inform treatment and in general
provide information that may aid in understanding the perpetrator overall.
 Psychological testing can aid in understanding the perpetrator’s dynamics
in relationships (e.g., narcissistic traits versus borderline traits versus
antisocial traits).
ASSESSMENT METHODS
DANGER ASSESSMENT
 USE OF DV RISK INSTRUMENT – INCLUDING VICTIM INTERVIEW
 Various options available, but some are designed to measure the risk for re-assault rather than
lethality.
 We use the Danger Assessment (DA) by Campbell, since it is designed to be a lethality risk
assessment tool.
 DA involves a victim interview. Access to the victim is imperative in conducting a solid
lethality assessment.
 DA involves 20 questions, with weighted scoring, and produces a score and category of
danger (variable danger, increased danger, severe danger, and extreme danger).
 When a victim is in the extreme danger category, she should be advised of the serious danger
of her situation. Criminal justice system should consider higher bail, higher monitoring for
the perpetrator.
 Other danger levels should also be advised of risk and encouraged to participate in safety
planning.
 Be sure to find out from the victim is there is current contact and whether she wants to be
having contact. What kind of contact is it?
EXAMPLE QUESTIONS
ASK NUMEROUS QUESTIONS ABOUT THE RELATIONSHIP AND ADD IN
SPECIFIC ONES AMONG NON-THREATENING ONES:

So you were together for a year, were you really close? Did you call each other through out the day to
check in? Did you share passwords to your phones, computers, Facebook etc. Did she ever check your
phone without permission? Did you check hers? How much time did you have for each other? Did you
ride together to work or have lunch?
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Assess size differential to use for confrontation later when justifications and excuses are used….
NORMALIZING THE SITUATION TO MAKE IT LESS OBVIOUS:
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Usually when these types of arguments happen there has been trouble in the relationship for some time.
When do you think you began arguing more? What would you argue about? What would she do? What
would you do? Where the children there?
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How did you meet? What did you first like about her, the way she dressed? What about it…..
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So you were a gang member what type of guns did you used to have?
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You described your father as manly did he ever teach you how to shoot or hunt?
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You grew up in the country so you like to hunt and fish? What did you used to hunt with? Who taught
you to use a gun?
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Did you know each other’s families? Did she know your ex did you know hers? Was she ever jealous?
Did she ever spy on you? Did you ever spy on her?
EXAMPLE QUESTIONS
DO WHAT LAWYERS DO, MAKE A HYPOTHETICAL:
 If someone busted in your door and screamed they were going to kill you, would you
be afraid? Do you think she was afraid? Why not?
 If I needed to get a hold of her for any reason or to verify this non-prosecution
statement what would be the easiest way? What is her number? Where does she work
(when is she there)? Who else would know how to contact her?
 If someone hit you and threatened you how would you feel? How do you think she
feels about what happened? How do you think the children felt?
 If you could go back and change something in your relationship or about the incident
what would you do differently? What would you like for her to do differently?
EXAMPLE QUESTIONS
OTHER LESS THREATENING WAYS OF ASKING:
 What do you do for protection in your home? Do you know any martial arts? Do you have
a trained dog? Do you have bars on the windows? Did the two of you own a gun for
protection?
 During your arguments did it ever get physical? Not even pushing or shoving each other?
 You told me that your arguments were only verbal prior to this incident, did you guys ever
say things to be mean or threaten to hurt each other?
 How many times have you separated during your relationship? Who usually move out? How
quickly do you get back together? What caused the separation?
 How many times did the police get called to your house for arguing or disturbing the peace?
 How do you feel about her today? Are you planning of making it up to her if you are
allowed to see each other? Have you apologized? How, in letter, phone call or through
someone else?
 Has she contacted you since the incident? What do you think she wants to happen in the
future?
STALKING BEHAVIOR CHECKLIST
RECOMMENDATIONSDISCUSSION
BIPP vs. Anger management
Parenting, third party exchanges
UAs, SCRAM, drug patch
No contact order
ELM vs. GPS
Substance abuse treatment
Mental health treatment
FDVC PROGRAM
Presiding Judge: Hon. Rick Magnis
 Began in January 2014 to provide more structured supervision for high risk
individuals on probation for domestic violence offenses
 The program targets individuals whose offenses and attitudes toward their victims
suggests a high potential for lethality in their romantic relationships
 The court program is designed to be 9-16 months in duration
 Potential participants are referred for an enhanced Domestic Violence CATS evaluation
by the court or field CSO, or are identified during the CATS screening process as
potential candidates, and placement on this court is recommended in this evaluation if
they are determined to have a high risk for future lethality.
 If the judge in the probationer’s court of origin orders the probationer to the DV
court, his case is transferred to Judge Magnis’ court.
FDVC PROGRAM
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The goal of the Dallas County Felony Domestic Violence Court (FDVC)
Program is the institutionalization of procedures to promote victim safety,
offender accountability, and offender rehabilitation.
Court requirements for participants
Phase 1: Initial Engagement (10-30 days)
Phase 2: Basic Competency (3-6 months)
Phase 3: Advanced Competency (3-6 months)
Phase 4: Final Completion Phase (3 months)
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Participation in specialized BIPP programming
Initial weekly appearances in court before Judge Magnis; this decreases over
time
Compliance with all other requirements (e.g., a no-contact order, monitoring,
and/or substance abuse treatment)
FDVC PROGRAM-COURT TEAM
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Judge
Public Defender
Prosecutor
CATS Clinical Assessment Specialist
Assessor will be experienced in conducting forensic psychological evaluations and will have specialized training in the dynamics and i ssues
specific to domestic violence cases, as well as risk assessment in general.
The CATS assessor will conduct the initial risk assessment prior to a defendant’s placement in the FDVC program.
The assessor will also be available to conduct re-assessment at any point during a participant’s tenure in the FDVC program. Referra ls for
re-assessment will be made by the court team.
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Probation Officer
Probation officer will be experienced in supervising high risk offenders and will be trained in domestic violence risk factors in parti cular,
allowing him/her to identify and address risk factors to the court team to ensure victim and community safety, offender accou ntability,
and timely judicial action when needed.
The officer’s caseload will be limited to 40.
The officer will be trained on the monitoring devices commonly used in the FDV Court.
The officer will be responsible for coordinating services, ensuring that appropriate information is shared with court team member s and
making sure that the offender’s requirements of probation are followed. He/she will maintain current pertinent information o n a FDVC
program staffing sheet and will bring the staffing sheet each week to court team staffing meetings for each offender on that week’s docket.
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Victim Advocate
Treatment Provider (BIPP)
Weekly progress notes to officer
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Law Enforcement Representative
FDVC PROGRAM
 Advancement to different phases requires the participant to demonstrate
applied knowledge regarding information presented in BIPP and present
this to court.
 Phase advancement also requires:
Demonstrated long-term compliance with probation requirements
Active participation in treatment
Application
 If the participant does not advance within the maximum time period for
each phase, his case is reviewed for a potential unsuccessful discharge.
BOUNDARIES
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What is your role, know it and stick to it!
Homicidality, if you are concerned communicate!
Who is on probation, the victim or the perpetrator?
Are you being manipulated?
Document all communications!! May be setting up a defense….
Presentation, remember you are not their significant other so the person
you are interacting with is likely not the same as the victim interacted
with..
• Read the police report and evaluations!
QUESTIONS
Kmedia films-domestic violence