Establishes a domestic violence fatality review team; adds members to the advisory council on domestic violence; repealer

Summary of provisions

Section 1 of the bill would amend Executive Law § 575(4) to make techni- cal changes in reference to membership on the advisory council. It would add two new members to the council and add the executive director of OPDV to serve as the chair of the council.

Section 2 of the bill would repeal Executive Law § 575(7), which requires OPDV to develop a model domestic violence policy for counties.

Section 3 of the bill would renumber subdivision 8 of Executive Law 575 as subdivision 7, delete the opening title and paragraphs (a) and (b), which required OPDV to make a report and recommend a model domestic violence policy for State agencies.

Section 4 of the bill would add a new subdivision 8 to Executive Law §575 to create a domestic violence fatality review team within OPDV.

Sections 5 and 6 of the bill would repeal Executive Law § 575(9) and (10), which required OPDV to develop a model domestic violence employee awareness and assistance policy for businesses and to study and issue a report on the advisability and feasibility of creating an address confi- dentiality program for victims of domestic violence.

Section 7 of the bill provides the effective date.

Existing law

Currently, each county is required to have a child fatality review team. The proposed domestic violence fatality review team could not examine cases that are under review, or have been reviewed, by a county child

fatality review team. New York City has a local law mandating aggregate city-wide domestic violence fatality reviews.

Prior legislative history

This is a new bill. OPDV proposed a different domestic violence fatality review bill for the 2010 legislative session that was not introduced in either house.

Statement in support

The primary purpose of a fatality review is to bring together domestic violence-related professionals in a community to review domestic violence homicides and suicides, in an effort to understand more fully the factors involved and the sequence of events in a case, with the goal of identifying gaps in response or service delivery and determining how the system can be improved, in order to help prevent future deaths.

According to 2010 data analyzed by the NYS Division of Criminal Justice Services:

o 73 intimate partner homicides were reported in 2010, with 34 reported in New York City and 39 in the rest of the state;

o females were the victims in 85% of the intimate partner homicides in New York State (62 of 73); and

o 44% of adult female homicide victims were killed by an intimate part- ner, compared to 1.7% of adult male homicide victims.

Unfortunately, both 2010 and 2011 saw high profile homicides that took the lives of domestic violence victims and their young children. These tragedies are behind the alarming statistics that suggest the need for communities to examine what is happening with domestic violence cases and to explore what may be done to help prevent future deaths.

According to Neil Websdale, Ph.D., Director of the National Domestic Violence Fatality Review Initiative:

Comprehensive fatality review allows us to make sense of the death(s) by recreating the experiences of the victims, perpetrators and other parties involved in the case, exploring the compromises and challenges parties faced in accessing services, making decisions and exploring strategies. The review prioritizes the experiences of victims, giving us new ways of improving services, plugging gaps, increasing communications between those agencies typically involved and increasing the links between services and community members.... Teams note the warning signs that might have suggested the case was moving toward a lethal outcome.... Finally, teams suggest a number of recommendations based on the outcomes of their review(s), the goal being to make realistic recom- mendations that can be effectively implemented and that contribute to more effective coordinated community responses to domestic violence.(1)

New York State first examined the issue of domestic violence fatality review in 1996 when the NYS Commission on Domestic Violence Fatalities was established. The commission investigated 57 homicides and held public hearings across the State on the issue of domestic violence fatalities and the question of how to respond to them. In its report, released in October, 1997, it recommended, among other things, that "(c)ommunities can review fatalities at the local level, where familiar- ity with the services and responses in domestic violence cases is great- est.(2) Many of the commission's recommendations have been implemented, but a limited number of communities have conducted fatality reviews.

In 2006, the Division of Criminal Justice Services ('DCJS") conducted a survey to determine the level of activity and structure of local reviews of serious incidents/fatalities related to domestic violence.(3) The survey was distributed to district attorneys, police departments and domestic violence service providers. Based on 207 responses, represent- ing all 62 counties, DCJS found that approximately one-third of counties have or had a review and 26% (16) were conducting reviews in 2006. The survey allowed local communities to use their own definition of a fatal- ity review, so the depth and extent of these inquiries varied: Law enforcement professionals and domestic violence service providers that were currently conducting reviews reported that the reviews had "substantial value for their community." The surveys also indicated that "the large majority of counties without reviews... have one or more domestic violence-related professionals who have expressed their desire to bring review initiatives to their community."

This legislation provides for a domestic violence fatality review team to be established by OPDV, in consultation with the advisory council, to work with local communities in conducting a few fatality reviews each year. In these fiscal times with limited local resources, the model proposed - a State and local partnership - would require the state team members to undertake most of the preparation work, and allow maximum contribution to a review, with minimal preparation and no reporting requirements, at the local level. Both the State and local jurisdictions may be able to receive funding through the National Domestic Violence Fatality Review Initiative, which is funded by the U.S. Department of Justice to assist States and communities with domestic violence fatality reviews.

The details of the reviews and identifying information would remain confidential, but OPDV would be required to report periodically to the Governor and the Legislature aggregate data and recommendations that result from the reviews. This structure would allow local communities to benefit from the review while providing important information to assist the State in identifying broader systemic challenges.

By providing civil and criminal immunity to team members, the proposal affords protections for teams to explore fully all aspects of a fatali- ty. When implemented well, reviews can determine what has worked and what needs improvement in responding to domestic violence, with the

ultimate goal of increasing the safety of domestic violence victims, their families and communities.

In addition to establishing a domestic violence fatality review team, this proposal makes several changes to OPDV's enabling legislation. Two core partners in working on domestic violence and sexual assault issues and services, the NYS Coalition Against Domestic Violence and the NYS Coalition Against Sexual Assault, are added to the advisory council. The OPDV Executive Director is added to the advisory council, as chair, to streamline the Director's legislatively-established role as primary advisor to the Governor on domestic violence, and to facilitate effec- tive communication with advisory council members.

Budget implications

OPDV anticipates being able to implement this initiative with its exist- ing resources. With the assistance of the advisory council, it is anticipated that members of the review team can be selected to partic- ipate without undue hardship to their agencies or organizations. Local agencies would be involved in only one review, requiring an agency representative to participate in a one or two day review meeting. It is anticipated that relevant agencies, organizations and service providers could attend without hardship and would benefit greatly from partic- ipation in the review, as would their communities.

Effective date

This bill would take effect 180 days after it becomes a law.

FOOTNOTES

(1) OPDV Bulletin, Fall, 2009 (2) Report to the Governor, Commission on Domestic Violence Fatalities, October, 1997. (3) Domestic Violence: Research In Review/"Domestic Violence Serious Incident/Fatality Reviews in New York State" by Deborah Chard-Wierschem and Melissa Mackey, NYS Division of Criminal Justice Services, October 2006.