Monday, December 7, 2009
Anger Management vs. BIP
Experts in the field of domestic violence have long considered BIPs to be best equipped to handle the needs of batterers. Anger management programs are sometimes utilized in place of BIP. While excellent at what they are designed to do, anger management programs do not generally meet the needs of most batterers. The following chart was provided by Department of Children and Families (DCF) as a helpful reminder of the differences between anger management and BIP.
Anger Management (AM) vs. Certified Batterer Intervention Program (BIP)
Are programs state certified?
AM: No
BIP: Yes. Certification is granted by the Florida Department of Children and Families, Domestic Violence Program Office.
Who is served by the programs?
AM: Perpetrators of stranger or non-intimate violence
BIP: Specifically designed to work with perpetrators of intimate partner violence.
How long are the programs?
AM: Usually 6-20 sessions, with an average program lasting 10 sessions (Typically Orange & Seminole courts order an 8-hr anger management class).
BIP: Mandated by Florida Statute at 29 weeks which includes a minimum of 24 sessions, assessment, intake/enrollment and orientation.
Do programs contact victims?
AM: No
BIP: Yes. By letter when the batterer enrolls and is discharged from the program. If the offender makes known threats toward the victim, the program will contact the victim and the proper authorities. The victim is provided with local referral information.
Are programs monitored by a state agency?
AM: No
BIP: Yes. By the Department of Children & Families, Domestic Violence Program Office.
Are programs linked with a battered women's agency?
AM: No
BIP: Not directly. Letters to victims contain contact information for local certified domestic violence centers. Certified batterers programs are encouraged to establish relationships with their local certified centers and many have fostered that relationship.
Do programs assess batterers for lethality?
AM: No
BIP: Yes. While not a prediction model, certified assessors conduct an assessment which includes questions which reveal how potentially lethal a batterer may be - such as if he owns a gun, has a history of intimate partner violence or has been convicted of other violent offenses.
What is the emphasis of the intervention?
AM: Violence is seen as a momentary outburst of anger.
BIP: Physical violence is seen as one of many forms of abusive behaviors chosen by batterers to control their intimate partners. Other behaviors include physical, sexual, verbal, emotional and economic abuse. Batterer intervention models hold batterers accountable for the violent and abusive choices they make. They teach batterers to recognize how their abuse affects their partners and children and to practice alternatives to abusive behaviors.
Are group facilitators trained about domestic violence?
AM: Subject to agency discretion
BIP: Yes. State standards require that facilitators receive an initial 21 hours of state approved basic facilitator training, 8 hours of substance abuse as it relates to domestic violence, 4 hours of attendance at domestic violence court hearings, 40 hours of victim centered training and 84 hours of co-facilitating with a certified program (may not be completed in less than six months). Twelve CEU's in DV/batterer intervention are required annually thereafter.
How would I address grievances with this type of program?
AM: Talk to the director of the program
BIP: First, talk to the director of the program and second, notify the DCF, Office of Domestic Violence Programs, (850) 921-2168.
For more info, see What Batterer Programs Can & Cannot Demonstrably Do
Saturday, April 25, 2009
Misdemeanor DV Court Gets "It"
Because of their specialized training, the prosecutors and judge in this division routinely include BIP (the 26 week Batterer's Intervention Program) in their plea agreements and sentencings. I spent a lot of time in Judge Brewer's courtroom in the early months of my courtwatching career and learned a great deal from him.
Once I began to monitor the felony courts more often, I was astonished to see the prosecutors and judges rarely, if ever, order BIP for domestic violence offenders - either in their plea agreements or when they'd been adjudicated by a jury. I can only assume that because their divisions handle a wide variety of offenses, that they didn't know that the Statute says:
- if a defendant pleads guilty or no contest to a crime of domestic violence, even if adjudication is withheld, Florida Statute requires they be receive 1 year's probation and be ordered into BIP - if the Court finds BIP is not appropriate (which would be the case in non-intimate partner violence), it must state on the record why it is not
- if a defendant is adjudicated guilty of a crime of domestic violence and they've intentionally caused bodily harm to the victim, they must be sentenced to a minimum of 5 days in jail
Last fall we presented our concerns to Chief Judge Belvin Perry about our findings that sentencings in felony divisions were not in accordance with statutory requirements. After researching the Statute, he agreed and issued a memorandum to the judges to make them aware of what the law requires. This memorandum was sent by CourtWatch to Lawson Lamar, the State Attorney for the Ninth Judicial Circuit (Orange/Osceola) in February.
In State v. Steven Piantieri 2008CF16896 (about which we previously blogged), the defendant was charged with felony battery and pled to misdemeanor battery on 3/31/09. He was ordered to complete 1 year of probation; have no contact with the victim (yet he was ordered to write her an apology letter!); 1 day jail with credit for time served (where is our 5-day jail term?); complete 35 hours of community service; continue with anger management counseling on a weekly basis with his existing counselor and provide proof to his attorney.
Orange County Probation's specialized DV unit asked for a hearing this week to clarify the sentence because there is no such program as Domestic Violence Anger Management. You can order either Anger Management or BIP (which is geared toward counseling batterers about issues of power and control - not anger). The victim definately wanted BIP ordered. The judge was inclined to agree. HOWEVER, the Assistant State Attorney handling the case, Diane Murphy, said that anger management was acceptable. BIP was not ordered for Mr. Piantieri.
For CourtWatch, and for the victim, this is unacceptable! We need the State Attorney and his Assistants to do their best to enforce the law. That is what we as citizens should expect from our prosecutors.
Wednesday, April 1, 2009
Kudos to Judge Roger McDonald
Our volunteer in the courtroom was impressed with the extreme care that Judge McDonald showed the victim and with the fact that he refused to withhold adjudication after she requested his record not be able to be sealed or expunged (despite his attorney's argument that a conviction could hurt his client from renewing his business license). He also, after learning that the victim had not requested restitution for medical bills and counseling, encouraged her to request compensation to cover these costs.
With respect to anger management class, CourtWatch believes that the plea offer should have insisted upon Batterer's Intervention Program (a 26-week class that counsels batterers about power & control issues) instead of the 8-hour anger management class. Florida Statute requires BIP in these types of cases. This was the responsibility of Assistant State Attorney Murphy to enforce. The judge should have asked why the agreement didn't specify BIP instead of anger management. Florida Statute also requires 5 days in jail when someone is adjudicated guilty of a crime of domestic violence. This is also the responsibility of the Assistant State Attorney to treat as non-negotiable. (see Florida Statute 741.281 and 741.283)
All in all, however, our volunteer was pleased with Judge McDonald's demeanor toward the victim. And we hope to see the State Attorney's Office be more vigorous in holding perpetrators of domestic violence accountable for their actions when negotiating plea agreements.
