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HomeMy WebLinkAboutResolution 2017-027 Approving MOU Violence Against Women FY 2017 MARANA RESOLUTION NO. 2017-027 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN PIMA COUNTY, THE MARANA POLICE DEPARTMENT, AND OTHER REGIONAL AGENCIES FOR THE U.S. DEPARTMENT OF JUSTICE OFFICE OF VIOLENCE AGAINST WOMEN FISCAL YEAR 2017 IMPROVING CRIMINAL JUSTICE RESPONSES TO SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING GRANT APPLICATION. WHEREAS Pima County is applying for a three-year U.S. Department of Justice Office of Violence Against Women Fiscal Year 2017 Improving Criminal Justice Responses to Sexual Assault, Domestic violence, Dating Violence and Stalking Grant; and WHEREAS the goal of this project is to reduce domestic/dating violence (including sex- ual assault and/or stalking in the context of domestic dating violence up to and including serious physical injury and homicide) by integrating the new Arizona Intimate Partner Risk Assessment Instrument System (APRAIS) into Pima County's criminal justice system; and WHEREAS if the grant is approved, Marana Police Department would implement the APRAIS Tool and work with the Pima County Attorney's Office, Emerge! Center Against Do- mestic Abuse, and local law enforcement agencies to assist high-risk victims and to identify highly dangerous offenders; and WHEREAS the Mayor and Council of the Town of Marana find itis in the best interests of its citizens to enter into the Memorandum of Understanding between Pima County, the Mara- na Police Department, and other regional agencies for the U.S. Department of Justice grant ap- plication. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, the Memorandum of Understanding between Pima County, the Marana Police Department, and other regional agencies for the U.S. Department of Justice Office of Vio- lence Against Women Fiscal Year 2017 Improving Criminal Justice Responses to Sexual As- sault, Domestic Violence, Dating Violence and Stalking Grant application, attached to and in- corporated by this reference in this resolution as Exhibit A, is hereby approved and the Chief of Police is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the Memorandum of Understanding between Pima County, the Marana Police Department, and other regional agencies. 00051552,[)OCX/I Marana Resolution No.2017-027 PASSED AND ADOPTED by the Mayor and Council of the 'Town of Marana, Arizona, this 4th day of April, 2017. MayoriEdf-onea ATTEST: APPROVED AS TO FORM: 66611;n C�d4�onson, Town Clerk Ian Cass "Town t mey MARANA AZ ESTABLtSHED 1977 00051552,DOCX/I Manna RCSOILItion No.2017-027 OVW FY 2017 Office of Violence Against Women Fiscal Year 2017 Improving Criminal Justice Responses to Sexual Assault,Domestic Violence,Dating Violence,and Stalking Grant Program Pima County,Arizona MOU Page I of 6 Memorandum of Understanding between Pima County, Arizona and The Pima County Attorney's Office, Emerge! Center Against Domestic Abuse, the Pima County Sheriff s Department, Tucson Police Department, South Tucson Police Department, Sahuarita Police Department, Oro Valley Police Department, and Marana Police Department for The U.S. Department of Justice Office of Violence Against Women Fiscal Year 2017 Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant Program Purpose Pima County, Arizona, is applying for a three-year U.S. Department of Justice, Office of Violence Against Women Fiscal Year 2017 Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant i n t h e am o u n t o f $8 9 8,7 2 5. The goal of this new project is to reduce domestic/dating violence (including sexual assault and/or stalking in the context of domestic/dating violence up to and including serious physical injury and homicide by integrating the new Arizona Intimate Partner Risk Assessment Instrument System (APRAIS) into Pima County's criminal justice system. History of Collaboration Among Partners As components of the Pima County criminal justice system, the Pima County Attorney's Office (PCAO) and the Pima County Sheriffs Department(PCSD) always have worked closely together to hold misdemeanor and felony domestic/dating violence offenders accountable and better serve their victims. As subunits of county government, they also have collaborated since 2007 to conduct several OVW Arrest and STOP grant projects that helped Pima County establish a Domestic Violence (DV) Court for serious first and all second-time offenders, support the efforts of the court's Adult Probation Department to identify and arrest DV absconders, work towards integrating evidence-based practices into our criminal justice system, and develop a coordinated community response to the crimes. In 2008, Emerge! Center Against Domestic Abuse (Emerge!) was formed as the result of a merger between two nonprofit organizations. Since then, Emerge! has been Pima County's most established and only comprehensive provider of services for victims of domestic/dating violence. In that capacity, Emerge! has been a frequent partner in a variety of single and multi-year grants with Pima County, including OVW Rural, STOP, Arrest and Community Defined Solutions Grants. Emerge! also collaborates with subunits of Pima County Government to ensure that the not-for-profit victim service perspective is included in the way they work. Some recent examples include: a forensic strangulation project involving PCAO, the Health Department, and Southern Arizona Center Against Sexual Abuse); a Fatality Review Committee; and a Domestic OVW FY 2017 Office of Violence Against Women Fiscal Year 2017 Improving Criminal Justice Responses to Sexual Assault,Domestic Violence,Dating Violence,and Stalking Grant Program Pima County,Arizona MOU Page 2 of 6 Violence Lethality Assessment Protocol Committee. The other five law enforcement agencies participating in this project: Tucson Police Department, South Tucson Police Department, Sahuarita Police Department, Oro Valley Police Department, and Marana Police Department, represent all of the local law enforcement agencies for Pima County's incorporated municipalities. Each has its own city court and prosecutors office to manage misdemeanor crimes committed in its respective jurisdiction. All, however, present virtually all their felony crimes for review and prosecution to the Pima County Attorney's Office. Therefore, they all share a very long history of working together to hold offenders accountable and to serve victims. And all have collaborated on special projects and grants. In 2007, for example, Sahuarita Police Department, Oro Valley Police Department, Marana Police, and PCSD partnered with PCAO to conduct an OVW Rural Grant that established PCAO Victim Services Division Satellite Offices in their facilities in order to bring staff and volunteer advocates closer to their under-served rural and suburban residents. These agencies also participated in the Lethality Assessment pilot project initiated in 2012 by the County Attorney's Office and Emerge! In 2016,the County received a VOCA grant that currently enables Tucson Police Department and PCAO to work together in a Sexual Assault Kit Backlog Reduction Project. That collaboration provides a full time employee (PTE) PCAO Victim Services Division advocate who works with Sexual Assault Unit detectives to: (a) notify and provide ongoing support for victims whose previously untested/stored sexual assault kits (some up to 20 years old) result in the DNA identification or verification of their offender(s); and (b)offer information and victim services to new sexual assault victims, all of whose sexual assault kits are now sent to a lab for testing. All five of the municipal police agencies, as well as the Sheriff's Department, PCAO, Emerge!, and Southern Arizona Legal Aid, along with representatives from indigent defense and the courts, came together last spring for a half-day of strategic planning regarding the best blueprint for a better coordinated community-wide response to Domestic Violence, and there was unanimity among all participating agencies that the top priority was to focus on the highest risk cases as determined by a Lethality Assessment or risk assessment tool, such as the new APRAIS instrument. All are seeking funding to expand their services to focus on high risk cases. This grant application focuses on the PCAO Domestic Violence Unit's development of a High Risk Team and the leadership and management of the crisis hotline at Emerge! to concentrate on and expand its response to victims at high risk. Other funding applications will focus on training and more widespread implementation for law enforcement and legal services, as well as other needs of Emerge! to expand its direct services and the housing resources it provides. OVW FY 2017 Office of Violence Against Women Fiscal Year 2017 Improving Criminal Justice Responses to Sexual Assault,Domestic Violence,Dating Violence,and Stalking Grant Program Pima County,Arizona MOU Page 3 of 6 Roles and Responsibilities of Each Partner The Pima County Attorney's Office agrees to: • Serve as lead agency for this grant on behalf of Pima County. In that capacity, the Pima County Attorney's Office will: coordinate all activities outlined in the Fiscal Year 2017 Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant application, manage the contract and all payments to the nonprofit project partner, Emerge! Center Against Domestic Abuse, monitor the progress of the project in order to ensure that all activities are conducted as planned and budgeted, and prepare/submit all required or requested reports. • Establish a High Risk Team consisting of a .25 FTE Supervising Attorney/Project Director, 1.0 FTE prosecuting attorney, 1.0 paralegal and 1.0 legal processing support staff. Together, they will manage the flow of APRAIS risk assessment information, aggressively prosecute the cases involving the most dangerous offenders and at-risk victims, and ensure that other DV and Misdemeanor Unit staff have adequate information and training in the use of the APRAIS tool. • Ensure that all victims at high-risk who did not initially accept the offer of Emerge! for safety planning and other services are offered the opportunity again and also connected with a PCAO Victim Service Division advocate who will be available to support them through the adjudication process. • Ensure that other PCAO DV Unit and Misdemeanor Unit staff members have adequate information about the dangerousness of offenders and risk level of victims as identified using APRAIS. • In conjunction with Emerge! and PCAO Victim Service Division, coordinate and/or provide law enforcement training on Risk Assessment Protocol and the APRAIS tool as well as other topics that enhance this project such as: witness intimidation; gender bias; sexual assault and/or stalking in the context of DV; the unique nature of victim trauma in DV and sexual assault; and meeting the unique needs of underserved populations, including those with disabilities or limited English proficiency, young teens, older adults, and members of the LGBTQ community. • Lead the Pima County DV Steering Committee and Fatality Review Team. • Conduct quarterly process and annual outcome evaluation meetings. Emerge! Center Against Domestic Abuse agrees to: • Hire and supervise a 1.0 FTE Em e r g e ! Hotline Supervisor who will report to the Director of Domestic Abuse Services to: • Ensure that victims at high risk identified through the new APRAIS tool receive immediate safety planning and referral to shelter services as needed via the Emerge! 24-Hour Hotline. • Ensure that victims at high risk receive follow-up direct services or referrals by Emerge! staff and volunteers as needed to heal and move forward more safely and autonomously. Those services may include, but are not limited to: crisis intervention, safety planning, 911 emergency cell phones, clothing, financial assistance, housing, employment, Department of Economic Security application assistance, medical assistance, parenting education services, victim compensation information and application assistance, relocation, support groups, help OVW FY 2017 Office of Violence Against Women Fiscal Year 2017 Improving Criminal Justice Responses to Sexual Assault,Domestic Violence,Dating Violence,and Stalking Grant Program Pima County,Arizona MOU Page 4 of 6 in filing petitions for Orders of Protection, victims' rights education, assistance with citizenship, naturalization, and Violence Against Women Act documentation. • Coordinate follow-up victim services with the PCAO Victim Service Division as appropriate to victim needs. • Participate in quarterly grant process evaluation meetings. • Participate in Pima County DV Steering Committee and Fatality Review Team meetings. • Work with PCAO to provide and/or coordinate law enforcement trainings. • Keep records and submit reports to the project director within the limits of client confidentiality. The Pima County Sheriffs Department,Tucson Police Department, South Tucson Police Department, Sahuarita Police Department, Oro Valley Police Department, and Marana Police Department agree to: • Participate in trainings on the APRAIS Tool and its implementation that are presented by the State, Pima County Attorney's Office and/or Emerge! • Use the new APRAIS tool as its standard method of determining the dangerousness of offenders and vulnerability of victims in all cases of intimate partner domestic violence that result in an arrest that is presented to the Pima County Attorney's office for prosecution. • Call PCAO Victim Services Division to request on-scene or telephone crisis information services for traumatized, high-risk victims. • Ensure that all victims who are determined to be at high risk for increasing dangerousness are immediately connected with the Emerge! Hotline as called for in APRAIS policies and procedures. Share timely information with the Pima County Attorney's Office High Risk Team to ensure that offenders who are identified as highly dangerous can be adequately investigated,charged and tracked and that victim safety and privacy is addressed in all activities. • Crosstrain with other project partners and participate in appropriate trainings provided by the Pima County Attorney's Office DV Unit,Emerge! and/or OVW. • Participate in the Pima County DV Steering Committee and Fatality Review Team. • Keep records, participate in quarterly project process evaluations,and submit reports to the project director within the limits of client confidentiality. Resources PCAO will provide office space, supplies, and local travel reimbursement to all PCAO project staff, and assume the portions of their salary and benefits that are not requested in the grant.. The grant will subsidize the salary and benefits of the High Risk Team, including: 1 prosecuting attorney, I paralegal and 1 Legal Processing Support staff member at a cost of $711,925 over three years. The grant will also cover all travel costs related to OVW-provided or-approved trainings of PCAO and MOU partner staff at a cost of$20,800 for a total three- year cost of$711,925. OVW FY 2017 Office of Violence Against Women Fiscal Year 2017 Improving Criminal Justice Responses to Sexual Assault,Domestic Violence,Dating Violence,and Stalking Grant Program Pima Comity,Arizona MOU Page 5 of 6 Emerge! Center Against Domestic Abuse will provide office space, supplies, and local travel reimbursement to the 1.0 FTE Hotline Manager. It will also provide in kind supervisory time and record-keeping by the Program Manager for Community Based Services. The grant will subsidize the salary, benefits, office supplies, and local travel of the Hotline Manager at a cost of $55,000 per year, for a three-year contract total cost of$165,000. The Pima County Sheriff's Department, Tucson Police Department, South Tucson Police Department, Sahuarita Police Department, Oro Valley Police Department, and Marana Police Department are fully committed to working with each other and with the Pima County Attorney's Office and Emerge! to achieve the goals and objectives of this project. To that end, each will assume all costs related to their participation as shown in this MOU. Participation in Planning All agencies have been involved in planning for this project over the past year. Additionally, PCAO, Emerge!, and local law enforcement agencies have served on the Working Group at the Arizona Prosecuting Attorney's Advisory Council that was asked by the Administrative Office of the Courts to develop a uniform, statewide lethality assessment and has been working for more than a year to develop the new APRAIS program. By signing below, all parties agree to the proposed plan and budget as described in the grant application and outlined in this MOU: C.H. Huckelberry Pima County Administrator Date Barbara LaWall Pima County Attorney Date Ed Mercurio-Sakwa, Chief Executive Officer Ernerge! Center Against Domestic Abuse Date OVW FY 2017 Office of Violence Against Women Fiscal}'ear 2017 Improving Criminal Justice Responses to Sexual Assault,Domestic Violence,Dating Violence,and Stalking Grant Program Pima County,Arizona MOU Page 6 of 6 Mark Napier Pima County Sheriff Date Chris Magnus Tucson Police Chief Date Michael B. Ford South Tucson Police Chief Date John Noland Sahuarita Police Chief Date Daniel Sharp Oro Valley Police Chief Date Terry Rozema Marana Police Chief Date