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VICTIMS OF CRIME ACT VICTIM ASSISTANCE GRANT PROGRAM 2002 HAWAII STATE WIDE ASSISTANCE REPORT Prepared By: Hawaii Department of the Attorney General 425 Queen Street Honolulu, HI 96813-2904 tel: (808)586-1151
STATE FUNDING INFORMATION
A. THE ANNUAL AMOUNT ALLOCATED TO THE VICTIM ASSISTANCE PROJECTS: 1. Appropriations $ 4,256,158 2. Criminal Fines and Penalities $ 0 3. Assessments $ 0 4. Other $ 284,962 TOTAL:$ 4,541,120
B. TOTAL NUMBER OF AGENCIES FUNDED FROM THE FEDERAL GRANT: 13
C. NUMBER OF SUBGRANTS FUNDED FROM THIS FEDERAL GRANT: 17
VICTIM STATISTICS
A. THE NUMBER OF VICTIMS SERVED BY TYPE OF VICTIMIZATION:
NO. OF NO. OF VICTIMS SERVED VICTIMS SERVED 517 1. Child Physical Abuse 235 7. Adults Molested as Children 1,308 2. Child Sexual Abuse 188 8. Survivors of Homicide Victims 181 3. DUI/DWI Crashes 32 9. Robbery 5,254 4. Domestic Violence 511 10. Assualt 1,005 5. Adult Sexual Assault 1,868 11. Other 82 6. Elder Abuse TOTAL: 11,181
B. THE NUMBER OF VICTIMS WHO RECEIVED THE FOLLOWING SERVICES:
NO. OF VICTIMS SERVED 5,332 1. Crisis Counseling 10,227 2. Followup 86 3. Therapy 202 4. Group Treatment/Support 426 5. Shelter/Safehouse 3,651 6. Information/Referral (in-person) 9,428 7. Criminal Justice Support/Advocacy 25 8. Emergency Financial Assistance 408 9. Emergency Legal Advocacy 3,286 10. Assistance in filing Compensation Claims 973 11. Personal Advocacy 24,940 12. Telephone contact Informational/Referral 4,411 13. Other TOTAL: 63,395
A. EFFORTS TO PROMOTE PUBLIC AND PRIVATE AID TO CRIME VICTIMS: The Department of the Attorney General, Crime Prevention and Justice Assistance Division (CPJAD), participates in, and convenes, many multi-disciplinary efforts to support services for crime victims. VOCA grant administrators participate on task forces, coalitions, working groups, statewide victim initiatives and advisory committees. CPJAD continues to convene bimonthly statewide victim coordinators' meetings. Meeting attendees include the County VOCA Coordinators, Victim Coordinator from the U.S. Attorney's Office, State Judiciary, and a military representative. CPJAD is currently utilizing VOCA administrative funds to co-sponsor a new initiative with the U.S. Attorney's Office to coordinate a state, county and federal response to an act of mass violence or terrorism. CPJAD provides VOCA funds to support quarterly meetings. VOCA funds will also be used for a statewide training to coordinate victim services in response to a mass violence event. Training attendees will include victim service providers, state, county and federal law enforcement, emergency technicians, civil defense, FEMA, mental health service providers, Red Cross and others. The training is anticipated to take place in July 2003. VOCA administrative funds are also being used to support a domestic violence fatality review team initiative. The fatality review committee is comprised of representatives from the state courts, law enforcement, prosecution, domestic violence service providers, medical examiner, the University of Hawaii and the Department of the Attorney General. The VOCA coordinators and CPJAD are exploring the feasibility of developing and implementing an automated victim notification system. This project is a collaborative effort between county and state justice agencies and private victim service providers. Maui County: The Maui VOCA Administrator participates in civil and criminal justice meetings with victim/witness counselors, child protective services, guardian ad litem, therapists, deputy attorney general, deputy prosecutors, coordinated by the Children's Advocacy Center on "intra- familial" child sex assault and serious physical abuse cases. VOCA staff attend bi-weekly meetings with the Maui Police Department Sex Assault Unit and deputy prosecutors to review upcoming and on-going cases. VOCA counselors coordinate services and cross-referrals to domestic violence and sexual assault service providers, Legal Aid, MADD, mental health providers, clergy and other private non-profit agencies. VOCA advocates also network regularly with the Maui Police Department Domestic Violence Unit, police chaplains, homeless shelter and the hotel and visitor industry companies. The VOCA counselors coordinate an annual commemoration of Victims' Rights Week and Domestic Violence Awareness month in partnership with other public and private non-profit agencies. This annual event is designed to heighten the public's awareness of the plight of crime victims and acknowledge the corporations and individuals who have made significant contributions to victim services. Honolulu County: Efforts to bridge gaps in language and culture in the delivery of Crime victims' service have become integral to both the service delivery process, as well as a major factor in the interagency activities on behalf of crime victims. Contracted services providing oral interpretation and written translation for crime victims and their service providers have further expanded to include virtually every agency on Oahu providing such services. The appointment of the Victim Witness Kokua Services (VWKS) Director to the Supreme Court Committee on Court Interpreter Certification has led to some new partnerships with the state Judiciary to assure that crime victims with limited or no English speaking capability will have full access to all Judiciary programs. Developments resulting from these new collaborations have included the translation of written material used to communicate with victims and the provision of interpreters to assure that victims are able to communicate effectively. Discussions are currently underway with the Family Court to implement interpretive services in all phases of the process of obtaining a Domestic Abuse Protective Order. Similarly, we are in the process of securing interpretation for the hearing impaired for crime victims' services on Oahu. VWKS continues to participate in Oahu Domestic Violence Task Force, Hawaii State Coalition Against Domestic Violence, Sex Abuse Treatment Center Advisory Board, and the MADD Public Policy Committee. The VWKS Director also actively supported the use of Hawaii's AmeriCorps program funds to provide services to crime victims. Kauai County: VOCA Counselors facilitated presentations at public schools regarding the Victim Witness Program. A VOCA counselor attended quarterly meetings and is on the board of the Visitor Aloha Society of Kauai, a private, non-profit agency designed to assist visitors who are victimized while on Kauai. The Coordinator attended monthly inter-agency meetings with the Children's Justice Center and Sexual Assault Response Team. Hawaii County: The Victim Assistance Program has representatives on the Children's Justice Center Advisory Boards of East and West Hawaii, the Domestic Violence interagency Team, Children's Justice Task Force, Restorative Justice Projects, Child Welfare Service Advisory Group, Visitor Aloha Society of Hawaii. VOCA victim advocates participated in a multi-agency committee to plan the events for the National Crime Victims' Rights Week. VOCA funds supported the SANE program. Tours of the SANE program were given in the examination room in the Hilo hospital. These OUTS helped educate agency representatives (i.e. child protective services, advocacy groups, police, prosecutors), about the program and allowed them to see what occurs during a forensic exam, As a result, victims may be given accurate information to questions or concerns they may have regarding the forensic exam.
B. EFFORTS TAKEN TO SERVE FEDERAL CRIME VICTIMS: The Department of the Attomey General convenes bimonthly statewide meetings which include Victim Witness Coordinators from the U.S. Attorney's Office, FBI, four county prosecutor's offices, state judiciary and a military representative. The federal and state agencies share their training materials, and resources and discuss issues pertaining to federal crime victims. CPJAD is also co-sponsoring an initiative with the U.S. Attorneys's Office to develop a coordinated response (federal, state, county) to an act of mass violence or terrorism. In Honolulu County, local and state resources are shared with federal. crime victims by way of individual refinTals and establishing linkages between programs, In addition to serving as a conduit for meeting the needs of the federal crime victims locally the VOCA program utilized state/federal/local network to provide better services to members of the military and their dependents who become cicirne victims outside of areas under federal jurisdiction. Specialefforts have been made to coordinate service between VWKS and the Victims Services Coordinator at the U.S. Army base at Schofield in Wahiawa, and the Family Service Center at Marine Corps Base Hawaii in Kaneohe, Oahu. Other efforis to coordinate have included cross training seminars between VWKS and the military and federal victim services providers. Similarly, we have actively solicited the participation of the federal victim services providers in local task forces, training seminars, etc. Federal crime victims are able to access the services of the non-profit sexual assault service provider in Honolulu County 24 hours a day, 365 days a year. Crisis phone counseling as wen as in-person crisis support and medical-legal services (acute forensic examination) are readily available, and are utilized by victims of federal crimes.
C. ACTIVITIES TO IMPROVE THE DELIVERY OF VICTIM SERVICES: Notable activities to improve the delivery of victim services include periodic program monitoring, networking between disciplines and facilitation of a VOCA Coordinators' strategic planning meeting. VOCA funded staff atterided several state and out-of-state training conferences that are on the cutting edge of victim services in the areas of domestic violence, sex assault, stalking, SART/SANE Institute, dynamics of child sex assault, clerical saminar, grief and trauma counseling, and current trends, practices and legislation in victim services. Counselors who attended training share information to other staff members and occasionally with other agencies. Program staff also provided in-service training to various agencies and participated in police recruit training, community fairs and information tables at bookstores and department stores. On July 12, 2002, a Victims Issues Seminar was presented at the state judiciary, probation division. The agenda included impact of crime on victims, interaction with victims, respecting diversity, and the importance of restitution for victims. VOCA training funds are being used to present statewide "Sentinel" training to help identify elderly victims of abuse and financial exploitation. VOCA training fiands will also be used for statewide training to develop a coordinated, multi-jurisdictional response to an act of mass violence or terrorism. Efforts to improve the delivery of victim services, and measure the effectiveness of program services, include an expanded client satisfaction assessment process in Honolulu County. Current year projects include telephone f6flow-up with victims after the completion of services, establisbment of client focus groups, and the implementation of an improved client satisfaction survey.
D. WAYS VOCA FUNDS HAVE BEEN USED TO ASSIST CRIME VICTIMS: Case History #1 This case stands out because of the danger that the victim and child faced from the abusive boyfriend defendant. After being arrested for an initial domestic abuse incident, the defendant came home and severely beat the victim (e.g. bashing of the victim's head to the ground) in front of her child. Immediately, the Deputy Prosecuting Attorney and the Victim/Witness Counselor (VWC) assigned to the case recognized the imminent danger that this victim and her child faced should the defendant find them at home. The VWC advised very strongly that the victim and her child move out of her home into the domestic violence shelter. Also, the victim was advised that as she was packing her possessions, a friend accompany her at all times. Subsequently, the victim and her child were assisted by the VWC in finding a safe place of residence on a different island. Now, the victim. and her child are living in safety with their grandmother. Case History #2 A victim had been in an abusive relationship for about five years. This particular day, she was trying to break up with the defendant while waiting at a bus stop. This couple was essentially homeless. The defendant got angry and began beating the victim, eventually breaking her arm. This incident happened in front of an elementary school, and staff called the police. The victim was reluctant to prosecute, but came to Court for Preliminary hearing. Since that time, she called weekly for updated case information, moral support, and to confirm rumors about the defendant's situation. She went to a shelter briefly, to get on her feet, then was able to stay with her adult daughter. The defendant eventually plead guilty and received probation plus six months' jail. At this point, the victim is grateful for our assistance in determining the status of the defendant's custody, and our ability to refer her to agencies to help her gain her independence. The victim services provided include assistance in completing a Crime Victim Compensation application, crisis counseling, assistance with participation in the criminal justice proceedings and referral to a domestic violence shelter. With advocacy, support and intervention, the victim was able to get some breathing room to regain self-esteem and move away from the abusive partner. Case History #3 I was assigned to do a follow-up on the release and return of stolen property that was in police evidence on a theft case. The victims came to Kauai from Canada for a much needed vacation and had their personal items stolen from the trunk of their rental car. They were devastated to find their camera, snorkeling gear, a bathing suit, sundry items and the victim's wallet which held all their cash and credit cards, missing. The perpetrators were apprehended and the stolen property was recovered by the police. I worked as a liaison between the victim, deputy prosecutor and the evidence custodian at the Kauai Police Department in getting the stolen items returned. I was able to pick up all of the victim's items from evidence, except for the cash. Because there were a number of victims whose cash was stolen, the prosecutor needed to determine whom the money belonged to and how much went to whom. After months of research on the other victims, it was determined that the victim was entitled to $300.00 cash. I got approval for the release of the cash. I checked with the victim to ensure a cashier's check was all right for him to cash in Canada. I picked up the monies, converted it to a cashier's check, and mailed it to the victim. I confirmed with the victim that he did indeed -receive the check. The victim wrote the following comments; on their satisfaction survey: "From the events of the crime, from the police help, the Prosecuting Attorney's Office and the victim witness advocate, the handling of our case was extremely efficiently handled and we have nothing but praise for the Island of Kauai! We returned this past year to Kauai, and enjoyed our beautiful crime free vacation, Thank to all who helped us..." Case History #4: Client was referred to our agency because her 15 year-old, developmentally delayed son had been observed molesting his two year-old sister. This family had a long history of sexual abuse by different perpetrators, and partners of this client. It became evident that the client herself had a long history of having been victimized by her brother, by a friend of her mother, and by her first husband. Her mother witnessed some of the abuse and did nothing to protect her. In fact, her mother encouraged her to get back involved with this man. The client had never processed her own abuse. In fact, she maintained an on again, offagain relationship with one of her offenders. He is the father of her two youngest children. She was initially quite resistant to looking at these issues. This client, even after a substantial amount of education about child sexual abuse and prevention/intervention strategies would expose her children to high risk situations (e.g. contact with their offender, contact with one of her offenders). It became evident that until she looked at her own victimization, she would not be able to be an empathetic and protective parent to her own children. We began focusing solely on her past victimizations. We had conjoint sessions with her and her partner at the time (also one of her offenders). During this session his treatment of her as a child was defined as 6hild sexual abuse. His risk factors were clearly laid out. An intervention plan was developed and agreed to. This plan clearly defined boundaries for their home with the idea of protecting her daughter from being molested as well. This definition of boundaries, the clarification that what he did to her was in fact sexual abuse, the support from her therapist that she could function on her own-seemed to spark something in the victim. Her attendance at her sessions went from sporadic to consistent. She began seeking employment and a place of her own. She developed a scrapbook. In this book she had pictures of herself as a child. She had a page devoted to "all the men who abused me." She began writing letters to confront her offender and her mother who failed to protect her. She seems better able to understand her rol e as a parent and the need to protect her children, She still struggles with a trauma bond with her offender and her mother. She is moving toward a more independent, healthy hfe-style. In addition to seeking employment alid looking for her won place, she has begun riding a bike and developing other friendships. She participates regularly in a support group for non-offending parents of children who have been sexually abused. Case History #5: On October 28,2001, the victim witness counselor (VWC) received a call from the Kauai Police Detective requesting assistance with the family of a murder victi-I. The murdered victim was a 44 year old male whose body was left on the side of the Kuhio Highway on October 25, 2001, The victim died as a result of being stabbed twice. Outreach services were provided to the victim's parents and brother Wbo would be flying to Kauai within the week. Telephone calls were made to the victim's father and brother. Both family members were in shock. The VWC provided crisis grief counseling over the phone and referred them to Hospice services in their area. The family requested assistarice with making travel arrangements to fly to Kauai. The VWC referred the victim's family to the mortuaries on Kauai so the police could release their loved one's body from the hospital. The family requested to see the victim before cremating him and possible scattering of his ashes its he loved Kauai and surfing. The VWC was available that evening arid assisted the family with their arrangernents. Phone calls were made to local hotels and rental car agencies to request reduced rates and to inquire about complementary offers to assist the family. Coordination was made with a Kauai Hospice worker to secure a discounted price for a car and hotel package. A telephone call was made to the, victim's father to confirm the arrangements with luim. The family arrived on Kauai on October 29, 2001 at 2:30 p.m. The family requested that the VWC meet them at the airport and accompany them to a meeting with the Kauai Police Detectives and onto the mortuary to View the victim's body. Upon the family's request, the VWC called the detective and the mortuary to set up the arrangements. On October 29, 2001, the VWC and the Hospice worker met at the ail-port to assist the family when they arrived. The VWC provided a brief grief counseling to the father (71 years), mother (70 years), and brother (50 years). Then the VWC accompanied the family to meet with the detectives at the police department. The VWC informed the family that they would not be able to see the victim that day because the hospital would be releasing the victim"s body to the mortuary the following day. For viewing purposes, the VWC assisted the family with providing the mortuary with a shirt since the victim was found without one and set up a time to meet at the mortuary to view the victim's body. The Kauai Police Department Detective informed the family that they arrested a defendant for the murder. On October 30, 2001, the VWC accompanied the family to the mortuary, assisted them with the arrangements and provided grief counseling before and after the viewing. The VWC informed the family that the preliminary hearing was set for the morning of October 3 1 st. The family requested that the VWC call them with the outcome and all other case status information since they had to fly back home on November I st. The case was prepared for Circuit Court. Two weeks later, the court set the first trial date for January 2002. Once the family returned to California, the grief from their loss turned into many phone calls to the VWC who provided the family with counseling and case information. Numerous referrals for ongoing grief counseling were made. The victim's brother wrote a song on behalf of his brother which helped him deal with his grief. Upon the VWC's request, he agreed to provide the VWC a copy of the song which the VW unit could use during National Crime Victims' Rights Week (April 21-27, 2002). Phone calls were made to the family over the next few months to inform them that the trial was continued from January to February, February to April, and then April to July. Arrangements were made with a Kauai radio station to play the song during National Crime Victims' Rights Week as a tribute to all victims of crime. Although the victim could not be identified as the trial was pending, the disc jockey made it a point to say that the song was written and performed in honor of a victim who was murdered on Kauai. The trial was set for July 9, 2002. The VWC provided the family with information for complementary hotel and car rates. The VWC accompanied the family to court as well as to another meeting with the Kauai Police Department Detectives. The VWC accompaniment gave the family some comfort as sitting in the trial and listening to the facts surrounding the murder was very difficult for the victim's parents and brother. Constant support was provided to them in and out of the courtroom. The defendant was found guilty of murder in the second degree, Sentencing was set for September 19, 2002. The family was informed of their right to speak at sentencing, request restitution, and to submit victim impact statements, The family forwarded their restitution request for funeral expenses and victim impact statements to the adult probation department to submit to the judge for sentencing, However, they decided that they would rather return to Hawaii for the minimum terms hearing to be set by the Hawaii Paroling Authority (HPA) instead of attending the sentencing hearing. On September 19, 2002, the defendant was sentenced to life with the possibility of parole and ordered to pay the full amount of restitution. The VWC is waiting to hear from the HPA as to when the minimum terms hearing will be set in order to assist the family in attending that hearing.
E. ISSUES OR TRENDS IMPACTING CRIME VICTIM SERVICES: Emerging issues or notable trends impacting crime victims services in Hawaii include: * The abuse of methamphetamine "ice" has dramatically increased. Many domestic violence cases and violent crimes involve ice, and most property crimes are committed to support drug habits. * There has been an increase of vehicle fatalities involving juveniles and young adult victims. * Crimes committed against tourists, both property and personal crimes, have increased. * Respondents of civil TRO hearings are hiring attorneys to represent them during the hearing. This puts the victim at a disadvantage as the victim is put on the witness stand and questioned relentlessly by the respondent's attorney. * A notable issue that continues to emerge surrounds the introduction of a wide range of technology in the delivery of victims' services. The most critical issue is the need to assure the integration of humane and sensitive treatment with new methods of disseminating information. While the availability of timely and accurate information for victims is a primary need, the removal of human contact from the process can leave many victims disconnected from. the nurturing of a live counselor or advocate. It is certainly true that automated notification systems can significantly broaden the number of crime victims receiving information and greatly accelerate its delivery, However, failing to include options in the notification process that permit consultation with a real person, can aggravate, more than ameliorate the victims' trauma. Discussions with a provider for an automated victim notification system, for example, have included an emphasis on integrating victims' services providers into the notification process. * There is a shortage of physicians to provide the acute forensic examination within a 72-hour period to those sexually assaulted. Current physicians continue to demonstrate their dedication and commitment as they assume increased on-call time; however, this risks burnout. The sex assault medical consultant recently identified additional strategies for recruiting potential physicians to this area of medical need. * There has been an increase in crimes occurring at schools in Kauai County. The number of sexual assaults, assaults, and harassment involving both teachers and students as offenders is on the rise. A fourth grade teacher was recently indicted for sexually assaulting a student during class on a number of occasions. It took months before several classmates who witnessed repeated incidents came forward to report it to the Principal. * There is a lack of a Victims' Rights clause in the state constitution
F. USE OF VOCA ADMINISTRATIVE FUNDS: VOCA administrative funds are used for administrative staff salaries, inter-island travel to attend victim coordinators' meetings, site monitoring, information dissemination, and technical assistance and support. Statewide coordination of the victim assistance programs enhances consistency in delivery of services, sharing of ideas and dissemination of information at the state and national level. VOCA administrative funds have also been used to support several statewide initiatives including the development of an adult domestic violence fatality review team, the coordination of a response to an act of mass violence or terrorism, and development of a statewide automated victim notification system. VOCA administrative funds have been used to improve the technological capabilities of the administrative services supporting VOCA projects. Purchase of computers, typewriters, printers, and maintenance for equipment, have enhanced the provision of comprehensive services to victims.