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89-1696 WMI�E� - C,�7Y CLERK , • P�NK - �.,AN�E . (jI�TY OF SAINT �AUL Council _� CAN�JiRV - DEPARTMENT � BLUE - MAVOR File NO• '� y �`ou c ' Re olu ion 'y 3� C�-� Presente By Referred To � �� F - � / - �''a�'�� Committee: Date Out of Committee By Date WHEREAS, family viol nce is one of the most serious social problems this country fac s; and WHEREAS, family viol nce affects all social, ethnic, racial and economic groups; and WHEREAS, in 1988 the e were 11,263 phone calls for police protection for domestic i cidents which resulted in 1, 695 arrests for spousal and non-spous 1 assaults; and WHEREAS, the level violent actions escalates over time, leading to serious injur , even death, without outside inter- vention; and WHEREAS, because of special problems faced by victims of domestic crimes, such as fear of retaliation, isolation, economic dependence, and confusio due to the complexities of the criminal justice system, the hand ing of these cases is problematic; and WHEREAS, the City o Saint Paul is charged with the general duty of handling and pro ecuting domestic abuse cases through the Police Department and th City Attorney in order to protect victims and to hold viol nt persons accountable, by use of its legal powers; and WHEREAS, the United States Attorney General 's Task Force recommended in 1984 to e phasize the importance of local governments using their egal powers and other resources to create appropriate respo ses to violence through the use of 24- hour victim advocate pro rams that work in partnership with the community and to establi h special family violence prosecution units within the local p osecuting attorney offices; and COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond Lo� I Favor Goswitz Rettman scheibe� _ A ainst BY Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date Certified Yassed by Council Secretary BY gy, Approved by lVlavor: Date _ Approved by Mayor for Submission to Council BY - — BY . - � � . . ��� /��'� -2- WHEREAS, other majo cities such as Seattle and Denver, have established special fami y violence prosecution units within their City Attorneys' Of ice; and WHEREAS, the Saint aul overnight Shelter Board has concluded that family vi lence was a leading contributor to the increasing number of wom n and children in the City's emergency shelters; and WHEREAS, the Saint aul Intervention Project, a non-profit victims-witness advocacy program for domestic assault victims in Saint Paul, has recommen ed that a Family Violence Prosecution Unit be established in t e Saint Paul City Attorney's Office which retains the Projec 's strong emphasis in victims advocacy; and WHEREAS, the Saint aul Domestic Abuse Prosecution Task Force, is an ad hoc group of exper s working with domestic abuse prosecutions in Saint Paul, including Lois Severson from the Saint Paul Intervention Project; Bob Hanson, Ram ey County Adult Probation Office, Sue Alliegro, Judicial District Admini trator; Sergeant Chris Nelson, Saint Paul Police; Raone Buckman, P oject Remand; Jerry Hendrickson, Saint Paul Prosecuting Attorney; Be erly Balos, University of Minnesota Law School Professor; Nancy Libman, Ramsey County Domestic Abuse Office; Lisbeth Wolff, Women's Advocates Sandi Conlin, Casa de Esperanza; Dan Lundstrom, Ramsey County District Court; The Honorable District Judges Joanne Smith, Mary Louis Klas, Margaret Marrinan and Kathleen Gearin; and Councilmember Bob Lo g; and WHEREAS, the Saint aul Domestic Abuse Prosecution Task Force has made a general recommend tion for the establishment of a Family Violence Prosecution Unit in the aint Paul City Attorney's Office without making any specific recommendat ons regarding implementation; now, therefore be it RESOLVED, That the aint Paul City Council does hereby recommend that the Saint Paul City Attorney should create a special Family Violence Prosecution Uni to handle all prosecutions of misdemeanor and gross misdemeanor family violence cases. The attorneys assigned to the unit should develop an e pertise in dealing with family violence cases, which will improve the p osecution of these very special types of cases; and �e-�.�- provide for the ecessary training of law enforcement personnel; and be it FURTHER RESOLVED, T at the Chief Judge of the District Court and District Court Administr tor adopt any necessary changes in court scheduling to allow effe tive implementation of a special Family Violence Prosecution Uni in the City Attorney's Office; and be it . - � � . . ���i� f� 3 hiring additional staff as neces ry FURTHER RESOLVED, That the establishment of the Family Violence Prosecution Unit b - accomplished , throu h reorganization of existing case _ _,_ assignments;�and through a urchase of a services contract, which currently exists within th Saint Paul Police Department, with an existing Family Violence V' tims-Witness Advocacy Program located within the City of Saint Paul, wh'ch has a community volunteer component and with an established record in assisting victims of domestic assault; and be it FURTHER RESOLVED, Tha the Saint Paul City Council hereby adopts the following recommendati ns already made by the Saint Paul Domestic Abuse Prosecution Task For e, which are already in the process of being implemented and requests t e Ramsey County Courts and the City At- torney's Office to impleme t, where consistent with the American Bar Association's standards of prosecutorial ethics, the following procedures: 1) For those defend nts who are released from jail on bail, written conditions of release should be imposed and such conditions should, at a minimum, include an order of "no contact" with the victim; 2) If there is prob ble cause to proceed, cases will not be dismissed at arraignment, but will in fact be charged at th t time to allow for up to two weeks additional time or investigation of the case and contacting the v'ctim; 3) At the time of arging at arraignment, the prosecuting attorney will r quest that a "no contact" order be issued against he defendant. 4) The additional nvestigation within the two-week period following the a raignment shall include reasonable efforts to obta n the following: - information f om the victim; - contacting w' nesses where necessary; - review for p ssible spreigls; and - documentatio of injuries. WHITE - C�TV CLERK ' COURCII `)(�+� ��h�1/1 PINK - FI�IANCE G�TY OF SA�INT PALTL t v i CANi4'RV -�DEPARTMENT �.1 �d BI.UL - MAYOR ' Flle NO. � � � ' Cou cil Resolution Presented By Referred To Committee: Date Out of Committee By Date 4 5) Following this a ditional two weeks of investigation by the City Attorne 's Office, the prosecutor may dismiss the case by stat'ng the specific factual basis for any such dismissal o the record. and be it FINALLY RESOLVED, Th t the Saint Paul City Council hereby commends the Office of City Attorn y for its continued commitment to the suc- cesssful prosecution of f mily violence cases. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond I.ong �Il eV0[ Goswitz Rettman � Ag inst BY Sonnen Wilson �l �UV { � �� Form Approved by City Attorney Adopted by Council: Date Certified �'a: ed by Counc.i�!lcre ary BY B� Approved by Mavor: Date _ Appcoved by Mayor for Submission to Council $y BY �pproved without the signature of the Mayo irsuant to Section 6.08 of the City Charte l� d!� 3 �98� ' ° ' I� CF t# $� -If�(o DEPARTMENT/OFFICEICOUNpI " ` DA INITIATED Legislative Operating 9 13/89 GREEN SHEET No. 5 2 6 0 CONTACT PER80N d PHONE INtTIAU DAfE INITIAUDATE �DEPARTMENT DIRECTOR �GTY OaJNqL Counc ilmember Bob Long 298-4473 � pM ❑a�rv nrroRN�r �qTY CLERK MUST BE ON COUNpL AOENOA BY(DATq �BUDOET DIRECTOR �FlN.3 MOT.SERVICE8 DIR. �MAYOR(OA A881STANn � TOTAL#�OF SIGNATURE PAGi6S �(CLI ALL LOCATIONS FOR SIGNATURE� ACTION RECUESTED: To crealte a special F�mi y Violence Prosecution Unit within the City Attorney's office RECOMMENDA710NS:Approvs(p a Re�ct(R) CO CIL RCH REPORT OPTIONAL pN ST PMONE NO. _PLANNINO OOMMISSION _f�VIL BERVICE COMM18810N _p8 OOMMITTEE _ CO ENTS: _STAFF — _DISTRICT COURT _ SUPPORTB WHICH COUNGL OBJECTIVE?� INITIATINO PROBLEM,188UE,OPPORTUNITY(1Nho,Whst,When,Where,Why): � In 1988 the St. Paul Police ec ived 11,263 phone calls for police protection in domestic anuse situations. he Family Violence Prosecution Unit has been recommended by various groups, including, th U.S. Attorney's Office to handle all prosecutions of these cases. ' ADVANTAOES IF APPROVED: The Family Violence Prosecution Unit will help the City Attorney's office to gain greater expert3se and knowletlge on domestic abuse ma.tters, which will lead to improved commu�ications with; vi tims. , I DISADVANTAOES IF APPROVED: � none i, �, I pISADVANTA(iE8 IF NOT APPROVED: , The domestic abuse cases wi1�L c ntinue to be handled by various attorneys in the City Attorney',s office and w�ll not have the continuity.,that will occur with the Family Violence Prosecution Uni � -�� - ���. -.; i:i1 �;er►�er � ���' 1�� i:�u9 � TOTAL AMOUNT OF TRANSACTION nOrie ' _ �T/f�VENUE BUDOETED(qRCLH ONE� YES NO FUNDINd SOURCE ACTIVITY NUMBER FlNANqAL INFORMATION:(EXPWI� i 1�:.�C u� •.., � . Members: ,��'°,� Janice Rettman, chair 'I �...�,g�i;�� CITY OF SAINT PAUL Bill Wilson �J _ \ OFFI E OF THE CITY Bob Long /,� ��' �(���-� _ COUNCIL C-/`" 0% Date: November 16, 1989 JANICE RETTMAN RECE�vFn Counc�lperson C m m i tte e R e p o rt 6i9g9 NOV1 To: Saint Paul City Co ncil CITY CL�R�( From : Community an Human Services Committee Janice Rettma , Chair A meeting of the Community and H man Services Committee was held on Wednesday, November 15, 1989. 1. Cit Council A enda 10/IO/89 Item No. 9: Resolution - 89-1813 - Authorizi.n ro er Cit Offi ials to execute an a reement with the State De artment of Natural Resour es for construction of bat ate at Echo Cave in Lil dale Park. (For referral to the Communit and Human Services Committee.) . Moved out of committee with o recommendation. 2. Cit Council A enda 10/19/89 Item No. 11: Resolution - 89-2815 - A rovin a ointments b the Ma or of ersons listed to serve on Trades Examinin Board. (For referral to the Communit and Human Services Committee.) Moved out of committee with o recommendation. 3. Handica ed accessibilit st dy, as conducted b the De artment of Communit Services. Resolutions to be resented. (Laid over from October 4, 1989.) Laid over to December 20, 19 9. 4. Cit Council A enda 10/5/89, Item No. 12: First Readin - 89-1782 - An ordinance amendin Section 3 1.03 of the Le islative Code to include certain food service in licensed da care centers. (For referral to the Communit and Human Services Committee ) Moved out of committee with o recommendation. S. Cit Council A enda 9/21/89, Item No. 18: Resolution - 89-1696 - Recommendin the Cit Attorn 's Office create a s ecial Famil Violence Prosecution Unit. (For refe ral to the Communit and Human Services Committee.) Moved out of committee. Ame dments to be presented at the City Council meeting. CITY HALL ROOM NO.718 SAINT PAUL,MINNESOTA 55102 612/298-5289 s�4e WHI7E — C�TY CLERK.. - � _��� - P��� ^�• j FINANCE G I TY F SA I NT PA U L Council -A� NAF7r^— DEPnRT��ENT File NO. BLVE — MaVOR � ��ou ci.l Re olu ion ���t���� '"y3���� �� J t, � ���;./���/ (`--J. °sented By _ _ � � Referred To . ?„-y i{L-� , v_- ' tc • � "" Committee: Date �'��'`�� Out of Committee By Date � WHEREAS, family viol nce is one of the most serious social problems this country fac s; and WHEREAS, family viol nce affects all social, ethnic, racial and economic groups; and WHEREAS, in 1988 the e were 11, 263 phone calls for police protection for domestic i cidents which resulted in 1, 695 arrests for spousal and non-spous 1 assaults; and WHEREAS, the level o violent actions escalates over time, leading to serious znjury even death, without outside inter- vPntion; and WHEREAS, because of pecial problems faced by victims of domestic crimes, such as ear of retaliation, isolation, economic dependence, and confusion due to the complexities of the criminal justice system, the handi ng of these cases is problematic; and � WHEREAS, the City of Saint Paul is charged with the general duty of handling and pros cuting domestic abuse cases through the Police Department and the City Attorney in order to protect victims and to hold viole t persons accountable, by use of its legal powers; and WHEREAS, the United tates Attorney General 's Task Force recommended in 1984 to e hasize the importance of local governments using their 1 gal powers and other resources to create appropriate respo es to violence through the use ,of 24- hour victim advocate pro ams that work in partnership with the community and to establi special family violence prosecution units within the local p osecuting attorney offices; and COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond ��g [n Favor Goswitz Rettman Scheibel _ A 81I]Si BY Sonnen Wilson Form Approved by City Attorney Adopted by Councit: Date �, rtified Passed by Council Secretary BY B� Approved by 1�lavor: Date Approved by Mayor for Submission to Council By By � �� /���. -2- . � WHEREAS, other major cities such as Seattle and Denver, have established special family violence prosecution units within their City Attorneys' Office; and WHEREAS, the Saint Paul overnight Shelter Board has concluded that family violence was a leading contributor to the increasing number of women and children in the City's emergency shelters; and WHEREAS, the Saint Paul Intervention Project, a non-profit victims-witness advocacy program for domestic assault victims in Saint Paul, has recommended that a Family Violence Prosecution Unit be established in the Saint Paul City Attorney's Office which retains the Project's strong emphasis in victims advocacy; and WHEREAS, the Saint Paul Domestic Abuse Prosecution Ta�k Forcz, is an ad hoc group of experts working with domestic abuse prosecutions in Saint Paul, including Lois Severson from the Saint Paul Intervention Project; Bob Hanson, Ramsey County Adult Probation Office, Sue Alliegro, Judicial District Administrator; Sergeant Chris Nelson, Saint Paul Police; Raone Buckman, Project Remand; Jerry Hendrickson, Saint Paul Prosecuting Attorney; Beverly Balos, University of Minnesota Law School.- Professor; Nancy Libman, Ramsey County Domestic Abuse Office; Lisbeth � Wolff, Women's Advocates; Sandi Conlin, Casa de Esperanza; Dan Lundstrom, Ramsey County District Court; The Honorable District Judges Joanne Smith, Mary Louise Klas, Margaret Marrinan and Kathleen Gearin; and Councilmember Bob Long; and WHEREAS, the Saint Paul Domestic Abuse Prosecution Task Force has made a general recommendation for the establishment of a Family Violence Prosecution Unit in the Saint Paul City Attorney's Office without making any specific recommendations regarding implementation; now, therefore be it RESOLVED, That the Saint Paul City Council does hereby recommend that the Saint Paul City Attorney should create a special Family Violence Prosecution Unit to handle all prosecutions of misdemeanor and gross misdemeanor family violence cases. The attorneys assigned to the unit should develop an expertise in dealing with family violence cases, which will improve the prosecution of these very special types of cases; and �'C' QYo:�,�e �z;�( -�.e. n�cc�,ss�r�r '��ru.;v�;r5 �c �av� e-vrE-a�✓c�v�e�n-E- �e�Sonv�e�J ard 1�;� FURTHER RESOLVED, That the Chief Judge of the District Court and District Court Administrator adopt any necessary changes in court scheduling to allow effective implementation of a special Family Violence Prosecution Unit in the City Attorney's Office; and be it . . . ' � � S-�a�'� .('aG�1�/�O f� , . � � �d,�'�►vn� 1" r� �� � - � + � � 3 FURTHER RESOLVED, Tha the establishment of the� Family Violence Prosecution Unit be accomplished thr -reorganization of existing case ass-ignment and through a purchase of a services contract, which currently ists within th Saint Paul Police Department, with an existing Family Violence V ctims-Witness Advocacy Program located within the City of Saint Paul, wh ch has a community volunteer component and with an established record in assisting victims of domestic assault; and be it FURTHER RESOLVED, Tha the Saint Paul City Council hereby adopts the following recommendati ns already made by the Saint Paul Domestic Abuse Prosecution Task For e, which are already in the process of being implemented and requests t e Ramsey County Courts and the City At- torney's Office to impleme t, where consistent with the American Bar Association's standards of prosecutorial ethics, the following procedures: 1) For those defend ts who are released from jail on bail, written onditions of release should be imposed and such onditions should, at a minimum, � include an order of "no contact" with the victim; 2) If there is prob ble cause to proceed, cases will not be dismissed at arraignment, but will in fact be charged at th t time to allow for up to two weeks additional time or investigation of the case and contacting the v ctim; 3) At the time of c arging at arraignment, the prosecuting attorney will re uest that a "no contact" order be issued against t e defendant. 4) The additional i vestigation within the two-week period following the ar aignment shall include reasonable efforts to obtai the following: - information fr m the victim; - contacting wit esses where necessary; - review for po ible spreigls; and - documentation of injuries. l �•HITE - C�TY GLERI[ ' � !�/ n J� • . �INK FINANCE COUIICIl 4•.� V� � .'.4Nq� - OEPARTMENT GITY OF SA�INT PAUL File NO. `r�` 91.V� - MAYOR . Council Resolution Presented By Referred To Committee: Date Out of Committee By Date 4 5) Following this additional two weeks of investigation by the City Attorney's Office, the prosecutor may dismiss the case by stating the specific factual basis for any such dismissal on the record. and be it FINALLY RESOLVED, That the Saint Paul City Council hereby commends the Office of City Attorney for its continued commitment to the suc- cesssful prosecution of family violence cases. ( � COUNCIL MEMBERS Requested by Department of: Yeas Nays � Dimond [.ong in Favor Goswitz Retiman B Schetbe� A gai n s t y Sonnen �Ison Focm Approved by City Attomey Adopted by Councit: Date Certified Passed by Council Secretary BY — B� Approved by Mayor for Submission to Council Approved by Mavor: Date , B By Y