Legislature Improves Response to Domestic Violence, Provides for Data Collection
In December 2001, a 24-bill domestic violence legislative package was signed into law that offers important new protections for victims of domestic and dating violence. Several key provisions took effect October 1, 2002:

Standard Domestic Relationship Incident Report Form
Each year in Michigan, scores of domestic violence victims are murdered by their abusers. Thousands more suffer physical violence, sexual violence, home invasion, property damage, stalking, or other criminal law violations perpetrated by their abusers. Abusers often escape accountability for the crimes and victims are not adequately protected if the prosecutor does not have the information and evidence necessary to effectively proceed with the prosecution. The new law addresses this by requiring all Michigan law enforcement officers to use the State of Michigan Standard Domestic Relationship Incident Form or a substantially similar form, to report a domestic violence incident. (2001 PA 207, amending MCL 764.15c)

By providing prompts, checklists, diagrams, and other aids, the standard report form will promote improved, effective and consistent investigations that should improve the criminal justice system response to domestic violence in Michigan. The standard report form was developed by Michigan State Police (MSP), in consultation with MDVPTB staff, prosecutors, law enforcement officers and domestic violence service providers who have extensive experience with domestic violence cases.

The State of Michigan Standard Domestic Relationship Incident Form, and a memorandum cosigned by MSP, Michigan Commission on Law Enforcement Standards (MCOLES), MDVPTB, and Prosecuting Attorneys Association of Michigan (PAAM), discussing local implementation of the form, were distributed statewide at the end of August 2002 to 677 law enforcement agencies, 64 MSP command posts, 83 county prosecutors' offices, 50 domestic violence service provider agencies, 60 local domestic violence coordinating councils, and to organizations representing municipal/township attorneys and Native American law enforcement agencies.

Criminal history reporting requirements to include PPO/FPO contempt convictions
The Michigan State Police must maintain fingerprint and criminal history records of criminal contempt convictions for violations of personal protection orders and foreign protection orders. (2001 PA 187, 203, amending MCL 28.241, 28.241a, 28.242, 28.243, and 28.243a, and adding MCL 28.248)

Domestic violence crime reports data expanded
Crime reports data required to be reported by local law enforcement to the Michigan State Police (MSP) have been expanded to include any crime where the alleged perpetrator has one of the following relationships with the victim: spouse; former spouse; have had a child in common; current or former resident of same household; or current or former dating partner. The expanded domestic violence crime reports data provide a more accurate picture of the nature and prevalence of domestic violence crimes in Michigan. (2001 PA 191, amending MCL 28.257)

Fatality Review Teams
The new laws now authorize the state and/or counties to establish interagency teams to review fatal and near-fatal domestic violence incidents, including suicides. (2001 PA 192, adding MCL 400.1511)

Dating violence provisions and other changes that took effect April 1
Dating Violence
Criminal justice protections against domestic violence were extended to persons in dating relationships. Legislation that took effect April 1, 2002 expands the relationships covered by the domestic assault statutes to include persons in current or former dating relationships with the alleged perpetrator. Individuals charged under these statutes (MCL 750.81, governing assault in a domestic relationship; MCL 750.81a, governing aggravated assault in a domestic relationship) are now subject to restrictions on interim bond and to charging and sentencing enhancements based on prior convictions for misdemeanor and felony assaultive crimes in a domestic relationship, including convictions entered in other states. Amendments to MCL 780.582a provide that in setting interim bond, the judge or magistrate must consider and may impose the condition that the person released shall not have or attempt to have contact of any kind with the victim, pending formal arraignment. The amendments to MCL 750.81 also increase the prison term for assault and battery from 90 to 93 days in all cases, triggering warrantless arrest authority under MCL 764.15(1)(d) and 764.15a. This change permits police to arrest at the scene of the crime without first determining the relationship between the alleged perpetrator and victim. (2001 PA 189-190, 198) (See a related story on dating violence educational materials being created for high school students).

Personal Protection Orders (PPO): Full Faith and Credit (FFC)
Michigan courts and law enforcement agencies now must enforce valid protection orders issued in other states, Indian tribes, and U.S. territories as if they had been issued in Michigan. (2001 PA 197, 206, adding MCL 600.2950h - 600.2950m, 2001 PA 211, amending MCL 764.15) The full text of these statutes are posted on the Michigan Legislature's Web site. Also, Michigan PPOs and Michigan criminal bond or probation protection orders are enforceable in other state and tribal jurisdictions (2001 PA, 200, 201, 202, 209, 211, amending MCL 600.2950, 600.2950a, 600.2529, 764.15b, 712A)

Child Custody
The new laws change procedures for resolving child custody disputes when one or both parents reside outside of Michigan. Among other changes, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) authorizes Michigan courts to take temporary, emergency jurisdiction of a child custody matter if the child is present here and has been abandoned, or if it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse. (2001 PA 195) The full text of this public act is posted on the Michigan Legislature's Web site.

MDVPTB helps agencies implement the domestic violence legislative package
Training on new laws
MDVPTB, in collaboration with the Prosecuting Attorney's Association of Michigan (PAAM), Michigan Coalition Against Domestic and Sexual Violence (MCADSV), and the Michigan State Police presented five regional trainings on the new laws for law enforcement officers, prosecutors, court personnel and domestic violence service providers. A Power Point presentation provided descriptions of the new laws and scenarios to explain their application. The well-attended trainings, all held in March 2002, took place in Saginaw, Grand Rapids, Marquette, Troy and Roscommon.

Updated forms developed by SCAO
The State Court Administrative Office (SCAO) revised several PPO and other forms to accommodate the new domestic violence laws. PPO and bond forms have been amended to facilitate enforcement in other states, under the Full Faith and Credit Provisions of Violence Against Women Act (VAWA) and Michigan's new FFC laws (See 2001 PA 206, 197, 209, 212, 211, 202, 200, 201.). Bond forms have been amended to capture the new interim bond provisions in 2001 PA 198, amending MCL 780.582a. A complete list of revised forms appears on the SCAO Web site. To access individual forms from this location, click first on "forms," and then on "personal protection," "criminal-general," "juvenile," or "probation."

MDVPTB new three-year contracts begin October 1
As of October 1, 2002, MDVPTB grants totaling $13,851,279 were distributed to a total of 50 agencies statewide. The grants largely come from federal sources under five program areas: Domestic Violence Shelter and Support, Rape Prevention and Services, S*T*O*P Violence Against Women grants (for law enforcement, prosecution, courts and direct service), Transitional Supportive Housing and specific funding for rural domestic violence programs. MDVPTB awarded 151 grants to 50 agencies throughout the state for the period of October 1, 2002 through September 30, 2005. See MDVPTB's Award Chart to view local contracts.

MDVPTB receives $758,941 federal grant to improve prosecution of domestic violence cases
Governor John Engler and the Michigan Domestic Violence Prevention and Treatment Board/Family Independence Agency are pleased to announce that Michigan has received a federal grant from the Office of Justice Programs, totaling $758,941 to encourage the treatment of domestic violence as a serious violation of criminal law.
The primary goals of this program are to:

1. increase victim safety and offender accountability by creating a domestic violence unit within the Attorney General's office, to provide assistance to local prosecutors who manage domestic violence cases;
2. increase the coordination among local, state, and federal law enforcement agencies and prosecutors;
3. increase the information and training available and utilized by local and Native American law enforcement and prosecutors on Michigan's new Full Faith & Credit legislation.

MDVPTB will be working on this grant with the Michigan Attorney General's Office, the State S*T*O*P Partners and the U.S. Attorneys for the Eastern and Western Districts of Michigan. The State S*T*O*P partners consist of the Michigan Judicial Institute, Michigan Prosecuting Attorneys Associations, Michigan Coalition Against Domestic and Sexual Violence and the Michigan State Police/Michigan Commission on Law Enforcement Standards.

Michigan Personal Protection Orders are now going into the National Crime Information Center (NCIC) database
To facilitate enforcement of Michigan personal protection orders (PPOs) in other states and tribal jurisdictions, beginning in 2002 Michigan PPOs are now entered into the National Crime Information Center's (NCIC) National Protection Order File, maintained by the FBI. A protection order in NCIC can be accessed by law enforcement anywhere in the United States.

When a Michigan PPO is entered into the Law Enforcement Information Network (LEIN), it is forwarded to the NCIC National Protection Order File. An ex-parte PPO is entered into NCIC as a "temporary order." Unless the ex-parte PPO is served, and the proof of service is provided to the LEIN-entering agency, the PPO will be removed from NCIC one year after the issuance date. To keep the PPO in NCIC until the PPO expiration date, a protected party (petitioner) must confirm that her/his PPO is served on the restrained party (respondent), and that the proof of service is given to the LEIN-entering agency. Court personnel, prosecutors, law enforcement officers, domestic violence service providers, and others who assist petitioners to obtain PPOs are asked to advise petitioners about the importance of having the PPO served and providing the proof of service to the LEIN-entering agency.

Also, NCIC requires a numeric identifier for each respondent. Those assisting petitioners are reminded to ask petitioners to provide the respondent's full date of birth or one of the following: social security number, operator's license number, license plate number +license plate type, Vehicle Identification Number + vehicle make+ vehicle style. Any other identifying information, such as physical identifiers + age, may assist a LEIN operator to obtain a numeric identifier for respondent, if the petitioner does not have any of the listed numeric identifiers.

As an added benefit, entering a PPO into NCIC makes the PPO available through the National Instant Criminal Background Check System (NICS), for purposes of approving or denying firearms purchases in Michigan and other states.

New education and training opportunities available for mediators, high school students and the public
Training materials for domestic relations mediators now available
The State Court Administrative Office (SCAO) has developed guidelines and training materials for the mandatory domestic violence training for mediators who wish to handle domestic relations cases under MCR 3.216. The guidelines describe the qualifications for trainers and the content of the training. The guidelines and materials were developed by SCAO in consultation with MDVPTB, Michigan Coalition Against Domestic and Sexual Violence (MCADSV), and other individuals and organizations recognized for domestic violence or mediation expertise. For more information, look for links on the SCAO Web site.

MDVPTB distributing new Dating Violence Youth Education Package
MDVPTB is sending a newly developed Dating Violence Youth Education Package to all Michigan high schools in the next month. The package was recommended by the Governor's Task Force on Domestic Violence Homicide Prevention and is also based on the new laws that add protections for dating violence survivors of any age. The 35-page package contains background information for educators as well as a variety of lesson plans and handouts for students that make it possible to present the information within the context of regular school curricula. It encourages equality-based dating relationships, gives teenagers tools to identify potentially dangerous relationships and ways to find help for themselves or others.

The Dating Violence Youth Education Package promotes non-controlling and non-violent behavior as overarching characteristics of intimate relationships. To produce the package, MDVPTB staff reviewed existing materials and consulted with experts from around the country. The Dating Violence Youth Education Package will soon be available on MDVPTB's Web site.

Free domestic and sexual violence materials are available to the public
Anyone in Michigan can find excellent educational materials about domestic and sexual violence - FREE of CHARGE - at the Michigan Department of Community Health, Health Promotions Clearinghouse. These materials, developed collaboratively by the MDVPTB, Michigan Department of Community Health and Michigan Women's Commission, include brochures, a mirror cling, posters and wallet cards. The brochures available are: Stalking - Understand Your Rights; A Guide to Personal Protection Orders; A Relationship is No Place for Violence (dating violence); and Safety Tips (Spanish and English). To view the materials, go to the Clearinghouse Web page, scroll down to the "violence" category and select what interests you. You can also call 1-800-353-8227 to place an order.

Featured Initiative: Sexual Assault Nurse Examiners (SANE) Programs
In each edition of the MDVPTB e-Report, we will be highlighting an initiative that demonstrates exceptional efforts to improve safety for survivors of domestic and sexual violence and increase accountability for the perpetrators of these crimes. In this edition, we are featuring Michigan's Sexual Assault Nurse Examiner (SANE) programs.

Until recently, a sexual assault victim might have to spend hours in a hospital emergency room waiting for medical staff to perform a forensic evidence collection procedure. In hospitals or community settings, Sexual Assault Nurse Examiner (SANE) programs reduce waiting times and examinations are conducted by specially trained nurses, often in areas away from other emergency room patients. Sexual Assault Nurse Examiners collect evidence in sexual assault cases as a routine part of their jobs. Their experience decreases the potential for error in the collection of evidence that is often critical to the prosecution of sexual assault cases. Their training also helps them positively respond to the emotional trauma that victims often feel.

Communities and sexual assault survivors both benefit from SANE programs. Developing a SANE program requires professionals from different community agencies to collaborate. They are often a catalyst for focusing multidisciplinary responses to eliminate sexual violence.

MDVPTB fully or partially funds many SANE programs across the state with either Rape Prevention Services dollars or S*T*O*P funds. MDVPTB's list of SANE programs can be found at our Web site. Click here to view information about the Sexual Assault Nurse Examiner Resource Guide, a manual for communities interested in starting a SANE Program.

The Michigan SANE Council has scheduled its first forensic nursing training session in Michigan for November 3-7, 2002, and expects to provide similar sessions twice a year in Michigan. The seminars will follow guidelines as set forth by the International Association of Forensic Nursing (IAFN). The sessions will allow Michigan nurses to receive this very important training with no out-of-state travel costs. For more information about the Michigan SANE Council's educational efforts, contact Sue Shattuck at SueS@aplaceforwomen.org.

Watch For
Michigan State Police domestic violence training CD

Michigan Judicial Institute to publish benchbook on sexual assault

Updated MCOLES Model Policy and Officer Manual

The MDVPTB e-Report is developed and written by the Michigan Domestic Violence Prevention and Treatment Board (MDVPTB) in association with Mort Crim Communications, Inc., who is under contract with MDVPTB to do final production and distribution of the e-Report as well as maintain the e-Report address database.

© 2002. All Rights Reserved.