Lethality Assessment

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Has a history of domestic violence

Has access to guns

Abuses the victim in public places

Holds obsessive or possessive beliefs or attitudes

Has made statements such as, “I’ll never let you go.”

Has attempted to strangle the victim

Threatens to kidnap, injure, or kill children

Repeatedly violates Orders of Protection

Assessing Threats (1)

Pre-Incident Indicators?

Assessing Threats (2)

• “rehearsals” of the act that is being threatened?

• the threat extend s to others (children, police, her new lover)?

• the threat involve murder, suicide or both?

• threat was made in the presence of other people? In writing? In a recorded phone conversation?

• she/he believe the threat?

• it is detailed and specific?

• the threatened act is consistent past or witnessed behavior?

Assessing Lethality (1)Warning Signs

Threats/Attempts of Homicide or Suicide

Fantasies of Homicide or Suicide

Weapons owned or available

“Ownership” of Victim

Obsessed with Victim or Family

Separation Violence – Stalking

Depression

Assessing Lethality (2)Other Issues to Consider

Access to Victim or Family

Hostage-Taking

Previous Contacts with Police

Drug/Alcohol Abuse

Offenders “perception of betrayal by

victim”

Offender exhibits significant changes

Assessing Lethality (3)Other Danger Signals

Increased severity and frequency of abuse

Rape

Battering during pregnancy

Violence toward children

Strangulation of victim

Cruelty to pets

Obsession with fire

Officer Response to High Lethality Risk

Protect Victims And

Hold Offenders Accountable

Why Lethality Assessment is so Important

Documents Risk Factors Used

to Determine Bail Bond

Bail Bond (1)

72-Hour No Contact Conditions of Bond – DV Specific

In place for any defendant who has been charged with criminal offense in which the victim was a family or household member as defined by the IDVA.

The defendant must “refrain” from contact or communications with the victim, and “refrain” from entering or remaining at the victim’s residence.

72-hours begin when defendant is released from custody.

I prefer a “no contact until further order of court” to attempt to prevent the inevitable pressures on victim to dismiss case.

Bail Bond (2)Special No Contact Condition of Bond – Not DV

Specific

A Judge orders a special condition that the defendant have no contact with a specific person, place, groups of people, etc. as a condition of bond.

If the victim is a family or household member a Violation of Bail Bond (VOBB) charge could be filed by the SA. Class A Misdemeanor.

If the victim is not a family or household member a State’s Attorney has several options (depending on the violation) such as immediately asking for bond to be increased, or asking for the matter to be set for hearing before the judge re-assesses the bond.

720 ILCS 5/32-10

725 ILCS 5/110-6

Bail Bond AssessmentsJudges MUST consider the following when

setting bond (Effective 2007)

History of violence, domestic violence, court order violations

Access to weapons or history of using weapons

History of drug and/or alcohol abuse, mental health issues

Offender and victim have currently separated

Offender stalked, surveilled, or isolated the victim

Offender has expressed suicidal or homicidal ideations

New Bischoff Bail Statute (1)

Effective January 1, 2009

Requires the court to order a risk assessment on any defendant charged with VOOP Some courts requiring this in 48 hour window before a bond is

set

Other courts requiring the assessment to be done as a condition of bond

One of the reasons we need the information requested in the previous slide (history of violence, death threats, etc.)

New Bischoff Bail Statute (2)

Based on information gathered in the risk assessment, the Court can order the defendant to wear a GPS device as a condition of bond.

Also can order the GPS device as a condition of any probation that may be granted.

Good Communication between Social services agencies and Law Enforcement is a MUST.

Training Exercise

Handling the Call:

Domestic Violence Vignettes

Stalking Scenario

“Everywhere I Go There He Is –

Am I Losing My Mind?”

ACKNOWLEDGEMENTS

We would like to take this opportunity to thank those Individuals and agencies who have assisted us in the development of this presentation:

- Mark Wynn, Wynn Consulting - www.markwynn.com

- 4th Judicial Circuit FVCC Law Enforcement Committee

- OVW Rural Grant Committee, 4th Judicial Circuit

This project was supported by Grant #2011-WE-AX-0055, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Violence Prevention Authority.

The original project was supported by Grant # 2008-WR-AX-0016, awarded by the Office on Violence Against Women, U.S. Department of Justice, through the Illinois Criminal Justice Information Authority.

Points of view, opinions, findings, conclusions or recommendations contained within this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice, Office on Violence Against Women, Illinois Violence Prevention Authority, or the Illinois Criminal Justice Information Authority.