INTRODUCTION

The California State Legislature, through passage of Assembly Bill 226, designated sole authority to County Probation Departments to approve, deny, suspend, or revoke batterers program certification and renewal. In order to accomplish this mandate, the Santa Clara County Probation Department has revised the Standards for Batterers Programs to emphasize the intent and purpose of the law and to reflect this agency's mission to protect the community. The purposes of the Probation Department's revised standards are to:

• Provide guidelines for intervention programs to protect battered victims and children and eliminate domestic violence
• Mandate the highest level of ethical and informed practice and encourage program responsibility in reaching these standards
• Recognize that intervention services are only a part of the total community strategy to end domestic violence
• Establish the minimum level of responsibility, service and accountability expected from programs
• Provide services which do not promote abuse, that support change, and that hold batterers accountable for their behavior
• Provide a measure against which program performance and efficacy is evaluated.
• Provide a basis for future program development
• Encourage communication and interaction among programs
• Offer stimulation and direction of research which may result in improving intervention strategies
• Provide current information about which intervention methods are appropriate
• Serve as guidelines from which a program can develop its philosophy, procedures, curriculum content and practices

STATEMENT OF PHILOSOPHY

The Santa Clara County Probation Department requires that all aspects of service delivery by a batterers program must focus primarily on the safety of domestic violence victims and their children. The entire program, as reflected in the program application, group process, administrative operations, and any activity with or about the batterer, must hold the victim's safety and well-being as the primary concern. The interests of victim safety and autonomy supersede the rehabilitative interests of the batterer and the batterers program. There is not yet conclusive evidence that intervention programs for batterers are effective in ending violence and abuse, on either an individual or societal level. What research has been done demonstrates that only a small number of batterers who complete batterer intervention programs are committed to lives free of violence. Therefore, the requirement of a program's adherence to these Standards is to not only safeguard victims and the batterer's current partner, but to assure, at the very least, that batterers gain no further power to abuse through participation in a batterers program.

Services for batterers shall not exist in isolation. A batterers program is but one element of a comprehensive community plan to stop domestic violence. The plan must include integrated criminal justice agency agreements and protocols, interaction and direction by battered women services and safety organizations, local community involvement, and a commitment to provide adequate community resources for victims and batterers which address cultural and language diversity. A batterers program shall maintain cooperative working relationships with domestic violence victim advocacy agencies and shall use their advice and direction in programming decisions. A batterers program is also expected to participate in and have knowledge of the activities of the Santa Clara County Domestic Violence Council.

A batterers program is required to develop relationships with domestic violence victim advocacy agencies to enable victims and/or partners to join support groups with others facing similar issues. A batterers program shall be informed by, and be accountable to, the experience of victims. Victim's experiences and responses to abuse are not universal; therefore, the program must respect the rights and individual differences of victims at all times.

The safety and rights of domestic violence victims must be the highest priority in the implementation of these standards by a batterers program. It is the batterers program's responsibility that the activity of the program does not increase the level of danger to the batterer's victim or current partner.

The goal in a batterers program shall be to end the offender's abusive, intimidating and violent behavior. The primary focus shall not be the preservation of the relationship or an analysis of the individual relationship issues and shall not support the abuser's justification for the use of violence. The batterers program must ensure that the interests of potential victims of violence are sufficiently addressed. All procedures and practices must be evaluated from the perspective of whether they advance or jeopardize the safety of domestic violence victims and children.

Batterers group sessions are potentially sympathetic environments for batterers to reinforce attitudes, behaviors, and actions promoting violence against intimate partners. A program must acknowledge that this is a dangerous side effect commonly occurring in batterers programs. The written curriculum must eliminate the possibility that groups may become support groups to justify violence.

The content of a batterers program shall recognize and identify the potential for the support and perpetuation of abuse based upon traditional gender roles, privilege and victim blaming. Violence is not the responsibility of the victim. The use of language suggesting provocation, codependency, or mutual responsibility is to indicate otherwise. Victims are endangered by those who promote the view of victims as participants in violence. The concept of provocation fosters an assumption that batterers abuse in response to a victim's behavior and serves to permit batterers to see themselves as victims. Our society excuses batterers when the victim's behavior is labeled as provocative; so called provocation is actually a victim announcing through selective behaviors an unwillingness to accept the abuser's power and control. Abuse is not caused by provocation or anger. Rather, it is the means batterers use to gain, maintain or demonstrate control over their partner and children and to get what they want. Batterers do not "lose control" but carefully select the targets of their abuse. The decision to control and the choice to violently enforce control is independent of the behavior of the victim.

The philosophy of each batterers program must advance the premise that domestic violence is criminal activity and is learned behavior, and is therefore changeable. Violence, other than for self defense, can not be justified by the victim's behavior and can never be condoned. Batterers are to be held accountable for all acts of abusive and intimidating behavior as they are solely responsible for their actions.

Batterers program policies shall not conflict with the philosophy contained in these standards. Any policies established in addition to these Standards shall be developed with the assistance of local domestic violence advocates and shall be reviewed and approved by the Santa Clara County Probation Department.

DEFINITIONS

Domestic violence as defined in the California civil statutes is abuse perpetrated against the following persons: spouse or former spouse, cohabitant or former cohabitant, person with whom one is having or has had a dating relationship, person with whom one has had a child, any person related by consanguinity (blood relative or close relationship) or affinity (relationship by marriage or a close relationship) with the second degree.

Abuse means intentionally or recklessly causing or attempting to cause bodily injury, or sexual assault, or to place a person in reasonable apprehension of imminent serious bodily injury to that person or another.

1. A pattern of coercive control directed toward the victim.
2. Behavior that physically harms, arouses fear or prevents the victim from doing what she/he wishes. Relationships in which one partner uses assault and coercion can be found among married and unmarried heterosexuals, lesbians and gay men.
3. Intentional behavior to undermine the will of the victim and to substitute the will of the perpetrator for the will of the victim. Perpetrators batter victims to achieve and maintain power over their victims.
4. Deliberate behavior, not the loss of control. Perpetrators select the targets of their abuse. They often choose the circumstances of their violence including the amount of injury inflicted by their assaults.
5. All forms of deliberate attempts to control and restrict the behavior and activities of another including:
   1. Physical assaults including pushing, slapping, physically prohibiting escape, beatings with fists and weapons, shootings, stabbings, and homicide;
   2. Verbal and emotional forms of assault and control such as intimidation, coercion, threats, isolation or degradation;
   3. Economic forms of control such as withholding or denying access to money or other basic resources, and/or sabotaging employment, housing or educational opportunities;
   4. Sexual assault or coercion;
   5. Social isolation such as possessiveness, denying communication with friends, family and other support systems, prohibiting access to transportation, telephone and the mail;
   6. Failure to comply with immigration requirements, making the immigrant partner unable to work and vulnerable to deportation and loss of child custody.

Battering is patterned abuse in the presence of terrorizing tactics. This is abuse that, at least once, has been physical, sexual or involved the destruction of property and is either repeated or threatened to be repeated in such a way as to engender fear in the mind of the victim. It is the systematic domination and/or terrorization of one person by another.

Victims are persons against whom the perpetrator directs abuse or battering. This may include partners, children and other family or household members. The perpetrator is never a victim even if those abused direct violence against the perpetrator to defend themselves or to stop the perpetrator's abuse.

Victim advocacy agencies are agencies which have as their primary purpose advocacy for domestic violence victims, as defined in their agency mission statement.

PROGRAM FORMAT / GROUP REQUIREMENTS

The Court and the Probation Department will only refer offenders to certified batterers programs providing education services which include, but are not limited to, lectures, classes, group discussions, and counseling.

The primary method of program intervention shall be group discussions, led by trained cofacilitators, within an established curriculum which shall include strategies to hold the offender accountable for the violence in the relationship. The discussion of violent and coercive incidents during a group session is used as a means to identify and confront the specific controlling behaviors in order to achieve an end to those behaviors.

The batterers program shall offer ongoing, same gender group sessions which demonstrate cultural and ethnic sensitivity. The group size may vary from meeting to meeting, depending on attendance, but the minimum number of participants shall be 3 per group, unless same gender, geographic, or language restrictions apply. Group size shall not exceed 15 participants except under special circumstances approved by the Probation Department.

All groups shall be led by trained co-facilitators, except when contraindicated by group size, language or gender. Every group with 8 members or more must be cofacilitated unless under special circumstances pre-approved by the Probation Department. The facilitators shall maintain a strong leadership role in order to confront problematic behavior, victim blaming, minimization and rationalization for the use of violence and control.

Programs providing women's groups must comply with these Standards; no modification of content or curriculum is allowed. Penal Code section 1203.097 mandates that all defendants granted probation for an offense which qualifies as domestic violence complete a certified batterers program.

If a convicted batterer is referred to a program, and through the assessment process, or in the course of group discussion, it is revealed that there is a history of victimization, the participant may be referred to Probation with such information, indicating the defendant is unsuitable for the program. The Probation Department then may bring this information to the court's attention, along with appropriate documentation, and request a modification of the court order to allow the defendant to attend an alternative counseling program.

Programs may use an open or closed format, but must provide at least 52 consecutive weekly sessions. Each session shall be, at minimum, 2 hours duration, and at maximum, 3 hours per day, excluding breaks, limit 1 session per week.

ATTENDANCE / LEAVE OF ABSENCE POLICY

Attendance Requirements:

1. Programs may allow up to 5 absences during the 52 weekly sessions. Each absence must be made up and be of the same program content as the missed session. Thus, a second session may be attended during the week only if it is a make up session. Make up sessions do not erase absences. The sixth absence automatically results in immediate termination from the program. An absence cannot be excused, except by order of the court. Any absence deemed excused by the Court must also be made up and be of the same program content as the excused session(s).
2. If a batterer's sixth absence is due to an extraordinary circumstance, such as a death in the family, childbirth or an otherwise unforeseeable occurrence, a batterer may request exception from automatic termination from the program by immediately contacting the Program Director and the Supervisor of the Probation Department's Domestic Violence Unit to discuss the matter. Prior to contacting the Probation Department, the batterer shall verify the reason for the absence with written documentation presented to the Program Director who will make a recommendation based on the batterer's current progress in the program and the reason for the absence. The D.V. Unit Supervisor will respond in writing to the Program Director if, the exception is to be granted. Note: A batterer who has had five absences within the first twenty weeks of program participation will not be considered eligible for this exception.

Leave of Absence Policy:

A batterer may request a Leave of Absence from participation in the batterers program under the following circumstances:

1. Serious illness of the batterer which requires hospitalization or medical treatment which would cause inability to attend program sessions for more than two weeks and without which the batterer's health would be seriously jeopardized. (Requires documentation from the batterer's physician detailing the medical diagnosis, the type and duration of necessary treatment and recuperation.);
2. Obligation of employment which would cause the defendant to be out of the state/country in excess of two weeks and for which the batterer would lose employment if not granted leave. (Requires written verification from the batterer's employer detailing nature and duration of business trip and statement of necessity for continued employment.);
3. Family emergency which requires the batterer to miss more than two sessions due illness of family member for whom the defendant is a primary caretaker or other extreme family emergency for which the presence of the batterer is absolutely necessary. (Requires written documentation);
4. Military Leave (Requires copy of Military Orders);

Upon the request of the batterer for a Leave of Absence under these or other extreme circumstances, the Program Director will contact the Supervisor of the Probation Department Domestic Violence Unit for permission to grant a Leave of Absence. Permission to grant a Leave of Absence will then be made in writing upon receipt of all required documentation and following discussion with the program director and the assigned probation officer. The batterer will provide necessary written documentation to substantiate the need for such a leave. The request shall be made at least two weeks prior to the requested leave period whenever possible. If advance permission is not requested and it is determined that sufficient time for notice did exist, the request will be denied and sessions missed will count as absences. If a leave of absence is granted, the number of sessions missed will not count as absences, but must be made up in accordance with these standards.

The program shall not conduct couples counseling or family counseling or both while the defendant is attending the program. Victims shall not be compelled to participate in a program or counseling and no program may condition a defendant's enrollment on participation by the victim. The program shall not require or encourage psychological tests for domestic violence victims and/or their children or mandate partners to participate in any way in any intervention program.

PROGRAM CONTENT

The goal of the batterers program is to end the offender's abusive behavior. This shall be achieved by confronting and dispelling the individual batterer's justifications for the use of violence within the relationship. Particular attention shall be paid to the belief systems that promote the use of intimidation, violence and coercion against intimate partners and children. Theories or methods which in any way bring the victim into the circle of responsibility for the batterer's behavior or diminish the batterer's responsibility for the violence are inappropriate.

Programs wishing to conduct groups for specialized populations, including women convicted of domestic violence offenses; shall seek approval of the curriculum from the Probation Department prior to establishing the group.

All program curricula shall include the following themes, as specified in Penal Code Section 1203.097 (c)(1)(F), with cultural, ethnic, sexual orientation and class sensitivity. Programs are encouraged to augment these themes in a creative way, as appropriate to the special needs of the group. Once approved, curricula shall not be modified without prior approval of the Probation Department.

• gender roles
• socialization
• the nature of violence
• the dynamics of power and control
• the effects of abuse on children and others

These themes shall be presented through education and group interaction for a thorough exploration and understanding of the following:

1. The specific elements of a violent incident and the forms of abuse including physical, emotional and sexual abuse, economic manipulation or domination, property destruction, terrorist threats, and acts jeopardizing the well-being and safety of children and other family members or friends.
2. Abuse, battering, and domestic violence as defined in this document.
3. Techniques for achieving non-abusive, non-controlling attitudes and behavior.
4. The batterer's intent to obtain power over and control of an intimate partner and how the use of violence and coercion achieves that intention.
5. The willful decision, not "the loss of control", to act violently.
6. Victim blaming, denial, minimizing, and other techniques for justifying the use of violence.
7. Beliefs that facilitate, legitimize and sustain abuse and inhibit desistance including misogyny and entitlement/ownership of intimate partners.
8. Societal approval and support for control through violence and the designation of intimate partners and children as safe targets for this violence.
9. The support and perpetuation of abuse based on traditional gender roles and privilege.
10. The unacceptable excuse of violence as a cultural norm.
11. The rationales of both majority and minority ethnic cultures, which provide support for denying and minimizing domestic violence, and which prevent widespread community condemnation of the violence.
12. The connections and similarities between domestic violence and racist oppression imposed by the dominant culture.
13. The batterer's identification of all abusive conduct, the pattern of that conduct, and the cultural supports that legitimize or excuse both individual acts and the larger pattern of battering.
14. How heterosexist and homophobic beliefs, attitudes, and behavior contribute to oppression, dominance and control.
15. The destructive impact the use of violence creates upon self esteem, affection, and upon the perceptions of adult and child victims and witnesses of domestic violence.
16. The impact of battering on children and the incompatibility of violence and abuse with responsible parenting.
17. The adverse legal and social consequences imposed for abuse and battering including any violation of the terms of a criminal or civil restraining order.
18. How substance abuse does not cause violence but may substantially increase the risk of injury to victims. The risk of lethality is increased both during intoxication and withdrawal from substances.
19. How childhood events cannot be used to explain, excuse, or condone a batterer's present use of violence.
20. The erroneous concept of inter-generational inevitability of violence without denying the significance and pain of childhood experiences of violence.

Program content shall challenge the following attitudes which promote the use of abusive behavior:

1. Entitlement to control the activities of another.
2. Rigid sex role stereotypes.
3. Superiority and privilege based on gender.
4. Restriction of a full emotional range based on gender.
5. Aggression as a legitimate tool of enforcement of authority and privilege.

Program content shall promote within the batterer the following awarenesses, attitudes and behavior:

1. Accountability as demonstrated by divestiture of all power and control over the victim/partner.
2. Elimination and reshaping of all behaviors, language, values and beliefs used to maintain power over intimate partners and support abusive conduct.
3. Respect for the equal rights of partners in a relationship.
4. Empathy for victims' experiences.
5. The financial, personal and social costs of abusive behavior to victims and their families.
6. Accountability, as demonstrated by acting promptly and comprehensively in meeting legal and financial obligations and paying restitution for losses to the victim of the battering and abuse.
7. The importance of the batterer demonstrating what has been learned and what commitment to change has been made.
8. The importance of and responsibility to become involved in community efforts to decrease domestic violence by:
   1. Confronting other abusers in everyday situations.
   2. Bringing other abusers into the program.
   3. Encouraging non-violent attitudes and behaviors in the community by participation in educational functions and activities which promote non-violence in relationships.

Stress/anger management techniques may be presented in the educational program. Program content shall emphasize that anger or other emotions are not at the root of battering. Abuse is not the result of a loss of emotional control and is not necessarily accompanied by anger. The content shall explain how anger is used as a controlling technique which, if ineffective, escalates into violence. However, program content which focuses on anger and the development of anger management skills is inappropriate since it does not challenge or explain the value system supporting domination and violence and creates the erroneous assumption that loss of emotional control is the cause of domestic abuse. Programs based on an anger management model fail to explain or confront the batterer's selective targeting of abuse and may serve to increase the batterer's skills in non-physical control over others.

Program content may include the enhancement of communication skills within an intimate relationship as an alternative for non-violent expression and a method for creating equality within the relationship. However, the content must reflect the understanding that the enhancement of communication skills may actually enable the defendant to create other means of abuse and control.

Program content shall recognize that the premature introduction of the topic of social isolation of the batterer, as opposed to the use of isolation as a controlling technique by the batterer, encourages buddy systems. Such relationships between batterers may actually facilitate and reinforce controlling and violent behavior. Developing intimacy and support cannot be achieved in any relationship if the batterer is still invested in using power and control.

Inappropriate Methods of Intervention:

The following methods, determined to be inadequate and/or inappropriate, shall not be the focus of intervention:

1. Psychodynamic, individual or group therapy.
2. Communication enhancement, anger or stress management techniques which lay primary causality on anger.
3. Systems theory approaches which treat the violence as a mutually circular process, blaming the victim.
4. Addiction counseling models which identify the violence as an addiction and the children as enabling or codependent to the violent drama.
5. Family therapy or counseling which places the responsibility for adult behavior on the children.
6. Gradual containment and de-escalation of violence.
7. Theories or techniques which identify poor impulse control as the primary cause of the violence.
8. Methods which identify psychopathology on either parties' part as a primary cause of violence.
9. Fair fighting techniques, getting in touch with emotions, or alternatives to violence.

Punching pillows, batakas, and other "ventilation devices" shall not be used as suggested methods for reducing stress or anger since these devices actually condone the violent expression of emotions.

Individual counseling sessions are not permitted in place of group sessions. Individual sessions serve only to support the defendant's belief of uniquely different reasons for employing violence in a relationship and prevent the beneficial interaction of direct confrontation and education which occurs in group sessions. Individual sessions shall not be credited toward the minimum attendance requirement mandated by the program or the Court.

PROGRAM / STAFF REQUIREMENTS

Program Qualifications:

A program shall provide documentation to prove it has conducted batterers groups for at least one year prior to application for certification. This requirement may be waived if there is no existing batterers program and/or an urgent need in the community exists. A batterers program may be administrated by either an individual or an agency. The program shall also demonstrate it possesses adequate administrative operational capabilities to operate a batterers program. (Please see Administrative Operations section).

Staff Education and Qualifications:

The following education and qualification requirements shall be met in order to conduct a batterers program.

• Program staff shall have specific knowledge regarding, but not limited to, partner abuse, child abuse, sexual abuse, substance abuse, and the dynamics of violence and abuse.
• Program staff shall understand applicable criminal statutes and policies and procedures of local law enforcement, prosecution, courts, probation, and parole.
• Program staff shall be familiar with the relief available to victims of domestic violence afforded by the Domestic Violence Protection Act and criminal protective orders.
• Facilitators must be able to articulate an analysis of domestic violence as relates to gender roles, socialization, the nature of violence, the dynamics of power and control, and the effects of abuse on children and others.
• Facilitators must demonstrate an understanding of violence as one of the many tools used by batterers to subordinate and control their intimate partners.
• Facilitators must demonstrate empathy with domestic violence victims.
• Facilitators shall demonstrate knowledge and sensitivity to issues of socioeconomic class. An unstated expectation that a more educated, higher income, more articulate batterer is a better candidate for change creates a hierarchy of batterers based upon class and undermines the goal of ending domestic violence. Each program must develop a plan to address these issues so as to not endanger victims of any class.
• Facilitators must demonstrate knowledge and sensitivity to issues of racism and ethnocentrism. A batterers group session that focuses on the experiences of the dominant culture may be of little use to batterers of color. Each program must develop a plan to confront racism within group sessions.
• Facilitators must demonstrate knowledge and sensitivity to issues of heterosexism and homophobia. A batterers group session which supports or articulates homophobic and heterosexist views will serve to perpetuate the oppression of lesbians and gays and stereotypical gender roles. Each program must develop a plan to confront heterosexism and homophobia within group sessions.

The nature of any prior criminal history of potential staff members shall be considered in hiring.

Agencies providing a batterers program shall have licensed personnel in the field of human behavior available to staff for consultation and direction as needed.

Experience and Training:

The content of the training shall include such topic areas as:

• gender analysis of domestic violence
• gender role socialization as related to domestic violence
• current domestic violence law
• diversity issues and unlearning oppressions
• experiences of victims of domestic violence and victim advocacy
• themes of program content as defined in these Standards

Program staff are required to utilize the expertise, training, and assistance of local domestic violence advocacy agencies. Program staff shall work cooperatively with local domestic violence advocacy organizations and local battered women shelters to implement their suggestions for program improvement, including program philosophy, content, administration and group presentation. It is recommended that compensation be provided to all domestic violence advocacy agencies for all assistance provided to the batterers program. Cooperative agreements are encouraged between the batterers program and the domestic violence advocacy agency to ensure clarity of functions. All cooperative efforts shall maintain the victim's safety as the primary focus of the agreement.

All batterers programs shall serve culturally diverse populations. Staff composition should reflect the cultural diversity of the community served by having facilitators with bicultural experience and bilingual ability.

Documentation of required training of program facilitators shall be submitted to the Probation Department with the program application, renewal and upon addition of new staff.

Ethical Standards:

The program director and all program staff shall maintain the consistent attitude that the offender is solely accountable for the violence, that violence is intolerable in a relationship, and that use of violence or intimidation while enrolled in the program shall be grounds for immediate termination.

A program shall develop a written code of staff conduct which reflects the following ethical considerations:

1. Be violence free for a minimum of five years prior to facilitation of group sessions (unless under special circumstances pre-approved by the Probation Department) and remain violence free as a facilitator.
2. Consistently act and communicate so as not to perpetuate attitudes of racism, sexism, homophobia, economic discrimination, and victim blaming.
3. Not engage in problematic consumption of drugs, alcohol or other substances.
4. Not engage in or condone acts of sexual harassment or exploitation according to the law.
5. Be open to self-examination and be receptive to feedback on issues of power and control, dominance and gender role conditioning. Continually engage in a process of education and self reflection on domestic violence.
6. Seek divestiture of gender based institutional privilege both personally and in the intervention program.
7. No personal relationships with the program participants including sexual conduct.
8. Commitment to the principle of equal opportunity in intervention programs and working in such a way that is culturally sensitive and does not discriminate against people because of race, color, religious creed, ancestry, national origin, age, gender, disability, marital status, sexual orientation, political affiliation or socioeconomic class.
9. Not engage in any activity which presents a conflict of interest.
10. Immediately report to the referring agency any incidents of child abuse and a batterer's threats to do harm or kill another person as guided by Tarasoff vs. Board of Regents and related rulings.
11. No program may employ as a facilitator any person who is on probation to the court.

ADMINISTRATIVE OPERATIONS

The provider of the batterers program shall demonstrate it possesses adequate administrative and operational capabilities to conduct a batterers program. The provider shall develop written policies and procedures which direct the operation of the batterers program and which do not conflict with these Standards. These policies and procedures shall include, but are not limited to, the following:

• facility operations
• record keeping
• program fee policy
• acceptance / rejection policies
• intake procedures
• enrollment procedures including documentation
• victim notification and contact procedures
• progress/completion/termination/readmission policies and procedures

Facility Operations:

When determining meeting location, group session time schedule and fees, the program shall facilitate accessibility to batterers based upon ethnic, economic, and geographic considerations. The safety of victims shall override these considerations.

Batterers group sessions shall be held in a facility with disabled accessibility and in a room which fosters the confidentiality of the group. The facility shall be covered by appropriate insurance and meet Health and Safety Code standards. A copy of the lease/deed, along with a description of the facility, shall be included in the application for certification.

The program shall designate by name, title, address, phone number and working hours, the program director who will conduct the coordination between the program and the Probation Department. The program shall also identify the telephone number of the staff member having knowledge of the program who is available during normal working hours to provide current information to the Probation Department. Program facilitators shall respond within 24 hours to inquiries by the Probation Department.

RECORD KEEPING and REPORTING REQUIREMENTS

A program shall maintain complete and accurate records regarding the batterer. All records shall be maintained in locked files which shall be made available upon request to the Probation Department, the Court or the District Attorney. All records maintained on computer database shall be appropriately secured. All records shall be easily accessible and maintained in a manner to ensure uniformity of information and ease of data retrieval. Forms used must be approved during the application process.

All victim/partner information shall be maintained in a separate and confidential file from that of the batterer and this information shall be maintained in the strictest security and for each of the batterer's victims and/or partners.

A program shall establish procedures for submitting to the Probation Department, or any other referring party, all of the following reports: enrollment, progress, completion, and termination. Programs providing intervention for batterers who are required to enroll as a condition of summary/court probation shall follow these standards, but shall submit reports directly to the sentencing court.

All program staff shall diligently prevent clients from having any access to other client files, victim files and their contents, written materials and progress reports regarding other clients/victims.

The batterer's file shall contain the following legibly written, signed and dated information:

• documents establishing proof of the batterer's identity
• the batterer's residence, phone number and place of employment
• address and phone number of the batterer's nearest relative
• court and/or probation referral, police report, court order and restraining orders, if available.
• financial assessment
• intake assessment document, including lethality assessment
• intervention plan and referrals for concurrent programs
• all documents received by and signed by the batterer including:
  1. contract / program rules
  2. waiver of confidentiality
  3. group confidentiality agreement
  4. definitions of abuse and techniques for stopping abuse
• victim notification and contact verification
• enrollment, progress, and completion/termination reports
• weekly progress notes
• information received of violations of restraining orders
• threats, acts of intimidation, assaults or other possible criminal offenses
• compliance with or violations of terms of the program contract
• exit conference

The above information shall be retained for a minimum of 5 years from the date of completion or failure.

The following shall be submitted in all appropriate languages with the application, and thereafter be available for on-site review:

1. brochures and informational advertisements
2. contract and group confidentiality agreement
3. waiver of confidentiality
4. victim letter and any information provided to victims
5. program curriculum
6. description of the record keeping system
7. financial assessment and sliding fee scale
8. enrollment, progress, completion/termination reports
9. procedures for maintaining confidentiality for victim and/or partner contact
10. on-site directory of referrals for victims and batterers
11. any other documents used by the program

The following shall be submitted with the application and renewal and upon addition and/or deletion of groups or staff:

1. complete list of all program facilitators
2. complete list of group sessions including: meeting day, time, language, location and facilitator
3. resumes and training of program facilitators

FEE POLICIES

Programs shall be self supporting, especially those which receive third party payments such as community mental health agencies. No program shall compete with domestic violence advocacy agencies for limited public and private resources. Any external funding sources should be advised of the agreement not to compete with domestic violence advocacy agencies for funding.

Batterers are expected to pay a fee for services provided. The batterers program shall:

1. Develop and utilize a sliding fee scale that recognizes both the batterer's ability to pay and the necessity of programs to meet overhead expenses. The sliding scale shall be applied to all fees charged by the batterers program, including intake/assessment and orientation sessions
2. Require the batterer to provide proof of income as documented by pay stubs, tax returns and other income receipts. No batterer shall be eligible for reduced fees unless documentation is provided. In order to obtain complete information, the program may contact the victim or the partner to verify the batterer's income.
3. Determine the batterer's fee, using a sliding scale, after completing a financial assessment of the batterer's ability to pay and submit this information to the Court or Probation on the enrollment form. The financial assessment shall include the batterer's income, reasonable living expenses, number of dependents and court ordered payments or garnishments including child support and restitution.
4. Negotiate a deferred payment schedule or payment of a nominal fee for batterers of indigent means.
5. All programs shall allow up to 20% of the total probation/court referrals per group as indigent, but no program shall be required to maintain more than 20% indigent participants, unless specifically stipulated by the program.
6. Maintain a list of reduced fee cases in a retrievable data system which shall be available to the Probation Department and shall be identified by the batterer's name and case number.
7. All programs shall maintain records of any payments received from the batterer's victim and/or partner and this information shall be reported to the referring agency.
8. Fees shall be paid as specified in the program contract. All fees shall be paid in full during the term of probation unless the program sets other conditions.
9. Develop a procedure to address how accommodations are made if changes occur in the batterer's financial status.

ACCEPTANCE / REJECTION POLICY

The program shall have the ultimate authority in the selection of program participants and, therefore, shall develop and utilize criteria for acceptance and rejection.

The program is responsible for notifying the victim of the batterer's acceptance or rejection for intervention. The program shall notify the victim of any conditions imposed on the acceptance into the program.

The program shall not discriminate against any batterer based on race, gender, class, age, physical disability, religion, educational attainment, ethnicity, national origin, or sexual orientation.

Acceptance:

The program shall consider, but are not limited to, the following criteria for suitability/acceptance:

1. demonstrated motivation to change the violent and coercive behavior
2. willingness to agree to the terms and conditions of participation in the program
3. ability to benefit from and effectively participate in the program

The program has the responsibility and authority to impose any conditions on participation in the intervention program deemed appropriate, but these shall not be in conflict with the requirements of the court or probation. Appropriate conditions may include, but are not limited to, the following:

1. abstinence from alcohol and/or drugs
2. drug and alcohol treatment
3. mental health treatment
4. sexual abuse treatment
5. parenting without violence program

When referrals to other programs are recommended, the batterer's program is encouraged to communicate and exchange information with the collateral programs about progress, reoffenses, and other relevant information, so as to cooperate in the efforts to protect the victim's safety.

Rejection:

The batterer may be deemed unsuitable/rejected based upon, but not limited to, the following criteria:

1. characterological deficits or psychological pathology
2. severe substance abuse problem which is not yet addressed
3. high risk for lethality, unless participation can secure the victim's safety (Contact may be made with the victim in making this determination.)
4. Rejection cannot be based upon an inability to pay.

Referrals to Alternative Programs:

When the program finds a batterer unsuitable, the program shall immediately notify the Probation Department on the standard enrollment form. If possible, the program will recommend an appropriate alternative program.

If a convicted batterer is referred to a program, and through the assessment process, or in the course of group discussion, it is revealed that there is a history of victimization, the participant may be referred to Probation with such information, indicating the defendant is unsuitable for the program. The Probation Department then may bring this information to the court's attention, along with appropriate documentation, and request a modification of the court order to allow the defendant to attend an alternative counseling program.

INTAKE PROCEDURES

The program shall conduct an initial intake and financial assessment. Each batterer shall be evaluated individually. The evaluation process shall include a profile of the batterer's behavior including independent descriptions from probation, police reports, victims and other intervention programs.

No program shall accept a batterer who has been placed on court or formal probation for enrollment into the program unless the batterer has provided the program with a completed referral form, a copy of the arrest report, the court order, a copy of any no contact/protective order, and a psychological evaluation, if one has been completed.

An intake appointment shall be scheduled within two weeks of contact by the batterer.

Referral: The written referral shall include:

• the number of minimum sessions required by the court
• a signed agreement by the batterer to attend the program under all program conditions and allow complete exchange of information
• any other programs/treatment ordered by the court or recommended by probation
• the date of return to court, if applicable
• the crime(s) of which the batterer was charged/convicted
• the court case number and/or the agency case number
• the complete name, address and telephone number of the referring party
• the victim's name and any restrictions of contact
• other agencies/programs providing services to the batterer
• previous participation in a batterers program
• prior incidents of violence (including domestic violence, child and/or sexual abuse)
• conditions of no contact/protective orders

The batterer shall be required to provide proof of identity at time of presentation of the referral documents. Proper identification requires a photo identification such as a driver's license, state identification card, or passport.

CONFIDENTIALITY

The participants in batterers programs are accorded only limited confidentiality. Each victim shall be privy to significant information about the batterer during the program, if requested, as such knowledge is crucial to the victim's safety.

The batterer shall be verbally informed of and be required to sign a waiver of confidentiality authorizing the release and exchange of information at the time of intake. The signed waiver, which shall be valid for five years, authorizes the program to obtain information from:

1. The victim and/or current partner.
2. Victim advocacy or support agencies acting on behalf of a victim and/or partner.
3. All prior batterers programs and concurrent treatment programs.
4. All relevant legal entities including: criminal, juvenile and civil courts, police departments, Parole, Probation, District Attorney's Office, Department of Family and Children Services, Adult Protective Services, Family Court Services, Office of Pre-Trial Services and any other entity that the court may specifically direct;

And requires the program to provide information upon request to:

1. The victim and/or current partner.
2. Victim advocacy or support agencies acting on behalf of a victim and/or partner.
3. Concurrent treatment programs
4. All relevant legal entities including: criminal, juvenile and civil courts, police departments, Parole, Probation, District Attorney's Office, Department of Family and Children Services, Adult Protective Services, Family Court Services, Office of Pre-Trial Services and any other entity that the court may specifically direct.

The program shall provide the authorized information to the referring agency as indicated in these Standards, without a formal request.

This waiver authorizes the release and exchange of information including, but not limited to:

1. financial assessment and intake forms
2. enrollment, fee schedule and payment schedule
3. compliance with program contract
4. attendance/nonattendance
5. termination/completion
6. any threats of violence regarding the victim, children, or significant others/family members
7. progress evaluations
8. information regarding changes in the batterer's circumstances ( i.e. alcohol/drug abuse, suicidal ideation) which effect the participant's ability to benefit from the program and/or negatively impacts the safety of the victim
9. risk/lethality assessment and changes therein
10. re-offense or violation of no contact/protective orders

INTERVENTION PLAN

A program shall develop a unique intervention plan for each batterer which shall consider the following issues:

1. lethality risk assessment which must incorporate the following:
   • history of threats of homicide and suicide
   • history of ideation of homicide and suicide
   • history of episodes of rage
   • history of depression
   • possession of, access to, or a history of use of weapons
   • degree of obsessiveness and dependency on his partner
   • history of drug and/or alcohol use
   • history of sexual abuse of the battered partner and others
   • access to the battered partner
2. information contained in the referral documents (police report, referral form, court order)
3. verbal consultation with the victim, only if the victim desires to participate
4. criminal history
5. history of abuse as a child and/or exposure to domestic violence
6. substance abuse history and current use
7. medical health history and status
8. mental health status and history
9. previous batterers program adjustment
10. social, economic and family background
11. educational and vocational achievements
12. literacy and learning disabilities
13. consultation with probation officer

For batterers who are chronic users or serious abusers of drugs or alcohol, a standard condition of the intervention plan shall include concurrent counseling for substance abuse, and in appropriate cases, detoxification and abstinence from the abused substance.

At initial intake, the batterer shall be provided written definitions of physical, emotional, sexual, economic, and verbal abuse, and the techniques for stopping these types of abuse.

ENROLLMENT / CLIENT CONTRACT

In order to enroll in a program, the batterer shall be required to sign all necessary documents. Failure to sign these agreements will disqualify the batterer from enrollment in the program and the case shall be returned to the referring agency within three days.

All documents shall be provided in the batterer's language or shall be translated by an interpreter who includes his or her name and address on the translated document.

The batterer shall be required to enter into a written agreement (contract) which shall include:

1. A complete and current description of the program topic curriculum
2. The program contract including program rules
3. A group confidentiality agreement
4. Statement of program philosophy

Contract:

To ensure informed consent, a batterer shall enter into a written agreement (contract) at enrollment and prior to participation in any group session. The contract shall minimally include:

1. a written statement that the batterer shall be held accountable for acts or threats of domestic violence
2. an agreement to stop violent and threatening behaviors
3. a requirement that the batterer attend group sessions free of chemical substances/influences
4. a statement the batterer shall be removed from the program if it is determined the batterer is not benefiting from the program or is disruptive to the program
5. the length of program/sessions
6. attendance requirements specifying the absence policy and consequences of inadequate attendance
7. a group confidentiality agreement
8. a confidentiality waiver
9. notification that a copy of the contract and program guidelines shall be provided to the victim and/or partner
10. a requirement to provide the program the correct address and phone number of the victim and current partner, and immediately notify the program of any changes therein
11. a requirement the batterer provide documents related to prior violence, prior or concurrent programs, or execute appropriate releases to authorize document provision by others with whom the batterer has had privileged communication
12. the fee policy and all fees charged
13. a requirement for compliance with protective orders
14. a requirement for compliance with weapon prohibitions
15. notification that periodic reports shall be provided to the referring party
16. an agreement to actively participate, including sharing personal experiences, values and attitudes, and completing group activities and assignments
17. program expectations such as written exams or individual sessions
18. an agreement to comply with recommendations for concurrent programs if deemed a condition of participation in the program
19. an outline of the contents of the program
20. an agreement to notify the program of changes of address, phone number, income status, employment, marital/relationship status, and probation officer
21. an agreement to comply with court orders and conditions of probation
22. an agreement to comply with program rules
23. a statement of program philosophy
24. the criteria for termination which specifies the consequences for contract or program violations

Group Confidentiality Agreement:

All batterers programs are confidential and normally closed to those other than participants, staff of the batterers program and the designated monitor(s) from the Probation Department.

Attendees others than participants attending any group session shall be thoroughly apprised of the confidentiality policy and execute an agreement not to disclose identities of participants or participant-specific information except as written permission is received to do so.

If the program uses video or audio tapes of group sessions for internal program purposes (such as staff supervision and training, participant education or monitoring), the program shall ask participants to give informed written consent to the taping.

The batterer shall be required to sign a confidentiality agreement prohibiting the disclosure of any information obtained through participation in the program or during group sessions regarding other participants in the program. The confidentiality agreement shall include all conversations, events, and the identity of any other participant in the program. A violation of the terms of the confidentiality agreement shall require the removal of the batterer from the program.

Enrollment Report:

Confirmation of enrollment shall be submitted to Probation or another referring agency on the standard enrollment form within 5 business days from the completion of intake. Signed copies of the contract, waiver of confidentiality, group confidentiality agreement and any other pertinent documents shall be attached to the enrollment form.

As the batterer is required to by law to provide proof of enrollment in a batterers program to the court within 30 days of conviction, the enrollment form shall be made available to the batterer upon request.

The enrollment form shall indicate:

1. the batterer's name, court case number, agency case number, referring party's name, phone number and agency, the batterers program name, phone number and contact person, and the date
2. date of the intake assessment, if the batterer is an appropriate candidate for the program, and if not appropriate, recommendations for alternative programs
3. any conditions imposed on the batterer for participation in the program
4. the amount of fee per session.
5. enrollment date, group session assignment including the day, time, language, and facilitator and group start date
6. concurrent programs recommended for the batterer.
7. confirmation that the victim has been contacted, or a request from the program to obtain the necessary information from the referring party to contact the victim.

A batterer shall be assigned and begin group sessions within 4 weeks of enrollment or be referred back to the referring agency.

The program shall immediately inform the Probation Department if the program has a waiting list.

VICTIM NOTIFICATION and CONTACT

Each program shall develop procedures to inform the victim and/or partner of the requirements of the batterer's participation in the intervention program. Notification shall not be limited to the batterer's victim; information shall also be made available to the batterer's current partner. All information and warnings shall be made separately to both the victim and the current partner.

Notification Letter

The program shall provide the following written information to the victim/partner:

1. the batterer's attendance in or completion of the program does not guarantee that the batterer will not be violent or abusive
2. the victim and/or partner is not responsible in any way for the batterer's success or failure in the program; responsibility for change lies solely with the batterer
3. referrals to local domestic violence advocacy agencies, victim witness services, local restraining order clinics, and availability of support groups with reduced fee accessibility
4. the importance of assessing, on an ongoing basis, the options for safety whether remaining in or leaving the relationship and resources for assistance in developing a safety plan
5. program staff availability to explain any of the terms or conditions of the contract
6. the case number, the name, address and phone number of the batterer's probation officer or the department number, address and phone number of the referring court
7. prohibition of victim participation in the batterers program
8. communications with the victim/partner shall be held in confidence from the batterer, unless the victim/partner specifically permits the program advocate to request the facilitator to confront the batterer with the information
9. confidentiality shall be waived for information received from the victim or partner which arises to the need for a Tarasoff Act warning or requires the reporting as child or elder abuse
10. a request for the victim to voluntarily provide the following information to facilitate contact for safety purposes: address and telephone of the victim, partner's residence, address and telephone of victim/partner's employment, and address and telephone of victim/partner's nearest relative, address and telephone numbers of children's school
11. phone numbers for local law enforcement agencies, the probation department, the court, and the district attorney's office
12. the right to inform the program of contract violations by the batterer
13. the right to inform the probation department of threats, intimidation, acts of violence, or violations of a no contact / protective order
14. the right to request the information listed in the batterer's waiver of confidentiality
15. the batterer's time out procedure and an explanation of how it is not to be used against the victim/partner

A copy of the outline of the program content, the program philosophy, the batterer's program contract and general information about domestic violence shall be included with the victim notification letter.

Other contact:

Program victim advocates, not the group facilitators, shall contact victim/partners. Staff making victim contacts shall complete victim advocacy training, similar to training required of volunteers at domestic violence advocacy agencies. The program shall develop procedures for victim contact which optimize victim safety. All communication with the victim/partner shall be held in strictest confidence unless the victim/partner specifically requests the information to be disclosed, and under what conditions.

The victim/partner shall be advised of any circumstance which indicates a potential danger to victim safety. The standard used to determine the type of circumstance requiring notification to the victim/partner shall include considerations broader than threats or threatening behavior requiring a warning under Tarasoff.

If a batterers program develops support programs for victims and/or partners, the focus of the program must be the development of empowerment and recognition of safety issues, survival strategies, and a resource network. Programs are required to consult with local domestic violence advocacy agencies in the development of any support program.

All victim/partner information shall be maintained in a separate and confidential file from that of the batterer and this information shall be maintained in the strictest security. The information shall be maintained for each of the batterer's victims and/or partners.