Robyn Simmons, Victim Specialist

Similar documents
National Congress of American Indians SECTION-BY-SECTION ANALYSIS OF TRIBAL LAW AND ORDER ACT AS ENACTED - WITH NOTES FOR IMPLEMENTATION

Program Overview Grants to Tribal Domestic Violence and Sexual Assault Coalitions Program

Presentation outline

TESTIMONY OF IVAN D. POSEY SHOSHONE BUSINESS COUNCIL EASTERN SHOSHONE AND NORTHERN ARAPAHO TRIBES WIND RIVER INDIAN RESERVATION, WYOMING

2010 Tribal Law and Order Act

H.R. 1924, THE TRIBAL LAW AND ORDER ACT OF 2009

Upon the Back of a Turtle

Expanding Your Program Beyond the Traditional SANE Program

WORKING WITH IMMIGRANTS IN PROTECTIVE SERVICES. Protective Services Division Annual Training Spring 2009

Tribal Law & Order Act: Implementation. Tribal Law & Order Act

Background on the Department of Justice s Tribal Funding History, including the Coordinated Tribal Assistance Solicitation (CTAS)

La Paz County Joint Investigation Outline

TLOA Tribal Justice Plan: Overview & Update on Implementation

IDAHO VICTIMS RIGHTS LAWS¹

TABLE OF CONTENTS. SOUTHERN UTE INDIAN TRIBAL CODE Title 28 EXPUNGEMENT CODE

Recovery STOP Violence Against Women Grant Program Implementation Plan Federal Fiscal Year

Agenda (Draft) March 28 30, 2011 Bureau of Indian Affairs, National Indian Program Training Center 1011 Indian School Rd. NW, Albuquerque, NM 87104

Measuring Crime & Justice in Indian Country

Washington Association of Sheriffs and Police Chiefs MODEL POLICY OFFICER-INVOLVED DOMESTIC VIOLENCE

Safe Homes, Safe Families: Next steps

15 SCIA hearings ( ) confirmed longstanding crisis of violence:

CITY OF TITUSVILLE POLICE DEPARTMENT 1100 John Glenn Boulevard Titusville, Florida (321)

DOMESTIC VIOLENCE COURTS/DOCKETS AND FUNDING. January 6, 2015

United States Department of the Interior BUREAU OF INDIAN EDUCATION Crownpoint Community School P.O. Box 178 Crownpoint, New Mexico 87313

Department of Justice

Deputation Agreement

Protocol 3: Domestic Violence Investigation

United States Department of the Interior BUREAU OF INDIAN EDUCATION Baca/Dlo ay azhi Community School P.O. Box 509 Prewitt, New Mexico 87045

Survivor s Rights Charter

The Future of Peacemaking in Light of the Tribal Law and Order Act

Complying with TLOA and VAWA 2013

TRIBAL PROTECTION ORDERS

S S S1627-3

An automatic right to enhanced service will apply to all victims who are either:

285 LAWS OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES, CODIFIED

Investigating a Family Violence Allegation

Anaheim Police Department Anaheim PD Policy Manual

VOCA Statute VICTIMS COMPENSATION AND ASSISTANCE ACT OF Pub. L , Title II, Chapter XIV, as amended (as recodified 10/2017)

DIRECTIVE 2012/29/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Diverting Cases to Wellness Court: Strategies for Creative Collaborations for Tribes in Alaska, P.L. 280, and Beyond

A ROADMAP FOR MAKING NATIVE AMERICA SAFER REPORT TO THE PRESIDENT AND CONGRESS OF THE UNITED STATES

Charlotte County Sheriff s Office

Current Tribal Related Data Collection Efforts at the. Bureau of Justice Statistics. Outline of Presentation

VICTIM/WITNESS ASSISTANCE GUIDE RIGHTS AND SERVICES AVAILABLE TO VICTIMS OF CRIME IN PENNSYLVANIA NOTES INCIDENT INVESTIGATION INFORMATION

Rock the Vote Democracy Class Curriculum National Congress of American Indians Supplement to Rock the NATIVE Vote!

Wisconsin s Victim Accompaniment Law

Department of the Interior Consultation on Fee to Trust Process USET SPF Tribal Leader Talking Points

Tribal Law and Order Act: Legal and Policy Issues for the Indian Law and Order Commission

A GUIDE TO THE JUVENILE COURT SYSTEM IN VIRGINIA

Opportunities for Tribal State Collaboration Alaska Tribal Court Conference Fairbanks 2016

National Congress of American Indians 2008 Political Platform

A Victim s Guide to the Criminal Justice System

An Overview of Tribal Sexual Assault Code Development: Justice for Victims of Sexual Assault

Washoe Tribe of Nevada and California. Law & Order Code INTER-TRIBAL COURT OF APPEALS RULES

PROTECTING VICTIMS OF DOMESTIC VIOLENCE:

CHAPTER. OPENER- USE YOUR NOTES TO ANSWER THESE REVIEW Q s The Courts: Structure and Participants. Upper Saddle River, NJ 07458

CHANDLER POLICE DEPARTMENT GENERAL ORDERS Serving with Courage, Pride, and Dedication

Anonymous Reporting Webinar

Constitution Of The St.Francis Sokoki Band of the Abenaki Nation of Missisquoi

Sycuan Band of the Kumeyaay NationIBIA OLES Deputation Agreement Mandatory Public Law 280 Indian Country

Building Tribal Capacity to Exercise TLOA Enhanced Sentencing and/or VAWA Special Domestic Violence Criminal Jurisdiction over Non-Indians

STATEMENT TIMOTHY Q. PURDON UNITED STATES ATTORNEY DISTRICT OF NORTH DAKOTA BEFORE THE COMMITTEE ON INDIAN AFFAIRS UNITED STATES SENATE

VIOLENCE AGAINST WOMEN AND DEPARTMENT OF JUSTICE REAUTHORIZATION ACT OF 2005

JANELLE P. KENDALL Stearns County Attorney

LEGAL RIGHTS CRIME VICTIMS IN OREGON FOR. Hardy Myers Attorney General Department of Justice. State of Oregon

The Police Response to IPV Chapter 11 DR GINNA BABCOCK

Alaska Tribal Court Development Rural Providers Conference, Nome 2015

NAME CHANGES IN TEXAS

DEPARTMENTAL REGULATION

TIPS & STRATEGIES FOR PERFORMING HR INVESTIGATIONS. Presented by Chrys A. Martin

Improving Officer and Survivor Safety by Ensuring Language Access at Crime Scenes. The National Center for Victims of Crime September 21, 2016

Human Trafficking. Human Trafficking Facts. Texas Numbers. Globally, 600,000 to 800,000 individuals are trafficked each year

INDIAN HEALTH SERVICE CONTRACT SUPPORT COSTS WORKPLAN

Tribal Disputes and Conflict Resolution. BIA Alaska Region Branch of Tribal Operations

OUTLINE OF CRIMINAL COURT PROCESS

COLUMBIA POLICE DEPARTMENT

Lewisham Youth Offending Service

Introduction. 1. In an effort to give native Americans greater control over their own affairs,

Tribal Law and Order Act (TLOA): Long Term Plan to Build and Enhance Tribal Justice Systems

P.L.2014, CHAPTER 127, approved November 9, 2015 Assembly Substitute for Assembly, No. 1678

THE JUSTICE SYSTEM. The Police Service: intervention and enforcement. The Courts: judgement and sanctions

PROCEDURE Prosecution of Rape and Serious Sexual Offences. Number: B 1003 Date Published: 6 April 2016

FY 2014 Omnibus Spending Bill Restores Some Funds to Tribal Programs Bill Rejects Contract Support Costs Caps Proposal

White Earth Reservation Business Committee Public Relations PO Box 418, White Earth, MN 56591

Tribal Justice: Utilizing Indigenous Customs and Beliefs While Navigating Cross-Jurisdictional Issues

APPLICATION FOR EMPLOYMENT

The Canadian Victims Bill of Rights Information for Victim Services

8:17-cr LSC-SMB Doc # 46 Filed: 02/23/18 Page 1 of 10 - Page ID # 81 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

Office ofthe Prosecutor Ordinance #

TITLE 9. EMPLOYMENT AND LABOR ARTICLE I EMPLOYMENT RIGHTS

JEFFERSON COUNTY ATTORNEY S OFFICE Joshua A. Ney, County Attorney

Consulting with Indian Tribes in the Section 106 Review Process (from Advisory Council on Historic Preservation website)

RAMAH NAVAJO PUBLIC SAFETY REPORT

New Beginnings. A Congregational Guide to Restorative Justice through Expungement. Retributive Justice vs. Restorative Justice

THE ALLEN POLICE DEPARTMENT - HIRING PROCESS

Name Last First M.I. Would you be interested in your application packet being forwarded to the TERO Office to be included in a job

HOMICIDE POLICIES AND PROCEDURES STATE ATTORNEY S OFFICE, FOURTH JUDICIAL CIRCUIT, FLORIDA

LEECH LAKE BAND OF OJIBWE JUDICIAL CODE TITLE 12D: SOCIAL HOST ORDINANCE

STATUTORY COMPILATION PRESENCE OF VICTIM ADVOCATE IN SEXUAL ASSAULT EXAM CURRENT AS OF MARCH 2011

LYCOMING COUNTY EMERGENCY OR SPECIAL CUSTODY RELIEF SELF-HELP KIT

Transcription:

Presented by: Robyn Simmons, Victim Specialist

What Will Be Learned? Providing effective victim services in Indian Country, The history of BIA Victim Services, How and when BIA Victim Services responds to victims of crime, Gaps in Services, Values, traditions of tribes, Jurisdiction

Bureau of Indian Affairs, Office of Justice Services Victim Assistance Program In 2008, the BIA/OJS further promoting its mission to protect life, developed a victim centered approach in responding to crimes on Indian lands. The BIA, Victim Assistance Program (VAP) was created to fill a gap in service and ensure crime victims in Indian Country receive access to services when a crime occurs. Federal law enforcement agencies response to the needs of victims were evaluated for priority and placement of Victim Specialists (VS) and once locations were identified, VS were hired to work alongside BIA law enforcement, providing a first response to victims of crime.

Bureau of Indian Affairs, Office of Justice Services The VS were strategically placed utilizing: 1. BIA Jurisdiction 2. Coordination with HPPG sites, Victim Assistance Program 3. Based on critical need (i.e., local victim service response or community resources are not available or limited) VAP national staffing: Associate Director, BIA Office of Justice Services, Washington, DC National Coordinator, Washington, DC SAC/ASAC, BIA District IV Office of Justice Services, Albuquerque, NM 4 Supervisory Program Specialists 10 Victim Specialists located in 5 BIA Districts across 7 states.

When does BIA VS respond? If it is within the jurisdiction of BIA, BIA law enforcement will respond and notify BIA Victim Services. Victim Specialist is notified the victim requests victim services. FBI also investigates crimes if a crime against a child has occurred (child sexual abuse) FBI may be the lead agent in the case. If FBI is lead, their FBI Victim Specialist may be working closely to assist with victim services.

Who is a Victim, Eligible for Services? A Victim is a person, that has suffered direct physical, emotional or financial harm as a result of a commission of a crime. Defined by the commission of a crime applies even before charges are filed Service continues until criminal process has ended or when the case has been dismissed federally. If federal charges are dismissed the Tribe has the authority to tribally charge the suspect in Tribal Court. Local response can assist the victims as well as BIA VS

Sexual Assault Domestic Violence Child Physical Abuse/neglect Elderly Abuse Drug Endangered Children Types of Federal Crimes Any other crime involving victims investigated by BIA Law Enforcement or in conjunction with other law enforcement agencies including FBI, and/or Tribal Law Enforcement.

Local Response If a local response is available, VS will work closely with providers There are limitations to what local service providers receive from law enforcement Benefit to local response is that victims are provided with immediate assistance BIA VS will coordinate with local response based on victims requests Transportation to Federal hearings Order of Protection Case Updates

Types of Services On-scene Assessing and triaging victim needs; Referring victims for assistance with counseling, employment, housing, medical, legal services, and immigration; Accompany Special Agents to interviews to provide support to victims; Coordinate forensic interviews and sexual assault exams; Serve as a liaison between the victim and BIA law enforcement throughout the course of the investigation; Coordinate efforts and work with United States Attorney s Office Victim Witness Coordinators, child/adult protective services, FBI Victim Specialists, and local victim service providers.

High rate of staff turn over, Gaps in Services Funding runs out so the program is no longer there, Tribes often lack the infrastructure to write, maintain, and expand current funding for programs and services. Unless the tribe has other economic enterprises, funding to support tribal development, enhancements or expansion of current progress is dependent on federal funding, Lack of local services, often victims travel over an hour one-way,

Gaps in Services Programs and services developed by local nonprofits may not fully understand why or how to develop culturally sensitive programs, Shelters are away from the tribe, Due to shelter rules some victims can not take their child/ren if over a certain age and if a male, Shelter staff is not culturally sensitive. Victims may recant.

Gaps in Services Victims are not always notified about tribal court hearings or notified that the suspect has been released from tribal custody. Family/cultural relations become a factor, Family meetings, Position of suspect within the community. Fear of retaliation, Lack of local services, often victims travel over an hour one-way,

Gaps in Services Victims are not always notified about tribal court hearings or informed regarding whether or not the suspect is released from tribal custody, Victims safety at all times, Court room Transportation Law enforcement interviews Medical appointments Victims are not always notified about federal case declinations.

Best Practice Remember you only get one chance to connect with the victim, Take the time to meet the victim and his/her identified support team, Remind the victim it is not their fault, as there is a lot of guilt and shame that is experienced, Keep the victim informed,

Best Practice Include the victim if a plea agreement is being considered, (tribal, state and federal), Keep the language simple, if a victim does not understand often they won t ask for further explanation from the Prosecutor, See the person as an individual not a John or Jane Doe, and; Listen to the person.

Values/Traditions of Tribes 567 Federally recognized tribes in the United States, Sovereign nations Own tribal government, Tribal laws, Customs, language and traditions,

Values/Traditions of Tribes Community cultural practices vary and determine what is/is not acceptable, Despite modern social ills, the value of children and elders continues to be important, Tribes see the youth as hope for the future.

Working with Tribal Communities Victim Specialists work hand-in-hand with the criminal justice response team once it has been determined that a crime has been committed. Be flexible when working in tribal communities and incorporate local customs and traditions into the service response. Commitment to Tribal Sovereignty from BIA in developing a culturally competent response that meets the needs of each tribal community.

Video BIA Victim Services

Questions

Contacts Robyn Simmons BIA Victim Specialist Mescalero, NM 575 464-4451 ext 30 Robyn.simmons@bia.gov