03 Staff Report - Reducing Language Barriers in Domestic Violence CallsMEETING DATE: 11-6-2006
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DATE:
TO:
FROM:
SUBJECT
COUNCIL AGENDA REPORT
NOVEMBER 2, 2006
MAYOR AND TOWN COUNCIL
1`
ORRY P. KORB, TOWN ATTORNEY
AGENDA ITEM:
APPROVE RESPONSE TO SANTA CLARA COUNTY CIVIL GRAND JURY
REPORT - REDUCING LANGUAGE BARRIERS IN DOMESTIC VIOLENCE
CALLS
RECOMMENDATION:
Approve response to Santa Clara County Civil Grand Jury Report - Reducing Language Barriers
in Domestic Violence Calls.
BACKGROUND:
The Santa Clara County Civil Grand Jury investigated the policies, procedures and practices of
law enforcement agencies to determine whether a language barrier exists and how it might effect
the response of police officers to domestic violence-related calls. In general, the Grand Jury
found a lack of consistency among police agencies in the use of interpretation services,
compliance with the Countywide Domestic Violence Protocol and collaboration with
community-based organizations. The Grand Jury also determined that agencies should distribute
Domestic Violence Resource Cards to persons other than victims.
DISCUSSION:
The Civil Grand Jury is empowered to investigate the policies and practices of public agencies
within the County of Santa Clara and to make recommendations for changing current or adopting
new procedures. California Penal Code section 933(c) requires that the governing body of the
entity subject to a grand jury report respond within 90 days to the findings and recommendations
contained in the report. The response must either agree or disagree in whole or in part with the
findings and state the reasons for any disagreement, and further state whether the
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
OPK:LMB/wp [N:\ATY\Report GJ Domestic violence Language Barriers.wpd]
Reviewed bey: (Town Manager ' Assistant Town Manager Clerk
Finance Community Development
Rev: 11/3/06 9:26 am
Reformatted: 7/19/99 File# 301-05
PAGE 2
MAYOR AND TOWN COUNCIL
APPROVE RESPONSE TO SANTA CLARA COUNTY
CIVIL GRAND JURY REPORT
November 2, 2006
recommendations have or will be implemented and the plan for doing so, an explanation of the
reasons for not doing so, or whether the recommendation requires further study and how that
study will be conducted in a frame of time not to exceed six months.
The Grand Jury Report - Reducing Language Barriers in Domestic Violence Calls, contains six
factual findings and recommendations. For a number of years, the Police Department has
implemented all of the policies and procedures recommended in the Report, with the exception
of the last recommendation concerning wider distribution of Domestic Violence Resource Cards.
That recommendation is vague as to whom other than victims should be given the Card.
Accordingly, the response says that the Police Department will study the recommendation in
concert with other police agencies.
Attachments:
1. Grand Jury Report - Reducing Language Barriers in Domestic Violence Calls
2. Proposed response
File# 301-05
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June 6, 2006
Debra J. Figone
Town Manager
Town of Los Gatos
110 East Main Street
P.O. Box 949
Los Gatos, CA 95031
Dear Ms. Figone:
The 2005-2006 Santa Clara County Civil Grand Jury is pleased to send you its
Final Report, Reducing Language Barriers in Domestic Violence Calls, Filed with
the Santa Clara County Superior Court Clerk on June 6, 2006. This is being sent to you
as a courtesy. No further response is required.
Sincerely,
THOMAS C. RINDF EISOH
Foreperson
2005-2006 Civil Grad ury
TCR:dsa
Enclosure
Attachment 1
`KJOR COLM BUu_r,~;ti. t9! NORTH FIRST S7acr:, SAN Jose, CACIFUH.tiIA 95113 - (408) 882.2721 - F A\ 882-2795
2005-2006 SANTA CLARA COUNTY
CIVIL GRAND JURY REPORT
(ENDOR3Ed)
F I L E D
JUN 0' 6 2006
KIRI TORRI;
chief Exeoutive offer
Superior Co ty of Santa Clara
BY W DEPUTY
REDUCING LANGUAGE BARRIERS IN
DOMESTIC VIOLENCE CALLS
Summary
According to U.S. Census Bureau data from the 2000 census, 19.5% of the
population over 5 years old in Santa Clara County (County) do not communicate in
English very well. The 2005-2006 Santa Clara County Civil Grand Jury (Grand Jury)
investigated the policies, procedures and practices of how law enforcement agencies
(Agencies) handle a domestic-violence-related call when there is a language barrier.
The findings and recommendations of this inquiry include:
Some officers ask children, friends, or neighbors to interpret on behalf of
limited English speaking victims. Officers should not use alleged perpetrators
to interpret, except in exigent circumstances. Preference should be given to
using a certified interpreter.
2. Not all Agencies are utilizing an Over-the-Phone Interpretation (OPI) service.
Agencies should train and encourage officers to use an OPI service when
other interpretation resources are not readily available.
3. There is inconsistency among agencies in terms of training to keep officers
up-to-date with Domestic Violence Protocol (Protocol) changes as developed
by the Domestic Violence Council (DVC). One Agency relies on voluntary use
of an internal website to allow officers to stay current on the Protocol. All
Agencies should implement formal training to ensure that officers participate
in a structured presentation of up-to-date information and require a
certification that each officer has completed and comprehended the material.
4. Some Agencies do not collaborate with community-based organizations that
provide domestic violence services and programs. Agencies should develop
training _ programs in collaboration with community-based organizations
(Organizations) to educate personnel about cultural, religious, economic, and
immigration-related issues.
5. Officers provide the Domestic Violence Resource Card (Card) tc
during domestic-violence-related calls, but most often not to other
parties. Agencies should require the officers to provide the Ca
principal parties, as appropriate.
1
victims
aff ected
d to all
6. One Agency does not facilitate community-based organization follow-up
contact with domestic violence victims. Agencies should establish working
relationships with appropriate Organizations to review police reports in order
to facilitate Organization follow-up contact with victims for support and
services.
Background
Domestic violence, frequently involving criminal behaviors, affects victims, family,
and community. For example, Asian Americans for Community Involvement (AACI)
defines domestic violence as an "abusive or violent behavior that occurs between
partners in a marriage or intimate relationship. The violence is often in the form of
physical injury but may include sexual assault, threats, verbal abuse, emotional
mistreatment, and/or destruction of property." Though victims are primarily women and
children, men have been victimized as well. Domestic violence may continue after a
relationship ends and can take place at home, in the workplace, or in other public
settings.
LIMITED ENGLISH SPEAKING PERSONS
Victims of domestic violence react to abuse differently depending on
circumstances. The reactions are compounded for immigrants and limited English
speakers, who are not accustomed to American law and culture. According to U.S.
Census Bureau Statistics, the 2000 population of the County was over 1.7 million. The
total foreign-born population in the County was 573,000, of whom 57% were from Asian
countries and 29% from Latin America. Between 1990 and 2000, the County's foreign-
born population grew by 265,000.
When an Agency receives an emergency domestic-violence-related call, the
responding officers may be faced with parties who are limited English speakers. The
U.S. Census Bureau reported that of the languages spoken at home in the County for
populations over 5 years old, 55% spoke only English and 45% spoke a language other
than English. Of the population who spoke another language, 43% of them spoke an
Asian or Pacific Islander language and 53% of those did not speak English well.
Likewise, 39% of the population spoke Spanish, and 52% of those did not speak
English well. Officers need to be aware of languages and cultures which create barriers
in communicating with the alleged victims and/or perpetrators in suspected domestic
violence situations.
Officers are the first responders to domestic-violence-related calls. Their attitudes
and actions toward those involved are crucial for identifying alleged perpetrators,
making arrests, assisting victims, and avoiding inappropriate dual arrests. Officers must
proceed cautiously to determine the nature of the dispute, the level of aggression, and
the number of people involved. When persons are arrested, they may plead guilty
because they desire to quickly return home to their families without understanding the
ramifications of a guilty plea. Under Penal Code § 13701 and the Protocol, arrest of the
dominant aggressor in a domestic violence situation is strongly encouraged, assuming
probable cause exists. Arrest is mandatory if violation of a prior restraining order is
involved. It is essential that the officers allow all parties to communicate with proper
translation concerning the incident.
Because of language barriers and different cultures, limited English speakers
and/or immigrant victims might hesitate to call the police. According to the National
Advisory Council on Violence Against Women:
"Due to isolation or language barriers, abusers may be the victims' only
source of information about law enforcement or the criminal justice
system. Abusers may tell victims that police will not believe them if they
summon the police for help. Battered immigrants often fear that their
abusers will carry out threats to have them deported, kidnap their
children, or harm family members if they seek help."
COMMUNITY AND COUNTY ORGANIZATIONS
Due to changing laws, attitudes and understanding about domestic violence,
community-based and County Organizations involved in domestic violence issues
continuously address the need to improve intervention for victims and strengthen
punishment for perpetrators.
The DVC was commissioned by the County Board of Supervisors in 1991 and
has 34 members, divided into 12 subcommittees- The commission developed a Protocol
for handling domestic violence cases in 1993, at the request of the County Police
Chiefs' Association. Members of this Association represent all of the city police
departments in the County, the California Highway Patrol, the San Jose State University
Police Department, the District Attomey's Office, and the Sheriffs Office. The Protocol
is updated annually by the DVC.
There are five domestic violence Organizations in the County. These
Organizations provide many programs and services to victims and a few to abusers.
Next Door Solutions to Domestic Violence mainly serves the San Jose area by
providing a 24-hour hotline, community outreach, emergency shelter, and long-term
housing. AACI provides similar services and recognizes that language translation and
cultural awareness need to be incorporated into domestic violence services and
programs for immigrants and/or limited English speakers. Community Solutions,
Support Network for Battered Women, and Maitri are three other Organizations in the
County that provide support to those exposed to domestic violence. These
Organizations created the Domestic Violence Advocacy Consortium (DVAC). The
purpose of this Consortium is to share resources, write grant applications, and
coordinate efforts.
..W 4
Discussion
The Grand Jury conducted an inquiry to determine what Agency policies,
procedures, and practices are used during domestic-violence-related calls and how
Agency practices are aligned with procedures specified in the Protocol. The Grand Jury
interviewed the Director of DVAC, a representative from the District Attorney's Office,
members of DVC, and executives from two domestic violence Organizations.
During the interviews, concerns were expressed that some officers fail to
understand the impact of abuse on victims and families during domestic-violence-
related calls. Failure to use appropriate language interpreter services, as described in
the Protocol, is a further concern.
The Grand Jury conducted an 18-question survey of 15 Agencies in the County
(see Appendix A):
1. Campbell Police Department
2. Foothill/DeAnza Community College District
3. Gilroy Police Department
4. Los Altos Police Department
5. Los Gatos/Monte Sereno Police Department
6. Milpitas Police Department
7. Morgan Hill Police Department
8. Mountain View Police Department
9. Palo Alto Police Department
10. San Jose/Evergreen Community College District
11. San Jose Police Department
12. Santa Clara County Sheriffs Office
13. Santa Clara Police Department
14. Sunnyvale Police Department
15. West Valley/Mission Community College District
Jurisdictions that contract with the Sheriffs Office for law enforcement services
were not included in the survey. The questionnaire posed questions to reporting
Agencies pertaining to policies, procedures, and practices used when responding to
domestic-violence-related calls and dealing with limited English speakers.
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Figure 1 (a): Domestic-violence-related calls received by law enforcement agencies
by jurisdiction in 2005.
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Figure 1 (b): Per capita rate of domestic-violence-related calls received by
jurisdiction in 2005.
5
In 2005, the 15 reporting Agencies received over 5,600 domestic-violence-
related calls. Some of these 9-1-1 calls might include other violent offenses as well. The
District Attorney's Office opened 4,007 domestic violence cases the same year. Of
these, 3,477 were misdemeanors and 530 were felonies.
Survey results indicate 12 foreign languages spoken during domestic-violence-
related calls in 2005 (question #4). The number of Agencies reporting incidents
involving various foreign languages during domestic-violence-related calls is shown in
Figure 2.
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Figure 2: Foreign languages spoken in law enforcement agency jurisdictions during
domestic-violence-related calls in 2005.
LANGUAGE INTERPRETATION METHODS
When asked what procedures the officers follow to communicate with limited
English speakers during domestic-violence-related calls (question #5), most Agencies
will first use a bilingual officer or staff member to translate. If one is not available, some
Agencies use an officer in a neighboring Agency, who speaks the language, to interpret.
A third approach is to use an OPI service such as Language Line Services (formerly
AT&T Language Line Services) or NetworkOmni. According to the survey, two Agencies
do not utilize an OP1 service.
Seven Agencies indicated that as a "last resort," for expediency and practicality,
officers use family members, friends, and neighbors to interpret, but not as a general
practice (question #6). Many Agencies do not use any family members or neighbors
because of possible bias. One Agency will use citizens who are not victims or suspects.
One community college district will use bilingual citizens who are on campus to
interpret. The Protocol recommends that officers not use family members for
interpretation except in exigent circumstances.
Certified and Other Interpreters
All Agencies except the community college districts have certified interpreters on
staff (question #7). Some of the Agencies listed certified interpreters for the following
languages: Arabic, Burnei Cantonese, Hindi, Korean, Russian, Mandarin, Spanish,
Tagalog, and Vietnamese. Certified interpreters are often not available during all shifts
(question #7c). However, one Agency has interpreters on call.
Community-based organizations serving domestic violence victims have foreign
language speakers. Next Door Solutions to Domestic Violence has personnel who
speak Spanish, Mandarin, Tagalog, Vietnamese, Korean, and Hindi. A variety of Asian
languages are spoken by staff members at AACI. One Agency uses the Asian Women's
Hotline.
Over-the-Phone Interpretation (OPI) Service
When asked if the officers are ever required to use contracted language
interpretation services (question #8), all but four Agencies responded "yes." Though
many Agencies utilize an OPI service, many indicated that officers have operational
concerns (question #9). Some reported that the phone line may not ensure privacy.
Other issues may include the lack of availability of the phones in the house, the
cumbersomeness of the process, and the inability to record the conversation. One
Agency reported that interpreters may not be familiar with the law and do not perceive
other cues related to abuse, such as eye contact, facial expressions, and body
language. Some Agencies indicated that the service functions well, but not as well as
person-to-person interpretation.
According to Language Line Services, the company provides 24-hour service
and assistance in language identification.
TRAINING
The immigrant and limited English speaking population in the County continues
to grow and change demographically. Some Agencies do not collaborate with
community-based organizations that provide domestic violence services and programs
relevant to this population. Continuous training is needed for law enforcement personnel
regarding the victims, perpetuators, and community affected by domestic violence.
According to the Peace Officer Standards & Training (POST), effective
January 1, 1999, Penal Code § 13519(c)(5) was added to require that officers be
trained to recognize signs of domestic violence. Penal Code § 13519 also establishes
training requirements for law enforcement officers about domestic violence issues every
two years.
The survey asked the Agencies to indicate how often officers and law
enforcement staff are required to attend domestic violence training (question #11).
Fourteen Agencies indicated training at least every two years, including one Agency
that indicated training every year. One Agency stated training was not regularly
scheduled.
When asked about domestic violence training for the officers (questions #12 and
12b), all Agencies have some type of training at the academy for new hires and current
personnel. In 2005, the topics included legal issues and the Domestic Violence
Protocol.
The Protocol is updated every year and all police chiefs and the Sheriff commit to
implementing it. When asked if Agencies provide yearly training on the Protocol
(question #13), two Agencies indicated that training is not provided. One wrote that
.some of the changes are minor and every officer has access to the Protocol on the
[Agency] Intranet." Another Agency provides annual instruction on domestic violence
response and investigation for their officers.
Some assert that combinations of training and other information resources are
needed for officers. In supporting this assertion, the National Advisory Council on
Violence Against Women recommends that law enforcement personnel respond to
immigrants and limited English speaking victims of sexual assault, stalking, and
domestic violence in a culturally and linguistically sensitive manner.
DOMESTIC VIOLENCE ADVOCATES
The DVC provides a Domestic Violence Resource Card for officers to carry and
hand out during a domestic-violence-related call (question #15). All Agencies offer the
Card to victims. Most Agencies do not provide the Card to other affected parties.
One survey question asked if officers provided all parties, during a domestic-
violence-related call, the opportunity to have a domestic violence advocate call them
(question #14). One Agency indicated that "each victim is provided information on the
availability of DV [domestic violence] advocates and other support resources." Another
Agency verbally explains the content on the Card to the victims. Another Agency
reported that, "At the scene, the victim is advised of the rights to have an advocate at all
subsequent interviews."
The Grand Jury wanted to learn to which Organizations the Agencies send police
reports during domestic violence investigations (question #16). All but one Agency
provide police reports to at least one Organization. That Agency reported, "The reports
are not sent to any community-based [organization] agency because of the privacy and
confidentiality issues related to DV investigations. The reports used to be available to an
advocate from the Victim/Witness Assistance Center in SJ [San Jose], but the advocate
position was eliminated on Feb. 1, 2005." Two other Agencies indicated they send
reports to the Victim/Witness Assistance Center.
8
According to two law enforcement academy trainers, victims have the right to
confidentiality and should be so advised. Agencies do release names of victims to
support organizations. If, during the first contact, the victim requests that the
Organization not re-contact them, further calls will not be made. Organizations sign an
agreement with law enforcement Agencies that they will adhere to these privacy
conditions. All Agencies provide police reports concerning children to Child Protective
Services (question #17).
Conclusion
From the survey, the Grand Jury found that the 15 reporting law enforcement
Agencies received over 5,600 domestic-violence-related calls in 2005. Because
domestic violence frequently involves criminal behaviors which affect all types of
people, the policies, procedures, and practices of officers handling these calls must
align with the Domestic Violence Protocol. Additional consideration must include
collaboration with community-based and government organizations involved with
persons in domestic violence incidents, immigrants, and limited English speakers.
Interpretation services are needed, as well as continuous training, to understand and
recognize the cultural differences in communities throughout the County.
Speck findings and recommendations include:
Finding 1
Some officers ask children, friends, or neighbors to interpret on behalf of a limited
English speaking person, which is not supported in the Domestic Violence Protocol.
Recommendation 1
Officers should use discretion with non-certified sources of interpretation, such as
family members, children, or neighbors. Officers should not use alleged perpetrators to
interpret, except in exigent circumstances. Preference should be given to using a
certified interpreter, who may be available within the responding Agency or from a
neighboring Agency and/or an Over-the-Phone Interpretation service.
Finding 2
Three Agencies surveyed do not utilize an OPI service, whereas other Agencies
successfully use an OPI service, such as Language Line Services or NetworkOmni as
an option for language interpreters.
9
Recommendation 2
Law enforcement Agencies serving diverse communities with limited English
speakers should implement a policy to train and encourage officers to use an OPI
service when other interpretation resources are not readily available.
Finding 3
There is inconsistency among agencies in terms of training to keep officers up-to-
date with Domestic Violence Protocol changes as developed by the Domestic Violence
Council. One Agency relies on voluntary use of an internal website to allow officers to
stay current on the Protocol.
Recommendation 3
All Agencies should implement formal training to ensure that officers participate
in structured presentations of up-to-date information and require a certification that each
officer has completed and comprehended the material.
Finding 4
The immigrant and limited English speaking population in the County continues
to grow and change. Some Agencies do not collaborate with community-based
organizations that provide domestic violence services and programs relevant to this
population.
Recommendation 4
Agencies should develop training programs in collaboration with community-
based organizations to educate all personnel about cultural, religious, economic, and
immigration-related issues that may affect victims' decisions and reactions to domestic
violence and community services. Conducting outreach programs with immigrant
communities helps to connect these communities with the police and inform them about
the law.
Finding 5
Officers provide the Domestic Violence Resource Card to victims during
domestic-violence-related calls, but most often not to other affected parties.
10
Recommendation 5
Agencies should require officers to provide the Card to all parties involved, as
appropriate.
Finding 6
One Agency does not have an agreement with any domestic violence
community-based organization to review police reports in order to facilitate Organization
follow-up contact with victims for support and services.
Recommendation 6
All Agencies should establish working relationships with appropriate community-
based organizations.
PASSED and ADOPTED by the Santa Clara County Civil Grand Jury on this 22nd day of
May, 2005. t
Thomas C.
Foreperson
11
References
Documents
1. 2000 U.S. Census Bureau Statistics, Santa Clara County, California,
http://www.-qcir.o[g/about immigration/us counties.htm, (last visited May 1, 2006).
2. Police Chief s Association of Santa Clara County, Domestic Violence Protocol for
Law Enforcement 2006.
3. Language Line Services (2004), Commonly Asked Interpretation Questions and
Answers, http://www.languageline.com/pdf/QnA Interpretation 062204.pdf, (last
visited May 3, 2006).
4. California Alliance Against Domestic Violence, Linking Communities: A
Multicultural & Diversity Resource Guide 2003-2004,
http://www.caadv.or_g//docsAinking.pdf, (last visited April 30, 2006).
5. National Advisory Council on Violence Against Women (2001), Additional Justice
System Responses, Chapter 5 in Toolkit to End Violence Against Women,
http://toolkit.ncirs.org/filestfullchapter5.pdf, (last visited April 18, 2006).
6. Peace Officer Standards and Training (POST), Domestic Violence Learning
Domain 25, South Bay Regional Public Safety Training Academy Training
Presentation.
7. Santa Clara County Domestic Violence Council, Death Review Committee Final
Report, January 1 - December 31, 2005.
Interviews
1. August 17, 2005, Supervising Deputy District Attorney, Office of the District
Attorney, County of Santa Clara.
2_ October 5, 2005, Director, Next Door Solutions to Domestic Violence, San Jose.
3. November 15, 2005, President/CEO, Domestic Violence Program Manager, and
Director, Asian Americans for Community Involvement, San Jose.
4. January 12, 2006, Project Director, Santa Clara County Domestic Violence
Advocacy Consortium, San Jose.
5. May 1, 2006, Trainers, South Bay Regional Public Safety Training Consortium.
12
Meetings Attended
1. January 10, 2006, Santa Clara County Domestic Violence Council, Police-Victim
Relations Committee Meeting.
2. February 3, 2006, Santa Clara County Domestic Violence Council monthly
meeting.
3. February 3, 2006, Representative of the Los Gatos/Monte Sereno Police
Department.
13
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u
Appendix A
2005-2006 Santa Clara County Civil Grand Jury
Domestic Violence Questionnaire
1. How many law enforcement officers do you have in your department?
2. How many domestic violence related calls did your department receive in 2005?
3. How many of these calls during 2005 had significant language barriers between
the officer and parties involved?
4. Which foreign languages were primarily spoken by parties during domestic
violence related calls in 2005?
5. What procedures do the patrol officers follow during a domestic violence call to
communicate with limited English speakers?
6. Do officers use family members, friends, or neighbors, to interpret? Why?
7. Do you have certified interpreters within your department?
(if YES, answer questions 7a to 7c. If NO, go to question 8)
7a. What languages do the certified interpreters speak?
7b. How many times were certified interpreters used in 2005?
7c. Are the certified interpreters available 2417? If not, when?
8. Does the department use an outside agency for language interpretation during
domestic violence related calls? If so, what agency? If not, why not?
9. Are the officers ever required to use the outside language interpretation agency?
If so, under what conditions is that required?
10. How well would you say outside language interpretation agencies function in your
experience? What issues do the officers have when required to use an outside
agency for language interpretation?
11. How often are the officers and law enforcement staff required to attend domestic
violence training?
12. What type of domestic violence training is offered to your officers?
12a. Who conducts the training?
12b. What topics were covered during training in 2005?
14
Appendix A - Continued
13. Are the patrol officers trained yearly on the changes in the Domestic Violence
Council protocol? If not, why not?
14. Do the officers ask all parties during a domestic violence related call if they want
a domestic violence advocate to call them?
15. Do the officers carry and hand out the Domestic Violence Resource Card to each
party?
16. During a domestic violence investigation, to which domestic violence community-
based agency does your department send police reports? If not, why not?
17. Are domestic violence police reports concerning children sent to Children
Protective Services? If not, why not?
18. Does your department coordinate a Domestic Violence Response Team (such as
officers, social workers, and advocates) with other agencies? If so, with which
agencies?
15
N-M
~2005-2006 SANTA CLARA COUNTY
CIVIL GRAND JURY REPORT
ERRATUM
(ENDORSED)
F I L E
D
JUN 0 s 2006
KIRI TORRE
Chief Executive Officer
Superlor Court of CA County of Santa Clara
BY n AR nYCKI
DEPUTY
Reducing Language Barriers in Domestic Violence Calls
After publication of the 2005-2006 Santa Clara County Civil Grand Jury Report,
Reducing Language Barriers in Domestic Violence Calls, several small errors were
discovered in the data used to create Figures 1a and 1b. These errors do not change
the qualitative nature of the information presented in the figures or the conclusions that
are to be drawn from them. Nevertheless, in the interest of complete accuracy, the
Grand Jury is issuing the attached amended versions of these figures with these data
errors corrected.
Y
JUN 1 2 2006
-=..YOR STTow NC TINC,T
T
K
N
16
Erratum - Page 1 of 2
T"OwN OF LOS ATOs
CIVIC CENTER
OFFICE OF THE TOWN ATTORNEY 110 E. MAIN STREET
P.O. Box 949
(408) 354-6880 Los GATOS, CA 95031
November 7, 2006
Honorable Alden E. Danner
Presiding Judge
Santa Clara County Superior Court
191 North First Street
San Jose, CA 951113
RE: CIVIL GRAND JURY
Reducing Language Barriers in Domestic Violence Calls
Our File: 701-08
Dear Judge Danner:
On November 6, 2006, the Los Gatos Town Council approved the following response of the Town
of Los Gatos to the 2005-2006 Santa Clara County Grand Jury Final Report - Reducing Language
Barriers in Domestic Violence Calls.
Finding 1:
Some officers ask children, friends, or neighbors to interpret on behalf of a limited English
speaking person, which is not supported by the Domestic Violence Protocol.
Response:
Agree
Recommendation 1:
Officers should use discretion with non-certified sources of interpretation, such as family members,
children, or neighbors. Officers should not use alleged perpetrators to interpret, except in exigent
circumstances. Preference should be given to using a certified interpreter, who may be available
within the responding Agency or from a neighboring Agency and/or an Over-the-Phone
Interpretation service.
Response:
The recommendation has been implemented. According to the Santa Clara County Domestic
Violence Protocol for Law Enforcement, which has been adopted by the Los Gatos/Monte Sereno
Police Department, if the victim speaks a language other than English, "officers are also advised to
call for another officer conversant in that language or arrange for other professional translation
services."
Attachment 2
INCORPORATED AUGUST 10, 1887
PAGE 2
HONORABLE ALDEN E. DANNER
CIVIL GRAND JURY REPORT
NOVEMBER 7, 2006
Finding 2:
Three Agencies surveyed do not utilize an OPI service, whereas other Agencies successfully use an
OPI service, such as Language Line Services or Network Omni as an option for language
interpreters.
Response:
Agree, to the extent the report refers to agencies other then the Los Gatos/Monte Sereno Police
Department (see response to recommendation 2).
Recommendation 2:
Law enforcement Agencies serving diverse communities with limited English speakers should
implement a policy to train and encourage officers to use an OPI service when other interpretation
resources are not readily available.
Response:
The recommendation was previously implemented. The Los Gatos/Monte Sereno Police
Department has utilized Network Omni for its translation service for over two (2) years. Prior to
that, AT&T Language Line was used, but fell short of expectations. All Department officers and
dispatchers are trained on this service through roll call training and memorandum.
Finding 3:
There is inconsistency among agencies in terms of training to keep officers up-to-date with
Domestic Violence Protocol changes as developed by the Domestic Violence Council. One
Agency relies on voluntary use of an internal website to allow officers to stay current on the
Protocol.
Response:
Agree, to the extent the report refers to Agencies other then the Los Gatos/Monte Sereno Police
Department (see response to recommendation 3).
Recommendation 3:
All Agencies should implement formal training to ensure that officers participate in structured
presentations of up-to-date information and require a certification that each officer has completed
and comprehended the material.
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HONORABLE ALDEN E. DANNER
CIVIL GRAND JURY REPORT
NOVEMBER 7, 2006
Response:
The recommendation was previously implemented. The Los Gatos/Monte Sereno Police
Department trains annually on the changes to the Law Enforcement Protocol lead by the
Operations Captain. This is accomplished through roll call training and/or advanced officer
training sessions. The Protocol is also provided to every Sergeant and Captain and is available on
police officer mobile data computers.
Findinr 4:
The immigrant and limited English speaking population in the County continues to grow and
change. Some Agencies do not collaborate with community-based organizations that provide
domestic violence services and programs relevant to this population.
Response:
Agree, to the extent the report refers to Agencies other then the Los Gatos/Monte Sereno Police
Department (see response to recommendation 4).
Recommendation 4:
Agencies should develop training programs in collaboration with community-based organizations
to educate all personnel about cultural, religious, economic, and immigration-related issues that
may affect victims' decisions and reactions to domestic violence and community services.
Conducting outreach programs with immigrant communities helps to connect these communities
with the police and inform them about the law.
Response:
The recommendation was previously implemented. The Los Gatos/Monte Sereno Police
Department contracts with Next Door Solutions to Domestic Violence for review of domestic
violence reports and also roll call training on various aspects of Domestic Violence, including
cultural, religious, economic, and immigration related issues.
Finding 5:
Officers provide the Domestic Violence Resource Card to victims during domestic-violence-related
calls, but most often not to other affected parties.
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HONORABLE ALDEN E. DANNER
CIVIL GRAND JURY REPORT
NOVEMBER 7, 2006
Response:
Agree.
Recommendation 5:
Agencies should require officers to provide the Card to all parties involved, as appropriate.
Response:
This recommendation would need further analysis before implementation. The report is unclear as
to who in addition to the victim should be given the Domestic Violence Resource Card. The Law
Enforcement Domestic Violence Protocol is almost always revised and approved in February or
March each year. The Los Gatos/Monte Sereno Police Department Operations Captain is the Chair
of the County Domestic Violence Council and Co-Chair of the Domestic Violence Protocol
Revision Committee. She will present this recommendation for consideration by the Committee
during revision meetings in December 2006 and January 2007, and ultimately to the Santa Clara
County Police Chiefs.
Finding 6:
One agency does not have an agreement with any domestic violence community-based
organization to review police reports in order to facilitate Organization follow-up contact with
victims for support and services.
Response:
Agree, to the extent the report refers to an agency other then the Los Gatos/Monte Sereno Police
Department (see response to recommendation 6).
Recommendation 6:
All Agencies should establish working relationships with appropriate community-based
organizations.
Response:
The recommendation was previously implemented. The Los Gatos/Monte Sereno Police
Department has for several years contracted with Next Door Solutions to Domestic Violence for
this service.
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HONORABLE ALDEN E. DANNER
CIVIL GRAND JURY REPORT
NOVEMBER 7, 2006
Very truly yours,
Orry P. Korb
Town Attorney
OPK/wp
cc: Mayor and Town Council
Debra Figone, Town Manager
Scott Seaman, Chief of Police
Kirsten Powell, Monte Sereno City Attorney