Colorado Passes No Bail Legislation for Stalking and DV Offenders

DENVER — As of August 2017 domestic violence offenders will no longer be granted bail after conviction. House Bill 17-1150, “No Bail For Stalking and Domestic Violence Offenders,” protects victims from further abuse by some of the most dangerous offenders.

The bill was signed just a year after the fatal Colorado domestic violence case of Janice Nam.

Coverage by the Denver Post states that on the night of May 30th, 2016, Glen Galloway violated Nam’s restraining order by breaking into her Colorado Springs home as she slept. He proceeded to shoot her twice in the head.

Prior to her murder, Galloway failed to appear in court for a stalking conviction Nam had filed against him. Earlier articles from the Denver Post show that Nam had filed “multiple protection orders related to domestic violence cases in 2014.” The case lead Colorado legislators to question the effectiveness restraining orders have of protecting victims against domestic violence.

Lydia Waligorski, policy director for Colorado Coalition Against Domestic Violence, said in an interview with the Post that stalkers “are the folks that don’t take ‘no’ for an answer. They are typically not the people who are respecting protection orders.”

Cases like Nam’s are not uncommon. A study conducted by the Journal of the American Academy of Psychiatry and the Law titled “Do Protection Orders Protect,” cross-examined the rate of protection order effectiveness of every state in the nation. Their findings showed that for every 100,000 adults, 880 have filed protection orders. Between 84 and 92 percent of these orders are implemented for domestic violence offenses alone. However, almost a fifth of all protection orders go unenforced. Supporters of the new House Bill hope it will eliminate the possibility of further abuse victims often experience once their abuser is set free on bail.

Along with Colorado, 20 other states and DC have implemented immediate arrest laws for domestic violence calls. These laws allow police officers to detain the primary offender without a warrant at the scene of the incident. These laws, along with the denial of bail to offenders, has given new hope to many victims in Colorado.

In an interview with Fox 21 News, Colorado State Representative Clarice Navarro, a main proponent of the new bill, is optimistic for its potential to help victims in the very worst situations.

“This new law will be a sigh of relief to many victims who after enduring the stress of a criminal trial, won’t have to fear retaliation from their attacker,” said Navarro. “I am grateful to all the stakeholders and legislators who participated in this process and hope this new law empowers more victims of stalking and domestic violence to report the abuse they have suffered.”

The new law will take effect August 9.

More than Half Of Colorado Offenders Did Not Complete Mandated Treatment

coloradoA team of academics recommended changes to Colorado’s domestic violence offender treatment programs after a study found that more than half of the state’s domestic violence offenders at significant risk of re-offending failed to complete their assigned treatment. The findings were the result of a yearlong study of more than 3,000 domestic violence cases in Colorado.

The recommendations, outlined in a 20-page report released in February, include more cautious reassessment of offenders over the course of treatment; continued research on the effectiveness of batterer treatment models; standardized tools to demonstrate treatment milestones and success; and development of best practices with co-occurring disorders. The research was done by Tara N. Richards, assistant professor in the University of Baltimore’s School of Criminal Justice in the College of Public Affairs; and Angela Gover, professor in the School of Public Affairs at the University of Colorado Denver. They spent a year evaluating how organizations were implementing the Domestic Violence Offender Management Board’s state Standards policy on responding to domestic violence.

Press releases summarize the policy as including the use of multidisciplinary treatment teams consisting of a probation officer, treatment provider, and victim treatment advocate to supervise domestic violence offenders, and the assigning of offenders to differentiated treatment intensity levels based on their criminogenic risks and needs.  The report notes that Colorado has mandated court-ordered treatment for domestic violence offenders since 1987. Although most states have such policies, “Little is known about the extent to which these standards are implemented as intended and if so, whether they are effective in reducing recidivism,” the report says.  In addition to increased safety for the victim and the community, treating offenders “provides the offender with the opportunity for personal change by challenging destructive core beliefs and teaching positive cognitive-behavioral skills,” according to the report.

Researchers found that almost half of the domestic violence offenders in the study were placed in high-intensity treatment (rather than low or moderate intensity) because of “significant criminogenic risks and needs, such as prior domestic violence or non-domestic violence crimes, substance abuse, or the use or threatened use of weapons against their victims.”

Richards and Gover will continue to work with domestic violence treatment providers in Colorado to improve ways to engage offenders in treatment, the universities reported.