03-201-15 Me. Code R. § 5

Current through 2024-46, November 13, 2024

Section 201-15-5 - Administrative Standards

5.1DVIProgram Intake Process

A. The DVIProgram shall schedule an intake into the DVIProgram within two weeks from the time the domestic abuse offender contacts the DVIProgram, absent good cause for a later intake.

B. At the intake, the domestic abuse offender shall be required to enter into a written agreement with the DVIProgram, which must include the following:

1. the responsibilities of the domestic abuse offender;

2. the responsibilities of the DVIProgram;

3. an agreement to stop all forms of abuse;

4. the minimum length of the DVIProgram;

5. signed information sharing agreements and/or appropriate releases that acknowledge the limitations of participant confidentiality;

6. the fee structure and the fee due from the offender, if any;

7. the criteria for discharge;

8. a copy of the complaint procedure;

9. the readmission criteria; and

10. the program format.

C. During intake, the DVIProgram must obtain the following information from the domestic abuse offender, unless already provided by the referral source:

1. full legal name of the domestic abuse offender;

2. current physical address;

3. current mailing address (if different from physical address);

4. current home telephone number, cell phone number, or telephone number of contact if the domestic abuse offender does not have a telephone;

5. date of birth;

6. name of employer and current work address and telephone number of employer;

7. victim name(s) and all known contact information; (Note: if the offender has been ordered by a criminal court to attend a certified DVIProgram and the police incident report and victim contact information have not been provided by the prosecuting attorney within 7 days of the issuance of the court order as required by 19-A M.R.S.A. §4116, the DVIProgram must contact the prosecuting attorney requesting the information.)

8. current intimate partner name and all known contact information (if different from victim);

9. current driver's license or State-issued ID number or other photo ID card number if the domestic abuse offender does not have a driver's license or State-issued ID;

10. make, model, year and license plate number of any vehicles used by the domestic abuse offender;

11. history of any substance abuse;

12. any psychiatric history, including homicidal and suicidal ideation;

13. any history of any weapons possession or usage; and

14. history of abusive behaviors.

D. Within six weeks after the domestic abuse offender begins the DVIProgram, the offender must provide the DVIProgram with the following independent descriptions of the domestic abuse offender's abusive behavior, including, but not limited to:

1. police reports (if applicable);

2. administrative release, probation, parole, supervised release for sex offenders, or other post-conviction supervision or deferred disposition conditions (if applicable);

3. legal pleadings, including, but not limited to, civil petitions and civil and criminal complaints (if applicable);

4. court orders, including, but not limited to, protective orders, and court-approved consent agreements (if applicable); and

5. previous child protective service reports (if applicable and available).

E. Within seven days of acceptance into the DVIProgram, the DVIProgram must notify the following in writing of the domestic abuse offender's acceptance into the program and the program format, unless the time frame is modified by the working agreement with the local DVC:

1. the domestic abuse offender;

2. the victim and/or current intimate partner, as applicable, unless notification would jeopardize the safety of the victim, the partner, the domestic abuse offender, or DVIProgram staff, or would violate federal or state confidentiality laws;

3. the domestic abuse offender's Probation Officer (if applicable);

4. the local DVC; and

5. the referral source, including, but not limited to, the prosecuting attorney's office, pre-trial agency, or Department of Health and Human Services (DHHS).

F. At minimum, the information to be contained in the communication referred to in section 5.1 E must include:

1. the date the domestic abuse offender begins the DVIProgram;

2. limitations of the DVIProgram; and

3. that victims and/or current intimate partners are not required to have any contact with the DVC and/or DVIProgram.

G. A copy of the participant agreement must be provided to the referral source and pre-trial agency (if applicable). A copy of the agreement must be made available upon request by the victim or local DVC.

H. A DVIProgram may only accept referrals of persons residing in a county in which the DVIProgram has a working agreement with the local DVC, unless the program is granted a waiver by DOC.

5.2DVIProgram Discharge or Leave

A. Reasons for discharge from a DVIProgram must include that:

1. the domestic abuse offender has five absences during the 48 week DVIProgram, not including any absences occurring during an approved leave of absence; or

2. the domestic abuse offender has failed to pay the weekly fee determined by the DVIProgram for four sessions.

B. Reasons for discharge from a DVIProgram may include that:

1. the domestic abuse offender has completed the 48 week program to the satisfaction of the DVIProgram staff, based upon the criteria contained in the participant agreement;

2. the offender has committed additional domestic abuse; or

3. the offender has not complied with the rules of the DVIProgram.

C. A domestic abuse offender may receive a medical or other leave of absence for good cause with the approval of the Program Director, who must consult with the referral source before deciding whether to grant approval. If the leave is approved, upon their return to the program, the offender is allowed to continue the DVIProgram from the last class prior to the approved leave.

D. The following must be notified in writing within seven days of the domestic abuse offender's discharge or leave of absence from the DVIProgram:

1. the domestic abuse offender;

2. the victim and/or current intimte partner, as applicable, unless notification would jeopardize the safety of the victim, the partner, the domestic abuse offender, or DVIProgram staff, or would violate federal or state confidentiality laws;

3. the domestic abuse offender's Probation Officer (if applicable) (the Probation Officer must also be immediately notified verbally of a discharge, unless the discharge was due to the offender's completion of the program);

4. the local DVC;

5. the prosecuting attorney's office if a Probation Officer is not involved;

6. DHHS if involved; and

7. the presiding judge of the Domestic Violence Monitoring Docket, if the domestic abuse offender is enrolled in a Domestic Violence Monitoring Docket.

E. At minimum, the information to be contained in the communication referenced in section 5.2 E must include:

1. the date the domestic abuse offender was discharged or given leave from the DVIProgram;

2. the reason for discharge or leave (Note: if the reason is medical, the details of the situation must not be revealed, only that the reason is a mcdical one); and

3. any recommendations, which may include, but are not limited to, assessment for additional services or further action by the Probation Officer, which may include revocation.

5.3Re-Admission to DVIProgram after Discharge

A. Except as set out below, a domestic abuse offender who has not successfully completed 48 weeks and is allowed to return after being discharged must start at intake unless the domestic abuse offender is allowed to start at week one by the Program Director.

B. If the discharge was based upon absences, it is the first discharge based upon absences, and the offender is re-enrolled within three months of discharge, the offender may be allowed by the Program Director to start at five classes before the last class prior to discharge.

C. If the offender is re-enrolled more than three months after discharge or if the re-enrollment occurs after a second or subsequent discharge based upon absences, the offender must start at intake unless the domestic abuse offender is allowed to start at week one by the Program Director.

D. If the discharge was for non-payment of fees, after consultation with the referral source, the Program Director may allow the offender to receive credit for all classes attended and paid in full as long as the offender continues to pay the fee on schedule after the offender's return.

E. Notwithstanding the above, any domestic abuse offender who has not successfully completed 48 weeks and is allowed to return after being discharged and who was discharged due to committing additional domestic abuse or who committed additional domestic abuse after discharge must start at intake.

5.4Transfer of Credits

A. A certified DVIProgram must accept transfer of credits for weeks satisfactorily completed at another DVIProgram certified by the DOC provided the domestic abuse offender was in good standing with the other program at the time of transfer and no more than three months has elapsed since the last class attended at the previous DVIProgram. Absent good cause, no transfer of credit may occur if more than three months has elapsed since the last class attended at the previous DVIProgram.

B. Each participant requesting transfer of credit must obtain a letter of referral from the previous program, setting forth the number of weekly credits that the domestic abuse offender has earned, the number of absences, and that the participant is in good standing, and present it to the new program prior to receiving any credit(s) for weeks completed.

5.5Complaint Procedure

A. Before filing any complaint against a DVIProgram, the domestic abuse offender shall make an attempt to resolve the complaint in an informal manner by talking with the educator(s).

B. If unable to come to an agreement with the educator(s), the offender shall contact the Program Director, who shall attempt, as soon as possible, to resolve the complaint.

C. If the complaint remains unresolved, a formal written complaint may be made to the Department of Corrections, 111 State House Station, Augusta, Maine 04333-0111, Attention: Director of Victim Services. A copy of the complaint must be provided by the offender to the DVIProgram Director, local DVC, and referral source.

D. A victim may file a formal written complaint to the Department of Corrections, 111 State House Station, Augusta, Maine 04333-0111, Attention: Director of Victim Services. A copy of the complaint must be provided by the Director of Victim Services to the DVIProgram Director and the local DVC.

E. Upon receipt of a complaint, the Director of Victim Services shall investigate to determine if there has been a violation of these standards and, if so, shall determine what corrective or other action to take.

F. The Director of Victim Services shall respond to a written complaint within 60 days of its receipt.

5.6Confidentiality

A. All written and/or oral communications, including electronic communications, between the DVIProgram and victims and current intimate partners must be kept confidential by the DVIProgram, except in order to comply with mandatory reporting requirements or duty to warn, or as necessary to respond to a complaint filed by a victim with the DOC Director of Victim Services.

B. Notwithstanding the above, the DVIProgram may provide information to a DVC so that the DVC may offer safety planning resources.

5.7Record Keeping

A. Domestic abuse offender and victim and/or current intimate partner records (if any) must be maintained in separate files with no record or reference of victim/partner contact in the offender's file beyond the initial letter to the victim and/or partner about the domestic abuse offender's admission into the DVIProgram.

B. There must be at least minimal documentation for each group session attended by a domestic abuse offender, which must include:

1. date;

2. topic; and

3. amount of time spent in group.

C. Monthly status reports must be provided by the DVIProgram to the domestic abuse offender's Probation Officer or other referral source. Reports must include, but are not limited to, the following information:

1. attendance;

2. current payment status; and

3. compliance with other DVIProgram rules.

5.8Approval and Monitoring Process

A. The DVIProgram must arrange for monitors to attend a DVIProgram class at least quarterly per educator pair. Monitoring may occur more frequently upon agreement between the DVIProgram and the local DVC or third party monitor, as applicable.

B. The DVIProgram must arrange for monitors to provide verbal communication to the DVIProgram regarding the performance/operation of each observed class immediately after the class and written communication within 30 days. The DVIProgram is required to provide the documentation of monitoring to the DOC Director of Victim Services. It shall also be provided to the local DVC (unless the monitoring was by the local DVC).

C. Third party monitors must be utilized when the local DVC is unable, unwilling, or fails to monitor the DVIProgram or is operating the DVIProgram.

1. Selection of third party monitors must be made pursuant to criteria developed by the DOC, MCEDV, and WWC.

2. When a new third party monitor is used, the DVIProgram is required to provide the monitor's name and qualifications to the DOC Director of Victim Services, the local DVC, WWC, and MCEDV.

3. Documentation of monitoring sessions must be sent to the local DVC.

03-201 C.M.R. ch. 15, § 5