Enhancing Protections for Victims of Domestic and Dating Violence
Domestic violence is a pervasive and underreported issue throughout the commonwealth, and Kentucky has one of the highest rates of domestic violence in the country. Unfortunately, domestic violence statistics are notoriously difficult to collect and analyze due to the private nature of the crime and its intersection with various fields, including criminal justice, victim services, and health and human services. Quality domestic violence data collection helps law enforcement better serve victims and survivors in their journeys toward healing, safety, and justice.
Senate Bill 271, passed during the 2022 Regular Session and signed by Gov. Andy Beshear, enhances domestic violence data collection and analysis by coordinating across sectors. SB 271 outlines the process for agencies like the Administrative Office of the Courts (AOC), the Kentucky State Police (KSP), the Cabinet for Health and Family Services (CHFS) and others to provide information to be compiled in a single report for statewide dissemination. Specific information is to be supplied to the Criminal Justice Statistical Analysis Center (CJSAC) housed within the Justice and Public Safety Cabinet. CJSAC will compile date received into an annual report to be disseminated to agencies outlined in the bill and made available to the public.
“There was a void in the commonwealth as it relates to domestic violence and abuse data,” AOC Governmental Affairs Liaison Jason Reynolds explained. “There was not a collective body collecting that information or reporting out on it. This is a way to try to capture some of that data that has been missed in the commonwealth.”
This cross-sector data collaboration will create a more comprehensive picture of domestic and dating violence and abuse in Kentucky. This information and analysis will help state and local law enforcement agencies, as well as other critical agencies, to identify gaps in services, develop better new practices for working with victims and survivors, enhance the criminal justice system, and ultimately reduce domestic and interpersonal violence across the commonwealth.
Reynolds said that SB 271 will do much more than collect data for the commonwealth’s law enforcement agencies.
“It’s certainly a public protection issue. The data that is to be gathered from 271 will go toward targeting services and addressing issues in those areas that have been identified through the data. It can also lead to future legislation based on the information that is gathered. I think it is going to lead to targeted efforts to try to address this domestic violence abuse instances that occur in Kentucky.”
Fayette County Sheriff Kathy Witt has been a long-time advocate for victims of domestic violence and has championed legislation like Megan’s Law in year’s past. Sheriff Witt currently serves as a member of Lexington’s Domestic and Sexual Violence Prevention Coalition, chairs both the FBI’s Criminal Justice Information Systems Advisory Policy Board and the Law Enforcement Officer Suicide Data Collection Focus Group, and formerly served on and/or chaired several more local, state and federal domestic violence groups.
Agencies across the commonwealth like the Fayette County Sheriff’s Office are working to comply with the provisions of the new law in hopes that it is another step forward in enhancing public safety for all Kentuckians.
Sheriff Witt explained that the bill is important in this respect for Kentuckians and law enforcement alike.
“Local law enforcement agencies benefit from all historical data regarding an offender’s past criminal history and protective order history to evaluate a perceived risk in service of future protective orders. Statistics such as these also serve to allow law enforcement to analyze trends, patterns of at-risk behaviors and warning signs that may aid in the prevention of future acts of violence.”
Witt continued, “the victims and survivors of domestic and interpersonal violence are better protected and resourced when law enforcement and partner agencies are better informed, better trained and more fully equipped to recognize and address patterns of violence in our community.”
Data Reported to CJSAC for Compilation
Kentucky State Police
Number of domestic and dating violence and abuse calls law enforcement agencies responded to
Number of domestic and dating violence and abuse arrests made
Offense charged if arrest was made
Administrative Office of the Courts
Number of protection orders filed and denied, granted
Number of interpersonal protection orders filed and denied, granted
Number of emergency protective orders granted
Number of temporary interpersonal protective orders granted
Number of domestic violence orders granted
Relationship between the petitioner and respondent, if known
Demographics of the parties, including age, race, gender
Information on whether the victim was or is pregnant, if indicated on the petition
Number of criminal charges for a violation of a protection order
The Law Information Network of Kentucky (LINK)
Number of protection orders received to be served by law enforcement agencies
Number of protection orders served by law enforcement agencies
Number of protection orders in LINK
Average time for actual service to be returned
The Cabinet for Health and Family Services
Number of alleged child abuse reports made to the cabinet through an adult or child abuse hotline in which there were also allegations of domestic violence
Domestic violence and abuse shelter statistics reported to the cabinet
The Division of Kentucky State Medical Examiner’s Office
Number of deaths in which domestic or dating violence and abuse was a contributing factor
Coroners
Number of deaths as a result or, or suspected to be a result of, domestic or dating violence and abuse
Taking Action for Victims of Abuse
Since taking office, Gov. Andy Beshear has consistently championed reducing and preventing domestic and dating violence and abuse while helping victims and survivors receive the services they need. During the 2022 Regular General Assembly Session, The Governor signed bills into law like Senate Bill 38, which defines Class A and B felony incest as a violent offense, requiring offenders to serve longer sentences for committing this heinous crime.
The administration has awarded more than $60 million in grant funding to victim service agencies across the commonwealth.
In March, Gov. Beshear announced an anticipated $22 million in grant funding would be available through the federal Victims of Crime Act program (VOCA) and invited eligible agencies throughout the commonwealth to apply.
“As your Governor, protecting all Kentuckians and promoting justice across our commonwealth is a top priority,” said Gov. Beshear. “This annual grant funding by VOCA allows us to continue taking vital steps as we build a more equitable, safer Kentucky for generations to come.”
At the beginning of the year, Gov. Beshear and Secretary Harvey announced that an additional $849,491 in federal grant funding had been awarded to the Kentucky State Police (KSP) to hire a new investigator with the Sexual Assault Kit Initiative Investigate Team to focus on investigating and identifying sexual offenders in Jefferson County. The KSP SAKI investigative team was originally formed in July 2021 after U.S. Department of Justice awarded $1.5 million to the commonwealth to leverage existing investigative resources within the KSP Crime Lab by transitioning three trained investigators and a criminal intelligence analyst from the Kentucky Office of the Attorney General to KSP.
Between February and December 2021, Gov. Beshear awarded more than $4 million in grant funding to fight sexual assault, domestic violence, stalking and dating violence.
The Beshear-Coleman administration continues to provide for victims of dating violence and abuse, domestic violence and abuse and sexual assault.
During the 2021 legislative session, Gov. Beshear signed HB 310, sponsored by Sen. Morgan McGarvey, of Jefferson County. HB 310 allows a commonwealth attorney to file a petition for an involuntary commitment for violent offenders who are incompetent to stand trial and would not benefit from additional treatment, but who are deemed a danger to themselves or others. By signing this bill, the Governor closed a gap in state law that allowed some defendants to avoid both prison time and mental health treatment.
Report Domestic Violence
If you or someone you know is a victim of domestic violence, no matter when the violence took place, please contact the Kentucky Coalition Against Domestic Violence. Their webpage provides resources for victims, including the National Domestic Violence Hotline at (800) 799-SAFE (7233).
