VI. What System Is In Place To Support Victims’ Needs?

The system of support for victims in Travis County is a complex blend of services that address victims’ rights and short and long-term needs as they recover from the victimization and interact with the criminal justice system. The legal rights afforded victims in Texas are listed on page 6 or this report. In order to implement these rights, the State requires that specific services be provided by law enforcement agencies, prosecutors’ offices, juvenile probation and community supervision and corrections departments. However, mandated services are designed to address only the basic rights of victims and do not consider the comprehensive needs of victims. Victim services providers (government, nonprofit, community-based), advocacy groups, and volunteers work to enhance services and fill gaps that are not fully addressed by government laws or funding.

In Travis County, mandated services are provided by the Texas Office of the Attorney General, Texas Department of Protective and Regulatory Services, Texas Department of Health, Austin Police Department, Travis County Sheriff’s Office, Travis County Community Supervision and Corrections Department, Travis County Courts-at-Law, Travis County Attorney’s Office, Travis County District Attorney’s Office, Travis County Juvenile Probation Department, and other local police departments. Other agencies provide non-mandated, but necessary government services, such as Emergency Medical Services; school districts also provide certain crisis and intervention services to families with school-aged children.

As the victim assistance field has grown, so has the awareness of the complex needs of crime victims and the demand for coordinated multidisciplinary responses to meet their needs. There is an increasing understanding that services must be tailored to meet the needs of both victims who have traditionally received services as well as those victims newly identified as “underserved” – diverse cultural populations, victims with disabilities, victims of exploitation and fraud. The continuum presented below defines an ideal system of victim services and identifies primary gaps in the following components:

1. Crisis Response and Emergency Services
2. Crisis Stabilization and Short-term Services
3. Investigation
4. Prosecution and Courts
5. Post-disposition
6. Legal and Long-term Supportive Services

Sections A through F provide information about services that correspond to the rights of victims as specified by state law and the services victims need to recover from being victimized. The first column in each chart lists the ideal set of services as identified by the Victim Services Task Force, following guidelines recommended by the U. S. Department of Justice (Attorney General Guidelines for Victim and Witness Assistance, 2000). The second column identifies which services are mandated. For the purpose of this report, mandated services are those required by law to be provided to victims, but does not include all mandated services that exist in the community. For example, EMS services are mandated but not specifically for victims. The third column lists which entities assist in the delivery of each service. While not an exhaustive inventory, all major community-based providers and public agencies are included. The fourth column indicates whether or not the service exists at some level in the community. Unfortunately, data regarding actual levels of service, consistency of delivery, and estimates of numbers of victims not served are not yet available. Discussion of the primary gaps of each component, as identified by victims and providers, follows each table.

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A. Crisis Response and Emergency Services

Victims reach out for help in different ways immediately following a traumatic experience: some persons call 911 to report the crime or a hotline for support and information, others contact family or friends, and still others do not reach out to anyone at all for fear of being further victimized by the person who hurt them or for fear of what actions the contacted authority might take. Issues related to personal safety, personal economics, immigration status, independent living, and child removal frequently influence a victim’s decision to report and get help. However, victims do not have to make a decision regarding reporting in order to receive crisis services, which include calling hotlines, victim services from law enforcement agencies, emergency medical services, and emergency shelter.

Victims typically have three major needs after a crime has been committed: the need to feel safe, the need to express their emotions and the need to know “what comes next” after their victimization. The overall goal of Crisis Response and Emergency Services is to assess and respond to the victim’s emergency medical needs and safety. Transport to a hospital or an emergency shelter may follow and law enforcement may determine that requesting an Emergency Protective Order is appropriate. Victim Services counselors provide crisis counseling, support, and information to victims regarding their immediate options and needs. The services shown below are generally provided at the scene of a crime or within a short period of time following the crime and are intended to meet the most immediate needs of the victims.

The law enforcement agencies’ responsibilities begin with the report of the crime and extend through the investigation of the case. At the earliest opportunity, law enforcement informs the victim of his/her rights regarding emergency medical and social services, restitution and other relief to which they may be entitled, and information about payment, testing, and counseling in cases of sexual assaults that pose a risk of STDs. Both the Austin Police Department and the Travis County Sheriff’s Office provide victims with a printed brochure (English and Spanish) that lists and describes victims’ rights, available services, and local providers, as well as the names and telephone numbers of key officials and the victim-witness coordinators at the prosecutors’ offices. If the Victim Services Division is not called to the scene, the responding law enforcement personnel assist the victim in contacting the appropriate person or office responsible for providing the services.

The Austin Police Department and the Travis County Sheriff’s Office have directed significant resources towards the development of their Victim Services programs; however, both agencies must prioritize on-scene response due to a shortage of counselors. Another primary gap is emergency shelter and emergency placement for victims of domestic violence and child abuse. Although SafePlace designates space for emergency admissions by APD, the shelter is generally at capacity with a waiting list. The Austin Children’s Shelter, which serves infants and children who have been removed from their homes due to abuse, also operates at full capacity with a waiting list. Demand for emergency psychiatric services also exceeds the current level of available services.

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B. Crisis Stabilization and Short-term Services

Services shown below are intended to help the victim in the first few days or weeks following the incident. Both the Austin Police Department and the Travis County Sheriff’s Office Victim Services units follow up with victims after initial contact with law enforcement because many victims are unable to comprehend assistance and compensation information in the aftermath of being severely traumatized. Victim Services counselors provide crisis counseling and short-term counseling for individuals. Community-based organizations also provide these services and support groups. The safety and medical needs of the victim continue to be a priority; child protection, shelter and temporary placement, as well as protective orders may all be options for victims during this phase. Advocacy services, which help victims access needed services and navigate the complex legal system, are critical for victims who feel overwhelmed and confused by what has happened.

Although a priority for APD and TCSO, the level of follow-up contact and support that can be provided to victims is limited by the shortage of counselors within both agencies. Another gap for victims is timely access to affordable, individual counseling and other mental health services. As mentioned above, the shortage of emergency shelter and temporary placement for victims is also a significant gap in the community. Advocacy services tend to be limited to victims with the most severe situations and to victims who know to request the support. Also, emergency financial assistance for the safety, medical, and basic needs of victims is extremely limited in Travis County.

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C. Investigation

The services shown below are critical for victims to understand and fully participate in the investigation of the crime. The significance of law enforcement’s role in responding to crime victims cannot be overemphasized. The way that a victim is treated by dispatchers, the first officers arriving at the scene of the crime, and detectives investigating the case shapes the victim’s expectations of how he/she will be treated throughout the justice process, and his/her overall opinions of justice officials. The primary law enforcement agencies in Austin and Travis County are the Austin Police Department and the Travis County Sheriff’s Office. There are also a number of smaller municipal police departments as well as campus police departments within Austin Independent School District and surrounding school districts and university campuses. Both APD and TCSO have Victim Services programs that work to ensure that victims know their rights and have access to necessary services, such as emergency services, counseling, financial assistance, information and referrals, and community programs.

Law enforcement informs the victim of: a) his/her right to receive services and contact information for such services, b) where he/she may receive emergency medical and/or social services, c) restitution or other relief to which he/she may be entitled, d) programs available to provide counseling, treatment and other support, e) the right to make a statement about pretrial release in cases of domestic violence, and f) information about payment, testing, and counseling in cases of sexual assaults that pose a risk of STDs. As mentioned above, both APD and TCSO provide victims with a printed brochure that outlines this information.

During the investigation of a crime, law enforcement also provides the victim information on the status of the investigation, including arrests of suspected offenders, pretrial release of suspects, and case closings. The Travis County VINE program (Victim Information Notification Everyday) is a free and anonymous 24-hour telephone service that provides victims of crime information and notification regarding the custody status of inmates in the Travis County Jail. Operated by the Travis County Sheriff’s Office, the VINE system is available in English and Spanish and informs victims when an inmate escapes, is released or transferred to another facility, or gains work release.

Law enforcement arranges for victims to receive reasonable protection from a suspected offender. Safety planning, helping a victim change his/her telephone number or enter a shelter, and providing information on how to apply for a protective order, restraining order, or peace bond are all strategies for increasing victim safety. Victims also are given information on what to do if they fear/experience retaliation or intimidation as a result of reporting to the police.

Investigation involves interviewing victims and taking their statements, which might be done on-scene or within several days of the crime. A forensic interview is a critical part of the investigative process. It is conducted to gather factual information to determine if a crime was committed. Child forensic interviews are conducted at the Travis County Children’s Advocacy Center, which is part of the multidisciplinary Child Protection Team. The goals of this team are 1) to minimize the number of interviews to which the child is subjected; 2) to provide needed services to the child; and, 3) to monitor the child’s safety and well-being. In the case of suspected rape and child abuse, law enforcement refers the victim for a forensic exam conducted by trained medical personnel.

Adult sexual assault forensic exams are conducted primarily at St. David’s Hospital or Brackenridge Hospital by Sexual Assault Nurse Examiners (SANEs). A SANE is a registered nurse who has advanced education and clinical preparation in forensic examination of sexual assault victims. SANEs offer victims compassionate care and comprehensive forensic collection. Adult sexual assault victims can request that an advocate be present for support during the exam, which can be painful and lengthy. The goal of the Adult SANE Program in Travis County is to offer victims compassionate care and comprehensive evidence collection for more effective investigations and better prosecutions. All acute child cases go to Children’s Hospital of Austin for a medical forensic exam to be conducted by medical staff. For all chronic or no-acute child sexual assault cases, the child is referred to the Children’s Hospital of Austin Specialty Care Unit Child Assessment Program, which has an examination room at the Travis County Children’s Advocacy Center. Both the Adult and Pediatric SANE Programs in Travis County need further development and greater numbers of trained medical personnel.

The investigation phase can be frightening and overwhelming for victims. Some victims fear that they will not be believed, while others fear retaliation by the offender. Many victims feel re-traumatized by describing their victimization to multiple persons and authorities. Important services for victims during investigation include: Information and referrals to needed counseling and emergency services, timely information on the status of the investigation, and contact with pretrial services to communicate safety concerns prior to a decision regarding the suspected offenders bail. Primary gaps in the current system include shortages in: a) detectives and victim services counselors, b) trained medical personnel for the adult and pediatric SANE programs, and c) TDPRS child protection workers.

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D. Prosecution and Courts

The prosecution stage begins when charges are filed and continues through post-sentencing legal proceedings, including appeals and collateral attacks. Prosecutors’ services to victims include information, referrals, notification, consultation, and participation. Once a case is indicted, the victim is sent a letter explaining the current status of the case, the name of the victim-witness counselor who is assigned, contact information, the Victim Impact Statement form and the application and information for Crime Victims’ Compensation. Victims are subsequently contacted only at prosecutors’ requests to prepare for court or to discuss a plea recommendation. Otherwise, victims must contact their victim-witness counselor for status reports or for additional information.

One of the most important and basic rights of victims during the prosecution stage is the right to participate. Victims’ satisfaction with prosecutors and the criminal or juvenile justice system increases dramatically if they are invited to participate in the decision making process. In Travis County, both the County Attorney and District Attorney’s offices have Victim-Witness Assistance divisions to ensure that victims receive critical information and notification services. Victims are provided information about the victim impact statement and the criminal justice process – specifically, their role and the different stages in the process.

During the prosecution of a crime, the victim-witness assistance divisions provide victims information regarding a) the release or detention status of an offender or suspected offender, b) the filing of charges against a suspected offender or proposed dismissal of all charges – including placement of offender in a pretrial diversion program, c) scheduling – including changes and/or continuances of each court proceeding the victim is entitled or required to attend, d) the acceptance of a plea of guilty or nolo contendere or the rendering of a verdict after trial, and e) if the offender is convicted, the date set for sentencing, the sentence imposed, and the agency which will provide the date, if any, on which the offender will be eligible for parole or supervised release.

The Victim/Witness Assistance divisions also provide victims information regarding their right to attend the trial regardless of whether or not they intend to make a statement after the sentence. Court accompaniment is a critical service for victims, especially during proceedings that require the victim to testify. Victim-witness counselors and legal advocates provide emotional support and information about the legal process. Unfortunately, victims need to know to request this service. Due to the limited number of victim-witness counselors and legal advocates, court accompaniment is not automatically offered to victims. Currently, priority is given to victims who do not have attorneys for their civil cases or who express high levels of fear or concern regarding the court proceeding.

Prosecutors should consult with victims about major case decisions and notify victims about proposed or contemplated plea negotiations; however, this practice varies among prosecutors. Ideally, prosecutors try to include the victim’s view about the disposition of the case including dismissals, release of the accused pending judicial proceedings, plea negotiations, and pretrial diversion. During court proceedings, the prosecutor’s office is required to ensure that victims have a waiting area that is separate from and out of the sight and hearing of the defendant and defense witnesses. The Family Violence Court provides a designated space for victims; the DA’s office offers one small waiting room for victims.

When a defendant is convicted, a court official informs victims that a probation officer is required to prepare a pre-sentence investigation report which includes a section assessing the financial, social, psychological, and medical impact of the crime on any individual against whom the offense was committed. The report also includes a provision on restitution and information on how to contact the parole/probation officer directly if the victim desires. Prosecutors should advocate the interests of victims at the time of sentencing. If a sentence is to be imposed for a crime of violence or sexual abuse, the victim may prepare a statement that can be presented at sentencing. The victim has a right to address the court with a statement in relation to the offender’s sentence. This right may be exercised by a parent or legal guardian in cases of child victims or family members in cases of death or incapacitation.

A primary gap within the prosecution and court systems is the need for additional victim-witness counselors. Services could be significantly enhanced to improve contact with victims, increase support to victims to complete the victim impact statement, assist the victim in submitting compensation claims, and increase court accompaniments. Frequently, victims are re-victimized due to the number of court resets. They feel frustration with the slow and demanding process; additionally, many victims resent not being able to be in the courtroom during testimony. Many victims believe that the results of the court process will be a major part of their recovery process; however, according to staff from the DA’s office, most victims are disappointed with the end results regardless of the sentence. Additional contact could help victims set realistic goals regarding the role of the court process in their recovery. Prosecutors and judges could benefit from ongoing trainings related to victims’ issues, including how to best implement and ensure victims’ rights.

Finally, attention should be given to the period between investigation of a case, filing charges, and indictment of a case. Case transfer from one agency to another can result in frustration for victims, who may or may not have support during this period. There is a need to improve the continuity of support for victims across various parts of the system. Currently, APD Victim Services counselors and DA Victim-witness counselors are working to address this gap.

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E. Post-disposition

Over the past decade, the basic philosophy of correctional agencies has shifted. Traditionally, correctional agencies viewed their role as limited to offender management, supervision, and rehabilitation. Today, serving crime victims is also an important part of their mission. The Texas Department of Criminal Justice (TDCJ) Victim Services Division was created to provide a central mechanism for victims and the public to participate in the criminal justice system. The Travis County Community Supervision and Corrections Department (CSCD) and the Travis County Juvenile Probation Commission assist victims of crime during the post-adjudication phase of the criminal justice process.

The services provided by TDCJ Victim Services Division include: a) a toll-free number for victims and their families to request information about an offender’s status; b) written notification system to keep victims informed of an offender’s status after conviction and sentencing; c) automated victim notification system that allows victims to obtain offender status information 24-hours a day, with the option to request notification when the offender is being processed for release; d) victim offender mediation/dialogue; and e) victim impact panels. TDCJ Victim Services Division provides victims general information regarding the corrections process and can take into consideration any security concerns of the victim when timing notification of the offender’s release in order to reduce risk.

The Travis County CSCD mission includes the goal of addressing the rights of victims by providing information, referrals, and services. The Victim Liaison provides information to victims in cases where probation and/or restitution is ordered. Additionally, this department collects and disperses all restitution payments. Currently, due to limited resources, only the minimum level of mandated services is provided: written notification of the court process, offender information via telephone and in-person contact, and information and referrals. Victims contact the office in order to receive these services. Program enhancement would allow CSCD to proactively identify and contact victims, provide higher levels of information and referrals, improve the system for updating victims on the status of restitution payments, and help victims determine eligibility and apply for Crime Victims’ Compensation.

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F. Legal and Long-term Supportive Services

Victims need access to affordable legal services, including protective orders, divorce and child custody, addressing loss of housing or employment, as well as the establishment of powers of attorney and guardianship; all of which may be important and necessary options for victims. Texas Rural Legal Aid, Women’s Advocacy Project, the Political Asylum Project of Austin and Volunteer Legal Services are the major providers of pro bono civil legal assistance in Travis County. Additionally, the Lawyer Referral Service through the Travis County Bar Association has a reduced cost program for people who have low incomes. Family Eldercare coordinates a guardianship program for elderly persons and persons with disabilities. The Civil Legal Assistance Program, a collaborative partnership including SafePlace, Women’s Advocacy Project, Texas Rural Legal Aid, and the UT School of Law, was created in 1999 to increase the number of attorneys and streamline the process for victims of domestic violence seeking civil legal representation. Victims often need continued advocacy support as well as accompaniment to court proceedings.

The trauma of victimization can have long-term psychological and emotional effects. For many victims, access to a full range of mental health services is critical to long-term healing and recovery. Psychiatric services, residential treatment for adults and children, comprehensive substance abuse services, and supportive and therapeutic counseling services are all essential to the ideal system of support. SafePlace, Dawcas, and ATCMHMR offer specialized services for persons with disabilities and the Deaf. Austin Child Guidance Center, LifeWorks, Communities in Schools, Settlement Home, ATCMHMR, and Helping Hand Home provide long-term support for children and youth who have been victimized. Finally, transitional resources, especially for victims who are low-income and/or have special needs, may be required for long-term stability. Transitional housing, affordable child care, financial assistance, advocacy and case management services, can effectively increase victims’ economic and emotional independence.

Primary gaps within this component of the continuum include a) ongoing shortage of attorneys who can provide pro bono civil legal assistance, b) insufficient psychiatric and mental health services, c) limited access to long-term individual counseling services, and d) unmet demand for transitional housing, affordable child care, and financial assistance.

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