[JHeath]

http://thenewsdispatch.com/main.asp?Sectio...amp;TM=53892.09

12/26/2007 12:28:00 PM
Arnold Bill For Cooling Off Moving On
Legislation Has Been Assigned To Senate Judiciary Committee.

Associated Press

INDIANAPOLIS - People accused of abuse in domestic violence cases would have to spend at least eight hours in jail to "cool off" under a bill sponsored by an Indiana lawmaker.

Sen. Jim Arnold, D-La Porte, said his bill would give victims the time to find help or go to shelters while their alleged abusers are settling down in jail, rather seeking retribution.

"We're calling it a cooling off period," said Arnold, a former two-term sheriff. "Right now, we have too many officers going back to these situations on a repetitive basis. So we're trying to look at this in a little different light."

Arnold introduced his legislation after meeting with the LaPorte County Domestic Violence Task Force, whose members were concerned that accused abusers were leaving jail too quickly.

His bill has been assigned to the Senate Judiciary Committee.

Jean Russell, vice president of programs at the Center for Women and Families, which serves southern Indiana and Louisville, Ky., called the Indiana proposal encouraging. She said Kentucky does not mandate a cooling off period.

"It's a beginning first step that is helpful," she said.

"But it's not necessarily by itself going to be the solution."

Although there's no statewide requirement for a cooling off period for accused batterers, some Indiana judges already impose similar restrictions.

In Harrison County, for example, accused batterers face a court-ordered 24-hour hold, said Corydon Police Chief Jim Kendall.

"It works great," Kendall said. "It gives the batterer time to calm down ... and it lets us get the victim to a safe house."

In Clark County, judges have a standing order that someone arrested on a domestic violence charge isn't released until he or she sees a judge, Sheriff Danny Rodden said. That typically takes 24 to 72 hours, he said.

"Everybody has cooled down a little bit by then," Rodden said.

In some parts of Indiana, however, alleged batterers can get out of jail on bond or be released without bail soon after they are charged.

"There's county-by-county discretion," said Barb Miller, executive director of the Albion Fellows Bacon Center, an Evansville-based organization that serves domestic violence victims in 11 counties, including Orange, Crawford and Harrison.

"You can be arrested and be bonded out in a manner of a couple hours" in Vanderburgh County, Miller said.

She said that's often not enough time for victims to be able to locate help, pack their belongings and get their children to a safe location. She added that "time is so critical" for victims.

[RedDevilMC]

This is a big deal and a good one! I've read stories of people making bail right away and going back to the home with the situation ending with someone's death. Several states around the country are doing this. I heard about this last year when I went to the CASA National Convention. DUI/OWI offenders have a cooling off period so this only makes good sense.

[JHeath]

I agree...this is a great start. Now, let's just hope it passes without too many problems.

[Southsider2k12]

http://thenewsdispatch.com/main.asp?Sectio...&TM=46597.1

Arnold measure passes committee
INDIANAPOLIS - The Indiana Senate Judiciary Committee voted 8 to 1 to approve a measure that would require an eight-hour cooling off period in custody for people arrested for domestic battery. The measure was proposed by State Sen. Jim Arnold, D-La Porte.

Arnold, a former La Porte County Sheriff, told the committee that this is a "win-win situation."

"We're protecting the victim by providing time to seek out support services, shelter or even a protective order," Arnold said. "And we're protecting the perpetrator from responding out of anger or frustration, as law enforcement sees happen too often."

Laura Berry Berman, executive director of the Indiana Coalition Against Domestic Violence, testified a recent study by the Coalition indicates at least 23 counties already place a hold on domestic violence perpetrators for at least eight hours or until the initial court hearing.

According to the Indiana Coalition Against Domestic Violence, 76 deaths were attributed to domestic violence in the state between July 1, 2006 and June 30, 2007. Two of those deaths occurred in La Porte County in an April murder-suicide. Four unrelated domestic violence deaths occurred in St. Joseph County during the one-year period.