Code of Maine Rules
03 - DEPARTMENT OF CORRECTIONS
201 - DEPARTMENT OF CORRECTIONS/GENERAL
Chapter 15 - BATTERER INTERVENTION PROGRAM CERTIFICATION
Section 201-15-1 - Procedures and Standards for Batterer Intervention Programs
Universal Citation: 03 ME Code Rules ยง 201-15-1
Current through 2024-38, September 18, 2024
(relating to psychological, physical, verbal and sexual abuse)
1.1 Definitions
A.
Domestic Abuse
In the context of this document, the definition of the term "domestic abuse" refers to the definition of "abuse" in 19-A M.R.S.A. §4002.
"Abuse" means the occurrence of the following acts between family or household members or dating partners.
1. Attempting to cause or causing bodily
injury or offensive physical contact, including sexual assaults under Title
17-A, Chapter 11, except that contact as described in Title 17-A, §106,
sub-§1, is excluded from this definition;
2. Attempting to place or placing another in
fear of bodily injury through any course of conduct including, but not limited
to, threatening, harassing, or tormenting behavior;
3. Compelling a person by force, threat of
force or intimidation to engage in conduct from which the person has a right or
privilege to abstain or to abstain from conduct in which the person has a right
to engage;
4. Knowingly restricting
substantially the movements of another person without that person's consent or
other lawful authority by: removing that person from that person's residence,
place of business or school; moving that person a substantial distance from the
vicinity where that person was found; or confining that person for a
substantial period either in the place where the restriction commences or in a
place to which that person has been moved;
5. Communicating to a person a threat to
commit, or to cause to be committed, a crime of violence dangerous to human
life against the person to whom the communication is made or another, and the
natural and probable consequence of the threat, whether or not that consequence
in fact occurs, is to place the person to whom the threat is communicated, or
the person against whom the threat is made, in reasonable fear that the crime
will be committed; or
6.
Repeatedly and without reasonable cause:
a.
following the victim; or
b. being
at or in the vicinity of the victim's home, school, business, or place of
employment.
B.
Batterer Intervention Program
1.
The term "batterer intervention program" refers to a community-based
educational program which is one component of a coordinated community response
to domestic abuse where the main goals are:
a. working toward the safety of victims;
and
b. holding domestic abuse
offenders accountable for their actions.
2. The community-based educational programs
for domestic abuse offenders (hereafter called "BIProgram") referred to in
these standards are designed specifically to intervene with court referred
adults, but are not limited to court referrals.
C.
Domestic Violence Center
1. The term "domestic violence center" refers
to a network of programs and services for victims of domestic abuse. There are
two coalitions of domestic violence centers in Maine. The Maine Coalition to
End Domestic Violence (MCEDV) is comprised of eight of Maine's domestic
violence centers. Each domestic violence center is a private, independent,
nonprofit agency which provides individual crisis intervention, legal
information, and advocacy for people affected by domestic abuse, as well as
support groups and shelter options for victims of domestic abuse and their
children. These services are confidential, free of charge, and based on a
self-help model. In addition, domestic violence centers provide training,
education, and consultation to community groups, schools, public officials, and
services providers to improve the community's response to domestic abuse. The
Wabanaki Women's Coalition (WWC) is comprised of the five tribal domestic
violence centers in Maine. Each of these tribal domestic violence centers
provides individual crisis intervention, legal information, and advocacy for
predominately Native Americans affected by domestic abuse, as well as support
groups and shelter options for victims of domestic abuse and their children.
These services are confidential, free of charge, and based on a self-help
model. In addition, they provide training, education, and consultation to
community groups, schools, public officials, and service providers to improve
the tribal community's response to domestic abuse.
2. In the case of a domestic violence center
which is not a member of the MCEDV or WWC, that center which is providing the
services described above will serve as the collaborator in that
jurisdiction.
3. For the purposes
of this document, hereafter "domestic violence center" will be referred to as
"DVC."
D.
Monitoring consists of observation of and consultation about the
performance/operation of a BIProgram in order to promote the safety of victims
of domestic abuse. Monitoring must be provided by staff of a DVC as outlined in
section 5.8 A or by a third party monitor as outlined in section 5.8 B.
E.
Supervision is the
internal oversight of the process and content of the BIProgram by a qualified
primary supervisor as defined in section 4.5 C.
F.
Staff means both paid and
unpaid staff.
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