injury, violations of orders of protection, repeat offenses, and/or failure to complete or termination from batterers' intervention programs, there should be a stronger response, including jail and electronic monitoring.
Where appropriate, conditions of probation and parole should include "stay-away" and "no-contact" provisions. Referrals to batterers programs should only be used in conjunction with a criminal or Family Court sanction and supervision, and there should be a clear mechanism in place for the program to regularly report to the court regarding the offender's participation and compliance with program rules.
Courts, in accordance with PL §60.35, must collect a mandatory surcharge and crime victim assistance fee at sentencing for a felony, misdemeanor, or violation level conviction.
g.Intervention programs for men who batter are not to be used as a mechanism for adjustment, diversion, or as an alternative to incarceration, if incarceration would otherwise be considered in sentencing. Courts, probation and other community corrections agencies should work with intervention programs for men who batter to develop mechanisms for regular reporting of program participation and compliance.
Batterers Intervention Programs (BIPs) are an element of a predictable and comprehensive court response to domestic violence, not a substitute for one. Criminal and Family Courts should work in conjunction with enforcement agencies, such as probation, and with batterers programs, to develop monitoring systems that are responsive to the needs of particular communities and that prioritize victim safety. Probation or local contractors who provide supervision services are best equipped to monitor compliance with the BIP.
Non-compliance should carry significant consequences, such as a violation of probation. In situations in which participation in a batterers program has been mandated but is not part of a formal sentence, such as through a Family Court order of protection or pre-trial release, courts and BIPs should develop written protocols for monitoring compliance. In addition, mechanisms should be developed that allow the BIP to file the petition for a violation of the order of protection with the court in cases involving lack of compliance with the program, rather than require the victim to do so. BIPs need to be in regular communication with probation and designated court staff in order to ensure compliance with the program, and offenders should be informed that such communication will occur and that violations will