Building better paths: Oklahoma pilots new domestic violence reform (Capitol Update)

A lot of good things happen in state government that most of us citizens have never heard about. We tend to hear about some bill being introduced in the legislature that we think (or know) is downright stupid or the governor taking some action we think (or know) is crazy, and we become cynical.

Of course, it depends on your point of view which bills or actions fit these categories. But strip away the stupid and crazy, however you define it, and much of state government is made up of people working hard to hold our society together and do good things for people. There needs to be more of it, not less.

I was asked recently to advocate for changing the law on something I’d never heard of: a Batterers’ Intervention Program (BIP). BIP is a statutorily mandated 52-week treatment program that requires criminal defendants placed on probation for a domestic violence offense to attend. Missing a session for three consecutive weeks or seven weeks in the year may lead to revocation and incarceration. Defendants must pay a weekly fee for the program because it is not funded by taxpayers.

There are two sides to domestic violence, which is defined as an assault, battery, or assault and battery upon an intimate partner or a family or household member. The two sides are the victim, often called the survivor, and the perpetrator. BIP programs work with the perpetrators, and Domestic Violence (DV) programs, which are funded by the state, work with the survivors. The purpose of both programs is to end violence and protect survivors.

The process of making perpetrators understand their fault, recognize their responsibility, and address their violent actions can be lengthy, often taking 52 weeks. The program has been found to work well when completed by the perpetrators, but one problem has been a significant number of enrollees never complete the program. Completion rates vary from 30 percent to a statewide average of 65-70 percent, though specific figures are not publicly available. Those who drop out may not get the help they need, putting survivors at risk.

Rep. Toni Hasenbeck, R-Elgin, and Sen. Aaron Reinhardt, R-Tulsa, introduced House Bill 1273 to provide alternative programs that may work better for some perpetrators and survivors. During the legislative session both DV and BIP providers have been vocal about the need to be cautious about any changes that would expose survivors to control or violence by perpetrators. As a result, significant changes were made in HB 1273, paring it down to two limited pilot programs to determine the effectiveness of additional BIP models. The amended version passed the Senate last week by a 46-1 vote.

The bill now returns to the House where House members will have the opportunity to review and act on the changes. The takeaway for me has been that domestic violence programs for perpetrators and survivors, which I knew little or nothing about, have existed in our state for many years. The people who work in these programs are dedicated to the safety of survivors, and they care enough to engage in the legislative process to protect the clients they work with. It’s state government at its best and what a democracy is all about.

ABOUT THE AUTHOR

Steve Lewis served as Speaker of the Oklahoma House of Representatives from 1989-1990. He currently practices law in Tulsa and represents clients at the Capitol.