2009 California Penal Code - Section 13730-13732 :: Chapter 4. Data Collection

PENAL CODE
SECTION 13730-13732

13730.  (a) Each law enforcement agency shall develop a system, by
January 1, 1986, for recording all domestic violence-related calls
for assistance made to the department including whether weapons are
involved. All domestic violence-related calls for assistance shall be
supported with a written incident report, as described in
subdivision (c), identifying the domestic violence incident. Monthly,
the total number of domestic violence calls received and the numbers
of those cases involving weapons shall be compiled by each law
enforcement agency and submitted to the Attorney General.
   (b) The Attorney General shall report annually to the Governor,
the Legislature, and the public the total number of domestic
violence-related calls received by California law enforcement
agencies, the number of cases involving weapons, and a breakdown of
calls received by agency, city, and county.
   (c) Each law enforcement agency shall develop an incident report
form that includes a domestic violence identification code by January
1, 1986. In all incidents of domestic violence, a report shall be
written and shall be identified on the face of the report as a
domestic violence incident. The report shall include at least all of
the following:
   (1) A notation of whether the officer or officers who responded to
the domestic violence call observed any signs that the alleged
abuser was under the influence of alcohol or a controlled substance.
   (2) A notation of whether the officer or officers who responded to
the domestic violence call determined if any law enforcement agency
had previously responded to a domestic violence call at the same
address involving the same alleged abuser or victim.
   (3) A notation of whether the officer or officers who responded to
the domestic violence call found it necessary, for the protection of
the peace officer or other persons present, to inquire of the
victim, the alleged abuser, or both, whether a firearm or other
deadly weapon was present at the location, and, if there is an
inquiry, whether that inquiry disclosed the presence of a firearm or
other deadly weapon. Any firearm or other deadly weapon discovered by
an officer at the scene of a domestic violence incident shall be
subject to confiscation pursuant to Section 12028.5.

13731.  (a) The San Diego Association of Governments may serve as
the regional clearinghouse for criminal justice data involving
domestic violence. The association may obtain monthly crime
statistics from all law enforcement agencies in San Diego County.
These law enforcement agencies may include their domestic violence
supplements in the monthly crime reports that are supplied to the
association. The association may obtain client-based data regarding
clients or victims of domestic violence who seek protection in San
Diego County shelters.
   (b) Contingent upon the appropriation of funds therefor, the
association shall do all of the following:
   (1) Create a standardized, uniform intake form, to be referred to
as a Compilation of Research and Evaluation Intake Instrument, also
known as C.O.R.E., for use in San Diego County's domestic violence
shelters. This form shall be completed and ready to use in the field
for data collection purposes not later than March 31, 1997. The
C.O.R.E. intake form shall be standardized to compile the same
information from all clients for all shelters.
   (2) Collect and analyze the standardized, uniform intake form in
order to compile information including, but not limited to, victim
sociodemographic characteristics, descriptions of domestic violence
incidents pertaining to each victim and services needed by domestic
violence shelter clients within San Diego County.
   (3) Use the collected client-based data to describe the nature and
scope of violence from the perspective of domestic violence shelter
clients and to determine the service needs of clients and what gaps
in service delivery exist, so that resources can be appropriately
targeted and allocated. All data supplied to the association shall be
stripped of any information regarding the personal identity of an
individual to protect the privacy of domestic violence shelter
clients.
   (4) Establish an advisory committee in order to facilitate the
research effort and to assess the value of the research project. The
advisory committee shall consist of representation from the shelters,
as well as members of the San Diego County Domestic Violence
Council, local justice administrators, and the principal
investigator. The advisory committee shall meet at least four times
before April 30, 1999, to review the progress of the research,
including research methodology, data collection instruments,
preliminary analyses, and work product as they are drafted. Advisory
committee members shall evaluate the final research product in terms
of applicability and utility of findings and recommendations.

13732.  (a) The Legislature finds and declares that a substantial
body of research demonstrates a strong connection between domestic
violence and child abuse. However, despite this connection, child
abuse and domestic violence services and agencies often fail to
coordinate appropriately at the local level. It is the intent of the
Legislature in enacting this section to improve preventative and
supportive services to families experiencing violence in order to
prevent further abuse of children and the victims of domestic
violence. It is the further intent of this section that child
protective services agencies develop a protocol which clearly sets
forth the criteria for a child protective services response to a
domestic violence related incident in a home in which a child
resides.
   (b) Commencing January 1, 2003, child protective services
agencies, law enforcement, prosecution, child abuse and domestic
violence experts, and community-based organizations serving abused
children and victims of domestic violence shall develop, in
collaboration with one another, protocols as to how law enforcement
and child welfare agencies will cooperate in their response to
incidents of domestic violence in homes in which a child resides. The
requirements of this section shall not apply to counties where
protocols consistent with this section already have been developed.


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