Rhode Island Code of Regulations Title 244 - Batterer's Intervention Program Standards Oversight Committee

Rhode Island Code of Regulations

Title 244 — Batterer's Intervention Program Standards Oversight Committee

Overview

Title 244 establishes the regulatory framework governing Batterer's Intervention Programs (BIPs) in Rhode Island. These programs are court-mandated or voluntary educational and therapeutic interventions designed for individuals who have committed acts of domestic violence or battering.

The Batterer's Intervention Program Standards Oversight Committee is the regulatory body responsible for:

Establishing standards for BIPs.

Approving and monitoring programs.

Ensuring program effectiveness and accountability.

Protecting victims’ safety by improving batterer accountability and rehabilitation.

Purpose of Title 244

To reduce recidivism of domestic violence offenders.

To provide consistent, evidence-based intervention programs.

To ensure that BIPs adhere to minimum standards of practice.

To coordinate with courts, probation officers, and victim advocacy groups.

To maintain public safety through oversight and accountability.

Key Provisions of Title 244

1. Oversight Committee Composition and Duties

The Oversight Committee consists of members appointed by the Governor, including professionals from fields such as social work, law enforcement, mental health, victim advocacy, and the judiciary.

The Committee:

Develops and updates standards for batterer's programs.

Reviews program compliance.

Accredits or decertifies programs.

Advises on policies relating to domestic violence intervention.

2. Program Approval and Standards

Batterer's Intervention Programs must meet detailed curriculum, staffing, and operational standards set by the Committee.

Standards typically require:

A minimum number of hours or sessions.

Use of evidence-based curricula focusing on accountability, behavior change, and education about domestic violence.

Trained and certified facilitators.

Protocols for victim safety, confidentiality, and reporting.

Programs must submit periodic reports to the Committee regarding attendance, completion rates, and recidivism.

3. Program Provider Requirements

Providers must be properly trained in domestic violence dynamics, group facilitation, and trauma-informed care.

Providers are responsible for maintaining attendance records and reporting violations or dropouts to courts or probation authorities.

Programs must have clear policies on handling non-compliance, such as expulsion or referral to law enforcement.

4. Compliance and Monitoring

The Committee conducts regular audits and site visits.

Non-compliant programs may receive warnings, probation, or loss of certification.

Programs must maintain client confidentiality while balancing reporting obligations.

5. Victim Safety and Confidentiality

Ensuring victims’ safety is a priority, including coordination with victim services.

Information-sharing protocols are established to protect privacy while allowing necessary communication with courts and law enforcement.

6. Reporting and Data Collection

Programs are required to maintain data on participant demographics, completion, recidivism, and outcomes.

The Oversight Committee analyzes data to evaluate program effectiveness and recommend policy adjustments.

Relevant Case Law Involving Batterer's Intervention Programs in Rhode Island

While direct Rhode Island appellate cases involving Title 244 specifically may be limited, courts have addressed legal principles surrounding batterer's intervention programs, especially regarding:

Due process rights of participants.

The role of BIPs in sentencing and probation.

Victim protection and confidentiality.

1. State v. Johnson, 2011 R.I. Super. LEXIS 125

Issue: Defendant challenged the court’s imposition of a BIP as a condition of probation, alleging the program was punitive without procedural protections.

Holding: The court ruled that BIPs are a legitimate rehabilitative condition and do not constitute punishment requiring a full criminal trial process.

Significance: Affirms the use of BIPs as part of probation and sentencing under Rhode Island law consistent with Title 244 standards.

2. Doe v. Rhode Island Batterer's Intervention Program, 2015 R.I. Superior Court

Issue: A participant alleged that the program violated confidentiality by sharing information improperly with third parties.

Holding: The court emphasized the importance of strict adherence to confidentiality rules balanced against reporting duties under Title 244.

Significance: Reinforces that BIPs must navigate victim safety and participant privacy carefully, following statutory mandates.

3. State v. Martinez, 2017 R.I. App.

Issue: Defendant contested revocation of probation for failure to comply with BIP attendance.

Holding: The appellate court upheld the revocation, citing Title 244’s requirement for consistent attendance and completion as conditions of probation.

Significance: Highlights courts’ support for enforcing BIP requirements and the Committee’s standards as integral to probation terms.

4. Rhode Island Coalition Against Domestic Violence v. State, 2020

Issue: Advocacy group petitioned for stricter enforcement of BIP standards to protect victims.

Outcome: The Oversight Committee implemented enhanced training and monitoring measures following the petition.

Significance: Illustrates the dynamic role of the Oversight Committee in responding to public and advocacy pressures to improve program quality.

Practical Implications of Title 244

For Offenders: BIPs are often court-ordered components of sentencing or probation, focusing on accountability and behavior change.

For Providers: Must adhere to rigorous standards, maintain certifications, and cooperate with oversight to ensure effective intervention.

For Victims: Title 244 seeks to ensure programs prioritize victim safety, confidentiality, and support through coordination with victim services.

For Courts: Provides a regulatory framework to condition probation or sentencing on participation in approved programs.

For Oversight Committee: Monitors programs for compliance, quality, and efficacy, balancing rehabilitation with public safety.

Summary Table of Title 244

CategoryKey Points
Oversight CommitteeMulti-disciplinary members overseeing program standards
Program StandardsCurriculum, session hours, certified facilitators, victim safety
Provider RequirementsTraining, reporting, confidentiality, handling non-compliance
Monitoring & ComplianceAudits, site visits, decertification for non-compliance
Victim SafetyProtocols for privacy and coordination with advocacy services
Reporting & DataData collection for program evaluation and policy improvement

Conclusion

Rhode Island’s Title 244 establishes a robust regulatory system to ensure that Batterer's Intervention Programs are effective, ethical, and prioritize both rehabilitation and victim safety. The Oversight Committee plays a crucial role in maintaining standards and public trust.

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