Office for Victims of Crime
State-level Replication Guide
 September 2012 Text size: decrease font size increase font size   Send e-mail icon

printer icon Printer-friendly version
Resources
Sample BPI MOU

Memorandum of Understanding for the Reporting and Investigation of Felonies
Committed Against a Person With a Disability

  1. STATEMENT OF PURPOSE
  2. The purpose of this memorandum of understanding (MOU) is to provide a framework for the prompt and effective reporting, investigation, and prosecution of crimes committed against persons with disabilities. This document will identify the reporting and investigating responsibilities of people and agencies providing services to persons with disabilities, their associates, and law enforcement. This MOU shall apply to all felonies involving persons with disabilities occurring in the [Name] District.

  3. PARTICIPATING AGENCIES
  4. District Attorney: [Name]
    [Name] District
    [Address]
    [Telephone Number]

    Disabled Persons Protection Commission (DPPC)
    [Name]
    [Title]
    [Address]
    [Telephone Number]

    State Police Detective Unit (SPDU) assigned to DPPC
    [Name]
    [Title]
    [Address]
    [Telephone Number]

    Department of Developmental Services (DDS)
    [Name]
    [Title]
    [Address]
    [Telephone Number]

    Department of Mental Health (DMH)
    [Name]
    [Title]
    [Address]
    [Telephone Number]

    Massachusetts Rehabilitation Commission (MRC)
    [Name]
    [Title]
    [Address]
    [Telephone Number]

  5. GOALS
  6. Compliance with the terms of this MOU should achieve the following goals:

    • Provide protection, treatment, and continuity of care for persons with disabilities who are victims of a crime.
    • Ensure crimes committed against persons with disabilities are promptly and effectively reported, investigated, and prosecuted.
    • Enhance communication and cooperation between law enforcement and professionals and agencies providing services to persons with disabilities.
    • Increase awareness of crimes committed against persons with disabilities.
  7. REPORTING AND INVESTIGATION OF FELONIES COMMITTED AGAINST PERSONS WITH DISABILITIES
    • For purposes of this MOU, a person with a disability shall mean, "A person between the ages of eighteen to fifty-nine, inclusive, who has a disability, as defined by M.G.L. Chapter 123B, Section 1 and, as a result of such disability, is wholly or partially dependent on others to meet his daily living needs," M.G.L. Chapter 19C, Section 1.
    • Programs licensed, operated, or contracted for by DDS, DMH, and MRC and their employees, in furtherance of their duty as mandated reporters pursuant to M.G.L. Chapter 19C, Sections 10 and 13 to report conditions of death and abuse of persons with disabilities including but not limited to "an act or omission which results in serious physical or emotional injury to a person with a disability," must report the following to DPPC:
      1. All cases in which a person with a disability has died.
      2. All cases in which a person with a disability has been the victim of a violation of M.G.L. Chapter 265, Sections—
        • 13F Indecent Assault and Battery on a Person with an Intellectual Disability.
        • 13H Indecent Assault and Battery on a Person Fourteen or Older.
        • 13K Assault and Battery upon an Elder or Person with a Disability.
        • 22 Rape.
        • 24 Intent to Commit Rape.
      3. All cases in which a person with a disability has been the victim of a violation of M.G.L. Chapter 272, Section 35 (Unnatural and Lascivious Acts).
      4. All cases in which a person with a disability has been sexually exploited, as defined in M.G.L. Chapter 272, Section 3 (Drugging People for Sexual Intercourse) and Section 7 (Support From or Sharing Earnings of Prostitute).
      5. All cases in which a person with a disability has suffered a serious bodily injury as a result of a pattern of repetitive actions or inactions by a caretaker, as defined in M.G.L. Chapter 19C, Section 5(5)(c).
      6. All cases in which a person with a disability has been financially exploited, as defined in M.G.L. Chapter 266, Section 30 (Larceny).
      7. Discretionary referrals including, but not limited to, any felonies.
    • Reports of criminal conduct shall be made to the DPPC Hotline [800–426–9009 or 888–822–0350 (TTY)] for screening by the SPDU assigned to DPPC, pursuant to M.G.L. Chapter 19C, Sections 3(i) and 4(c).
    • Upon receipt of a report of criminal conduct, the DPPC SPDU shall screen the report and, when appropriate, shall immediately report the incident, pursuant to M.G.L. Chapter 19C, Section 5(5) to an assistant district attorney or designee in the Office of the District Attorney for [Name] District:
      1. [Name and Title] may be contacted at [Telephone Number].
      2. [Name and Title] may be contacted at [Telephone Number].
    • To ensure that both DPPC and the district attorney receive the report, the human services agency (DDS, DMH, MRC), upon receiving the report, shall immediately report the matter to the DPPC Hotline [800–426–9009 or 888–822–0350 (TTY)] and to [Name and Title] or designee in the Office of the District Attorney for the [Name] District:
      1. [Name and Title] may be contacted at [Telephone Number].
      2. [Name and Title] may be contacted at [Telephone Number].
      In an emergency, contact [Name and Title of the local state police commander attached to [Name] District Attorney's Office] at [Telephone Number].

      Note: In addition, when necessary and appropriate, notification should be made to other law enforcement agencies and emergency personnel.

    • The district attorney designee for [Name] District shall immediately, but in no event longer than 24 hours upon receipt of said report of criminal conduct, determine if the report warrants further criminal investigation and which entity shall conduct the investigation of the alleged crime. [Name and Title] or designee shall notify DPPC of the determination(s) within said 24-hour period. The district attorney for [Name] District shall retain supervision of any criminal investigation of the matter until said District Attorney's Office has determined that the matter is not appropriate for further criminal investigation or for criminal prosecution.
    • In the event that the district attorney determines that the matter is not appropriate for either criminal investigation or prosecution, the district attorney shall relinquish the matter to DPPC to continue its adult protective services (APS) investigation, otherwise referred to as a civil investigation, pursuant to M.G.L. Chapter 19C, Section 4. If such APS/civil investigation reveals additional facts that may make further criminal investigation or prosecution appropriate, these additional facts shall be immediately reported to DPPC and to [Name and Title] or designee for a determination as to what further action is warranted. After completing the reevaluation of the case, the district attorney's designee shall communicate the results of the reevaluation to the assigned investigator and/or DPPC.
    • When the district attorney assumes jurisdiction of the matter and assigns the case for criminal investigation, the APS/civil investigator shall coordinate his or her investigation with the assigned law enforcement investigator. As long as the district attorney retains jurisdiction of the matter, the district attorney shall supervise the coordination of any criminal and APS/civil investigation.
  8. HUMAN SERVICES CRIMINAL INVESTIGATIONS LIAISONS
  9. Recognizing the importance of cooperation and communication between the human services agencies and the Office of District Attorney [Name], the following individuals have been identified and designated to act as liaisons between the respective agencies and the Office of District Attorney [Name]:

    [Name] District Attorney's Office
    [Name]
    [Title] Assistant District Attorney
    [Telephone Number]

    [Name]
    [Title] Victim Witness Advocate
    [Telephone Number]

    [Name]
    [Title] Interviewer
    [Telephone Number]

    [Name]
    [Title] Coordinator
    [Telephone Number]

    State Police Representative for the [Name] District
    [Name and Title]
    [Telephone Number]

    Disabled Persons Protection Commission
    Primary Contact:
    [Name]
    [Title]
    [Address]
    [Telephone Number]
    [24-Hour Hotline]
    [TTY]
    [Cell]
    [Fax]

    Secondary Contact:
    [Name]
    [Title]
    [Address]
    [Telephone Number]
    [24-Hour Hotline]
    [TTY]
    [Fax]

    State Police Detective Unit at DPPC
    [Name]
    [Title]
    [Address]
    [Telephone Number]

    Department of Developmental Services
    Primary Contact:
    [Name]
    [Title]
    [Address]
    [Telephone Number]
    [Cell]
    [Fax]

    Secondary Contact:
    [Name]
    [Title]
    [Address]
    [Telephone Number]
    [Cell]
    [Fax]

    Department of Mental Health
    Primary Contact:
    [Name]
    [Title]
    [Address]
    [Telephone Number]
    [Cell]
    [Fax]

    Secondary Contact:
    [Name]
    [Title]
    [Address]
    [Telephone Number]
    [Cell]
    [Fax]

    Massachusetts Rehabilitation Commission
    Primary Contact:
    [Name]
    [Title]
    [Address]
    [Telephone Number]
    [Cell]
    [Fax]

    Secondary Contact:
    [Name]
    [Title]
    [Address]
    [Telephone Number]
    [Cell]
    [Fax]

  10. REVIEW AND EVALUATION
  11. Designees of the district attorney, DPPC, DDS, DMH, MRC, and the State Police agree to meet semiannually to review this MOU, assess its effectiveness, and modify it as necessary. The parties agree to keep records of the reports made to the Office of the District Attorney [Name] pursuant to this MOU including but not limited to those reports that result in arrest, prosecution, or both.

    Key factors to the success of this MOU are continuing communication and coordination with a commitment to a rapid response to inquiries and maintaining an updated and accurate list of contact people.

  12. AUTHORIZED SIGNATURES
  13. OFFICE OF THE [NAME] DISTRICT ATTORNEY

    _______________________________________________                Date: ________________
    [Name]
    [Name] District Attorney

    DISABLED PERSONS PROTECTION COMMISSION

    _______________________________________________                Date: ________________
    [Name]
    Executive Director

    MASSACHUSETTS STATE POLICE

    _______________________________________________                Date: ________________
    [Name]
    Superintendent

    DEPARTMENT OF DEVELOPMENTAL SERVICES

    _______________________________________________                Date: ________________
    [Name]
    Commissioner

    DEPARTMENT OF MENTAL HEALTH

    _______________________________________________                Date: ________________
    [Name]
    Commissioner

    MASSACHUSETTS REHABILITATION COMMISSION

    _______________________________________________                Date: ________________
    [Name]
    Commissioner