AG Modifications To CJ Reform Policies: Part 18

The following section was also added to the Attorney General’s Directive:

5.1.2 Inclusion of Present Domestic Violence Risk Factors and Relevant Circumstances in the Affidavit of Probable Cause and/or Preliminary Law Enforcement Incident Report. In domestic violence cases in which the ODARA is administered (see Section 4.6), the Affidavit of Probable Cause and/or the Preliminary Law Enforcement Incident Report shall include concise statements indicating the presence of all risk factors found to exist throw officer’s investigation. For example, if it was determined that the victim was confined during the assault, the Affidavit of Probable Cause and/or the Preliminary Law Enforcement Incident Report shall indicate that the victim was confined. Moreover, in all domestic violence cases (whether the ODARA is scored or note, the Affidavit of Probable Cause and/or the Preliminary Law Enforcement Incident Report shall include circumstances relevant to the risks posed to a victim. See subsection 4.6.10.

This section should define what is meant by “confined”, since the presence of this factor could determine whether an accused is released on a summons or held in the county jail for two days or more while the conditions of pretrial release are set. It could mean held by the arm momentarily with no resulting injury. It could mean chained to a wall for hours or days.

The following section addressing the ODARA was also added to the AG’s Directive:

7.4.2.c Ontario Domestic Assault Risk Assessment Score of 5 or Higher. In domestic violence cases that require the completion of the ODARA and in cases not otherwise covered under Section 7.3, unless the presumption of seeking pretrial detention is overcome pursuant to subsection 7.4.6, the prosecutor shall apply for pretrial detention if the defendant’s final score (i.e., after any proration) is 5 or higher—regardless of the PSA scores. In these domestic violence cases, the ODARA scores are to be considered in conjunction with the PSA scores and not in lieu thereof. As such, either assessment tool or both assessment tools could trigger a presumption to apply for pretrial detention. Likewise, it is anticipated that there will be cases in which neither tool will trigger a presumption.