Domestic abuse now means jail time

Art Nadler

Monday, March 9, 1998 | 10:10 a.m.

Those who beat their spouses, girlfriends or boyfriends are about to get a rude awakening.

A state law that took effect Jan. 1 mandates that those who plead guilty or those who are found guilty of domestic violence will go to jail on a first offense for no less than two days and no more than six months.

In addition, a first-time offender will be required to complete 48 hours of community service, pay a fine of no less than $200 and attend domestic violence counseling for at least six months at his own expense.

A second offense means jail for 10 days and a third offense will result in a felony charge that could result in a year in prison and a $10,000 fine.

"I expect the number of serious batterers will decline," Las Vegas City Attorney Brad Jerbic predicted. "Holding offenders accountable, and breaking the cycle of violence will result in lowering the homicide rate and domestic violence incidents."

Jerbic said last year alone, 35 deaths in Clark County were related in some way to domestic violence.

Only a handful of states -- such as California and Iowa -- have mandatory jail time for first-time offenders. Though proponents contend it reduces recidivism, some domestic-abuse counselors feel those who batter are being set up to fail.

"What I see is symbolic justice," said one Las Vegas counselor, who requested anonymity for fear of being labeled soft on crime. "They've made counseling a punishment instead of being a corrective phase. Each case should be done on an individual basis. This is a cookie-cutter process."

The counselor said the law doesn't address what happens to people who drop out of mandatory counseling. That rate, the counselor said, hovers between and 50 60 percent.

That person will end up in front of a judge if caught, he said, but the new law doesn't address what should be done.

"I don't think the new law is too tough," said Justice Court Judge Nancy Oesterle. "But I think most judges would like to have some discretion on sentencing. More people will demand trials now, (rather than plead guilty and go to jail) and this will create a backlog in the courts."

Oesterle said she has no choice now, if a person pleads guilty or is found guilty, other than imposing a jail sentence.

Jerry Phillips, supervisor of intake services at the Clark County Detention Center, said he hasn't seen a strain on the jail yet, but expects it to come once people start going through the court system.

"My hunch is this law wouldn't have happened in Nevada if the judges were hard on crime," said Stephanie Avalon of the Battered Women's Justice Project in Minneapolis. "Whether it will end violence in a particular place ... we don't know. But we believe it can be a strong coordinated response that will change the climate in a community. Not many states have this (mandatory jail time)."

Sue Meuschke, of the Nevada Network Against Domestic Violence, said domestic violence in the past has often been treated as a minor offense. She said she thinks batterers will be surprised when they find out they face jail for a first-time offense.

Deputy District Attorney Kristen Nelson said, "I don't think we will see repeat offenders because the penalties are so severe. It does take some of our negotiation power away, but it shows people we are taking domestic violence seriously."

Laurie Schipper, executive director of the Coalition Against Domestic Violence in Iowa, said her state has had a mandatory two-day jail term since 1986. Besides this penalty, batterers are required to take 16 to 24 weeks or domestic violence education classes.

Surprisingly, Schipper said, classes haven't affected instances of domestic violence in Iowa. They plan to study the problem further.

"We don't care whether it (jail time) reduces recidivism," Schipper said. "It gives the woman two days to get her stuff out of the house, to go to a shelter and time to think. At the very minimum, it is a window of opportunity for the battered woman."