Georgia’s At-Risk Adult Abuse, Neglect and Exploitation (ANE) Work Group:

How We Started and Where We Are Now

Director Vernon M. KeenanGeorgia Bureau of Investigation

Abuse, Neglect & Exploitation (ANE) Work Group

In November 2011, an emerging crime trend was recognized where individuals targeted adults with intellectual disabilities, mental illness and cognitive impairments for the sole purpose of exploitation.

In March 2012, a small group of individuals from various state and local agencies met at GBI to discuss the emerging trend.

One month later, GBI convened a meeting consisting of approximately 50 professionals representing state, local and federal agencies.

The group became known as the At-Risk Adult Abuse, Neglect and Exploitation (ANE) Work Group. Since the initial meeting in 2012, professionals comprising the ANE Work Group have been meeting to address crimes targeting at-risk adults (older adults and adults with disabilities).

Obstacles Identified/Addressed by ANE Work Group

Data Sharing: HIPAA and agency imposed data sharing limitations

Limited law enforcement efforts addressed

Criminal Justice System’s lack of knowledge regarding at-risk adult abuse related crimes

Lack of 24/7 victim services and emergency shelter

Failure of mandated reporters to report to appropriate agencies

Obstacles Identified/Addressed by ANE Work Group

Financial exploitation is:

Pandemic

Treated as a civil matter

Complicated by requirements of financial institutions for law enforcement to obtain records

Obstacles Identified/Addressed by ANE Work Group

Unlicensed Personal Care Homes (unPCHs) are increasing in number and are often referred to code enforcement without involving law enforcement (ordinance violations instead of felony charges)

Prosecutors often have evidence hurdles related to victim/witnesses who are older or have disabilities

Adult crime victims cannot be “deprived” or made to do anything they do not wish to do

HB 78 – Elder Abuse

It makes it easier to take depositions of the elderly to preserve testimony in criminal proceedings.

It also changes provisions related to the reporting of abuse or exploitation of residents in long-term care facilities; and

It changes provisions relating to cruelty to a person 65 years of age or older

It also moves relevant criminal penalties from Title 30 into Title 16.

Elder Person

A person 65 years of age or older

Disabled Adult

A person 18 years of age or older who is mentally or physically incapacitated or has Alzheimer’s disease or dementia.

The Structure of HB 78

HB 78 made significant changes to provisions in Titles 16, 17, 24, 30 and 31 relating to crimes and offenses involving the elderly. The changes include:

A streamlined method for taking depositions of elderly persons to preserve testimony in criminal proceedings;

Changes in the provisions relating to the protection of disabled adults and elderly persons;

Changes in the provisions relating to cruelty to a person 65 years of age or older;

Shifting relevant criminal penalties from Title 30 into Title 16.

Elder Neglect: Now in Title 16

HB 78 moves the crimes against “Elder Persons” from Title 30 to Title 16 with other Crimes and Offenses

The relocated crimes now refer to “neglect” of elderly victims, rather than to “cruelty.”

O.C.G.A. § 16-5-100 Definitions

Notable Definitions in this new Code Section include:

Alzheimer’s disease, O.C.G.A.§ 16-5-101(1).

Dementia, O.C.G.A. § 16-5-101(2).

Disabled Adult, O.C.G.A. § 16-5-101(3).

Elder Person, O.C.G.A. § 16-5-101(4). “[A] person 65 years of age or older”

O.C.G.A. § 16-5-100 Definitions

Notable Definitions in this new Code Section include:

Essential Services, O.C.G.A. § 16-5-101(5).

Exploit, O.C.G.A. § 16-5-101(6). NOTE: The new definition includes “undue

influence, coercion, harassment, duress, deception . . . or other similar means.”

Sexual Abuse, O.C.G.A. § 16-5-101(9). The definition used here is intentionally expansive.

Accomplishments to Date

2012

Identification of “Obstacles” & Executive Summary to Governor

2013

Georgia Chiefs of Police – White Paper

Roll Call Training Video produced and paid for with GBI Drug Seizure Funds

Georgia Public Broadcasting (GPB) Program “Elder Abuse”

HB78 (2013) – massive change in Georgia law related to at-risk adult abuse including GBI having jurisdiction in at-risk adult cases

One-day training seminar

Accomplishments to Date

2014

Prosecutor’s Manual Updated (first update since 1998)

One-day training seminar

At-Risk Adult Abuse Model Protocol developed and deployed

SOP for emergency relocation teams

Joint Study Committee – Emergency Relocations

Accomplishments to Date

2015

HB72 which provides:

Venue – where victims lives

RICO prosecutions

Speedy trial requests by state

Expands definition of “disabled adult”

Expands definition of “financial institution” to include investment companies and makes them mandated reporters (with immunity for reporting)

Accomplishments to Date

2015 (Continued)

Prohibits persons with felonies for unPCH from operating PCHs

Eliminates exclusion of evidence obtained with inspection warrant

Prosecutor training development

Medical Examiner/Coroner training

Research Project – Suspicious Deaths

Financial Exploitation Work Group

Accomplishments to Date 2015 (Continued)

8 GBI Agents “At-Risk Adult Abuse Specialists” and a supervisor position (Assistant Special Agent in Charge)

Georgia Abuse, Neglect & Exploitation app for android devices launched

Temporary Emergency Relocation Funds (for victims) available for law enforcement access when caretaker is removed from the home

Elder Abuse IIHB 72 – Representative Wendell Willard

HB 72 extends the protections of previously passed HB 78 (2013) related to Abuse and Exploitation of vulnerable adults.

Signed by Governor on May 5, 2015; Effective July 1, 2015

Crimes and Offenses

OCGA § 16-5-100 gets a new definition of “mentally or physically incapacitated.”

OCGA § 16-5-103 gets a new provision, including a county where any act was performed in furtherance or where the victim resides.

RICO and Accelerated Trials

Elder Abuse statutes added to the Georgia RICO definitions to allow for prosecution of criminal enterprises.

Allows the State to request preferred scheduling in cases of elderly and disabled abuse. Note: This statute is discretionary and not mandatory.

Expanded Reporting

Brokerage firms and other investments entities are clearly now mandatory reporters of elderly/disabled abuse and exploitation

Clarifies that an adult protective agency may make a reasonable determination whether a crime has been committed before they have to report to law enforcement. Clarifies that it is a continuing obligation during their investigation.

Inspection Warrants and Exclusion of Evidence

Creates a process and procedure for the securing of inspection warrants on personal care homes that follows concepts of due process.

Repeals the provision that excludes the use of evidence obtained during personal care home inspections.

Licensed Personal Care Homes

Prohibits a person convicted of a felony violation operating an unlicensed personal care home from holding a license to operate a personal care home.

Added to HB 72 on the Last Day

Allows a court in a 10-13 (involuntary commitment for mental health issues) situation to release information about the patient’s HIV diagnosis.

Representative Bert Reeves’ first bill on the House floor.