AN ACT
Relating to services for victims of sexual abuse; amending RCW 43.280.010,
43.280.020, 43.280.050, 43.280.060, 70.125.030, 70.125.080, and 74.14B.060;
adding a new section to chapter 70.125 RCW; adding a new section to chapter
70.14B RCW; creating a new section; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
Washington state sexual assault services advisory committee issued a report to
the department of community, trade, and economic development and the department
of social and health services in June of 1995. The committee made several
recommendations to improve the delivery of services to victims of sexual abuse
and assault: (1) Consolidate the administration and funding of sexual assault
and abuse services in one agency instead of splitting those functions between
the department of social and health services and the department of community,
trade, and economic development; (2) adopt a funding allocation plan to pool
all funds for sexual assault services and to distribute them across the state
to ensure the delivery of core and specialized services; (3) establish service,
data collection, and management standards and outcome measurements for recipients
of grants; and (4) create a data collection system to gather pertinent data
concerning the delivery of sexual assault services to victims.
The
legislature approves the recommendations of the advisory committee and
consolidates the functions and funding for sexual assault services in the
department of community, trade, and economic development to implement the
advisory committee's recommendations.
The
legislature does not intend to effect a reduction in service levels within
available funding by transferring department of social and health services'
powers and duties to the department of community, trade, and economic
development. At a minimum, the department of community, trade, and economic
development shall distribute the same percentage of the services it provides
victims of sexual assault and abuse, pursuant to RCW 43.280.020, 70.125.080,
and 74.14B.060, to children as were distributed to children through these
programs in fiscal year 1996.
Sec.
2. RCW
43.280.010 and 1990 c 3 s 1201 are each amended to read as follows:
The
legislature recognizes the need to increase the services available to the
victims of sex offenders. The legislature also recognizes that these services
are most effectively planned and provided at the local level through the
combined efforts of concerned community and citizens groups, treatment
providers, and local government officials. The legislature further recognizes
that adequate treatment for victims is not only a matter of justice for the
victim, but also a method by which additional abuse can be prevented.
The
legislature intends to enhance the community-based treatment services available
to the victims of sex offenders by:
(1)
Providing consolidated funding support for local treatment programs
which provide services to victims of sex offenders;
(2)
Providing technical assistance and support to help communities plan for and
provide treatment services; ((and))
(3) Providing
sexual assault services with a victim-focused mission, and consistent
standards, policies, and contracting and reporting requirements; and
(4)
Providing communities and local treatment providers with opportunities to share
information about successful prevention and treatment programs.
Sec.
3. RCW
43.280.020 and 1995 c 399 s 113 are each amended to read as follows:
There
is established in the department of community, trade, and economic development
a grant program to enhance the funding for treating the victims of sex
offenders. Activities that can be funded through this grant program are
limited to those that:
(1)
Provide effective treatment to victims of sex offenders;
(2)
Increase access to and availability of treatment for victims of sex offenders,
particularly if from underserved populations; and
(3)
Create or build on efforts by existing community programs, coordinate those
efforts, or develop cooperative efforts or other initiatives to make the most
effective use of resources to provide treatment services to these victims.
Funding
((priority)) shall be given to those applicants that ((represent
well-established existing programs and applicants that represent new programs
that are being created in geographic areas where no programs presently exist))
emphasize providing stable, victim-focused sexual abuse services and possess
the qualifications to provide core services, as defined in RCW 70.125.030.
Funds for specialized services, as defined in RCW 70.125.030, shall be
disbursed through the request for proposal or request for qualifications
process.
Sec.
4. RCW
43.280.050 and 1990 c 3 s 1206 are each amended to read as follows:
At a
minimum, grant applications must include the following:
(1)
The geographic area from which the victims to be served are expected to come;
(2) A
description of the extent and effect of the needs of these victims within the
relevant geographic area;
(3) An
explanation of how the funds will be used, their relationship to existing
services available within the community, and the need that they will fulfill;
(4) An
explanation of what organizations were involved in the development of the
proposal; ((and))
(5) Documentation
of capacity to provide core and specialized services, as defined in RCW
70.125.030, provided by the applicant, how the applicant intends to comply with
service, data collection, and management standards established by the
department; and
(6)
An evaluation methodology.
Sec.
5. RCW
43.280.060 and 1995 c 399 s 114 are each amended to read as follows:
(1)
Subject to funds appropriated by the legislature, the department of community,
trade, and economic development shall make awards under the grant program
established by RCW 43.280.020.
(2) ((Awards
shall be made competitively based on the purposes of and criteria in this
chapter.
(3))) To aid
the department of community, trade, and economic development in making its funding
determinations, the department shall form a peer review committee
comprised of ((the executive administrator for the crime victims' advocacy
office and)) individuals who ((have experience in the treatment of
victims of predatory violent sex offenders)) are knowledgeable or
experienced in the management or delivery of treatment services to victims of
sex offenders. The peer review committee shall advise the department on
the extent to which each eligible applicant meets the ((purposes and
criteria of this chapter)) treatment and management standards, as
developed by the department. The department shall consider this advice in
making awards.
(((4)))
(3) Activities funded under this section may be considered for funding
in future years, but shall be considered under the same terms and criteria as
new activities. Funding under this chapter shall not constitute an obligation
by the state of Washington to provide ongoing funding.
Sec.
6. RCW
70.125.030 and 1988 c 145 s 19 are each amended to read as follows:
As
used in this chapter and unless the context indicates otherwise:
(1) "Core
services" means treatment services for victims of sexual assault including
information and referral, crisis intervention, medical advocacy, legal
advocacy, support, and system coordination.
(2)
"Department" means the department of ((social and health services))
community, trade, and economic development.
(((2)))
(3) "Law enforcement agencies" means police and sheriff's
departments of this state.
(((3)))
(4) "Personal representative" means a friend, relative,
attorney, or employee or volunteer from a ((rape crisis center)) community
sexual assault program or specialized treatment service provider.
(((4)))
(5) "Rape crisis center" means a community-based social
service agency which provides services to victims of sexual assault.
(((5)
"Secretary" means the secretary of the department of social and
health services.))
(6) "Community
sexual assault program" means a community-based social service agency that
is qualified to provide and provides core services to victims of sexual
assault.
(7)
"Sexual assault" means one or more of the following:
(a)
Rape or rape of a child;
(b)
Assault with intent to commit rape or rape of a child;
(c)
Incest or indecent liberties; ((or))
(d) Child
molestation;
(e)
Sexual misconduct with a minor;
(f)
Crimes with a sexual motivation; or
(g)
An attempt to commit any of the aforementioned offenses.
(((7)))
(8) "Specialized services" means treatment services for victims of
sexual assault including support groups, therapy, specialized sexual assault
medical examination, and prevention education to potential victims of sexual
assault.
(9)
"Victim" means any person who suffers physical and/or mental anguish
as a proximate result of a sexual assault.
Sec.
7. RCW
70.125.080 and 1991 c 267 s 3 are each amended to read as follows:
(1) ((Rape
crisis centers which)) Community sexual assault programs that are
eligible for funding from the department ((of social and health services))
under this chapter ((70.125 RCW)) may apply for grants for the
purpose of hiring ((and)), training, and supervising
victim advocates to provide core services to assist victims and their
families through the investigation ((and)), prosecution ((of)),
and treatment process that resulted from a sexual assault ((cases. The
victim advocates shall complete a training program either through the criminal
justice training program under RCW 43.101.270 or, at the election of the rape
crisis center, a training program to be designed and administered by the
Washington association of prosecuting attorneys and the Washington coalition of
sexual assault programs.
(2)
Twenty-five percent of the funding for the victim advocate grants under this
section must be provided by one or more local, municipal, or county source,
either public or private)). The department shall seek,
receive, and make use of any funds which may be available from federal or other
sources to augment state funds appropriated for the purpose of this section,
and shall make every effort to qualify for federal funding.
Sec.
8. RCW
74.14B.060 and 1990 c 3 s 1402 are each amended to read as follows:
(1) Treatment
services for children who have been sexually assaulted must be designed and
delivered in a manner that accommodates their unique developmental needs and
also considers the impact of family dynamics on treatment issues. In addition,
the complexity of the civil and criminal justice systems requires that children
who are involved receive appropriate consideration and attention that
recognizes their unique vulnerability in a system designed primarily for
adults.
(2)
The department of ((social and health services through its division of
children and family services)) community, trade, and economic
development shall provide, subject to available funds, comprehensive sexual
assault services to sexually abused children and their families. The
department shall provide treatment services by qualified, registered,
certified, or licensed professionals on a one-to-one or group basis as may
be deemed appropriate.
(((2)))
(3) Funds appropriated under this section shall be provided solely for
contracts or direct purchase of specific treatment services from community
organizations and private service providers for child victims of sexual assault
and sexual abuse. Funds shall be disbursed through the request for proposal or
request for qualifications process.
(((3)))
(4) As part of the request for proposal or request for qualifications
process the department of ((social and health services)) community,
trade, and economic development shall ensure that there be no duplication
of services with existing programs including the crime victims' compensation
program as provided in chapter 7.68 RCW. The department shall also ensure that
victims exhaust private insurance benefits available to the child victim before
providing services to the child victim under this section.
NEW
SECTION. Sec. 9. A new
section is added to chapter 70.125 RCW to read as follows:
The
powers and duties of the department of social and health services under this
chapter shall be transferred to the department of community, trade, and
economic development on the effective date of this act. The department of
social and health services shall transfer all unspent appropriated funds,
records, and documents necessary to facilitate a successful transfer.
NEW
SECTION. Sec. 10. A new
section is added to chapter 70.14B RCW to read as follows:
The
powers and duties of the department of social and health services to provide
services and funding for services to sexually abused children under RCW
74.14B.060 shall be transferred to the department of community, trade, and
economic development on the effective date of this act. The department of
social and health services shall transfer all unspent appropriated funds,
records, and documents necessary to facilitate a successful transfer.
NEW SECTION. Sec. 11. This act
shall take effect July 1, 1996.
