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.
