|Passed by the Senate March 7, 2011|
President of the Senate
Passed by the House April 6, 2011
Speaker of the House of Representatives
I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5395 as passed by the Senate and the House of Representatives on the dates hereon set forth.
Governor of the State of Washington
Secretary of State
State of Washington
|State of Washington||62nd Legislature||2011 Regular Session|
Read first time 01/24/11. Referred to Committee on Human Services & Corrections.
AN ACT Relating to domestic violence fatality review panels; and amending RCW 43.235.020, 43.235.030, and 43.235.800.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.235.020 and 2000 c 50 s 2 are each amended to read
(1) Subject to the availability of state funds, the department shall contract with an entity with expertise in domestic violence policy and education and with a statewide perspective to coordinate review of domestic violence fatalities. The coordinating entity shall be authorized to:
(a) Convene regional review panels;
(b) Convene statewide issue-specific review panels;
(c) Gather information for use of regional or statewide issue-specific review panels;
(c))) (d) Provide training and technical assistance to regional
or statewide issue-specific review panels;
(d))) (e) Compile information and issue (( biennial)) reports with
(e))) (f) Establish a protocol that may be used as a guideline
for identifying domestic violence related fatalities, forming review
panels, convening reviews, and selecting which cases to review. The
coordinating entity may also establish protocols for data collection
and preservation of confidentiality.
(2)(a) The coordinating entity may convene a regional or statewide issue-specific domestic violence fatality review panel to review any domestic violence fatality.
(b) Private citizens may request a review of a particular death by submitting a written request to the coordinating entity within two years of the death. Of these, the appropriate regional review panel may review those cases which fit the criteria set forth in the protocol for the project.
Sec. 2 RCW 43.235.030 and 2000 c 50 s 3 are each amended to read
(1) Regional domestic violence fatality review panels ((
include (( but not be limited to)), as appropriate, the following:
(a) Medical personnel with expertise in domestic violence abuse;
(b) Coroners or medical examiners or others experienced in the field of forensic pathology, if available;
(c) County prosecuting attorneys ((
and)) or municipal attorneys;
(d) Domestic violence shelter service staff ((
and)) or domestic
violence victims' advocates;
(e) Law enforcement personnel;
(f) Local health department staff;
(g) Child protective services workers;
(h) Community corrections professionals;
(i) Perpetrator treatment program provider; ((
(j) School teachers, guidance counselors, or student health services staff; and
(k) Judges, court administrators, and/or their representatives.
(2) Regional domestic violence fatality review panels may also invite other relevant persons to serve on an ad hoc basis and participate as full members of the review ((
team [panel])) panel for a
particular review. These persons may include, but are not limited to:
(a) Individuals with particular expertise helpful to the regional review panel;
(b) Representatives of organizations or agencies that had contact with or provided services to the homicide victim or to the alleged perpetrator.
(3) The regional review panels shall make periodic reports to the coordinating entity and shall make a final report to the coordinating entity with regard to every fatality that is reviewed.
(4) Statewide issue-specific panels must include persons with particular subject matter expertise helpful to the panel. The statewide issue-specific review panels must make periodic reports to the coordinating entity and must make a final report to the coordinating entity for every fatality that is reviewed.
Sec. 3 RCW 43.235.800 and 2000 c 50 s 7 are each amended to read
(1))) A biennial statewide report shall be issued by the
coordinating entity in December of even-numbered years, ending in 2010.
The coordinating entity may subsequently issue periodic reports
containing recommendations on policy changes that would improve program
performance, and issues identified through the work of the regional
panels. Copies of this report shall be distributed to the governor,
(( the house of representatives children and family services and
criminal justice and corrections committees, and the senate human
services and corrections and judiciary)) to the appropriate legislative
committees, and to those agencies involved in the regional domestic
violence fatality review panels.
(2) The annual report in December 2010 shall contain a
recommendation as to whether or not the domestic violence review
process provided for in this chapter should continue or be terminated
by the legislature.))