SLS 14RS-2893 ORIGINAL Page 1 of 8 Regular Session, 2014 SENATE CONCURRENT RESOLUTI ON NO. 118 BY SENATOR BROWN DOMESTIC VIOLENCE. Establishes and provides for the Louisiana Domestic Violence Commission. A CONCURRENT RESOLUTI ON1 To create and provide for the Louisiana Domestic Violence Commission.2 WHEREAS, domestic violence is a national topic of concern that affects 1.3 million3 Americans annually indiscriminate of race, age, gender, or economic status; and4 WHEREAS, domestic violence often manifests itself as physical injury to the victim5 by an intimate partner, yet psychological trauma may also be heaped on the victim through6 either domination behaviors, intimidation, emotional abuse, or stalking; and7 WHEREAS, another disturbing statistic is that children witness the domestic abuse8 firsthand or are often victims of abuse during the altercation; they become collateral damage9 in violent home environments; they often become adults who abuse or become subjugated10 victims themselves and the cycle of degradation continues unabated; and11 WHEREAS, domestic violence assails an individual's right to privacy, dignity,12 security, and humanity, inflicts physical, emotional, and financial injury on its victims, and13 exists in every segment of our population; and14 WHEREAS, according to information published by the Louisiana Coalition Against15 Domestic Violence, Louisiana leads the nation in domestic homicides and has done so since16 1997 with at least one domestic homicide in every parish of the state in 2009, and with a17 total of 71 deaths statewide in 2011; and18 SCR NO. 118 SLS 14RS-2893 ORIGINAL Page 2 of 8 WHEREAS, according to the Louisiana Coalition Against Domestic Violence from1 2010 through 2012 there were 178 deaths due to domestic violence and of those 74% were2 committed with firearms and 37% of the offenders had a prior history of domestic violence3 or other violent crimes and there were 16 multiple victim incidents resulting in 35 deaths,4 practically all of which were committed with firearms; and 5 WHEREAS, in Louisiana, the murder rate most recently measured at 40% higher6 than the national average and has been twice the national average in recent years, with more7 than eighty percent of women being murdered by a husband, partner, or ex-partner; and8 WHEREAS, the state has a higher than average rate of multiple-death domestic9 violence incidents; and10 WHEREAS, in 2012 there was an increase of 800 crisis calls to the statewide hotline,11 about a 15% rise over 2011; Louisiana's eighteen domestic violence centers received over12 35,000 calls in 2012, and the Metropolitan Center for Women and Children, which serves13 the parishes of Orleans, Jefferson, St. Bernard, Plaquemines, St. Tammany, St. Charles, St.14 John the Baptist, and St. James, received 5,000 calls in 2013; and15 WHEREAS, in a survey of one 24-hour period on September 17, 2013, in Louisiana16 there were 721 domestic violence victims and their children who received services; 334 calls17 to domestic violence hotlines were answered; 167 requests from domestic violence victims18 were turned down because programs did not have the resources to provide them; and 34%19 of unmet requests were from victims who had chosen to flee their abusers, and were seeking20 safe emergency or transitional housing; and 21 WHEREAS, it is crucial that a comprehensive review of all existing public and22 private domestic violence programs be undertaken to identify gaps in prevention and23 intervention services and to increase coordination among public and private programs to24 strengthen prevention and intervention services in Louisiana.25 THEREFORE, BE IT RESOLVED that the Louisiana Domestic Violence Prevention26 Commission is hereby created to:27 (1) Assist local and state leaders in developing and coordinating domestic violence28 programs.29 (2) Conduct a continuing comprehensive review of all existing public and private30 SCR NO. 118 SLS 14RS-2893 ORIGINAL Page 3 of 8 domestic violence programs to identify gaps in prevention and intervention services and to1 increase coordination among public and private programs to strengthen prevention and2 intervention services.3 (3) Make recommendations with respect to domestic violence prevention and4 intervention.5 (4) Develop a state needs assessment and a comprehensive and integrated service6 delivery approach that meets the needs of all domestic violence victims.7 (5) Establish a method to transition domestic violence service providers toward8 evidence-based national best practices focusing on outreach and prevention.9 (6) Develop a plan that ensures state laws on domestic violence are properly10 implemented and provides training to law enforcement and the judiciary.11 (7) Develop a framework to collect and integrate data and measure program12 outcomes.13 BE IT FURTHER RESOLVED that the commission shall be composed of eighteen14 members as follows:15 (1) The executive director of the Louisiana Sheriffs' Association or his designee.16 (2) The executive director of the Louisiana Coalition Against Domestic Violence or17 his designee.18 (3) The executive director of the Louisiana District Attorneys Association or his19 designee.20 (4) The executive director of the New Orleans Family Justice Center or his designee.21 (5) The chair of the Louisiana Legislative Women's Caucus or her designee.22 (6) The chairman of the House Committee on the Administration of Criminal Justice23 or his designee.24 (7) The chairman of the Senate Committee on Judiciary B or his designee.25 (8) One district court judge with experience in criminal law matters, selected by the26 president of the Louisiana District Court Judges Association.27 (9) One district court judge with experience in family law matters, selected by the28 president of the Louisiana District Court Judges Association.29 (10) The president of the Louisiana Clerks of Court Association or his designee.30 SCR NO. 118 SLS 14RS-2893 ORIGINAL Page 4 of 8 (11) One representative of the Department of Justice, office of the attorney general1 or his designee.2 (l2) The executive director of the Louisiana Commission on Law Enforcement and3 Administration of Criminal Justice or his designee.4 (13) The secretary of the Department of Children and Family Services or his5 designee.6 (14) The secretary of the Department of Health and Hospitals or his designee.7 (15) One representative of the Louisiana Association of Criminal Defense Lawyers8 or his designee.9 (16) One representative of the Bureau of Alcohol, Tobacco, Firearms and Explosives10 or his designee.11 (17) One attorney licensed to practice law in this state who has at least five years12 experience in representing victims of domestic violence who seek protective orders13 appointed by the governor.14 (18) The executive director of a shelter-based or direct service program provider for15 victims of domestic violence appointed by the governor.16 BE IT FURTHER RESOLVED that:17 (1) The commission shall select one of the commission members to serve as18 chairman and another member shall be selected by the commission members as secretary.19 (2) Members of the commission shall serve for a term concurrent with that of the20 governor.21 (3) Commission members shall serve without compensation or per diem, except that22 legislative members of the commission shall receive the same per diem and reimbursement23 of travel expenses as is provided for legislative committees under the rules of the respective24 house. 25 (4) The commission shall hold public meetings quarterly except as otherwise26 provided by vote of the commission or by order of the chairman.27 (5) A majority of the commission membership shall constitute a quorum for the28 transaction of business.29 (6) The commission may establish subcommittees within the commission and30 SCR NO. 118 SLS 14RS-2893 ORIGINAL Page 5 of 8 appoint members to those subcommittees, including persons outside of the commission1 membership, as it deems necessary and appropriate to accomplish its goals.2 (7) The Department of Children and Family Services shall provide to the3 commission such clerical, administrative, and technical assistance and support as may be4 necessary to enable the commission to accomplish its goals.5 BE IT FURTHER RESOLVED that the commission shall seek input from, and6 engage in dialogue with, the Louisiana Sentencing Commission, regarding domestic violence7 and its victims and perpetrators, particularly with regard to a review of Louisiana's8 sentencing structure seeking to ensure the imposition of appropriate and just criminal9 sanctions and to make the most efficient use of the correctional system and community10 resources.11 BE IT FURTHER RESOLVED that the commission shall foster public policies,12 human service reforms, and community support that more effectively meet the needs of13 today's vulnerable children and families who are victims of domestic violence, particularly14 the restoration of normalcy for both the victims and perpetrators of domestic violence.15 BE IT FURTHER RESOLVED that the commission shall annually issue a report of16 its findings and recommendations to the governor, the speaker of the House of17 Representatives, and the president of the Senate, with its initial report being submitted on18 or before February 1, 2015, and no later than the first day of February each year thereafter.19 BE IT FURTHER RESOLVED that the report may include any recommendations20 for legislation that it deems necessary and appropriate provided that legislation may only be21 recommended by the commission upon approval by a two-thirds vote of the commission22 members present.23 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the24 the executive director of the Louisiana Sheriffs' Association, the executive director of the25 Louisiana Coalition Against Domestic Violence or his designee, the executive director of26 the Louisiana District Attorneys Association or his designee, the executive director of the27 New Orleans Family Justice Center or his designee, the chair of the Louisiana Legislative28 Women's Caucus or her designee, the president of the Louisiana District Court Judges29 Association, the president of the Louisiana Clerks of Court Association, the attorney general,30 SCR NO. 118 SLS 14RS-2893 ORIGINAL Page 6 of 8 the executive director of the Louisiana Commission on Law Enforcement and1 Administration of Criminal Justice, the secretary of the Department of Children and Family2 Services, the secretary of the Department of Health and Hospitals, the Louisiana Association3 of Criminal Defense Lawyers, the Bureau of Alcohol, Tobacco, Firearms and Explosives,4 the Louisiana Sentencing Commission, and the governor.5 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Jerry J. Guillot. DIGEST Brown SCR No. 118 Creates the Louisiana Domestic Violence Prevention Commission to: (1)Assist local and state leaders in developing and coordinating domestic violence programs. (2)Conduct a continuing comprehensive review of all existing public and private domestic violence programs to identify gaps in prevention and intervention services and to increase coordination among public and private programs to strengthen prevention and intervention services. (3)Make recommendations with respect to domestic violence prevention and intervention. (4)Develop a state needs assessment and a comprehensive and integrated service delivery approach that meets the needs of all domestic violence victims. (5)Establish a method to transition domestic violence service providers toward evidence-based national best practices focusing on outreach and prevention. (6)Develop a plan that ensures state laws on domestic violence are properly implemented and provides training to law enforcement and the judiciary. (7)Develop a framework to collect and integrate data and measure program outcomes. Provides that the commission shall be composed of 18 members as follows: (1)The executive director of the Louisiana Sheriffs' Association or his designee. (2)The executive director of the Louisiana Coalition Against Domestic Violence or his designee. (3)The executive director of the Louisiana District Attorneys Association or his designee. (4)The executive director of the New Orleans Family Justice Center or his designee. (5)The chair of the Louisiana Legislative Women's Caucus or her designee. (6)The chairman of the House Committee on the Administration of Criminal Justice or his designee. (7)The chairman of the Senate Committee on Judiciary B or his designee. SCR NO. 118 SLS 14RS-2893 ORIGINAL Page 7 of 8 (8)One district court judge with experience in criminal law matters, selected by the president of the Louisiana District Court Judges Association. (9)One district court judge with experience in family law matters, selected by the president of the Louisiana District Court Judges Association. (10)The president of the Louisiana Clerks of Court Association or his designee. (11)One representative of the Department of Justice, office of the attorney general or his designee. (l2)The executive director of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice or his designee. (13)The secretary of the Department of Children and Family Services or his designee. (14)The secretary of the Department of Health and Hospitals or his designee. (15)One representative of the Louisiana Association of Criminal Defense Lawyers or his designee. (16)One representative of the Bureau of Alcohol, Tobacco, Firearms and Explosives or his designee. (17)One attorney licensed to practice law in this state who has at least five years experience in representing victims of domestic violence who seek protective orders appointed by the governor. (18)The executive director of a shelter-based or direct service program provider for victims of domestic violence appointed by the governor. Provides that: (1)The commission shall select one of the commission members to serve as chairman and another member shall be selected by the commission members as secretary. (2)Members of the commission shall serve for a term concurrent with that of the governor. (3)Commission members shall serve without compensation or per diem, except that legislative members of the commission shall receive the same per diem and reimbursement of travel expenses as is provided for legislative committees under the rules of the respective house. (4)The commission shall hold public meetings quarterly except as otherwise provided by vote of the commission or by order of the chairman. (5)A majority of the commission membership shall constitute a quorum for the transaction of business. (6)The commission may establish subcommittees within the commission and appoint members to those subcommittees, including persons outside of the commission membership, as it deems necessary and appropriate to accomplish its goals. (7)The Department of Children and Family Services shall provide to the commission such clerical, administrative, and technical assistance and support as may be necessary to enable the commission to accomplish its goals. Requires that the commission annually issue a report of its findings and recommendations SCR NO. 118 SLS 14RS-2893 ORIGINAL Page 8 of 8 to the governor, the speaker of the House of Representatives, and the president of the Senate, with its initial report being submitted on or before February 1, 2015, and no later than the first day of February each year thereafter. Provides that the report may include any recommendations for legislation that it deems necessary and appropriate provided that legislation may only be recommended by the commission upon approval by a two-thirds vote of the commission members present.