Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1780 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1381 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1780
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Alyson M. Sullivan-Almeida
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing statewide standards for sexual assault and domestic violence service
13	13	providers.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Alyson M. Sullivan-Almeida7th Plymouth1/18/2023Michael J. Soter8th Worcester1/26/2023Joseph D. McKenna18th Worcester1/31/2023David F. DeCoste5th Plymouth2/9/2023Alan Silvia7th Bristol2/10/2023Steven George Xiarhos5th Barnstable3/9/2023 1 of 6
17	17	HOUSE DOCKET, NO. 1381 FILED ON: 1/18/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1780
19	19	By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No.
20	20	1780) of Alyson M. Sullivan-Almeida and others for an investigation by a special commission
21	21	(including members of the General Court) relative to statewide standards for sexual assault and
22	22	domestic violence service providers. The Judiciary.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE HOUSE, NO. 3842 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act establishing statewide standards for sexual assault and domestic violence service
31	31	providers.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 SECTION 1. Chapter 3 of the General Laws is hereby amended by adding the following
35	35	2section:-
36	36	3 Section 76. (a) There shall be a permanent commission on sexual assault and domestic
37	37	4violence service providers, which shall consist of 19 members as follows: 1 of whom shall be the
38	38	5secretary of health and human services or their designee, who shall serve as chair; 1 of whom
39	39	6shall be the director of the department of public health division of sexual and domestic violence
40	40	7prevention and services; 2 of whom shall be members of the house of representatives, to be
41	41	8appointed by the speaker of the house; 1 of whom shall be a member of the house of
42	42	9representatives, to be appointed by the minority leader; 2 of whom shall be members of the 2 of 6
43	43	10senate, to be appointed by the president of the senate; 1 of whom shall be a member of the
44	44	11senate, to be appointed by the minority leader; 1 of whom shall be the executive director of the
45	45	12governor’s council to address sexual assault and domestic violence; 1 of whom shall be the
46	46	13attorney general or their designee; 1 of whom shall be the executive director of the
47	47	14Massachusetts office for victim assistance; 1 of whom shall be the executive director of Jane Doe
48	48	15Inc.: the Massachusetts Coalition Against Sexual Assault and Domestic Violence; 1 of whom
49	49	16shall be the executive director of the Victim Rights Law Center, Inc.; 1 of whom shall be the
50	50	17executive director of the New Bedford Women’s Center, Inc.; 1 of whom shall be the executive
51	51	18director of the Boston Area Rape Crisis Center, Inc.; 1 of whom shall be the executive director of
52	52	19Pathways for Change, Inc.; 1 of whom shall be an advocate specialized in working with
53	53	20survivors with disabilities, to be appointed by the governor; 1 of whom shall be an advocate
54	54	21specialized in working with children who experienced trauma, to be appointed by the governor; 3
55	55	22of whom shall be survivors of sexual assault or domestic violence, to be appointed by the
56	56	23governor. Members of the commission shall be citizens of the commonwealth who have
57	57	24demonstrated commitment to supporting survivors of sexual assault and domestic violence.
58	58	25 Biennially, every legislative session, the general court shall review the membership of the
59	59	26commission to ensure its makeup is tailored to its purpose and improved when necessary.
60	60	27 (b) Appointed members shall serve terms of 2 years and until their successors are
61	61	28appointed, or the member is reappointed by their appointing or nominating authority. Vacancies
62	62	29in the membership of the commission shall be filled by the original appointing authority for the
63	63	30balance of the unexpired term. 3 of 6
64	64	31 (c) The members of the commission shall receive no compensation for their services, but
65	65	32shall be reimbursed by the general court for any usual and customary expenses incurred in the
66	66	33performance of their duties.
67	67	34 (d) The commission shall be a resource to the commonwealth on issues affecting
68	68	35survivors of sexual assault and domestic violence. It shall be a primary responsibility of the
69	69	36commission to study the practices and service standards currently in place for sexual assault and
70	70	37domestic violence service providers, including any organization, board or program that provides
71	71	38specialized programs, support, residential programs or intervention services for victims of sexual
72	72	39assault or domestic violence. The commission shall meet to put forth recommendations for
73	73	40uniform minimum service standards for sexual assault and domestic violence programs
74	74	41throughout the commonwealth. The commission shall perform an ongoing review of its
75	75	42recommendations and their results to ensure its recommendations are narrowly tailored and
76	76	43improved when necessary.
77	77	44 (e) The powers of the commission shall include, but not be limited to, the following: (1)
78	78	45to use such voluntary and uncompensated services of private individuals, agencies and
79	79	46organizations as may from time to time be offered and required, including provision of meeting
80	80	47places and refreshments; (2) to hold regular, public meetings and to hold fact-finding hearings
81	81	48and other public events as the commission deems necessary; (3) to establish and maintain such
82	82	49offices as the commission deems necessary, subject to appropriation; (4) to acquire and direct a
83	83	50staff to perform its duties, subject to appropriation; (5) to enact by-laws for its own governance
84	84	51but not inconsistent with any general or special law; and (6) to recommend policies and make
85	85	52recommendations to agencies and officers of the commonwealth and local subdivisions of
86	86	53government to effectuate the purposes of this commission. 4 of 6
87	87	54 (f) (1) The commission may request information and assistance from state agencies as the
88	88	55commission requires.
89	89	56 (2) The commission may accept and solicit funds, including any gifts, donations, grants
90	90	57or bequests or any federal funds, for any of the purposes of this section. These funds shall be
91	91	58deposited in a separate account with the state treasurer, be received by the treasurer on behalf of
92	92	59the commonwealth, and be expended by the commission in accordance with law.
93	93	60 (g) (1) The commission shall report their recommendations relative to uniform minimum
94	94	61service standards for sexual assault and domestic violence service programs to the executive
95	95	62office of health and human services no later than 180 days following the passage of this act.
96	96	63 (2) Biennially, not later than June 30, the commission shall reassess and report on the
97	97	64uniform service standards for sexual assault on domestic violence service programs and any
98	98	65policy recommendations to the governor, secretary of health and human services and the clerks
99	99	66of the house of representatives and the senate.
100	100	67 SECTION 2. Chapter 6A is hereby amended by inserting after section 18Z the following
101	101	68section:-
102	102	69 Section 18AA. (a) As used in this section, the following words shall, unless the context
103	103	70clearly requires otherwise, have the following meanings:-
104	104	71
105	105	72 “Commission”, the permanent commission on sexual assault and domestic violence
106	106	73service providers established pursuant to section 76 of chapter 3. 5 of 6
107	107	74 “Sexual assault and domestic violence service provider”, any organization, board or
108	108	75program that provides specialized programs, support, residential programs or interventions for
109	109	76victims of domestic violence or sexual assault.
110	110	77
111	111	78 (b) The executive office of health and human services, in collaboration with the
112	112	79commission, shall promulgate uniform minimum service standards for sexual assault and
113	113	80domestic violence providers, which shall include, but not limited to: (i) initial and annual training
114	114	81requirements; (ii) minimum policies and procedures; and (iii) continuous quality improvements.
115	115	82 (2) To be eligible to receive state funds, a sexual assault and domestic violence service
116	116	83provider shall adhere to the uniform minimum service standards; provided, however, that sexual
117	117	84assault and domestic violence service providers completing a program improvement plan or
118	118	85corrective action plan pursuant to paragraph 2 of subsection (c) shall be eligible to receive state
119	119	86funds.
120	120	87 (c)(1) The executive office of health and human services shall annually file a report with
121	121	88the commission. The report shall include, but not be limited to: (i) a list of sexual assault and
122	122	89domestic violence service providers in compliance with the uniform service standards; and (ii) a
123	123	90list of sexual assault and domestic violence service providers that have violated the uniform
124	124	91service standards and what violation has occurred.
125	125	92 (2) Sexual assault and domestic violence service providers shall complete a program
126	126	93improvement plan, developed by the commission, after the first violation of the uniform
127	127	94standards. Sexual assault and domestic violence service providers shall complete a corrective 6 of 6
128	128	95action plan, developed by the commission, after a second or subsequent violation of the uniform
129	129	96service standards.
130	130	97 (3) The commission shall annually file a report with the executive office of health and
131	131	98human services regarding sexual assault and domestic violence service providers compliance
132	132	99with the uniform service standards. The report shall include:
133	133	100 (i) the number of sexual assault and domestic violence service providers in compliance
134	134	101with the uniform service standards;
135	135	102 (ii) the number of sexual assault and domestic violence service providers under a
136	136	103program improvement plan; and
137	137	104 (iii) the number of sexual assault and domestic violence service providers enrolled in a
138	138	105corrective action plan.
139	139	106 The executive office of health and human services shall publish the report on its website
140	140	107within 30 days of receipt.
141	141	108 (d) A sexual assault and domestic violence service provider shall not qualify for state
142	142	109funds if it discriminates in its admissions or provision of services on the basis of race, religion,
143	143	110color, age, disability, marital status, gender identity, sexual orientation, national origin or
144	144	111ancestry.