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