Code of the District of Columbia

Subchapter IV. Sexual Assault Response.


§ 4–561.01. Definitions.

For the purposes of this subchapter, the term:

(1) "Case Review Subcommittee" means the SART Case Review Subcommittee established by § 4-561.14.

(2) "Consumption litigation" means litigation in a criminal proceeding initiated by notification to the defense of the need to consume an entire DNA sample in forensic testing.

(3) "DC SANE Program" means the DC Sexual Assault Nurse Examiner Program that provides comprehensive medical forensic care to sexual assault victims, including:

(A) The DC Forensic Nurse Examiners;

(B) The Child and Adolescent Protection Center; and

(C) Any other entity within the District that is a member of the SART or the multidisciplinary investigation team, as described in § 4-1301.51.

(4) "DFS" means the Department of Forensic Sciences.

(5) "Hospital" means a facility that provides 24-hour inpatient care, including diagnostic, therapeutic, and other health-related services, for a variety of physical or mental conditions, and may, in addition, provide outpatient services, particularly emergency care.

(6) "Independent expert consultant" means the individual retained pursuant to § 4-561.04 and charged with the duties and obligations specified in § 4-561.05.

(7) "MPD" means the Metropolitan Police Department.

(8) "OCME" means the Office of the Chief Medical Examiner.

(9) "OVSJG" means the Office of Victim Services and Justice Grants, established by Mayor's Order 2016-171.

(10) "PERK" means a Physical Evidence Recovery Kit used to collect and preserve physical evidence related to a sexual assault or alleged sexual assault.

(11) "SART" means the Sexual Assault Response Team established by § 4-561.12.

(12) "Sexual assault" shall have the same meaning as provided in § 23-1907(9).

(13) "Sexual assault victim" means an individual against whom a sexual assault has been committed or is alleged to have been committed, including a deceased individual.

(14) "Sexual assault victim advocate dispatch system" means the system developed by OVSJG and approved by the SART, pursuant to § 23-1909(e).

(15) "Task Force" means the Sexual Assault Victims' Rights Task Force established pursuant to § 4-561.15.


(Nov. 20, 2014, D.C. Law 20-139, § 201, 61 DCR 5913; Mar. 3, 2020, D.C. Law 23-57, § 3(a), 66 DCR 15914.)

Applicability

Section 402 of D.C. Law 23-274 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021.

Section 3 of D.C. Act 23-552 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 3 of D.C. Act 23-412 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 9(a) of D.C. Law 23-57 provided that the amendments made to this section by Law 23-57 shall apply as of October 1, 2020. Therefore those amendments shall be implemented for this section on October 1, 2020.


§ 4–561.02. Processing of PERKs and specimens.

(a) Within 7 days after a sexual assault victim makes a report to the MPD, the MPD shall retrieve any PERK and specimens and deliver:

(1) The PERK to the DFS; and

(2) The biological specimens for toxicology testing to the OCME.

(b)(1) If a PERK is not involved in consumption litigation, the DFS shall process the PERK within 90 days after DFS receives the PERK.

(2) If a PERK is involved in consumption litigation, the DFS shall process the PERK within 90 days after the DFS receives a consumption determination from the prosecution.

(b-1)(1) Notwithstanding subsection (b) of this section, the DFS may delegate the processing of a PERK to an accredited laboratory pursuant to a statement of work, which shall establish protocols for:

(A) DFS to notify the accredited laboratory that a PERK is available for processing;

(B) Delivery of the PERK to the accredited laboratory;

(C) Processing the PERK; and

(D) Delivery of the PERK and any results to the DFS.

(2) Even if DFS delegates the processing of a PERK to an accredited laboratory, DFS shall comply with the time periods described in subsection (b) of this section.

(c) The OCME shall process all biological specimens within 90 days after the date of receipt.


(Nov. 20, 2014, D.C. Law 20-139, § 202, 61 DCR 5913; Mar. 3, 2020, D.C. Law 23-57, § 3(b), 66 DCR 15914.)

Applicability

Section 402 of D.C. Law 23-274 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021.

Section 3 of D.C. Act 23-552 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 3 of D.C. Act 23-412 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 9(a) of D.C. Law 23-57 provided that the amendments made to this section by Law 23-57 shall apply as of October 1, 2020. Therefore those amendments shall be implemented for this section on October 1, 2020.


§ 4–561.03. Payment for PERKs.

The hospital shall not bill a sexual assault victim for costs associated with a PERK, including the costs of the PERK, its administration, and the processing of the PERK or any biological specimens.


(Nov. 20, 2014, D.C. Law 20-139, § 203, 61 DCR 5913; Mar. 3, 2020, D.C. Law 23-57, § 3(c), 66 DCR 15914.)

Applicability

Section 402 of D.C. Law 23-274 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021.

Section 3 of D.C. Act 23-552 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 3 of D.C. Act 23-412 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 9(a) of D.C. Law 23-57 provided that the amendments made to this section by Law 23-57 shall apply as of October 1, 2020. Therefore those amendments shall be implemented for this section on October 1, 2020.


§ 4–561.04. Independent expert consultant.

(a) By December 1, 2014, the OVSJG shall retain an independent expert consultant.

(b) The independent expert consultant shall be selected by the Office of Police Complaints, with input from the Victim Assistance Network, subject to final approval by the OVSJG.

(c) The independent expert consultant shall be retained for a period of one year, with the option for the OVSJG to extend the contract in 1-year increments.

(d) The independent expert consultant selected shall have current and recognized expertise in the areas of law enforcement, crime victims' rights, victim advocacy, medical best practices, policy and procedure development, sexual assault, and the investigation or prosecution of sexual assault.


(Nov. 20, 2014, D.C. Law 20-139, § 204, 61 DCR 5913; Mar. 3, 2020, D.C. Law 23-57, § 3(d), 66 DCR 15914.)

Applicability

Section 402 of D.C. Law 23-274 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021.

Section 3 of D.C. Act 23-552 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 3 of D.C. Act 23-412 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 9(a) of D.C. Law 23-57 provided that the amendments made to this section by Law 23-57 shall apply as of October 1, 2020. Therefore those amendments shall be implemented for this section on October 1, 2020.


§ 4–561.05. Duties and obligations of the independent expert consultant.

The independent expert consultant shall have the following duties and obligations:

(1) In consultation with the Task Force, assess and recommend modifications to MPD policies and protocols to ensure the MPD has a detailed and victim-centered sexual assault response policy that comports with best practices and current professional standards and incorporates the requirements of the International Association of Chiefs of Police Model Policy on Sexual Assaults or other current best practices in law enforcement;

(2) Assess training provided to MPD officers, detectives, and recruits to ensure that:

(A) The training incorporates developments in applicable law and current best practices;

(B) Testing is done to ensure that MPD personnel taking the training comprehend the material taught; and

(C) Investigators conducting sexual assault investigations and personnel who supervise the review of sexual assault investigations are provided in-depth specialized training consistent with best practices;

(3) Review a random sample of MPD files and records related to cases arising after March 2013, including:

(A) Sexual assault investigative files, forms, and reports, including allegations, office information cases, and other cases with sexual elements that may not have been classified as a sexual assault case; and

(B) Feedback provided to the MPD from members of the public about the MPD’s response to sexual assault cases, including surveys, complaints, and any other feedback provided through e-mail or the MPD’s web page;

(4) Conduct confidential interviews, when necessary, with forensic nurse examiners, sexual assault victim advocates, MPD personnel, and others with direct knowledge of how the sexual assault response process is functioning;

(5) Within 120 days after the date of being retained by the OVSJG, audit all PERKs in storage to determine if all PERKs in which a sexual assault victim reported a sexual assault to MPD have been delivered to the DFS for processing;

(6) Protect the confidentiality of all MPD files and records; and

(7) Within the reports produced by the independent expert consultant, protect the confidentiality of the underlying investigations.


(Nov. 20, 2014, D.C. Law 20-139, § 205, 61 DCR 5913; Mar. 3, 2020, D.C. Law 23-57, § 3(e), 66 DCR 15914.)

Applicability

Section 402 of D.C. Law 23-274 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021.

Section 3 of D.C. Act 23-552 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 3 of D.C. Act 23-412 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 9(a) of D.C. Law 23-57 provided that the amendments made to this section by Law 23-57 shall apply as of October 1, 2020. Therefore those amendments shall be implemented for this section on October 1, 2020.


§ 4–561.06. Reviews and reporting requirements.

(a)(1) The independent expert consultant shall:

(A) Prepare, by June 1, 2015, and on a semiannual basis thereafter, a public report that contains:

(i) A description of the work conducted by the independent expert consultant for that period;

(ii) The methodology and specific findings for each review conducted, including a general description of the policies and procedures reviewed, the observations of the independent expert consultant regarding the MPD’s implementation of those policies and procedures, the training reviewed, and a discussion of any improvements that need to be made;

(iii) A determination of whether the MPD’s implementation of reforms made after March 2013 are having a positive effect on the overall investigations of sexual assaults and whether there are any unintended negative consequences of these new policies or reforms;

(iv) A comparison of cases reported to the MPD through the DC SANE Program and MPD case numbers to ensure that all sexual assaults have been documented; and

(v) The Chief of Police’s formal response to the report prepared pursuant to paragraph (2) of this subsection; and

(B) Review the case review plan and process developed pursuant to § 4-561.14(d)(1), making recommendations for improvement as needed.

(2)(A) A draft version of the report shall be provided to the Chief of Police for review before the public issuance of the final report.

(B) The Chief of Police shall have 30 days to review the report and prepare a formal response for purposes of a public report issued pursuant to paragraph (1) of this subsection.

(b)(1) The independent expert consultant shall, within 45 days after being retained by the OVSJG:

(A) Develop a plan and schedule for preparing the public report and reviewing the case review plan and process described in subsection (a)(1) of this section; and

(B) Submit the plan to the OVSJG for review and approval.

(2) The plan developed pursuant to paragraph (1) of this subsection shall include a timeline for submitting any recommendations to the Council or the Mayor regarding proposed legislation.

(c) The OVSJG shall complete a review of the independent expert consultant’s plan developed pursuant to subsection (b) of this section within 30 days after the date of receipt.


(Nov. 20, 2014, D.C. Law 20-139, § 206, 61 DCR 5913; Mar. 3, 2020, D.C. Law 23-57, § 3(f), 66 DCR 15914.)

Applicability

Section 402 of D.C. Law 23-274 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021.

Section 3 of D.C. Act 23-552 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 3 of D.C. Act 23-412 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 9(a) of D.C. Law 23-57 provided that the amendments made to this section by Law 23-57 shall apply as of October 1, 2020. Therefore those amendments shall be implemented for this section on October 1, 2020.


§ 4–561.07. The MPD’s duties.

The MPD shall provide the independent expert consultant with timely, full, and direct access to the MPD’s files and records, including:

(1) Sexual assault investigative files, forms, and reports, including allegations, office information cases, and other cases with sexual elements that may not have been classified as a sexual assault case; and

(2) Feedback provided to the MPD from members of the public regarding the MPD’s response to sexual assault cases, including surveys, complaints, and feedback provided through e-mail or the MPD’s web page.


(Nov. 20, 2014, D.C. Law 20-139, § 207, 61 DCR 5913.)


§ 4–561.08. Monitoring by Chief of Police.

The Chief of Police shall monitor the MPD personnel’s compliance with MPD orders and protocols related to law enforcement interaction with sexual assault victims, including the Sexual Assault Unit’s Standard Operating Procedures, when responding to sexual assaults.


(Nov. 20, 2014, D.C. Law 20-139, § 208, 61 DCR 5913; Mar. 3, 2020, D.C. Law 23-57, § 3(g), 66 DCR 15914.)

Applicability

Section 402 of D.C. Law 23-274 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021.

Section 3 of D.C. Act 23-552 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 3 of D.C. Act 23-412 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 9(a) of D.C. Law 23-57 provided that the amendments made to this section by Law 23-57 shall apply as of October 1, 2020. Therefore those amendments shall be implemented for this section on October 1, 2020.


§ 4–561.09. MPD reporting requirements.

(a) The Chief of Police shall prepare, on an annual basis, a report on the MPD’s response to sexual assault reports. The report shall include, at a minimum:

(1) The number of sexual assaults and attempted sexual assaults reported, identified by penal code classification;

(2) The outcome of each reported sexual assault, identified by:

(A) How many reports were unfounded;

(B) How many reports were cleared, including how many cleared cases led to an arrest; and

(C) How many reports were closed by the MPD, identified by the type of exception such as victim declines participation, suspect prosecuted in another jurisdiction, case rejected by the prosecutor, or similar explanations;

(3) The number of:

(A) Arrest warrants issued, by classification of crime, and arrests; and

(B) Cases referred to prosecuting attorneys and, to the extent the information is available to the MPD, cases declined for prosecution by the prosecutor, cases declined for prosecution by the grand jury, prosecutions, and other law enforcement actions taken as a result of investigations into sexual assault reports;

(4) The recommendations received from the Case Review Subcommittee and the measures the MPD has taken, if any, to address those recommendations;

(5) The number and type of complaints filed against MPD officers or detectives regarding their handling of sexual assault reports and any actions taken by the MPD in response to those complaints; and

(6) The number of sexual assault victims who:

(A) Requested the results of their PERK; and

(B) Did not request the results of their PERK.

(b) The report prepared pursuant to subsection (a) of this section shall be transmitted to the Mayor and the Council by December 31 of each year and be made accessible to the public; provided, that the report shall protect the privacy and confidentiality of the sexual assault victims.


(Nov. 20, 2014, D.C. Law 20-139, § 209, 61 DCR 5913; Mar. 3, 2020, D.C. Law 23-57, § 3(h), 66 DCR 15914.)

Applicability

Section 402 of D.C. Law 23-274 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021.

Section 3 of D.C. Act 23-552 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 3 of D.C. Act 23-412 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 9(a) of D.C. Law 23-57 provided that the amendments made to this section by Law 23-57 shall apply as of October 1, 2020. Therefore those amendments shall be implemented for this section on October 1, 2020.


§ 4–561.10. DFS reporting requirement.

In the annual report filed pursuant to § 5-1501.04(a)(5), the Director of the DFS shall provide, for the prior calendar year:

(1) The number of PERKs received from the MPD;

(2) The number of PERKs processed by the DFS or an accredited laboratory to which the DFS delegated the processing;

(3) The average time it took for PERKs to be processed by the DFS or an accredited laboratory to which the DFS delegated the processing;

(4) The longest period of time it took for PERKs to be processed by the DFS or an accredited laboratory to which the DFS delegated the processing;

(5) The number of PERKS involved in consumption litigation;

(6) The number of times in which an accredited laboratory to which the DFS delegated the processing failed to comply with the time periods described in § 4-561.02(b);

(7) If permission to consume was requested, the number of cases in which processing was completed 90 days after the PERK was received by the DFS due to consumption litigation; and

(8) The number of days in which each PERK was delayed awaiting a consumption litigation determination.


(Nov. 20, 2014, D.C. Law 20-139, § 210, 61 DCR 5913; Mar. 3, 2020, D.C. Law 23-57, § 3(i), 66 DCR 15914.)

Applicability

Section 402 of D.C. Law 23-274 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021.

Section 3 of D.C. Act 23-552 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 3 of D.C. Act 23-412 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 9(a) of D.C. Law 23-57 provided that the amendments made to this section by Law 23-57 shall apply as of October 1, 2020. Therefore those amendments shall be implemented for this section on October 1, 2020.


§ 4–561.11. OCME reporting requirement.

In the annual report filed pursuant to § 5-1412(d), the Chief Medical Examiner shall include the number of toxicology samples of sexual assault victims received from MPD and the number of toxicology samples of sexual assault victims processed by the OCME, including the time it took for each toxicology sample to be processed.


(Nov. 20, 2014, D.C. Law 20-139, § 211, 61 DCR 5913.)


§ 4–561.12. Establishment of a Sexual Assault Response Team.

(a) There is established the Sexual Assault Response Team ("SART").

(b) The SART shall be a partnership of public and private agencies that:

(1) Coordinates a high-quality, multidisciplinary, victim-centered response to sexual assault cases; and

(2) Makes recommendations to improve the continuum of services in the District for sexual assault victims.

(c) Membership on the SART shall include the following persons:

(1) The Director of the OVSJG, or the Director's designee;

(2) The SART coordinator, who shall be appointed by the Director of the OVSJG, and serve as a non-voting member;

(3) The Attorney General for the District of Columbia, or the Attorney General's designee;

(4) The Chief of Police, or the Chief's designee who is a member of the Sexual Assault Unit with the rank of Captain or above;

(5) A representative from the MPD Victim Services Branch;

(6) The Director of the Child and Family Services Agency, or the Director's designee;

(7) The Executive Director of the Children's Advocacy Center, or the Director's designee;

(8) The United States Attorney for the District of Columbia, or the United States Attorney's designee who is an attorney assigned to the Sex Offense and Domestic Violence Section;

(9) A representative from the Victim Witness Assistance Unit of the United States Attorney's Office for the District of Columbia;

(10) A representative from the United States Park Police;

(11) The Director of each entity in the DC SANE Program, or the Director's designee; provided, that the Director or the Director's designee shall be a forensic nurse examiner, as that term is defined in § 23-1907(2), or a physician with specialized training in medical forensic evidence collection;

(12) The Director of each community-based organization that is providing victim advocacy services pursuant to § 23-1909, or the Director's designee; provided, that the community-based organization has been approved for membership by the SART;

(13) The Director, or the Director's designee, of each entity that provides medical forensic care to sexual assault victims; provided, that the entity has been approved for membership by the SART;

(14) A representative from a community-based organization, selected by the SART, that is providing post-sexual assault mental health services;

(15) A representative from the designated State sexual assault coalition, as that term is defined in 34 U.S.C. § 12291(a)(33), for the District;

(16) The Director of the DFS, or the Director's designee, who is a forensic scientist;

(17) The Chief Medical Examiner, or the Chief Medical Examiner's designee; and

(18) A representative from a District of Columbia-based college or university that provides direct victim services to sexual assault victims and who holds a position at that college or university.

(d) The SART shall hold its initial meeting within 90 days after November 20, 2014. At the initial meeting, one non-governmental member of the SART shall be elected as Chairperson by a majority of the SART members.

(d-1) A chairperson shall be elected from among the non-governmental members of the SART.

(d-2) No non-governmental organization or entity shall have more than one representative on the SART.

(e) Following the SART’s initial meeting, the SART shall meet at least 6 times per calendar year.

(f) The SART shall establish its own procedures and requirements with respect to the place and manner in which it will conduct its meetings.

(g) Subchapter IV of Chapter 5 of Title 2 [§ 2-571 et seq.] shall not apply to meetings of the SART.

(h)(1) At least annually, OVSJG shall, in collaboration with the DFS and the OCME, facilitate training for members of the SART.

(2) The training shall include instruction on explaining, in a manner that is trauma-informed and victim-centered, the procedure and results of a PERK, forensic analysis of the PERK, and toxicology tests.

(i) In addition to the members listed in subsection (c) of this section, the SART may expand its membership by establishing a membership application, evaluation, and approval process for:

(1) Any community-based organization that seeks to provide victim advocacy services pursuant to § 23-1909;

(2) Any entity that seeks to provide medical forensic care to sexual assault victims; and

(3) Any entity that seeks to administer a victim hotline or participate in the sexual assault victim advocate dispatch system.


(Nov. 20, 2014, D.C. Law 20-139, § 212, 61 DCR 5913; Mar. 3, 2020, D.C. Law 23-57, § 3(j), 66 DCR 15914.)

Applicability

Section 402 of D.C. Law 23-274 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021.

Section 3 of D.C. Act 23-552 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 3 of D.C. Act 23-412 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 9(a) of D.C. Law 23-57 provided that the amendments made to this section by Law 23-57 shall apply as of October 1, 2020. Therefore those amendments shall be implemented for this section on October 1, 2020.


§ 4–561.13. Duties and responsibilities of the SART.

(a) The SART shall:

(1) Improve the coordination and functioning of victim services, medical forensic care, investigations, and prosecutions available to sexual assault victims;

(2) Conduct regular case reviews, through the Case Review Subcommittee, of all parties involved in sexual assault responses involving sexual assault victims 18 years of age or older, including a review of sexual assault reports and investigations by the MPD and cases reported to any member of the SART;

(3) Develop a protocol to ensure that feedback and recommendations from the Case Review Subcommitteeare incorporated into SART member agencies’ policies, procedures, practices, training, and decisions to re-examine investigations, when applicable;

(4) Establish a Feedback Review Committee for the purpose of receiving and investigating all complaints and comments from sexual assault victims, including complaints and comments regarding the United States Attorney's Office for the District of Columbia; and

(5) By January 1, 2022, submit a report to the Mayor and the Council that includes the following:

(A) A summary of the case review activities conducted pursuant to paragraph (2) of this subsection;

(B) A summary of all feedback received and the findings of all investigations conducted pursuant to paragraph (4) of this subsection;

(C) The number of sexual assault victims who were informed by the MPD of the results of their PERK;

(D) A discussion of any trends related to victimization and reporting;

(E) A description of the activities conducted by the SART during the preceding fiscal year; and

(F) Activities planned by the SART for the following fiscal year.

(b) Each SART member shall provide the following data to other members of the SART:

(1) The numbers of sexual assault victims served by each SART member;

(2) The demographics of sexual assault victims and offenders, if known, served by each SART member;

(3) The type and extent of service provided to each sexual assault victim by each SART member;

(4) The disposition of each case closed by the SART member; and

(5) Any other information requested by the Director of the OVSJG or the chairperson of the SART that is directly related to sexual assault cases; provided, that the information is not otherwise confidential or privileged under District or federal law.


(Nov. 20, 2014, D.C. Law 20-139, § 213, 61 DCR 5913; Mar. 3, 2020, D.C. Law 23-57, § 3(k), 66 DCR 15914.)

Applicability

Section 402 of D.C. Law 23-274 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021.

Section 3 of D.C. Act 23-552 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 3 of D.C. Act 23-412 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 9(a) of D.C. Law 23-57 provided that the amendments made to this section by Law 23-57 shall apply as of October 1, 2020. Therefore those amendments shall be implemented for this section on October 1, 2020.


§ 4–561.14. The SART Case Review Subcommittee.

(a) There is established the Sexual Assault Response Team Case Review Subcommittee ("Case Review Subcommittee").

(b) The Case Review Subcommittee shall be comprised of the following SART representatives:

(1) The SART coordinator, who shall also coordinate the Case Review Subcommittee;

(2) The Commander of the MPD’s Sexual Assault Unit, or the Commander's designee; provided, that the designee is a member of the Sexual Assault Unit with the rank of Captain or above;

(3) The Director, or the Director's designee, of a private or nonprofit entity that is a member of the DC SANE Program; provided, that the designee is a forensic nurse examiner.

(4) A representative, selected by the OVSJG, from a community-based organization that is providing post-assault mental health services;

(5) The Director of DFS, or the Director's designee; provided, that the designee is a forensic scientist; and

(6) The Director, or the Director's designee, of a community-based advocacy organization that is providing advocacy services as part of the DC SANE Program.

(c)(1) The Case Review Subcommittee shall conduct case reviews of the following types of cases involving sexual assault victims 18 years of age or older:

(A) A random sample of investigations that involve sexual assault; and

(B) Specific cases as requested by members of the SART, the Case Review Subcommittee, or the independent expert consultant.

(2) Before conducting case reviews under paragraph (1) of this subsection, the SART shall obtain the consent of the sexual assault victim involved in the case.

(d) In addition to the duties set forth in subsection (c) of this section, the Case Review Subcommittee shall, for cases involving sexual assault victims 18 years of age or older:

(1) Develop a case review protocol, including a standard review form and appropriate safeguards to protect confidential or privileged information and other personal information that is protected from disclosure by federal or District law. The policy shall be reviewed on an annual basis, and revised as needed;

(2) Develop a standard review form that examines, at a minimum, the following:

(A) Whether each agency and service provider involved in the sexual assault response followed current best practices in each case, including:

(i) Whether law enforcement waited at least 48 hours before conducting an interview with the sexual assault victim meant to assess and build the case; and

(ii) Whether the sexual assault victim requested information pursuant to § 23-1910 and when the sexual assault victim received that information;

(B) Any prosecutorial actions taken;

(C) Whether the evidence testing complied with the timing requirements of § 4-561.02; and

(D) The use of forensic evidence in the investigation and prosecution of the case; and

(3) Submit feedback and recommendations to the SART when the Case Review Subcommittee identifies concerns or problems during the case review process.

(e) Subchapter IV of Chapter 5 of Title 2 [§ 2-571 et seq.] shall not apply to meetings of the Case Review Subcommittee.


(Nov. 20, 2014, D.C. Law 20-139, § 214, 61 DCR 5913; Mar. 3, 2020, D.C. Law 23-57, § 3(l), 66 DCR 15914.)

Applicability

Section 402 of D.C. Law 23-274 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021.

Section 3 of D.C. Act 23-552 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 3 of D.C. Act 23-412 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 9(a) of D.C. Law 23-57 provided that the amendments made to this section by Law 23-57 shall apply as of October 1, 2020. Therefore those amendments shall be implemented for this section on October 1, 2020.


§ 4–561.15. Sexual Assault Victim Rights Task Force.

(a) Beginning October 1, 2014, the OVSJG shall establish a Sexual Assault Victim Rights Task Force ("Task Force") to study nationally recognized best practices and develop recommendations regarding:

(1) The development and implementation of an effective mechanism for submitting, tracking, and investigating complaints regarding the handling of, or response to, a sexual assault report or investigation by any agency or organization involved in the response;

(2) Whether a need exists for additional sexual assault victim advocates. If a need is identified, the Task Force shall:

(A) Develop criteria to certify sexual assault victim advocates;

(B) Create a plan for how the District, in conjunction with nonprofits, can provide additional sexual assault victim advocates to meet the needs identified; and

(C) Determine the cost of funding such a plan;

(3) Whether a need exists to expand the right to a sexual assault victim advocate beyond the hospital and law enforcement interview settings, such as meetings and conversations with prosecutors. If a need is identified, the Task Force shall:

(A) Identify where the need exists and to what extent; and

(B) Make recommendations on how best to fill that need, whether legislatively or otherwise;

(4) Whether a need exists to expand the right to a sexual assault victim advocate to juvenile sexual assault victims. If a need is identified, the Task Force shall:

(A) Identify where the need exists and to what extent; and

(B) Make recommendations on how best to fill that need, whether legislatively or otherwise.

(b) The Task Force shall be comprised of representatives from the following entities:

(1) DC Sexual Assault Coalition;

(2) DC SANE program;

(3) DC Victim Assistance Network;

(4) SART; and

(5) A District of Columbia-based college or university; provided, that the representative at that institution provides direct victim services to sexual assault victims;

(6) At least one governmental or agency-based victim services program;

(7) At least 2 organizations for which the primary purpose of the organization is to provide services, education, or outreach to underserved populations disparately impacted by sexual assault; and

(8) Other entities as determined by the OVSJG.

(c)(1) By September 30, 2015, the Task Force shall produce a report that includes the results of the assessments, developments, and recommendations completed pursuant to subsection (a) of this section, to be transmitted to the Council and the SART.

(2) The Task Force shall disband after the report has been transmitted to the Council and the SART.


(Nov. 20, 2014, D.C. Law 20-139, § 215, 61 DCR 5913; Mar. 3, 2020, D.C. Law 23-57, § 3(m), 66 DCR 15914.)

Applicability

Section 402 of D.C. Law 23-274 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021.

Section 3 of D.C. Act 23-552 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 3 of D.C. Act 23-412 provided that the amendments made to this section by Law 23-57 shall apply as of January 1, 2021. Therefore those amendments shall be implemented for this section on January 1, 2021.

Section 9(a) of D.C. Law 23-57 provided that the amendments made to this section by Law 23-57 shall apply as of October 1, 2020. Therefore those amendments shall be implemented for this section on October 1, 2020.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of the Sexual Assault Victim Rights Task Force Report Extension Emergency Amendment Act of 2015 (D.C. Act 21-159, Oct. 16, 2015, 62 DCR 13720).

For temporary (90 days) amendment of this section, see § 2 of the Sexual Assault Victim Rights Task Force Report Extension Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-222, Dec. 17, 2015, 62 DCR 16239).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of the Sexual Assault Victim Rights Task Force Report Extension Temporary Amendment Act of 2015 (D.C. Law 21-50, Jan. 9, 2016, 62 DCR 13988).


§ 4–561.16. No private right of action.

This subchapter shall not be construed to create a private right of action or serve as the basis for excluding otherwise admissible evidence in a criminal proceeding.


(Nov. 20, 2014, D.C. Law 20-139, § 216, 61 DCR 5913.)

Editor's Notes

Section 301 of Law 20-139 provided that the Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules to implement the provisions of the act.