BillCam

HOUSE BILL No. 6388

September 26, 2018, Introduced by Reps. Howrylak, Chang and Kosowski and referred to the Committee on Law and Justice.

A bill to create Michigan crime survivor trauma recovery

centers; to establish the purpose and duties of the Michigan crime

survivor trauma recovery centers; to provide standards for the

operation of Michigan crime survivor trauma recovery centers; to

create a crime survivor trauma recovery center advisory committee;

to create a crime survivor trauma recovery center fund; and to

provide for the powers and duties of certain state and local

governmental officers and entities.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the

"Michigan crime survivor trauma recovery center act", or the

"CSTRCA".

Sec. 2. This act shall be administered by the department of

health and human services.

Sec. 3. As used in this act:

(a) "Assaultive crime" means that term as defined in section

9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL

770.9a.

(b) "Assertive case management" means a type of case

management during which a mental health professional accompanies

clients to court proceedings, medical appointments, and other

community appointments as needed, assists with the completion and

filing of an application for assistance for crime victim

compensation and police reports and with a crime survivor's return

to work and securing employment, coordinates a crime survivor's

care, including assistance for obtaining safe housing, financial

entitlements, and access to medical providers, and serves as a

liaison with other community agencies, law enforcement, and other

support services.

providing services in the crime survivor's home, in the community,

or at other locations outside the agency, as needed, ensuring that

crime survivors are not excluded from services because of emotional

or behavioral issues that often result from trauma.

(d) "Crime survivor" means any of the following:

(i) A victim of an assaultive crime, including, but not

limited to, sexual assault, domestic violence, physical assault,

vehicular assault, or human trafficking. As used in this

subparagraph, "domestic violence" means inflicting bodily injury,

causing serious emotional injury, causing psychological trauma, or

placing in fear of imminent physical harm by threat or force a

person who is a spouse of, a former spouse of, or a person who has

had a dating relationship with, resides or has resided with, or has

a child in common with the person committing or threatening

violence.

(ii) Family members of homicide victims.

(iii) Individuals who are 18 years of age or less, who have

had contact with the juvenile dependency or justice system, or who

have experienced trauma as a result of exposure to violence,

including domestic violence.

(e) "Crime survivor trauma recovery center" or "CSTRC" means a

center established under this act that provides an integrated,

structured, and evidence-based program of trauma treatment and

support services that meet the minimum requirements established in

this act and other criteria as established by the department. Crime

survivor trauma recovery center or CSTRC does not include a mental

health facility or agency unless the facility or agency is awarded

a grant by the department from the crime survivor trauma recovery

center grant fund created in section 6.

(f) "Crime survivor trauma recovery center advisory committee"

or "committee" means the crime survivor trauma recovery center

advisory committee established under section 4.

(g) "Department" means the department of health and human

services.

(h) "Director" means the director of the department.

(i) "Mental health professional" means that term as defined in

section 100b of the mental health code, 1974 PA 258, MCL 330.1100b.

(j) "Underserved crime survivor" means an individual who meets

the criteria and guidelines established by the Office for Victims

of Crime of the United States Department of Justice Office of

Justice Programs.

Sec. 4. (1) The crime survivor trauma recovery center advisory

committee is established within the department.

(2) The committee shall advise and assist the department on

all matters concerning the development, implementation, and

promulgation of rules for the implementation and continuing

operation of CSTRCs.

(3) The committee shall include 12 members appointed by the

director not more than 90 days after the effective date of this act

as follows:

(a) Three mental health professionals, including 1 mental

health professional with expertise in providing services to

adolescents and children.

(b) One individual representing the department.

providing recovery assistance such as housing, job placement, or

economic support to underserved crime survivors.

(d) One individual representing advocates for alternatives to

incarceration.

(e) One individual representing advocates for domestic and

sexual assault survivors.

(f) One representative from a Michigan designated trauma

facility, level I.

(g) One representative from a county prosecutor's office from

a jurisdiction with a concentration of underserved crime survivors.

(h) One representative from a law enforcement agency serving

crime survivors.

(i) One crime survivor.

(4) Committee members shall serve for 3-year terms. If a

committee member vacates his or her position before the end of the

member's term, the director shall appoint a member for the

unexpired term in the same manner as the original appointment.

(5) The committee shall select a member to serve as committee

chairperson annually.

(6) The business that the committee may perform shall be

conducted at a public meeting of the committee held in compliance

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(7) The committee shall make recommendations regarding

additional funding mechanisms for CSTRCs. The committee shall

provide recommendations made under this subsection to the director

after a majority vote by the committee members on those

recommendations.

(8) The committee shall meet not less than quarterly, but as

often as necessary to carry out its duties under this section.

(9) A majority of the members of the committee constitute a

quorum for the transaction of business at a meeting of the

committee. A majority of the members present and serving are

required for official action of the committee.

Sec. 5. To carry out its duties under this act, the department

shall do all of the following:

(a) Establish CSTRCs in accordance with this act.

(b) Develop, coordinate, administer grants to, and perform

evaluations of CSTRCs to ensure that the highest quality of

integrated trauma treatment and support services are provided to

underserved victims of assaultive crimes.

information and education concerning crime survivor trauma recovery

centers.

(d) Develop and maintain the highest standards of integrated

trauma treatment and support services by doing all of the

following:

(i) Seek technical assistance and monitor compliance with

standards to ensure that integrated, evidence-based, and effective

trauma treatment and support services are implemented by CSTRCs.

(ii) Not less than annually, inspect or provide for the

inspection of each CSTRC to ensure compliance with standards

established under this act by the department.

(iii) Promulgate rules to establish requirements for CSTRCs

and individuals providing services necessary to implement this act.

The department shall submit all proposed rules and changes to the

committee and provide a reasonable time for the committee's review

and recommendations before submitting the rules for public hearing

under chapter 3 of the administrative procedures act of 1969, 1969

PA 306, MCL 24.231 to 21.264.

(e) Collect data as required under the crime survivor trauma

recovery center data collection act to ensure that evidence-based

standards for trauma care are being met and to guide the

development and evaluation of additional CSTRCs that are

geographically located in a manner making services accessible to

the greatest possible number of underserved crime survivors.

(f) Make the data collected under subdivision (e) publicly

available in annual reports and on the department's website.

(g) Provide training in evidence-based integrated trauma

treatment and support services for CSTRC personnel.

(h) Provide training for law enforcement, criminal justice

personnel, paramedics and other emergency medical personnel, and

hospital personnel about CSTRCs that is designed to raise awareness

of trauma-informed services and increase access for underserved

victims of assaultive crime.

(i) Ensure that the committee develops rules for the

implementation and operation of the crime survivor trauma recovery

center grant fund created in section 6 by January 1, 2020.

(j) Identify additional funding mechanisms and sources for the

operation of CSTRCs.

(k) Promulgate rules necessary to implement this act under the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328.

(l) Perform other duties as set forth in this act.

(m) Establish a grant program or contract with a public or

private agency to provide training, public information, and

assistance or conduct other activities specified in this act.

(n) Establish procedures for annually reporting to the

governor and the legislature on the development and implementation

of and services provided by CSTRCs.

Sec. 6. (1) The crime survivor trauma recovery center grant

fund is created within the state treasury.

(2) Upon appropriation, additional excess revenue in the crime

victim's rights fund created in section 4 of 1989 PA 196, MCL

780.904, shall be deposited into the crime survivor recovery center

grant fund as provided for in section 4(2) of 1989 PA 196, MCL

780.904, along with any available matching federal funds.

(3) The CSTRCs shall be established and operated utilizing the

money from the crime victim's rights fund created in section 4 of

1989 PA 196, MCL 780.904, and deposited into the crime survivor

recovery center grant fund as provided in section 4(2) of 1989 PA

196, MCL 780.904, and supplemented by matching funds under the

victims of crime act of 1984, chapter 14 of title II of Public Law

98-473.

(4) The state treasurer may receive money or other assets from

any source for deposit into the fund. The state treasurer shall

direct the investment of the fund. The state treasurer shall credit

to the fund interest and earnings from fund investments.

(5) Money in the fund at the close of the fiscal year shall

remain in the fund and shall not lapse to the general fund.

(6) The department shall be the administrator of the fund for

auditing purposes.

(7) The department shall expend money from the fund, upon

appropriation, for the following purposes:

(a) Administering grants to support the operation of CSTRCs.

(b) Technical assistance and evaluation of CSTRCs.

required under the crime survivor trauma recovery center data

collection act.

(d) Training for staff and administrators of CSTRCs on best

practices, policies, and data collection and entry.

Sec. 7. (1) The department shall establish 2 pilot CSTRCs in

fiscal year 2020. Each CSTRC shall receive a 3-year grant of

$1,000,000.00 per calendar year from the crime survivor trauma

recovery center grant fund created in section 6.

(2) The department may award consecutive grants to a CSTRC to

prevent a lapse in funding. The department may not award a CSTRC

more than 1 grant for any period of time.

(3) Any portion of a grant that a CSTRC does not use within

the specified grant period shall revert to the crime survivor

trauma recovery center grant fund created in section 6.

(4) To qualify for grant awards, a CSTRC must do all of the

following:

(a) Employ an experienced, on-site multidisciplinary team of

mental health professionals who provide services using established

evidence-based practices. The team must include all of the

following individuals:

(i) A psychiatrist as that term is defined in section 100c of

the mental health code, 1974 PA 258, MCL 330.1100c.

(ii) A psychologist licensed under part 182 of the public

health code, 1978 PA 368, MCL 333.18201 to 333.18237.

(iii) A social worker licensed under part 185 of the public

health code, 1978 PA 368, MCL 333.18501 to 333.18518.

(iv) A licensed professional counselor licensed under part 181

of the public health code, 1978 PA 368, MCL 333.18101 to 333.18117.

(b) Additional types of clinicians are permitted under

subdivision (a) if the additional clinicians are licensed by the

appropriate licensing board or are in the process of being

licensed.

primary goal of a decrease in psychosocial distress, the

minimization of long-term disability, improvement of overall

quality of life, reduction of the risk of future victimization, and

promotion of post-traumatic growth for crime survivors by doing all

of the following:

(i) Using a single point of contact for the crime survivor

with support from an integrated multidisciplinary trauma treatment

team. All treatment teams shall collaboratively develop treatment

plans in order to achieve positive outcomes for crime survivors.

(ii) Utilizing inclusive eligibility criteria to serve crime

survivors of a wide range of crimes, including, but not limited to,

crime survivors of sexual assault, domestic violence, battery,

crimes of violence, vehicular assault, and human trafficking, as

well as family members of homicide victims to ensure that no person

is excluded from services solely on the basis of emotional or

behavioral issues resulting from trauma, including, but not limited

to, substance abuse problems, low-initial motivation, or high

levels of anxiety.

(iii) Offering a structured evidence-based program of mental

health and support services that provide victims with services that

include intervention, individual and group treatment, medication

management, substance abuse treatment, case management, and

assertive outreach. This care shall be provided in a manner that

increases access to services and removes barriers to care for crime

survivors of violent crime, such as providing services to a crime

survivor in his or her home, in the community, or in other

locations that may be outside the agency.

(iv) Serving crime survivors who are homeless, chronically

mentally ill, members of immigrant and refugee groups, or disabled,

who have severe trauma-related symptoms or complex psychological

issues, who are of diverse ethnicity or origin, or who are juvenile

crime survivors.

(v) Delivering services that include assertive case

management.

(vi) Utilizing assertive outreach.

(vii) Providing any other services under any other criteria

established by the department to ensure that CSTRCs provide high-

quality, evidence-based trauma treatment and support services for

underserved crime survivors of assaultive crime.

(5) The department shall ensure that each CSTRC provides the

minimum number of treatment sessions and targeted support services

to effectively meet the clinical goals established for a crime

survivor. Sixteen treatment sessions is the minimum number of

treatment sessions required for each crime survivor, with up to 32

treatment sessions available if authorized by the multidisciplinary

team.

(6) The department shall only award grants to CSTRCs that

conduct assertive outreachand provide services to underserved

crime survivors.

(7) Each CSTRC that receives a grant from the department shall

be selected by the department through a well-defined process that

takes into account crime rates and geographical distribution to

ensure services are provided to the greatest possible number of

underserved crime survivors.

(8) A CSTRC that is awarded a grant shall do both of the

following:

(a) Provide a report to the department that includes how grant

funds were spent, the number of crime survivors served as tabulated

by counting each individual crime survivor once regardless of the

number of services offered to that crime survivor, staff

qualifications, crime survivor demographic information, units of

service provided by the CSTRC, treatment outcomes, and data related

to treatment, processes, outcomes, and numbers.

(b) Submit any forms and data requested by the department to

allow the department to receive federal matching funds for eligible

crime survivor services and allowable expenses.

(9) The department shall provide an annual report to the

governor and the legislature that includes aggregate and detailed

data provided by the CSTRCs to the department on services, the

demographics of crime survivors served, and outcomes of the

treatment provided by the CSTRC.

Enacting section 1. This act takes effect 90 days after the

date it is enacted into law.

Enacting section 2. This act does not take effect unless

Senate Bill No.____ or House Bill No.____ (request no. 06366'18) of

the 99th Legislature is enacted into law.