December 6, 2016, Introduced by Reps. Howrylak, Kosowski, Vaupel, Lucido, Santana and Liberati and referred to the Committee on Criminal 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.
(c) "Assertive outreach" means removing barriers to care by
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 of health
and human services.
(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.
(c) Two representatives of community-based organizations
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.
(c) Facilitate and promote programs providing public
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 (d) 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, 2018.
(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
federal victims of crime act of 1984 (VOCA), 42 USC 112.
(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.
(c) Database development for data collection for all CSTRCs as
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 2018. 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.
(c) Provide trauma treatment and support services with a
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 outreach and 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. 6102 (request no. 06561'16) of
the 98th Legislature is enacted into law.