MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary, Division B; Accountability, Efficiency, Transparency
By: Senator(s) Tindell
AN ACT TO CREATE THE COMMISSION AGAINST INTERPERSONAL VIOLENCE AND TO ESTABLISH THE MEMBERSHIP, POWERS AND DUTIES OF THE COMMISSION; TO GRANT TO THE COMMISSION THE AUTHORITY TO RECEIVE CERTAIN FEDERAL GRANT FUNDS; TO AMEND SECTION 93-21-101 TO DEFINE CERTAIN TERMS; TO AMEND SECTION 93-21-103 TO GRANT THE COMMISSION AUTHORITY TO SET RULES REGARDING THE DISTRIBUTION OF GRANT FUNDS TO SHELTERS AND OTHER PROGRAMS; TO AMEND SECTION 93-21-107 TO MODIFY REQUIREMENTS FOR LOCAL MATCH PAYMENTS FOR GRANTS AND GRANT CEILINGS; TO AMEND SECTION 93-21-109 TO ESTABLISH CIVIL PENALTIES FOR STAFF AND VOLUNTEERS OF SHELTERS OR OTHER ORGANIZATIONS WHO DISCLOSE INFORMATION ABOUT PERSONS RECEIVING SERVICES FROM SHELTERS; TO ESTABLISH A QUALIFIED PRIVILEGE FOR SHELTER STAFF CALLED UPON TO TESTIFY ABOUT SERVICE RECIPIENTS IN CIVIL PROCEEDINGS; TO AMEND SECTION 93-21-117 TO MAKE THE COMMISSION RESPONSIBLE FOR ADMINISTERING THE VICTIMS OF DOMESTIC VIOLENCE FUND; TO REPEAL SECTION 93-21-105 WHICH SETS CERTAIN CRITERIA FOR THE DISTRIBUTION OF GRANT FUNDS TO SHELTERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 93-21-119, Mississippi Code of 1972:
93-21-119. (1) There is hereby created the State Commission Against Interpersonal Violence that shall consist of seven (7) members to be appointed as follows:
(a) From and after passage, the Governor shall appoint seven (7) members from the Domestic Violence Task Force created by Senate Bill 2631, Regular Session 2013, to serve until June 30, 2016. The members selected shall not be persons who hold office in the judicial or legislative branches of the State of Mississippi, nor shall they be any person who derives income from any grants or funds made under the authority of this act. The Governor shall appoint initial members to the commission within twenty (20) days of the effective date of this act. At the time the commission has been appointed, the Governor shall direct its membership to convene, elect a chairperson, and conduct initial business.
(b) From organization until June 30, 2014, the commission shall work with the State Department of Health and the Department of Public Safety to insure orderly transfer of funds and other assets to the commission. The Department of Finance and Administration and the State Personnel Board shall provide support to the commission to insure an orderly transition of responsibilities.
(c) From appointment until July 1, 2014, members of the commission shall be eligible to receive travel and per diem as authorized by Sections 25-3-41 and 25-3-69 payable by the Department of Finance and Administration. The department may seek reimbursement for expenses from the Victims of Domestic Violence Fund. The Department of Finance and Administration shall also provide temporary office space and support until the commission has a permanent office.
(d) From and after July 1, 2014, the commission shall have all powers and duties set out in Sections 2 and 3 of this act.
(2) From and after July 1, 2016, the Governor shall appoint seven (7) members who shall be appointed as follows:
(a) One (1) licensed therapist or social worker, whose initial term shall be for two (2) years;
(b) One (1) member of the faith community, whose initial term shall be for two (2) years;
(c) One (1) licensed attorney, whose initial term shall be for three (3) years;
(d) One (1) certified public accountant with experience in auditing, whose initial term shall be for three (3) years;
(e) One (1) business professional whose initial term shall be for four (4) years;
(f) One (1) medical professional who may be either a medical doctor or a registered nurse with forensic experience, whose initial term shall be for five (5) years; and
(g) One (1) survivor of domestic violence whose initial term shall be for six (6) years.
All appointees shall have general knowledge first hand knowledge of interpersonal violence, and successfully complete the commission's training on interpersonal violence. The members of the commission shall be women and men of recognized achievement who are representative of the ethnic, geographic, socioeconomic and cultural diversity of the State of Mississippi.
Following the expiration of the initial terms, the Governor shall appoint members for terms of six (6) years. All appointments shall be made with the advice and consent of the Senate.
(3) Members of the commission shall be entitled to travel and per diem expenses as provided in Sections 25-3-41 and 25-3-69.
(4) There is hereby created an advisory committee to the Commission Against Interpersonal Violence, which shall be appointed upon the effective date of this act. The advisory committee shall consist of four (4) program directors currently engaged in the management of programs for interpersonal violence victims, the Executive Director of the Mississippi Coalition Against Domestic Violence, the Executive Director of the Mississippi Coalition Against Sexual Assault and a representative of the Mississippi Attorney General's Office Bureau of Victim Assistance, and any other individuals whose experience or expertise are deemed necessary to the process or projects of the commission. The members of the advisory committee shall be nominated by the executive director and approved by the commission membership, and advisory committee members shall serve for terms to be established by the commission. The advisory committee shall not have the authority to take official action in the transaction of any business of the commission, and the fact that the organization represented may receive income from any grants or funds made available under the authority of this act shall not bar participation in this advisory capacity.
(5) Nothing herein shall be construed as preventing the Mississippi Coalition Against Domestic Violence and the Mississippi Coalition Against Sexual Assault from providing technical support services to the commission or service providers.
SECTION 2. The following shall be codified as Section 93-21-121, Mississippi Code of 1972:
93-21-121. (1) The commission shall have the power to do the following:
(a) Employ an executive director, who shall hire all necessary staff to carry out the purposes of this act;
(b) Receive from federal, state and other sources grants and other funds to be directed toward the care for victims of interpersonal violence;
(c) Grant funds to certified agencies for the delivery of shelter and other services for victims of interpersonal violence. In connection therewith, the commission shall have all powers necessary to develop performance standards, financial audit standards, and other necessary standards to insure that all the grantees are managing their facilities and services consistent with the purposes of the grant. From and after July 1, 2016, only agencies meeting the standards developed by the commission shall be eligible to receive funding administered by the commission;
(d) Cooperate with Attorney General's office for the certification of any programs receiving funding;
(e) Study the subject of interpersonal violence and related matters, and regularly report to the Legislature on the need for legislative revisions and initiatives in such areas; and
(f) Develop a strategic plan for the delivery of services for victims of interpersonal violence.
(2) The commission shall seek appropriations authority to expend any funds it receives from any source, and shall comply with all statutes and regulations of the state pertaining to fiscal management of public funds.
SECTION 3. The following shall be codified as Section 93-21-123, Mississippi Code of 1972:
93-21-123. (1) From and after July 1, 2014, the Commission Against Interpersonal Violence shall be the single state agency for the receipt of:
(a) Grants made available to the states under the Victims of Crime Act of 1994 and for services to victims of interpersonal violence and crimes;
(b) All grants made available to the state under the Violence Against Women Act of 1994 as reauthorized in 2013;
(c) All grants made available to the states under the Family Violence and Prevention Act, through the United States Department of Health and Human Services;
(d) Rape Prevention and Education Grants made available through the Center for Disease Control;
(e) Crime bill grants, otherwise known as Preventive Health and Health Services Block Grant made available through the Center for Disease Control; and
(f) Portions of federal human trafficking funds made available to the states for victim services.
(2) The commission shall also be authorized to contract with any agency of the state to receive grants or subgrants for the delivery of services to victims of interpersonal violence.
(3) The commission shall have the authority to seek grants from any other source making such funds available when the purpose of the grant is to provide services and assistance to victims of interpersonal violence, or offers training to persons who assist such victims.
SECTION 4. Section 93-21-101, Mississippi Code of 1972, is amended as follows:
93-21-101. As used in Sections 93-21-101 through * * * 93-21-123, unless the context otherwise requires:
* * *
( * * *a) "Domestic violence
shelter" means a place established to provide temporary food and shelter,
counseling, and related services to victims of domestic violence.
(b) "Interpersonal Violence" means any behavior between family members and intimate partners, but also between acquaintances and strangers, that causes physical, psychological, or sexual harm and includes the crimes of domestic violence, stalking, sexual assault, trafficking, child sexual abuse, and related crimes.
(c) "Batterer Intervention Program" means a program that focuses on behavior modification for perpetrators of domestic violence in an effort to prevent domestic violence from reoccurring. This shall not include programs focusing on anger management or marriage counseling. Any batterer intervention program must document cooperation with a domestic violence shelter program.
SECTION 5. Section 93-21-103, Mississippi Code of 1972, is amended as follows:
93-21-103. There is hereby established a program for victims of domestic violence through domestic violence shelters. The oversight of shelters, and distribution of state and federal grant funds for the purpose of serving victims of domestic violence shall be the responsibility of the Commission Against Interpersonal Violence created in this act. The Commission Against Interpersonal Violence shall have the authority to develop the administrative rules that are necessary and proper to further carry out the purposes of this section.
SECTION 6. Section 93-21-107, Mississippi Code of 1972, is amended as follows:
93-21-107. (1) To qualify for funds under the provisions of Sections 93-21-101 through 93-21-113, a domestic violence shelter shall meet all the following requirements:
(a) Be incorporated in
the state or recognized by the Secretary of State as a private or public
nonprofit corporation. Such corporation shall have a board of directors * * * or an advisory committee or both
who * * *
represent the racial, ethnic and social economic diversity of the area
to be served, including, if possible, at least one (1) person who is or has
been a victim of domestic violence.
(b) Have designed and developed a program to provide the following basic services to victims of domestic violence and their children:
(i) Shelter on a
twenty-four * * *
-hour a day, seven (7) days a week basis.
(ii) A twenty-four * * * -hour, seven (7) days a week
switchboard for crisis calls.
(iii) Temporary housing and food facilities.
(iv) Group support and peer counseling.
(v) Referrals to existing services in the community and follow-up on the outcome of the referrals.
(vi) A method of referral for medical care, legal assistance and group support and counseling of victims of domestic violence.
(vii) Information regarding reeducation, marriage and family counseling, job counseling, and training programs, housing referrals, and other available social services.
(viii) A referral program of counseling for the victim and the offender.
(2) Domestic violence shelters shall establish procedures for admission of victims of domestic violence who may seek admission to these shelters on a voluntary basis.
(3) A domestic violence shelter shall not qualify for funds if it discriminates in its admissions or provision of services on the basis of race, religion, color, age, marital status, national origin or ancestry.
(4) Any state-source
grant made to a shelter shall be matched with local funds in an amount not
less than twenty-five percent (25%) of the * * *
grant amount. The local contribution may not include in-kind
contributions.
(5) A domestic violence shelter receiving state funding under the provisions of Sections 93-21-101 through 93-21-113 shall not be prohibited from accepting gifts, trusts, bequests, grants, endowments, federal funds, other special source funds or transfers of property of any kind for the support of that shelter program.
(6) * * * The
commission shall insure that no grant made with state funds is in an amount
that would exceed Fifty Thousand Dollars ($50,000.00) inflated by a general CPI
inflator to insure that the grant offers shelters the same buying power than a
grant of Fifty Thousand ($50,000.00) provided in 1983.
(7) A domestic violence shelter shall require persons employed by or volunteering services to the shelter to maintain the confidentiality of any information that would identify individuals served by the shelter.
(8) A domestic violence shelter shall provide educational programs relating to battered spouses and domestic violence designed for both the community at large and/or specialized groups such as hospital personnel and law enforcement officials.
(9) No child shall be placed in any domestic violence shelter that receives state funding under these provisions of Sections 93-21-101 through 93-21-113, and no domestic violence shelter that receives state funding under these provisions may admit or accept any child, unless the child is accompanied by his parent or guardian and such parent or guardian will remain with the child in the shelter until the child leaves or is released from the shelter. However, this subsection shall not prevent any rape crisis center from providing care, counseling and related services to any child who is a victim of rape, attempted rape, sexual battery or attempted sexual battery and who is not accompanied by his parent or guardian.
SECTION 7. Section 93-21-109, Mississippi Code of 1972, is amended as follows:
93-21-109. (1) Records maintained by domestic violence shelters, except the official minutes of the board of directors of the shelter, and financial reports filed as required by statute with the board of supervisors or municipal authorities or any other agency of government, shall be withheld from public disclosure under the provisions of the Mississippi Public Records Act of 1983.
(2) Any employee, contractor, volunteer, or agent of a domestic violence shelter, or of any other entity in possession of information that would tend to identify a victim of domestic violence, who discloses any information which is exempt from disclosure under the Mississippi Public Records Act of 1983, or makes any observation or comment about the identify or condition of any person admitted to a shelter or receiving services of a shelter, unless directed to do so by an order of a court of competent jurisdiction, shall be civilly liable to the person whose personal information was disclosed in the amount of Ten Thousand Dollars ($10,000.00), plus any compensatory damages that the individual may have suffered as the result of the disclosure.
(3) (a) No employee, contractor, volunteer, or agent of a domestic violence shelter shall be compelled to testify in any civil matter, or surrender any documents, files, or other records of the shelter, regarding a victim of domestic violence or sexual assault without the consent of the victim, except as provided herein.
(b) A defendant may request from the court an in camera review of the materials in possession of any shelter employees, contractors, agents, or volunteers to determine if there would be a good cause for allowing disclosure of these materials. In deciding on disclosure, the court shall consider the following factors:
(i) The materiality of the information to the defense; and
(ii) The effect disclosure may have on the victim and the victim's relationship with the employee, contractor, volunteer, or agent of the shelter.
(4) A resident or staff member of a domestic violence shelter shall not be required to disclose the street address or physical location of that shelter to any public or private agency. In all cases where the provision of a physical address is required, a post-office box address for the domestic violence shelter shall be deemed sufficient.
SECTION 8. Section 93-21-117, Mississippi Code of 1972, is amended as follows:
93-21-117. (1) There is hereby created in the State Treasury a special fund to be known as the "Victims of Domestic Violence Fund." The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(a) Monies appropriated by the Legislature;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations to the commission or to the Victims of Domestic Violence Fund;
(f) Assessments collected pursuant to Section 83-39-31; and
(g) Monies received from such other sources as may be provided by law.
(2) The circuit clerks of the state shall deposit in the fund on a monthly basis the additional fee charged and collected for marriage licenses under the provisions of Section 25-7-13, Mississippi Code of 1972.
(3) All other monies received from every source for the support of the program for victims of domestic violence, established by Sections 93-21-101 through 93-21-113, shall be deposited in the "Victims of Domestic Violence Fund." The monies in the fund shall be used by the State Department of Health solely for funding and administering domestic violence shelters under the provisions of Sections 93-21-101 through 93-21-113, in such amounts as the Legislature may appropriate to the department for the program for victims of domestic violence established by Sections 93-21-101 through 93-21-113. Not more than ten percent (10%) of the monies in the "Victims of Domestic Violence Fund" shall be appropriated to the State Department of Health for the administration of domestic violence shelters.
(4) From and after July 1, 2014, the Commission Against Interpersonal Violence shall have all powers and duties previously assigned to the State Board of Health with respect to the management of funds in the Victims of Domestic Violence Fund. Any reference to the Department of Health in this article pertaining to the management of the Victims of Domestic Violence Fund shall mean the Commission Against Interpersonal Violence.
(5) From and after the effective date of this section, the State Board of Health shall freeze all expenditures of monies from this fund and shall on July 1, 2014, transfer the balance to the Victims of Domestic Violence Fund as soon as the Commission Against Interpersonal Violence establishes the fund in the State Treasury. The Department of Health shall, until July 1, 2014, pay any expenses of the Commission from monies in the Victims of Domestic Violence Fund.
(6) Nothing herein shall be construed to limit the ability of a domestic violence shelter or other domestic violence program to solicit private donations or community support. Any funds raised by such shelter or program from private donations or community support are not subject to the provisions of this act.
SECTION 9. Section 93-21-105, Mississippi Code of 1972, which sets out specific statutory criteria for the allocation of domestic violence shelters, is hereby repealed.
SECTION 10. Sections 1 and 8 of this act shall take effect and be in force from and after its passage. Sections 2 through 7 and Section 9 of this act shall take effect and be in force from and after July 1, 2014.