West Virginia Code
(a) The Sexual Assault Forensic Examination Commission is continued as a subcommittee of the Governor's Committee on Crime, Delinquency and Correction. The purpose of the commission is to establish, manage and monitor a statewide system to facilitate the timely and efficient collection of forensic evidence in sexual assault cases. As used in this article, the word "commission" means the Sexual Assault Forensic Examination Commission.
(b) Membership on the commission shall consist of the following:
(1) A representative chosen from the membership of the West Virginia Prosecuting Attorneys Association who shall be chosen by the president of that organization;
(2) A representative chosen from the membership of the West Virginia Association of Counties who shall be chosen by the executive director of that organization;
(3) The Commissioner of the Bureau for Public Health, or his or her designee;
(4) A representative from the State Police Forensic Laboratory who shall be chosen by the Superintendent of the West Virginia State Police;
(5) A representative from the membership of the West Virginia Child Advocacy Network;
(6) The President of the West Virginia Hospital Association, or his or her designee;
(7) A representative from the membership of the West Virginia Foundation for Rape and Information Services who shall be chosen by the state coordinator of that organization;
(8) A representative of the West Virginia University Forensic and Investigative Sciences Program who shall be chosen by the director of that program; and
(9) A representative of the Marshall University Forensic Science Center who shall be chosen by the director of that organization.
(c) If any of the representative organizations listed in subsection (b) cease to exist, the director of the Division of Justice and Community Services may select a person from a similar organization.
(d) The director shall appoint the following additional members of the commission:
(1) An emergency room physician licensed to practice and practicing medicine in this state;
(2) A victim advocate from a rape crisis center employed in this state;
(3) A sexual assault nurse examiner who is engaged in an active practice within this state;
(4) A law-enforcement officer in this state with experience in sexual assault investigations;
(5) A health care provider with pediatric and child abuse expertise licensed in this state; and
(6) A director of a child advocacy center licensed and operating in this state.
(e) The commission shall establish mandatory statewide protocols for conducting sexual assault forensic examinations, including designating locations and providers to perform forensic examinations, establishing minimum qualifications and procedures for performing forensic examinations and establishing protocols to assure the proper collection of evidence.
(a) The commission shall facilitate the recruitment and retention of qualified health care providers that are properly qualified to conduct forensic examinations. The commission shall work with county and regional officials to identify areas of greatest need and develop and implement recruitment and retention programs to help facilitate the effective collection of evidence.
(b) The commission shall authorize minimum training requirements for providers conducting exams and establish a basic standard of care for victims of sexual assault. The commission may adopt necessary and reasonable requirements relating to establishment of a statewide training and forensic examination system, including, but not limited to, developing a data collection system to monitor adherence to established standards, assisting exam providers to receive training and support services, advocating the fair and reasonable reimbursement to exam providers and facilitating transportation services for victims to get to and from designated exam locations.
(c) The commission shall approve local plans for each area of the state on a county or regional basis. If the commission deems necessary, it may add or remove a county or portion thereof from a region to assure that all areas of the state are included in an appropriate local plan. Upon the failure of any county or local region to propose a plan, the commission may implement a plan for that county or region.
(d) Once a plan is approved by the commission, it can only be amended or otherwise altered as provided by the rules authorized pursuant to subsection (e) of this section. Designated facilities and organizations providing services shall give the commission thirty days' advance notice of their intent to withdraw from the plan. If there is a change of circumstances that would require a change in a county or regional plan, the members of the local board and the state commission shall be notified.
(e) The commission may adopt and modify bylaws, policies and procedures for the conduct of its meetings and the operation of the committee. The commission may propose rules for legislative approval, in accordance with article three, chapter twenty-nine-a of this code, as are necessary to implement this article.
(f) The commission shall elect a chair and a vice chair and such other officers as it deems necessary. Special meetings may be held upon the call of the chair, vice chair or a majority of the members of the commission. A majority of the members of the commission present in person, by proxy or designation, or by electronic means constitutes a quorum.
(g) Any member appointed to the commission who is a written designated representative has the full rights of a member, including the right to vote, serve on subcommittees or perform any other function.
(h) The commission may make recommendations to the Governor's Committee on Crime, Delinquency and Correction for legislation related to the commission's duties and responsibilities or for research or studies by the Division of Justice and Community Services on topics related to the commission's duties and responsibilities.
(a) Each county prosecutor, or his or her designee, shall convene a Sexual Assault Forensic Examination Board, or may, as an alternative, convene and chair the sexual assault response team in the county to act as the Sexual Assault Forensic Examination Board. If a regional board is authorized, all county prosecutors from the designated area shall be members of the board. The prosecutors shall assure that each board be proportionally representative of the designated region. Each board may vary in membership, but should include representatives from local health care facilities, local law enforcement, multidisciplinary investigative teams, county and municipal governments and victims advocates. Each county or regional board shall develop a local plan and protocols for the area, which will address, at a minimum, the following:
(1) Identifying facilities that are appropriate for receipt and treatment of sexual assault victims;
(2) Evaluating the needs and available resources of the area, including the number of qualified physicians or nurses, or both, to facilitate and encourage 24-hour, seven-day-a-week coverage; and
(3) Developing an alternative plan in case there is a change in circumstances to ensure continuity of service.
(b) If availability of services are limited, or the remoteness of the region causes lack of adequate examination facilities or personnel, the local boards may designate local government or other resources to provide appropriate transport of victims to facilities where the victim can receive a timely and appropriate forensic examination.
(a) The Sexual Assault Forensic Examination Commission created by §15-9B-1 of this code shall establish a subgroup of persons with subject matter expertise to establish best-practice protocols for the submission, retention, and disposition of sexual assault forensic examination kits collected by health care providers. The commission shall propose rules for legislative approval, in accordance with §29A-3-1 et seq. of this code, detailing best-practice protocols. Upon approval of the legislative rules, local sexual assault forensic examination boards shall follow the rules.
(b) Rules promulgated pursuant to §15-9B-4(a) of this code shall include:
(1) Time frames for submission of sexual assault forensic examination kits in the possession of law enforcement; and
(2) Protocols for storage of DNA samples and sexual assault forensic examination kits.
(c) The commission may promulgate emergency rules pursuant to the provisions of §29A-3-15 of this code in order to implement this section: Provided, That no emergency rule may permit the destruction of any DNA evidence.