D.C. Code § 4-561.14

Current through codified legislation effective October 30, 2024

Section 4-561.14 - The SART Case Review Subcommittee

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

(b) The Case Review Subcommittee shall be comprised of, at a minimum, 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 his or her designee; provided, that the designee is a member of the Sexual Assault Unit with the rank of Captain or above;

(3) The Director, or his or her 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 OVS, from a community-based organization that is providing post-assault mental health services;

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

(6) The Director, or his or her 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:

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

(B) Specific cases as requested by members of the SART or the Case Review Subcommittee; and

(C) Specific cases as requested by the independent expert consultant.

(2) The Case Review Subcommittee shall also conduct a review of complaints sexual assault victims have communicated to members of the SART.

(d) In addition the duties set forth in subsection (c) of this section, the Case Review Subcommittee shall:

(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.] does not apply to meetings of the Case Review Subcommittee.

D.C. Code § 4-561.14

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