The Commission on Family Violence Prevention was established pursuant to House Joint Resolution 279 in 1994 and continued through Senate Joint Resolution 27 in 1996. The Bureau of Justice Assistance of the United States Department of Justice awarded a grant to the Supreme Court of Virginia, Office of the Executive Secretary, to support the work of the Commission. The Commission has involved a broad base of citizens in its work: 128 individuals on task groups, 75 individuals on subcommittees, and 30 individuals on the Commission.

The Commission is charged to study family violence, including partner abuse, child abuse, elder abuse, sexual assault, and stalking, to: determine the impact of family violence on children; examine the availability and accessibility of services and resources to victims of family violence; investigate the development of standards for effective Batterer Treatment programs; examine effective prosecution techniques; and determine services, resources and legislation which may be needed to further address, prevent and treat family violence.

1997 Legislative Agenda

During the 1997 General Assembly Session, the Commission is presenting legislation based on the work of the task groups, testimony received at public hearings, and consideration of proposals presented by the City of Alexandria and other interested parties. After reviewing the recommendations of all the Subcommittees, the Commission, at its January 6, 1997 meeting, adopted the following legislative agenda:

SB 113 Clarifications -

- § 16.1-253.1 and § 16.1-253.4 - clarifies that information for Preliminary and Emergency Protective Orders, including the date of service, should be entered by local law enforcement personnel into the Virginia crime information network "as soon as practicable after issuance";

- § 16.1-253.4 - explains that only a law-enforcement officer may request by electronic means (i.e., telephone) the issuance of an emergency protective order;

- § 16.1-253.4 - clarifies that upon the issuance of a warrant for violation of § 18.2-57.2 and the likelihood of future abuse, an emergency protective order shall be issued;

- § 16.1-279.1 - technical amendment to the protective orders section granting full faith and credit to orders issued by other states which conforms our statute to the federal statute;

- § 19.2-81.3 - allows that a local law enforcement department, instead of a particular officer, shall make a copy of a summary report available to an allegedly abused person.

Criminal Injury Compensation Fund (CICF)

- §19.2-368.2 - includes injuries from stalking as compensable through the CICF;

- § 19.2-368.6 - provides that upon their request, CICF shall receive medical records related to criminal injuries from the health care providers;

Physical Evidence Recovery Fund

- §19.2-165.1 - includes animate object sexual penetration and marital sexual assault in the list of qualifying reimbursable offenses; moves the administration of the fund that compensates health care providers for the recovery of evidence in sexual assault cases from the Supreme Court of Virginia to the Department of Criminal Justice Services.

Resolutions

Legislative study of the Criminal Injury compensation Fund (ClCF)

• study the standards applied to the compensation of victims, debt collection during the pendency of a claim, criteria used to determine contributory behavior, mental health services documentation, and assistance provided to victims.

Legislative study of the establishment of a Barterer Intervention Program

• study the feasibility of creating a statewide mandatory intervention program for batterers similar to the VASAP model in place for drunk drivers; the study should produce recommendations related to the structure, staffing, budget, central oversight and fee mechanism required to establish such a program; legislative members of the Commission on Family Violence Prevention and the VASAP advisory Board should participate in the study.

Resolution directing the Commission to develop standards for Batterer Intervention Programs

• develop minimum standards of practice for programs providing court ordered services for batterers; standards should address the following: program philosophy & purpose, group type & structure, provider qualifications, staff education & training, intake & noncompliance procedures and feedback to the courts; this effort will be coordinated with the legislative study to establish the monitoring & oversight body.

Resolution directing the Commission to assure training is provided to certain groups

• assure training for criminal justice personnel including judges, substitute judges, clerks, magistrates, law enforcement personnel, probation and parole officers, defense attorneys, Commonwealth's Attorneys, Guardians ad Litem, and Court Appointed Special Advocates; and for human services personnel including mental health and health care providers.

Resolution to continue the Commission

• directs the Commission to further study the impact of family violence on children, determine what resources and services are needed, and examine the role of the business, religious and scholastic communities in preventing and responding to family violence; add the Commissioner of the Department of Health, the Director of the Department of Criminal Justice Services, a representative of the media and a representative of the business community to the Commission.

Budget Issues

- Introduce a budget amendment to add $200,000 to the Department of Social Services to support the Child Protective Services Multiple Response Pilot Project. These funds would be used to allow for purchase of services for children living in abusive homes.

-Add language in the budget directing the Office of the Executive Secretary of the Supreme Court and the State Police to work cooperatively to develop a streamlined and efficient method to enter protective orders in the criminal information network so that the information entered can be used to expedite service, enhance enforcement and serve as a registry that can be queried across jurisdictions. The agencies should determine what equipment or other resources would be needed to establish such a system and report back to the Commission and next session of the General Assembly.

-Introduce a budget amendment to provide $60,000 for the continued work of the Commission on Family Violence Prevention.

Formal Endorsement

- City of Alexandria's Recommendations

• Elevate the crime of stalking from class 2 misdemeanor to a class one misdemeanor;

• Create the crime "stalking with a deadly weapon" which will be punishable as a felony (possibly class 6);

• Give General District Courts the powers of protective orders when a warrant for stalking has been issued;

• Support Delegate Moran's HB 150, which would not allow accord & satisfaction in cases of family or household member assault and battery.

- Support a budget amendment to add funds to the Family Violence Prevention Fund to support child abuse prevention services at the local level - $500,000.

- Support a budget amendment to add funds to support Healthy Families Programs across Virginia- $600,000 (this would continue 5 existing programs and add 6 new sites).