New Jersey-2024-A4411-Introduced

An Act concerning Sexual Assault Response Teams and amending P.L.2001, c.81

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 4 of P.L.2001, c.81 (C.52:4B-52) is amended to read as follows:

4. The program coordinator shall:

a. Coordinate the county Sexual Assault Nurse Examiner program in accordance with standard protocols for the provision of information and services to victims of sexual assault developed by the Attorney General pursuant to subsection d. of section 6 of P.L.1985, c.404 (C.52:4B-44);

b. Perform forensic sexual assault examinations on victims of sexual assault in accordance with the standards developed by the Attorney General and appropriate medical and nursing standards of care;

c. Designate one or more licensed physicians or certified forensic sexual assault nurse examiners to perform forensic sexual assault examinations on victims of sexual assault in accordance with the standards developed by the Attorney General and appropriate medical and nursing standards of care;

d. Develop and implement standardized guidelines for forensic sexual assault examinations performed by designated physicians or certified forensic sexual assault nurse examiners in the county;

e. Develop and implement a standardized education and training program to provide instruction to members of the county Sexual Assault Response Team established pursuant to section 6 of this act which shall include, but not be limited to, instruction in the following areas:

(1) the importance of a coordinated, multi-disciplinary response to a report of sexual assault;

(2) the policies and procedures which govern the responsibilities of each team member;

(3) the psychological effects of sexual assault and rape trauma syndrome on the victim and the victim's family and friends;

(4) the collection, handling and documentation of forensic evidence; [and]

(5) confidentiality issues associated with the treatment of a victim of sexual assault and the investigation of a report of sexual assault; and

(6) interacting with victims who have developmental disabilities.

f. Establish, in cooperation with licensed health care facilities, private waiting rooms and areas designated for forensic sexual assault examinations and the provision of rape care services in the licensed health care facilities participating in the program;

g. Develop, in cooperation with licensed health care facilities, protocols for the storage of forensic evidence;

h. Provide appropriate services to victims of sexual assault, including the opportunity to tend to personal hygiene needs, obtain fresh clothing and speak with a rape care advocate prior to and during any medical procedure or law enforcement investigation, unless the victim requires immediate medical attention, as appropriate;

i. Collaborate with law enforcement officials and the county rape care program to ensure that the needs of victims of sexual assault are met in a compassionate manner;

j. Participate in regular meetings of the Sexual Assault Nurse Examiner Program Coordinating Council established pursuant to section 7 of this act; and

k. Develop and implement procedures to ensure that victims of sexual assault are not charged any fee for services that are directly associated with forensic sexual assault examinations, including routine medical screening, medications for prophylaxis of sexually transmitted infections, pregnancy tests, emergency contraception, supplies, equipment and use of space.

As used in this section and section 6 of this act, "rape care advocate" means a victim counselor, as defined pursuant to section 3 of P.L.1987, c.169 (C.2A:84A-22.14), who specializes in the provision of rape care services.

(cf: P.L.2011, c.106, s.2)

2. This act shall take effect on the first day of the fourth month after enactment.

STATEMENT

This bill requires the members of each Sexual Assault Response Team to receive training on interacting with victims with developmental disabilities.

Under current law, the county prosecutor in each county is required appoint or designate a certified forensic sexual assault nurse examiner to serve as program coordinator for the Sexual Assault Nurse Examiner program in the county. In addition to other duties, the program coordinator is required to develop and implement a standardized education and training program to provide instruction to members of the county Sexual Assault Response Team on certain topics. Current law requires the response team to be comprised of a certified forensic sexual assault nurse examiner, a rape care advocate, and a law enforcement official.

The bill provides that the training provided to the response team is required to include instruction on interacting with victims who have developmental disabilities.