-
MICHIGAN DOMESTIC AND SEXUAL VIOLENCE PREVENTION AND TREATMENT BOARD
MICHIGAN DOMESTIC VIOLENCE PREVENTION AND TREATMENT BOARD
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and
WHEREAS, the Violence Against Women (“Violence Against Women Act”) and the Department of Justice Reauthorization Act of 2005, PL 109–162, January 5, 2006, 119 Stat 2960, provide federal dollars to address domestic and sexual violence; and
WHEREAS, the Violence Against Women Act addresses both domestic violence and sexual violence; and
WHEREAS, Congress enacted 42 USC 14043g, the Violence Against Women Act Sexual Assault Services Program grant to assist in providing intervention, advocacy, accompaniment, support services, and assistance to victims of sexual assault; and
WHEREAS, Act 389 of 1978, MCL 400.1501 to MCL 400.1511, established the Domestic Violence Prevention and Treatment Board; and
WHEREAS, the Michigan Domestic Violence Prevention and Treatment Board is the designated agency to administer and monitor grants under the Violence against Women Act Sexual Assault Services Program which supports nonprofit, nongovernmental sexual assault service provider organizations; and
WHEREAS, the goals and functions of the Domestic Violence Prevention and Treatment Board affect both domestic violence and sexual violence prevention and treatment; and
WHEREAS, the Michigan Domestic Violence Prevention and Treatment Board provides sexual assault funding to Sexual Assault Centers in Michigan; and
WHEREAS, MCL 400.1531 to 400.1535 delegated responsibility to the Michigan Domestic Violence Prevention and Treatment Board to expend money from the Sexual Assault Victims’ Medical Forensic Intervention and Treatment Fund; and
WHEREAS, MCL 722.1041 to 722.1044 delegated responsibility to the Michigan Domestic Violence Prevention and Treatment Board to expend money from the Children’s Advocacy Center Fund; and
WHEREAS, incorporating sexual abuse prevention and treatment into the Domestic Violence Prevention and Treatment Board will lead to more effective outcomes and greater administrative efficiency for domestic violence and sexual abuse victims;
NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963, and the laws of the state of Michigan, order the following:
I. CREATION OF THE MICHIGAN DOMESTIC AND SEXUAL VIOLENCE PREVENTION AND TREATMENT BOARD
A. The Michigan Domestic and Sexual Violence Prevention and Treatment Board (“Board”) is created within the Department of Human Services (“Department”). The Director of the Department shall provide appropriate staff support for the Board, subject to available funding.
B. All of the authority, powers, duties, functions, and responsibilities of the Michigan Domestic Violence Prevention and Treatment Board established by Act 389 of 1978, MCL 400.1501 to MCL 400.1511 shall be transferred to the Michigan Domestic and Sexual Violence and Prevention Treatment Board created under Section I. A. of this Order. All records, personnel, property and unexpended balances of appropriations of the Michigan Domestic Violence Prevention and Treatment Board are transferred to the Michigan Domestic and Sexual Violence Prevention and Treatment Board.
C. The Michigan Domestic Violence Prevention and Treatment Board is abolished.
II. BOARD MEMBERSHIP
A. The Governor shall appoint a Michigan Domestic and Sexual Violence Prevention and Treatment Board consisting of seven (7) members, all of whom shall have experience in an area related to the problems of domestic violence and/or sexual violence. The members shall be appointed by the Governor with the advice and consent of the senate. The term of office of a member shall be three (3) years, except that of the members first appointed, two (2) shall serve for a term of one (1) year, two (2) shall serve for a term of two (2) years and three (3) shall serve for a term of three (3) years.
B. The Governor shall designate one member of the board to serve as chairperson. A majority of the members shall constitute a quorum.
C. A vacancy on the Board shall be filled in the same manner as the original appointment.
A member appointed to fill a vacancy occurring other than by expiration of a term shall be appointed for the remainder of the unexpired term.
D. The legislature shall establish per diem compensation and the schedule for reimbursement of expenses.
III. CHARGE TO THE BOARD
The Board shall do all of the following:
1. Coordinate and monitor programs and services funded under Act 389 of 1978, MCL 400.1501 to MCL 400.1511 or otherwise supported by funds expended by the board for the prevention of domestic and sexual violence and the treatment of victims of domestic and sexual violence.
2. Develop standards for the implementation and administration of services and procedures to prevent domestic and sexual violence, and to provide services and programs for victims of domestic and sexual violence.
3. Provide planning and technical assistance to prime sponsors for the development, implementation, and administration of programs and services for the prevention of domestic and sexual violence, and the treatment of victims of domestic and sexual violence.
4. Conduct research to develop and implement effective means for preventing domestic and sexual violence and treating victims of domestic and sexual violence.
5. Provide assistance to the Department of State Police in developing a system for monitoring and maintaining a uniform reporting system to provide accurate statistical data on domestic and sexual violence.
6. Coordinate educational and public informational programs for the purpose of developing appropriate public awareness regarding the problems of domestic and sexual violence; encourage professional persons and groups to recognize and deal with problems of domestic and sexual violence; to make information about the problems of domestic and sexual violence available to the public, organizations, and agencies that deal with problems of domestic and sexual violence; encourage the development of community programs to prevent domestic and sexual violence; and provide services to victims of domestic and sexual violence.
7. Study and recommend changes in civil and criminal laws and procedures that will enable victims of domestic and sexual violence to receive equitable and fair treatment under the law.
8. Advise the legislature and Governor on the nature, magnitude, and priorities of the problem of domestic and sexual violence, the needs of victims of domestic and sexual violence, and recommend appropriate changes in state laws and programs related to domestic and sexual violence.
9. Develop policies, budgets, and standards that will reduce the problem of domestic and sexual violence and improve the condition of victims.
10. Administer grants awarded pursuant to the Violence Against Women Act, the Family Violence Prevention and Services Act, and other governmental or non-governmental grants.
IV. MISCELLANEOUS
A. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order. Any suit, action, or proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
B. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this order.
This Executive Order shall become effective upon filing.
Given under my hand and the Great Seal of the state of Michigan this day of December, in the Year of our Lord Two Thousand Twelve.
RICHARD D. SNYDER
GOVERNOR
BY THE GOVERNOR:
SECRETARY OF STATE
