SEXUAL ASSAULT VICTIMS' MEDICAL FORENSIC INTERVENTION AND TREATMENT ACT

Act 546 of 2008

AN ACT to create the sexual assault victims' medical forensic intervention and treatment fund; to provide for assessments against certain criminal defendants and certain juvenile offenders; to provide for expenditures from the fund; to provide for establishment of and funding for medical forensic intervention and treatment programs for victims of criminal sexual conduct; and to prescribe the powers and duties of certain state and local governmental officers and agencies.


History: 2008, Act 546, Eff. Apr. 1, 2009




The People of the State of Michigan enact:


400.1531 Short title.

Sec. 1.

    This act shall be known and may be cited as the "sexual assault victims' medical forensic intervention and treatment act".


History: 2008, Act 546, Eff. Apr. 1, 2009





400.1532 Definitions.

Sec. 2.

    As used in this act:
    (a) "Board" means the domestic violence prevention and treatment board created in section 2 of 1978 PA 389, MCL 400.1502.
    (b) "Criminal sexual conduct" means any of the following:
    (i) A violation, attempted violation, or solicitation or conspiracy to commit a violation of section 520b, 520c, 520d, 520e, 520f, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, 750.520f, and 750.520g.
    (ii) An offense originally charged as an offense described in subparagraph (i) that is subsequently reduced to an offense not included in subparagraph (i).
    (c) "Fund" means the sexual assault victims' medical forensic intervention and treatment fund created in section 3.
    (d) "Sexual assault counselor" means an employee of a sexual assault crisis center whose primary purpose is the rendering of advice, counseling, or assistance to victims or advocacy for victims.
    (e) "Sexual assault crisis center" means a public or private agency that offers specialized direct assistance to victims, including, but not limited to:
    (i) A telephone hotline that is operated 24 hours a day and answered by a sexual assault counselor or trained volunteer.
    (ii) Information and referral services.
    (iii) Crisis intervention services.
    (iv) Advocacy services.
    (v) Service coordination.
    (vi) Community awareness or education programs on sexual assault services.
    (f) "Sexual assault evidence kit" means that term as defined in section 21527 of the public health code, 1978 PA 368, MCL 333.21527.
    (g) "Victim" means a person who consults a sexual assault counselor for the purpose of securing advice, counseling, or assistance concerning a mental, physical, or emotional condition caused by sexual abuse or sexual violence.


History: 2008, Act 546, Eff. Apr. 1, 2009





400.1533 Sexual assault victims' medical forensic intervention and treatment fund; creation; deposit of money into fund; interest and earnings; money in fund at close of fiscal year; department of human services as administrator.

Sec. 3.

    (1) The sexual assault victims' medical forensic intervention and treatment fund is created within the state treasury.
    (2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
    (3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
    (4) The department of human services shall be the administrator of the fund for auditing purposes.


History: 2008, Act 546, Eff. Apr. 1, 2009





400.1535 Expenditures; limitation; award of grants and contracts; manner; annual audit and report; rules.

Sec. 5.

    (1) The board may expend money from the sexual assault victims' medical forensic intervention and treatment fund created in section 3, as appropriated. Money in the fund shall be expended only as follows:
    (a) At least 80% of the money shall be distributed to entities that do, or demonstrate immediate capacity to do, all of the following:
    (i) Operate under the auspices of or in documented partnership with a local sexual assault crisis center.
    (ii) Provide specialized assistance to victims.
    (iii) Perform, or subcontract with another entity through an agreement approved by the board to perform, the procedures required by sexual assault evidence kits in a manner that complies with the standards of training and practice of the International Association of Forensic Nurse Examiners or a similar organization designated by the board in consultation with the department of health and human services.
    (iv) Provide, or subcontract with another entity through an agreement approved by the board to provide, access to medical forensic intervention and treatment services 24 hours a day.
    (b) Not more than 15% of the money may be expended for medical forensic intervention related training and technical assistance for staff members and for needs assessment.
    (c) Not more than 10% of the money may be expended for administrative costs incurred by the board in implementing and administering this act.
    (2) The board shall distribute money under subsection (1) by awarding grants and contracts in a manner that reflects the population, geographic area, and rural and urban diversity of this state using criteria developed by the board in consultation with the department of health and human services.
    (3) The board may require an annual audit of income and expenditures under this section and shall provide an annual report of incomes and expenditures to the secretary of the senate and the clerk of the house of representatives by February 1 of each year.
    (4) The board may promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement this section.


History: 2008, Act 546, Eff. Apr. 1, 2009 ;-- Am. 2018, Act 526, Eff. Mar. 28, 2019




Rendered 8/15/2025 6:23 PM
Michigan Compiled Laws Complete Through PA 5 of 2025
Courtesy of legislature.mi.gov