SEX ASSAULT COMPENSATION INCREASE                                                H.B. 4505 (S-1):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 4505 (Substitute S-1 as reported)

Sponsor:  Representative Diana Farrington

House Committee:  Families, Children, Seniors

Senate Committee:  Families, Seniors and Human Services

CONTENT

The bill would amend Section 5a of the crime victim's compensation Act to do the following:

-- Require the Crime Victim Services Commission to pay a maximum of $1,200, rather than $600, to a health care provider for the cost of performing a sexual assault medical forensic examination and related services.

-- Revise the specific services for which that payment may be made.

-- Specify that the administration of a sexual assault evidence kit, rather than the victim's request for a sexual assault medical forensic exam, would satisfy the requirements for a victim's prompt law enforcement reporting and cooperation, to qualify for payments authorized under Section 5a and for payments made to claimants under the Act.

MCL 18.355a                                                            Legislative Analyst:  Nathan Leaman

FISCAL IMPACT

The bill would increase State expenditures by possibly $1.4 million to $1.5 million or more, and would have no impact on local units of government. Compensation to health care providers for sexual assault forensic examinations totaled $842,522 for 1,855 exams in FY 2015-16, and $891,668 for 1,943 examinations in fiscal year 2016-17. This resulted in an average cost per case of $454.19 in FY 2015-16 and $458.91 in FY 2016-17. Assuming no growth in the number of sexual assault forensic examinations, at $1,200 per exam, the total cost in FY 2017-18 for 1,943 exams would have been $2.3 million, an increase of $1.4 million. Assuming an equivalent 4.7% growth in the number of sexual assault forensic examinations as seen between FY 2015-16 and FY 2016-17, at $1,200 per exam, the total cost in FY 2017-18 for 2,034 exams would have been $2.4 million, an increase of $1.5 million.

The cost of this bill could be greater than $1.5 million. According to the Uniform Crime Report, more than 6,500 incidents of criminal sexual conduct were reported to Michigan police in 2016. This count does not include cases that were never reported, which are still eligible for sexual assault forensic exam reimbursement under Section 5a of the Act.

Currently, the SAFE Response program pays for all sexual assault medical forensic exams out of the Crime Victim's Rights Fund. Since FY 2011-12, the Fund has seen revenue exceed expenditures, with a surplus close to $7.0 million each year since FY 2012-13. An increase in expenditures related to the bill would not strain the Fund unless it exceeded $7.0 million.

Date Completed:  6-7-18                                                  Fiscal Analyst:  Ellyn Ackerman

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.