SAFE Commission Goals
The SAFE Commission determined the following goals were set by legislation:
- Establish a basic standard of care for victims of sexual assault and examine national standards of care
- Establish mandatory statewide protocol for conducting sexual assault medical forensic examinations
- Recommend minimum training requirements for providers conducting exams
- Establish minimum requirements for local plans developed by county or regional boards
- Facilitate the development of SANE recruitment and retention programs (Training Requirements Subcommittee responsibilities)
- Identify areas of greatest need regarding the collections of evidence and evaluation
- Adopt necessary and reasonable requirements relating to establishment of a statewide training and forensic examination system
- Approve local protocols/plans
SAFE Commission Annual Reports
The WV SAFE Commission is required to submit annual reports to the WV Legislature. These reports highlight in detail the SAFE Commission's work on SANE training programs, legislative actions related to medical forensic exams, and efforts to standardize and support the development of county plans for providing medical forensic examinations throughout West Virginia.
Annual Reports
- September 1, 2023-August 31, 2024
- September 1, 2022-August 31, 2023
- September 1, 2021-August 31, 2022
- September 1, 2020-August 31, 2021
- September 1, 2019-August 31, 2020
- September 1, 2018-August 31, 2019
- September 1, 2017-August 31, 2018
- September 1, 2016-August 31, 2017
- September 1, 2015-August 31, 2016
- September 1, 2014-August 31, 2015
SAFE Commission - WV CODE
§15-9B-1. West Virginia Sexual Assault Forensic Examination (SAFE) Commission
The Sexual Assault Forensic Examination (SAFE) Commission is a subcommittee of the Governor's Committee on Crime, Delinquency, and Correction. It was created under West Virginia Code to establish, manage, and monitor a statewide system to facilitate the timely and efficient collection, submission, testing, retention, tracking and disposition of forensic evidence in sexual assault cases.
§15-9B-2. Powers and Duties of the SAFE Commission
Powers and duties of the SAFE Commission include, but are not limited to, the following:
- Establish a basic standard of care for victims of sexual assault and examine the national standard of care
- Establish mandatory statewide protocol for conducting sexual assault medical forensic examination, including designating locations and providers to perform examinations, establishing minimum qualifications and procedures for their performance, and establishing protocols to assure the proper colletion of evidence
- Facilitate the recruitment and retention of qualified healthcare providers who are properly qualified to conduct forensic examinations
- Authorize minimum training requirements for providers conducting exams and establish a basic standard of care for victims of sexual assault
Each county prosecutor, or his or her designee, shall convene a Sexual Assault Forensic Examination Board that is responsible for identifying facilities that have qualified medical providers to provide forensic services for sexual assault victims. If care is not available, appropriate transport is required for a timely and appropriate forensic examination.
The SAFE Commission will set forth minimum requirements for local plans developed by county or regional boards, and approve local plans for each area of the state on a county or regional basis.
This bill provides for the timely and efficient collection, submission, testing, retention, and disposition of forensic evidence in sexual assault cases requiring sexual assault forensic examination kits collected by health care providers to be directly submitted to the West Virginia State Police Forensic Laboratory. It establishes procedures, defines terms, establishes misdemeanor penalties, and granting rule-making authority.
Upon collection, a sexual assault forensic examination kit shall be submitted for testing by the health care provider to the West Virginia State Police Forensic Laboratory within 30 days of collection or as soon thereafter as practicable. Biological evidence obtained through tests of a sexual assault forensic examination kit shall not be destroyed.
Neglecting to perform the duties set forth in Article 9B would be a misdemeanor with a fine not less than $50 nor more than $200 or confined in jail for less than 60 days or both.
SAFE Commission - WV Legislative Rules
In West Virginia,
Legislative Rule 149-11, also known as "Sexual Assault Forensic Examinations" establishes a regulatory system and sets requirements for how healthcare facilities provide sexual assault forensic examinations to sexual assault victims.
Hospitals are required to provide:
- Appropriate and timely medical care
- Forensic services in a private setting
- Evidence collection using the WV Sexual Assault Evidence Collection Kit for sexual assault victims presenting within 96 hours
- Provide support by contacting the advocate from the local rape crisis center
§149-11-1. General
§149-11-2. Definitions
§149-11-3. Treatment of sexual assault victims.
§149-11-4. Photo documentation.
§149-11-6. Laboratory Responsibilities - Receipt of sexual assault evidence by laboratory.
§149-11-7. Maintenance of nonreported Sexual Assault Evidence Collection Kits.
The purpose of this bill, designating Articles §15-9B-1, §15-9B-2, and §15-9B-3, establishes a regulatory system for sexual assault forensic examinations that does the following:
- Creates the Sexual Assault Forensic Examination Commission
- Sets forth the membership of the SAFE Commission and authorizes certain additional members
- Requires the commission to establish mandatory statewide protocols for conducting sexual assault forensic examinations, requiring hospitals to staff qualified health care providers trained and properly qualified by the Sexual Assault Forensic Examination Commission to collect sexual assault forensic examination kits
- Sets forth other powers and responsibilities of the commission, including authorizing rule-making ability
- Requires county prosecutors to convene and chair local Sexual Assault Forensic Examination Boards
- Authorizes counties to combine to form regional boards
- Sets forth minimum requirements for local plans developed by county or regional boards