Code of the District of Columbia

Chapter 5. Victims of Crime.


Subchapter I. Compensation for Crime Victims.

§ 4–501. Definitions.

For the purposes of this chapter the term:

(1) “Board” means the Crime Victims Compensation Appeals Board.

(2) “Claimant” means a person who makes a claim for compensation under this chapter and who is a:

(A) Victim;

(B) Secondary victim; or

(C) Person acting on behalf of a victim or a secondary victim, but not including a provider of services.

(3) “Collateral source” means a source of benefits or compensation available to a claimant for economic loss resulting from a crime of violence. This term includes payments or benefits from:

(A) The offender;

(B) The United States, District of Columbia, a state or territory of the United States or its political subdivisions, or an agency of the foregoing, including Social Security, Medicare, Medicaid, Workers’ Compensation, Public Employees’ Disability Compensation, the Department of Human Services, the Department of Health, the Child and Family Services Agency, and Court Social Services;

(C) A wage continuation program of an employer;

(D) A contract of life, health, disability, liability, or fire and casualty insurance, or a contract providing prepaid hospital or health care benefits;

(E) Proceeds of a lawsuit brought as a result of the crime; or

(F) Life insurance proceeds of more than $50,000.

(4) “Commission” means the Crime Victims Compensation Advisory Commission.

(5) “Court” means the Superior Court of the District of Columbia.

(6) “Crime of violence” or “crime” means the offense of, or the attempt to commit the offense of, an act of terrorism, use, dissemination, or detonation of a weapon of mass destruction, manufacture or possession of a weapon of mass destruction, arson, assault, assault with a dangerous weapon, aggravated assault, assault on a police officer, assault with intent to kill, assault with intent to commit any offense, burglary, stalking, threats, negligent homicide, sexual abuse, kidnapping, maliciously disfiguring another, manslaughter, murder, mayhem, riot, robbery, carjacking, cruelty to children, unlawful use of an explosive, forced labor, benefitting financially from human trafficking, using a minor in a sexual performance, promoting a sexual performance by a minor, attending or possessing a sexual performance by a minor, trafficking in labor or commercial sex acts, sex trafficking of children, a felony violation of an act codified in Chapter 27 of Title 22, where a person was compelled to engage in prostitution or was a minor; a violation of an act codified in Title 50 that resulted in death or bodily injury to a person, including these offenses when motivated by bias as provided by Chapter 37 of Title 22, or any violation of §§ 50-2201.04 and 50-2201.05, notwithstanding that the offender lacked the capacity to commit the offense by reason of infancy, insanity, intoxication, or otherwise. These terms include an offense where the perpetrator and victim are members of the same family or household, an offense whether prosecuted under the District of Columbia Official Code or the United States Code, and a terrorist act or act of mass violence as defined in 18 U.S.C. § 2331, committed in the District of Columbia against any person or outside of the United States against a resident of the District of Columbia. A crime occurs whether or not any person is identified, arrested, prosecuted, or convicted. Unless an application for rehearing, appeal, or petition for certiorari is pending or a new trial or hearing has been ordered, the conviction of a person whose acts gave rise to the claim is conclusive evidence that a crime was committed.

(7)(A) “Economic loss” means:

(i) Reasonable medical expenses incurred, whether provided in the District of Columbia or elsewhere;

(ii) Reasonable funeral and burial expenses, including the reasonable cost of cremation or other chosen method of interment;

(iii) The reasonable cost of temporary emergency food and housing not exceeding 120 days;

(iv) Loss of income or support incurred as a direct or indirect result of an injury or death;

(v) Loss of a victim’s services by a secondary victim, including housekeeping and child care services;

(vi) In the case of secondary victims, reasonable psychiatric, psychological, or mental health counseling expenses incurred as a direct result of the crime;

(vii) Reasonable expenses incurred by the victim for physical or occupational therapy and rehabilitation;

(viii) The reasonable cost of cleaning the crime scene;

(ix) Unless the victim is deceased, the replacement value of the victim’s clothing that is held for evidentiary purposes;

(x) The reasonable cost of replacing doors, windows, locks or other items to secure the victim’s home or other place of residence;

(xi) The reasonable cost of a rental car for the period of time that an automobile is being held by the police as evidence or to collect evidence;

(xii) Reasonable moving expenses where necessary for health or safety; and

(xiii) Reasonable transportation expenses incurred by the victim or secondary victim to participate in court proceedings, to participate in the investigation or prosecution of the case, or to obtain the services described in sub-subparagraphs (i), (vi), or (vii) of this subparagraph, or paragraph (9) of this subsection, or to obtain any other services required as a direct result of the crime.

(B) “Economic loss” does not mean:

(i) Pain and suffering;

(ii) The value of any property damaged or taken during the crime; or

(iii) Any services not described in subparagraph (A) of this paragraph.

(8) “Fund” means the Crime Victims Compensation Fund.

(9) “Medical expenses” include:

(A) Ambulance, hospital, surgical, medical, nursing, dental, optometric, ophthalmologic, chiropractic, podiatric, in-patient mental health, and pregnancy-related care;

(B) Medical, dental, hearing, and surgical supplies;

(C) Crutches and prosthetic devices taken, lost, or destroyed during the commission of the crime, as well as new prosthetic devices which became necessary as a direct result of the crime and training in their use; and

(D) Out-patient mental health counseling expenses which became necessary as a direct result of the crime and which are provided by a:

(i) Licensed psychiatrist or psychologist;

(ii) Licensed social worker; or

(iii) Licensed marriage, family, or child counselor practicing within the scope of licensure.

(10) “Personal injury” means physical injury, emotional trauma, or both.

(11) “Program” means the Crime Victims Compensation Program.

(12) “Provider of services” means a person or entity providing services pursuant to paragraphs (7) and (9) of this subsection.

(13) “Secondary victim” means a:

(A) Victim’s spouse, children, including biological, step, and adopted, grandchildren, parents, stepparents, siblings, half siblings, or spouse’s parents;

(B) Person who resides in the victim’s household at the time of the crime or at the time of the discovery of the crime;

(C) Person who is a survivor of a victim and who was wholly or partially dependent upon the victim for care and support at the time of the commission of the crime upon which the claim is based, including a child of the victim born after the victim’s death;

(D) Person who legally assumes the obligation, or who voluntarily pays the medical expenses, or in the event of death caused by the crime, funeral and burial expenses, incurred as a direct result thereof;

(E) Person with close ties to the victim; or

(F) Person who witnessed the crime.

(14) “Victim” means a person who suffers personal injury or death in the District of Columbia, a person who is a resident of the District of Columbia and suffers personal injury or death as a result of a terrorist act or act of mass violence committed outside of the United States, or a person who is a resident of the District of Columbia and who suffers personal injury or death outside the District of Columbia in a state that does not have a crime victims compensation program that is eligible for funding under the Victims of Crime Act of 1984 (98 Stat. 2170; 42 U.S.C. § 10601 et seq.), as a direct result of:

(A) A crime;

(B) Assisting lawfully to apprehend a person reasonably suspected of committing or attempting to commit a crime;

(C) Assisting a person against whom a crime has been committed or attempted, if the assistance was rendered in a reasonable manner;

(D) Attempting to prevent the commission of a crime; or

(E) A violation of §§ 50-2201.04 and 50-2201.05, or a comparable state law regarding driving infractions.

(15) “Victims assistance grants agency” means the District of Columbia agency that is responsible for the administration of federal funds received for crime victims assistance under the Victims of Crime Act of 1984, approved October 12, 1984 (98 Stat. 2170; 42 U.S.C. § 10601 et seq.).


(Apr. 9, 1997, D.C. Law 11-243, § 2, 44 DCR 1142; Oct. 19, 2000, D.C. Law 13-172, § 202(a), 47 DCR 6308; Oct. 17, 2002, D.C. Law 14-194, § 151, 49 DCR 5306; Mar. 13, 2004, D.C. Law 15-105, § 31, 51 DCR 881; Oct. 23, 2010, D.C. Law 18-239, § 201(a), 57 DCR 5405.)

Prior Codifications

1981 Ed., § 3-421.

Effect of Amendments

D.C. Law 13-172, in subpar. (3)(B), substituted “Public Employees’ Disability Compensation, the Department of Human Services, the Department of Health, the Child and Family Services Agency, and Court Social Services,” for “and Public Employees’ Disability Compensation”; in par. (6) substituted “assault, assault with a dangerous weapon, aggravated assault, assault on a police officer, assault with intent to kill, assault with intent to commit any offense, burglary, stalking, threats,” for “assault”; rewrote par. (7), which had read:

“ ‘Economic loss’ means, except for pain and suffering:

“(A) Reasonable medical expenses incurred, whether provided in the District of Columbia or elsewhere;

“(B) Funeral and burial expenses, including the reasonable cost of cremation or other chosen method of interment, not exceeding $3,000 per death;

“(C) In the case of battered partners or children, the cost of temporary emergency housing not exceeding 90 days;

“(D) Loss of income or support incurred as a direct or indirect result of an injury or death;

“(E) Loss of a victim’s services by a secondary victim, including housekeeping and child care services;

“(F) In the case of secondary victims, reasonable psychiatric, psychological, or mental health counseling expenses incurred as a direct result of the crime;

“(G) Reasonable expenses incurred by the victim for physical or occupational therapy and rehabilitation;

“(H) The cost of cleaning the crime scene, not exceeding $1,000; and

“(I) Unless the victim is deceased, the replacement value of the victim’s clothing that is held for evidentiary purposes.”; rewrote par. (13), which had read:

“ ‘Secondary victim’ means a:

“(A) Victim’s spouse, children, including natural born, step, and adopted, grandchildren, parents, stepparents, siblings, half siblings, or spouse’s parents;

“(B) Person who resides in the victim’s household at the time of the crime or at the time of the discovery of the crime;

“(C) Person who is a survivor of a victim and who was wholly or partially dependent upon the victim for care and support at the time of the commission of the crime upon which the claim is based, including a child of the victim born after the victim’s death; or

“(D) Person who legally assumes the obligation, or who voluntarily pays the medical expenses, or in the event of death caused by the crime, funeral and burial expenses, incurred as a direct result thereof.”; and added par. (15), defining victims assistance grants agency.

D.C. Law 14-194, in par. (6), inserted “an act of terrorism, use, dissemination, or detonation of a weapon of mass destruction, manufacture or possession of a weapon of mass destruction” following “to commit the offense of,”.

D.C. Law 15-105, in par. (6), validated a previously made technical correction.

D.C. Law 18-239, in par. (6), substituted “unlawful use of an explosive, forced labor, benefitting financially from human trafficking, using a minor in a sexual performance, promoting a sexual performance by a minor, attending or possessing a sexual performance by a minor, trafficking in labor or commercial sex acts, sex trafficking of children, a felony violation of an act codified in Chapter 27 of Title 22, where a person was compelled to engage in prostitution or was a minor; a violation of an act codified in Title 50 that resulted in death or bodily injury to a person,” for “unlawful use of an explosive,”.

Emergency Legislation

For temporary addition of chapter, see § 2 through 19 of the Victims of Violent Crime Compensation Emergency Act of 1996 (D.C. Act 11-447, December 5, 1996, 43 DCR 6669), and § 2-19 of the Victims of Violent Crime Compensation Congressional Review Emergency Act of 1997 (D.C. Act 12-34, March 11, 1997, 44 DCR 1915).

For temporary (90-day) amendment of section, see § 202(a) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 202(a) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).


§ 4–502. Establishment of a Crime Victims Compensation Program.

There is established a Crime Victims Compensation Program (“Program”) that shall administer all funds from all sources for the purpose of investigating and, where appropriate, compensating the claims of victims of violent crime in the District of Columbia.


(Apr. 9, 1997, D.C. Law 11-243, § 3, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-422.

Emergency Legislation

See note to § 4-501.

For temporary (90 day) enactment, see § 3022 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) enactment of section, see § 3022 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) enactment, see § 3022 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

Short Title

Short title: Section 3021 of D.C. Law 16-192 provided that subtitle B of title III of the act may be cited as the “Victims of Domestic Violence Grant-Making Act of 2006”.

Editor's Notes

Grant-making authority for assisting domestic violence victims: Section 3022 of D.C. Law 16-192 provided: “Beginning in fiscal year 2007, the Mayor is authorized to issue grants from local funds received for the Office of Victim Services to assist victims of domestic violence.”


§ 4–503. Administration of Program.

(a) The administration of the Program is hereby designated to the Superior Court of the District of Columbia (“Court”), which shall issue rules and regulations as are necessary to carry out the provisions and purposes of this chapter.

(b) All records and computer software relating to the functions of the Program as originally established by the Victims of Violent Crime Compensation Act of 1981, effective April 6, 1982 (D.C. Law 4-100; § 4-531 et seq.) [repealed], are hereby transferred to the Court for the exclusive purpose of operating the Program.

(c) The Court shall:

(1) Investigate claims filed pursuant to this chapter;

(2) Obtain from an agency or department of the District of Columbia government or the United States government information, data, and assistance that will enable the Court to determine if a crime was committed or attempted and whether the claimant is eligible for compensation under this chapter;

(3) Process and maintain claims in the order they are filed, including claims previously filed pursuant to the Victims of Violent Crime Compensation Act of 1981, effective April 6, 1982 (D.C. Law 4-100; § 4-531 et seq.) [repealed];

(4) Determine each claim filed pursuant to this chapter and reinvestigate or reopen cases when necessary;

(5) Require and direct medical examination of victims or secondary victims when necessary;

(6) Publicize the existence of the Program and the procedure for obtaining compensation under the Program through the Court and the Crime Victims Compensation Appeals Board (“Board”), the District of Columbia Metropolitan Police Department, the U.S. Attorney’s Office, the Corporation Counsel of the District of Columbia, and other public or private agencies, organizations, and service providers; and

(7) Provide printed informational materials, including brochures and posters, in both English and Spanish.


(Apr. 9, 1997, D.C. Law 11-243, § 4, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-423.

Emergency Legislation

See note to § 4-501.

References in Text

“The Victims of Violent Crime Compensation Act of 1981, effective April 6, 1982 (D.C. Law 4-100; D.C. Code § 3-401 et seq.),” referred to in (b) and (c)(3), was repealed by D.C. Law 11-243, § 20, effective April 9, 1997.


§ 4–504. Crime Victims Compensation Advisory Commission; establishment; membership; duties.

(a) A Crime Victims Compensation Advisory Commission (“Commission”) is established and shall consist of 15 members appointed by the Chief Judge of the Court. The Chief Judge shall designate one of the members as the Commission’s Chairperson. The Chief Judge may make an appointment to fill an unexpired term.

(b) The Commission’s members shall serve for a term of 3 years and shall be eligible for reappointment. The members shall serve without compensation. The members shall elect any additional officers necessary for the efficient discharge of their duties.

(c) The Commission shall be composed of:

(1) The Chairperson of the Committee on the Judiciary of the Council of the District of Columbia or that person’s designee;

(2) One representative from the Office of the Corporation Counsel;

(3) One representative from the Victim Witness Assistance Unit of the U.S. Attorney’s Office;

(4) One person engaged full-time in law enforcement;

(5) One member of the Public Defender Service for the District of Columbia;

(6) One hospital staff person involved with emergency services;

(7) One representative of the District of Columbia Department of Corrections;

(8) One person licensed to provide mental health counseling;

(9) One crime victim or survivor;

(10) One member of the public who has demonstrated a knowledge of, and sensitivity to, victim issues; and

(11) Five victim service providers representing victims of homicide, sexual assault, domestic violence, child abuse, and drunk driving.

(d) The Commission shall:

(1) Provide information, training, and technical assistance to the Court and be available to consult with and advise the Court on rules and regulations for the administration of the Program;

(2) Develop ongoing public awareness efforts and assist the Court in publicizing the Program; and

(3) Review the annual report submitted by the Court to the Council of the District of Columbia, advise the Council of deficiencies in the Program, and suggest necessary changes.


(Apr. 9, 1997, D.C. Law 11-243, § 5, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-424.

Emergency Legislation

See note to § 4-501.


§ 4–505. Crime Victims Compensation Appeals Board; establishment; membership; duties.

(a) A Crime Victims Compensation Appeals Board (“Board”) is established in the Court. The Chief Judge shall appoint 5 members to the Board from among the membership of the Commission. Board members shall serve at the Chief Judge’s pleasure, reflect a variety of disciplines, and include at least 1 attorney. The Chief Judge shall designate 1 member to serve as the Board’s Chairperson, and may appoint qualified members of the Commission to serve as alternates on the Board when Board members are not available.

(b) Board members shall serve without compensation but may receive reimbursement for expenses in a manner and amount to be determined by the Court.

(c) The Board shall meet at least quarterly to hear appeals in contested cases as provided in § 4-517(d).


(Apr. 9, 1997, D.C. Law 11-243, § 6, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-425.

Emergency Legislation

See note to § 4-501.


§ 4–506. Eligibility for compensation.

(a) A victim or secondary victim is eligible to receive compensation under this chapter if he or she:

(1) Suffered personal injury as a result of a crime;

(2) Filed a claim under this chapter within 1 year after the crime occurred or 1 year after learning of the Program with an adequate showing that the delay in learning of the Program was reasonable; and

(3) Reported the crime to a law enforcement office within 7 days of its occurrence. If the crime cannot be reasonably reported within that time period, the crime must be reported within 7 days from the time a report can reasonably be made.

(b) The offender shall not be unjustly enriched by an award of compensation to the claimant, except that this requirement may be waived in cases involving extraordinary circumstances where the interests of justice so require.

(c) Notwithstanding subsection (a)(3) of this section, a victim who has been sexually abused or subjected to unlawful sexual conduct, domestic violence, or cruelty to children and who does not report the crime to the local police department, may:

(1) In the case of domestic violence victims, satisfy the reporting requirement by seeking a civil protection order from the Corporation Counsel of the District of Columbia;

(2) In the case of sexual assault victims, satisfy the reporting requirement by seeking a sexual assault examination from a medical treatment facility; and

(3) In the case of a victim of cruelty to children, satisfy the reporting requirement by the filing of a neglect petition by the District of Columbia in the Superior Court.

(d) The time limit requirements of this section may be waived for good cause shown, including compelling health or safety concerns.


(Apr. 9, 1997, D.C. Law 11-243, § 7, 44 DCR 1142; Oct. 19, 2000, D.C. Law 13-172, § 202(b), 47 DCR 6308.)

Prior Codifications

1981 Ed., § 3-426.

Section References

This section is referenced in § 4-512.

Effect of Amendments

D.C. Law 13-172, in subsec. (c), substituted “, domestic violence, or cruelty to children” for “or domestic abuse”; in par. (c)(1) substituted “violence” for “abuse” and struck the word “and” at the end of the paragraph; in par. (c)(2) substituted “; and” for the period; and added par. (c)(3), relating to reporting requirements.

Emergency Legislation

See note to § 4-501.

For temporary (90-day) amendment of section, see § 202(b) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 202(b) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).


§ 4–507. Awards of compensation.

(a) The Court shall award compensation in an amount equal to the claimant’s economic loss, decreased by the amount available to the claimant from collateral sources.

(b) The Court shall not award compensation in an amount exceeding $25,000 per victimization.

(c) The Court shall calculate awards in a fair and equitable manner.

(d) The payment of compensation may provide for apportionment, the holding of the compensation or any part thereof in trust, payment in a lump sum or periodic installments, or payment directly to the provider of medical services or economic loss expenses.

(e) An award is not subject to enforcement, attachment, or garnishment, except that an award may be subject to a claim of a creditor if the cost of products, services, or accommodations included in the award were covered by the creditor.

(f) If a claimant is awarded compensation prior to the sentencing of an offender convicted of the crime which was the subject of the claim, the Court shall notify the sentencing judge of the amount of the award, notwithstanding that the files and records of the claim remain otherwise confidential as provided in § 4-511. Restitution ordered for an offense that was the basis for an award under this chapter, up to the amount of the award, shall be payable directly to the Fund as provided in § 4-509.

(g) Eligibility for public benefits shall not be affected by the receipt of crime victims compensation funds.


(Apr. 9, 1997, D.C. Law 11-243, § 8, 44 DCR 1142; Oct. 19, 2000, D.C. Law 13-172, § 202(c), 47 DCR 6308.)

Prior Codifications

1981 Ed., § 3-427.

Effect of Amendments

D.C. Law 13-172, in subsec. (b), substituted “exceeding $25,000 per victimization” for “exceeding $25,000”, and added subsec. (g), relating to eligibility for benefits.

Emergency Legislation

See note to § 4-501.

For temporary (90-day) amendment of section, see § 202(c) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 202(c) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).


§ 4–508. Disqualifications and reductions.

(a) The Court shall not award compensation if the:

(1) Claimant knowingly or willingly participated in the commission of the crime which forms the basis for the claim; provided, that a claimant who was a minor and a victim of sex trafficking of children, may be awarded compensation; or

(2) Injury or death for which compensation is sought was caused by the victim’s consent, substantial provocation, or substantial incitement.

(b) An application for assistance may be denied, in whole or in part, if the Court finds:

(1) Denial is appropriate due to the nature of the victim’s or secondary victim’s involvement in the events leading to the relevant crime; or

(2) The claimant failed to provide information to a requesting law enforcement agency or did not reasonably cooperate with law enforcement officials in apprehending the offender. Refusal of a victim or claimant to testify against the offender may be excused if testifying would subject the victim or claimant to a substantial risk of serious physical or emotional injury.

(c) Notwithstanding subsections (a) and (b) of this section, if the victim is found to have willingly or knowingly participated, consented, provoked, or incited the crime, a secondary victim is not automatically precluded from compensation.

(d) Gang membership or co-habitation with the offender is not considered a disqualifying factor under subsections (a) or (b) of this section, unless the claimant will be substantially and unjustly enriched by the award.


(Apr. 9, 1997, D.C. Law 11-243, § 9, 44 DCR 1142; Oct. 23, 2010, D.C. Law 18-239, § 201(b), 57 DCR 5405.)

Prior Codifications

1981 Ed., § 3-428.

Effect of Amendments

D.C. Law 18-239, in subsec. (a)(1), substituted “claim; provided, that a claimant who was a minor and a victim of sex trafficking of children, may be awarded compensation; or” for “claim; or”.

Emergency Legislation

See note to § 4-501.


§ 4–509. Preservation of civil actions; subrogation.

(a) A claimant or the claimant’s successors in interest retain the right to recover damages from the offender or third parties, and the right to restitution from the offender.

(b) To the extent that the Court has made payment to or on behalf of the victim, restitution, if imposed by the Court, shall be paid to the Fund.

(c) The District of Columbia is subrogated to the claimant’s right against the offender or third parties to the extent of any compensation awarded under this chapter. The District of Columbia may initiate a lawsuit against the offender for damages or restitution or against third parties for damages.

(d) The claimant shall notify the Corporation Counsel of the District of Columbia if a lawsuit for restitution or damages is instituted. The District of Columbia may intervene in the lawsuit and is privy to a lien on recovery made from the lawsuit. If the funds are retrieved through subrogation, they shall be credited to the Fund.

(e) Application forms for compensation by the Program shall include a repayment subrogation agreement.


(Apr. 9, 1997, D.C. Law 11-243, § 10, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-429.

Section References

This section is referenced in § 4-507 and § 4-515.

Emergency Legislation

See note to § 4-501.


§ 4–510. Emergency awards.

(a) If it appears likely that a final award will be made and that the claimant will suffer undue financial or emotional hardship if immediate financial assistance is not granted, an emergency award not exceeding $1,000 may be made prior to the final determination.

(b) If compensation is awarded, the Court shall deduct the amount of the emergency award from the final award.

(c) If the emergency award is greater than the final award, the claimant shall repay the difference.

(d) If compensation is not awarded, the claimant shall repay the emergency award to the Fund.

(e) The District of Columbia may recover or institute a lien on outstanding funds. Any funds recovered shall be credited to the Fund.


(Apr. 9, 1997, D.C. Law 11-243, § 11, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-430.

Section References

This section is referenced in § 4-515.

Emergency Legislation

See note to § 4-501.


§ 4–511. Confidentiality.

(a) Information, records, and transcripts of hearings contained in the claims files under the provisions of this chapter are confidential and not open to public inspection, except that:

(1) A claimant or the representative of a claimant, whether an individual or an organization, may review that person’s claim or receive specific information therefrom. Information shall be released to a claimant’s representative only upon presentation of the signed authorization of the claimant.

(2) Physicians treating or examining claimants seeking benefits under this chapter or physicians giving medical advice to the Court regarding any claim, may, at the discretion of the Court, inspect the claims files and records of the claimant. Other persons may inspect a claimant’s files and records only when rendering assistance to the Court on a matter pertaining to the administration of this chapter.

(b) The Court shall not include the name of any claimant in the annual report to the Council of the District of Columbia, unless authorized by the claimant.

(c) Each record or report obtained by the Court, the confidentiality of which is protected by any other law or regulation, remains confidential subject to that law or regulation.


(Apr. 9, 1997, D.C. Law 11-243, § 12, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-431.

Section References

This section is referenced in § 4-507.

Emergency Legislation

See note to § 4-501.


§ 4–512. Procedures for filing claims.

(a) A claim shall be initiated when the claimant timely submits a completed application to the Court. Claims may be filed in person or by mail. A claim may be filed by a person eligible for compensation as provided in § 4-506, or if that person is a minor or legally incompetent, by the claimant’s parent, guardian, or personal representative.

(b) Upon receipt of a completed application, the Court shall examine written information submitted by the claimant and other documentary evidence. The Court may require additional information from the claimant and conduct investigations as necessary to determine whether the claimant is eligible for compensation and the amount, if any, of compensation to be awarded. The Court shall send a notice of the determination, and the reasons therefor, to the claimant by first class mail, along with instructions for requesting reconsideration or an appeal before the Board.

(c) The claimant may, within 30 days after receiving the notice of determination, request reconsideration based on new or previously unavailable information. The Court must render a decision based on the additional information within 30 days after receiving the information. The Court may affirm, modify, or reverse its initial decision. The Court shall send a notice of the decision on reconsideration, and the reasons therefor, to the claimant by first class mail, along with instructions for filing an appeal.

(d) The claimant may, within 30 days after receipt of the initial determination, or within 30 days after receipt of the decision on reconsideration, appeal the decision to the Board. The Board shall consider the appeal on the record at its next scheduled meeting if the Board has received the appeal and the record at least 5 days before the meeting. Within 20 days after the meeting, the Board shall render its decision in the case or give notice to the claimant that it will hold a hearing. The hearing shall occur within 30 days after the issuance of the notice. The Board shall render its decision in the case within 20 days after the hearing. The Court shall provide the claimant with written notice of the final determination of the claim. If the final determination was made pursuant to a hearing, the notice shall include findings of fact and conclusions of law.

(e) The claimant may agree in writing to a final determination at any time.

(f) The Court may reopen a claim at any time if new evidence reveals that the claimant was not eligible, was guilty of contributory misconduct, knowingly provided false information, or suppressed relevant information concerning a claim.

(g) The claimant may have an attorney or other representative present at any appeals proceeding. In addition to the amount of compensation awarded to a successful claimant, a reasonable fee may be awarded to the claimant’s attorney for services rendered in connection with an appeals proceeding under this chapter. The fee may not exceed 10% of the claimant’s award or $500, whichever is less. Except for necessary costs, an attorney shall not charge, demand, receive, or collect a fee for services rendered in connection with a claim under this chapter in an amount larger than permitted by this section. The court shall notify the claimant of the availability of pro bono representation by clinical programs at area law schools.

(h) A final determination by the Board under this chapter may be appealed to the Chief Judge of the Court. Decisions of the Chief Judge shall be final.


(Apr. 9, 1997, D.C. Law 11-243, § 13, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-432.

Emergency Legislation

See note to § 4-501.


§ 4–513. False claims.

(a) It shall be a misdemeanor to knowingly submit false information or suppress relevant information concerning a claim under this chapter. Law enforcement authorities investigating possible false claims referred by the Court under this section have complete access to the claimant’s files for the purpose of pursuing a false claim investigation.

(b) A person convicted of an offense under this section shall be fined not more than $1,000 or imprisoned for not more than 180 days, or both. A person convicted of an offense under this section forfeits compensation under this chapter and shall repay to the District of Columbia all compensation received pursuant to this chapter. The United States Attorney’s Office shall prosecute crimes under this section.


(Apr. 9, 1997, D.C. Law 11-243, § 14, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-433.

Section References

This section is referenced in § 4-515.

Emergency Legislation

See note to § 4-501.


§ 4–514. Annual report.

The Chief Judge of the Court shall report annually to the Council of the District of Columbia on the status and activities of the Program. The report shall include, but not be limited to, the following information:

(1) An explanation of the procedures for filing and processing claims;

(2) A description of the programs and policies instituted to promote public awareness about crime victims compensation;

(3) An analysis of future needs and suggested Program improvements;

(4) A copy of the application forms utilized under this chapter; and

(5) A complete statistical analysis of the cases handled, including the:

(A) Number of claims filed;

(B) Number of claims approved and the amount of each award;

(C) Number of claims denied and the reasons for rejection;

(D) Average length of time to process a claim;

(E) Number of contested cases reviewed by the Board and the disposition of those cases;

(F) Number of contested cases reviewed by the Chief Judge and the disposition of those cases;

(G) Number of cases in which a claimant was represented by an attorney or a law student;

(H) Cumulative total of attorneys’ fees paid;

(I) Breakdown of claims by age, sex, and primary language of the victim, type of crime committed, and other relevant facts;

(J) Individual amounts of revenues attributable to assessments on misdemeanor and traffic offenses;

(K) Number of cases pending, and the future liability of the Fund; and

(L) Total amount of program expenditures for benefit payments, personnel, and other administrative costs.


(Apr. 9, 1997, D.C. Law 11-243, § 15, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-434.

Emergency Legislation

See note to § 4-501.


§ 4–515. Crime Victims Compensation Fund.

(a) A fund is established to be administered by the Court and to be known as the Crime Victims Compensation Fund (“Fund”) for the purpose of accounting for the financial operations of this chapter. The Fund shall be maintained as a separate fund in the Treasury of the United States. All amounts deposited to the credit of the Fund are appropriated without fiscal year limitation to make payments as authorized under subsection (e) of this section.

(b) [Repealed.]

(c) Monies in the Fund shall consist of all funds transferred from the Department of Human Services on April 9, 1997, any appropriations to the Fund under § 4-518, assessments imposed under § 4-516, monies recovered through subrogation or repayment under §§ 4-509, 4-510 and 4-513, costs assessed under the Victims of Violent Crime Compensation Act of 1981 that are collected after April 9, 1997, any other fines, fees, penalties, or assessments that the Court determines necessary to carry out the purposes of the Fund, and monies received from the federal government or other public or private sources for the purpose of the Fund.

(d) Any unobligated balance existing in the Fund as of the end of each fiscal year (beginning with fiscal year 2000) may be used only in accordance with a plan developed by the District of Columbia which is submitted to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the Senate, except that under such plan:

(1) 50 percent of such balance shall be used for direct compensation payments to crime victims through the Fund under this section and in accordance with this chapter; and

(2) 50 percent of such balance shall be transferred from the Fund to the Crime Victims Assistance Fund established by § 4-515.01 and shall be used without fiscal year limitation for outreach activities designed to increase the number of crime victims who apply for such direct compensation payments.

(d-1)(1) In Fiscal Year 2001, the first $200,000 of the unobligated balance shall be transferred to the Executive Office of the Mayor to fund staff support for the District of Columbia Commission on Violence Against Women.

(2) The remaining funds shall be made available for victims assistance in accordance with a plan developed by the Executive Office of the Mayor and submitted to the Council, excluding days of Council recess. If the Council does not disapprove the proposed plan in whole or in part, by resolution within this 30-day period, the plan shall be deemed approved.

(3) The Mayor shall submit an annual report to the Council which details the amount of funds transferred pursuant to this subsection, and all expenditures or disbursements of funds, no later than 90 days after the end of each fiscal year.

(4) For the purposes of this section “unobligated balance” does not include the amount of claims pending at the end of a fiscal year which have been filed but for which awards have not been made, based on an estimated average cost of each award.

(e) All compensation payments and attorneys’ fees awarded under this chapter shall be paid from, and subject to, the availability of monies in the Fund. Not more than 5 percent of the total amount of monies in the Fund may be used to pay administrative costs necessary to carry out this chapter.

(f) The Superior Court of the District of Columbia shall arrange for an annual independent audit of the Fund. The audit shall include:

(1) The number of claims satisfied in each fiscal year and the respective amounts awarded;

(2) The number and status of all pending claims;

(3) The unexpended balance in the Fund to be transferred to the victims assistance grants agency pursuant to subsection (d) of this section; and

(4) The number of personnel positions and amount of personnel funding and other administrative costs of the Crime Victims Compensation Program.


(Apr. 9, 1997, D.C. Law 11-243, § 16, 44 DCR 1142; Nov. 29, 1999, 113 Stat. 1527, Pub. L. 106-113, § 160(a)-(d); Oct. 19, 2000, D.C. Law 13-172, § 202(d), 47 DCR 6308; Dec. 21, 2000, 114 Stat. 2763, Pub. L. 106-554, § 1(a)(4), H.R. 5666, Div. A., Ch. 4, § 403(a); Dec. 21, 2001, 115 Stat. 928, Pub. L. 107-96, par. 19(a), (b); Aug. 2, 2002, 116 Stat. 846, Pub. L. 107-206, § 402; Oct. 1, 2002, D.C. Law 14-190, § 1302(a), 49 DCR 6968.)

Prior Codifications

1981 Ed., § 3-435.

Section References

This section is referenced in § 4-515.01 and § 4-517.01.

Effect of Amendments

Section 160(a) of Public Law 106-113 rewrote subsec. (e), which had read:

“All compensation and attorneys’ fees awarded under this chapter and administrative costs necessary to carry out this chapter shall be paid from, and subject to, the availability of monies in the Fund.”;

Section 160(b) of Public Law 106-113 rewrote subsec. (a) and repealed subsec. (d), which had read:

“(a) A fund is established to be administered by the Court and to be known as the Crime Victims Compensation Fund (’Fund’) for the purpose of accounting for the financial operations of this chapter. Monies in the Fund shall not be commingled with the General Fund, nor shall the operation of the Fund impose a burden or charge on the general fund.”

“(d) The monies in the Fund are not part of, nor shall they lapse into, the General Fund of the District or any other fund of the District, except as provided in this chapter.”; section 160(c) of Public Law 106-113, in subsec. (c), added after “1997,” the second place it appears “any other fines, fees, penalties, or assessments that the Court determines necessary to carry out the purposes of the Fund,”; and section 160(d) of Public Law 106-113 added subsec. (d) to read:

“Any unobligated balance existing in the Fund in excess of $250,000 as of the end of each fiscal year (beginning with fiscal year 2000) shall be transferred to miscellaneous receipts of the Treasury of the United States not later than 30 days after the end of the fiscal year.”.

D.C. Law 13-172 repealed subsec. (b), added new subsec. (d-1), relating to the use of funds for Fiscal Year 2001, and rewrote subsec. (e), as amended by section 160(a) of Public Law 106-113, and subsec. (f), which had read:

“(e) All compensation and attorneys’ fees awarded under this chapter shall be paid from, and subject to, the availability of monies in the Fund, and no monies in the Fund may be used for any other purpose.

“(f) The Auditor of the District of Columbia shall perform an audit of the Crime Victims Compensation Program that operated pursuant to the Victims of Violent Crime Compensation Act of 1981, effective April 6, 1982 (D.C. Law 4-100; D.C. Code § 3-401 et seq.), within 30 days of April 9, 1997 and the transfer of the Program to the Court. The audit shall include the number of claims satisfied in calendar years 1994, 1995, and 1996 and the respective amounts awarded; the number and status of all pending claims; the remaining unexpended balance in the Fund to be transferred to the Court for payment to victims and for the administrative costs of the Program; and the number of personnel positions and amount of personnel funding to be transferred to the Court.”

Pub. L. 107-96 rewrote subsecs. (d) and (e), which had read:

“(d) Any unobligated balance existing in the Fund in excess of $250,000 as of the end of each fiscal year (beginning with fiscal year 2000) may be used only in accordance with a plan developed by the District of Columbia and approved by the Committees on Appropriations of the Senate and House of Representatives, the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the Senate, and not less than 80 percent of such balance shall be used for direct compensation payments to crime victims through the Fund under this section and in accordance with this subchapter.”

“(e) All compensation and attorneys’ fees awarded under this chapter and administrative costs necessary to carry out this chapter shall be paid from, and subject to, the availability of monies in the Fund. All amounts which are required to be transferred to the victims assistance grants agency for the purpose of victims assistance pursuant to subsection (d) of this section shall be paid from monies in the Fund.”

D.C. Law 14-190, in subsec. (d)(2), substituted “to the Crime Victims Assistance Fund established by § 4515.01” for “to the executive branch of the District government.”

Pub. L. 107-206 rewrote subsec. (d)(2) which had read:

“(2) 50 percent of such balance shall be used for outreach activities designed to increase the number of crime victims who apply for such direct compensation payments.”

Emergency Legislation

See note to § 4-501.

For temporary (90-day) amendment of section, see § 202(d) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90-day) addition of section, see § 842 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 202(d) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 1302(a) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) addition of § 4-515.01, see § 1302(b) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

Short Title

Short title of title XIII of Law 14-190: Section 1301 of D.C. Law 14-190 provided that title XIII of the act may be cited as the Victims of Violent Crime Compensation Amendment Act of 2002.

Effective Dates

Section 403(b) of Chapter 4 of Division A of H.R. 5666, as enacted by reference by section 1(a)(4) of Pub. L. 106-554, stated that “The amendment made by subsection (a) shall take effect September 30, 2000.”

Pub. L. 107-96, par. (19)(c), 115 Stat. 928, the District of Columbia Appropriations Act, 2002, provided in part:

“The amendments made by this section shall take effect as if included in the enactment of section 403 of the Miscellaneous Appropriations Act, 2001 Pub. L. 106-554, § 1(a)(4), H.R. 5666, Div. A, Ch. 4, § 403 .”

Editor's Notes

Section 160(e) of Public Law 106-113 provided: “RATIFICATION OF PAYMENTS AND DEPOSITS.—Any payments made from or deposits made to the Crime Victims Compensation Fund on or after April 9, 1997 are hereby ratified, to the extent such payments and deposits are authorized under the Victims of Violent Crime Compensation Act of 1996 ( D.C. Code, sec. 3-421 et seq.), as amended by this section.”


§ 4–515.01. Crime Victims Assistance Fund.

(a) There is established as a nonlapsing, interest-bearing, revolving fund the Crime Victims Assistance Fund into which shall be deposited the funds described in § 4-515(d)(2). The Crime Victims Assistance Fund shall be separate from the General Fund of the District of Columbia and administered by the Office of Victim Services.

(a-1) The Office of the Chief Financial Officer shall calculate the amount of interest earned by funds accounted for in the Crime Victims Assistance Fund for fiscal year 2003 through fiscal year 2007 and shall deposit that amount in the fund on or before October 1, 2007.

(b) All amounts deposited in the Crime Victims Assistance Fund shall be appropriated without fiscal year limitation to make payments as authorized by subsection (d) of this section pursuant to an act of Congress. All amounts deposited in the Crime Victims Assistance Fund shall not revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in subsection (d) of this section, subject to authorization by Congress in an appropriations act.

(c) Not more than 5% of the total amount of monies in the Crime Victims Assistance Fund in any given fiscal year may be used to pay administrative costs necessary to implement the requirements of this section in accordance with § 4-515(d)(2).

(d) The balance of the Crime Victims Assistance Fund shall be used for outreach activities designed to:

(1) Increase the number of crime victims who apply for direct compensation payments, including victims of sexual assault, domestic violence, or child abuse (abuse counseling, health and mental health services, child advocacy centers, emergency housing, emergency child care, transportation, hospital-based informational and referral services, and family support); and

(2) Improve the intake, assessment, screening, and investigation of reports of child abuse and neglect, and domestic violence.

(e) A plan for spending the funds deposited in the Crime Victims Assistance Fund shall be submitted to the Council for approval before funds are expended.


(Apr. 9, 1997, D.C. Law 11-243, § 16a; as added Oct. 1, 2002, D.C. Law 14-190, § 1302(b), 49 DCR 6968; Sept. 18, 2007, D.C. Law 17-20, § 3012, 54 DCR 7052.)

Section References

This section is referenced in § 4-515.

Effect of Amendments

D.C. Law 17-20, in subsec. (a), substituted “nonlapsing, interest-bearing” for “nonlapsing” and substituted “Office of Victim Services” for “Justice Grants Administration”; and added subsec. (a-1).

Emergency Legislation

For temporary (90 day) addition, see § 2 of Victims of Domestic Violence Fund Establishment Emergency Act of 2005 (D.C. Act 16-71, April 25, 2005, 52 DCR 4575).

For temporary (90 day) addition, see § 2 of Victims of Domestic Violence Fund Establishment Emergency Act of 2006 (D.C. Act 16-307, March 2, 2006, 53 DCR 1924).

For temporary (90 day) addition, see § 2 of Victims of Domestic Violence Fund Establishment Congressional Review Emergency Act of 2006 (D.C. Act 16-375, May 19, 2006, 53 DCR 4390).

For temporary (90 day) amendment of section, see § 3012 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

Temporary Legislation

Temporary Enactment For temporary (225 day) addition, see § 2 of Victims of Domestic Violence Fund Establishment Temporary Act of 2005 (D.C. Law 16-13, July 22, 2005, law notification 52 DCR 7166).

For temporary (225 day) addition, see § 2 of Victims of Domestic Violence Fund Establishment Temporary Act of 2006 (D.C. Law 16-114, June 8, 2006, law notification 53 DCR 5352).

For temporary (225 day) addition, see § 2 of My Sister’s Place, Inc., Grant Authority Temporary Act of 2006 (D.C. Law 16-150, July 25, 2006, law notification 53 DCR 7509).

Short Title

Short title: Section 3011 of D.C. Law 17-20 provided that subtitle B of title III of the act may be cited as the “Crime Victims Assistance Fund and Shelter and Transitional Housing for Victims of Domestic Violence Fund Amendment Act of 2007”.


§ 4–516. Assessments.

(a) In addition to and separate from punishment imposed, an assessment of $100 for each violation of § 50-2201.05, an assessment of between $50 and $250 for other serious traffic or misdemeanor offenses, and an assessment of between $100 and $5,000 for each felony offense shall be imposed upon each person convicted of or pleading guilty or nolo contendere to the offense in the Superior Court of the District of Columbia or any other court in which the offense is charged. The decision of the sentencing court regarding assessments is final. If an offender is indigent at the time of sentencing and is later employed for salary, receives compensation while on probation or parole, or is incarcerated in a facility of the Department of Corrections or elsewhere and receives wages or compensation therein, the amount of assessments under this section shall be paid from such salary, wages, or other compensation.

(b) The probation office of the Court shall monitor collection of assessments levied against defendants released on probation. The Department of Corrections shall monitor collection of assessments levied against incarcerated defendants. The District of Columbia Board of Parole shall consider satisfaction of assessments under this section when determining release of inmates eligible for parole. If an inmate is released on parole prior to satisfaction of an assessment, the District of Columbia Board of Parole shall monitor collection of the balance due.

(c) Assessments under this chapter shall be collected as fines. Failure to pay assessments as ordered by the Court will subject a defendant so ordered to sanctions provided pursuant to § 16-706.


(Apr. 9, 1997, D.C. Law 11-243, § 17, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-436.

Section References

This section is referenced in § 4-515.

Emergency Legislation

See note to § 4-501.


§ 4–517. Duty of law enforcement agencies.

(a) All law enforcement agencies in the District of Columbia shall inform victims or secondary victims of the existence of the Program and provide application forms to victims and secondary victims.

(b) No law enforcement agency shall be civilly liable for a failure to comply with subsection (a) of this section.

(c) The Court shall provide application forms, other documents, and general information that law enforcement agencies may require to comply with this section.


(Apr. 9, 1997, D.C. Law 11-243, § 18, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-437.

Section References

This section is referenced in § 4-505.

Emergency Legislation

See note to § 4-501.


§ 4–517.01. Crime victims assistance.

(a) The victims assistance grants agency shall have the authority to use the funds transferred pursuant to § 4-515 to award grants and contracts to private nonprofit organizations and to transfer funds to government entities which provide assistance to crime victims.

(b) Repealed.


(Apr. 9, 1997, D.C. Law 11-243, § 18a; as added Oct. 19, 2000, D.C. Law 13-172, § 202(e), 47 DCR 6308; Dec. 7, 2004, D.C. Law 15-205, § 1192(f), 51 DCR 8441.)

Effect of Amendments

D.C. Law 15-205 repealed subsec. (b).

Emergency Legislation

For temporary (90-day) addition of section, see § 202(e) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 1192(f) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) amendment of section, see § 1192(f) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).


§ 4–518. Appropriations.

Funds may be appropriated as necessary to carry out this chapter.


(Apr. 9, 1997, D.C. Law 11-243, § 19, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-438.

Section References

This section is referenced in § 4-515.

Emergency Legislation

See note to § 4-501.

For temporary (90 day) addition of § 4-519, see § 202(e) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).


Subchapter I-A. Shelter and Transitional Housing.

§ 4–521. Shelter and Transitional Housing for Victims of Domestic Violence Fund.

(a) For the purposes of this section, the term:

(1) “Fund” means the Shelter and Transitional Housing for Victims of Domestic Violence Fund.

(2) “Operating expenses” means:

(A) Those costs incurred in providing counseling and case management to victims of domestic violence and their children; and

(B) Monthly rent, utilities, and building maintenance for the residential facilities in which victims of domestic violence and their children are housed.

(b) There is established as a nonlapsing, interest-bearing fund the Shelter and Transitional Housing for Victims of Domestic Violence Fund, which shall be administered by the Deputy Mayor for Public Safety and Justice and used for the purpose of awarding grants to organizations that provide services to victims of domestic violence in emergency shelters and transitional housing to reimburse them for their operating expenses.

(c) All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(d) The Chief Financial Officer shall transfer $3.7 million from the Crime Victims Assistance Fund to the Fund on or before October 1, 2007. Other funds may be deposited into the Fund from sources identified by District law.


(Sept. 18, 2007, D.C. Law 17-20, § 3013, 54 DCR 7052; Sept. 14, 2011, D.C. Law 19-21, § 9048, 58 DCR 6226.)

Effect of Amendments

D.C. Law 19-21, in subsec. (b), substituted “Deputy Mayor for Public Safety and Justice” for “Office of Victim Services”.

Emergency Legislation

For temporary (90 day) addition, see § 3013 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).


Subchapter II. Repealed Provisions.

§ 4–531. Definitions. [Repealed]

Repealed.


(Apr. 6, 1982, D.C. Law 4-100, § 2, 29 DCR 969; Sept. 26, 1990, D.C. Law 8-164, § 2, 37 DCR 4824; May 16, 1995, D.C. Law 10-255, § 8, 41 DCR 5193; Apr. 9, 1997, D.C. Law 11-243, § 20, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-401.

Emergency Legislation

For temporary repeal of §§ 4-531 through 4-545, see § 20 of the Victims of Violent Crime Compensation Emergency Act of 1996 (D.C. Act 11-447, December 5, 1996, 43 DCR 6669), and § 20 of the Victims of Violent Crime Compensation Congressional Review Emergency Act of 1997 (D.C. Act 12-34, March 11, 1997, 44 DCR 1915).


§ 4–532. Eligibility. [Repealed]

Repealed.


(Apr. 6, 1982, D.C. Law 4-100, § 3, 29 DCR 969; Aug. 9, 1986, D.C. Law 6-136, § 2(a), 33 DCR 3796; Apr. 9, 1997, D.C. Law 11-243, § 20, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-402.

Emergency Legislation

See note to § 4-531.


§ 4–533. Awards of compensation. [Repealed]

Repealed.


(Apr. 6, 1982, D.C. Law 4-100, § 4, 29 DCR 969; Apr. 9, 1997, D.C. Law 11-243, § 20, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-403.

Emergency Legislation

See note to § 4-531.


§ 4–534. Emergency awards. [Repealed]

Repealed.


(Apr. 6, 1982, D.C. Law 4-100, § 5, 29 DCR 969; Apr. 9, 1997, D.C. Law 11-243, § 20, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-404.

Emergency Legislation

See note to § 4-531.


§ 4–535. Attorneys fees. [Repealed]

Repealed.


(Apr. 6, 1982, D.C. Law 4-100, § 6, 29 DCR 969; Apr. 9, 1997, D.C. Law 11-243, § 20, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-405.

Emergency Legislation

See note to § 4-531.


§ 4–536. Preservation of civil actions; subrogation. [Repealed]

Repealed.


(Apr. 6, 1982, D.C. Law 4-100, § 7, 29 DCR 969; Apr. 9, 1997, D.C. Law 11-243, § 20, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-406.

Emergency Legislation

See note to § 4-531.


§ 4–537. Waiver of rights void; award exempt from execution or attachment. [Repealed]

Repealed.


(Apr. 6, 1982, D.C. Law 4-100, § 8, 29 DCR 969; Apr. 9, 1997, D.C. Law 11-243, § 20, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-407.

Emergency Legislation

See note to § 4-531.


§ 4–538. False claims. [Repealed]

Repealed.


(Apr. 6, 1982, D.C. Law 4-100, § 9, 29 DCR 969; Apr. 9, 1997, D.C. Law 11-243, § 20, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-408.

Emergency Legislation

See note to § 4-531.


§ 4–539. Administration; annual report to Council. [Repealed]

Repealed.


(Apr. 6, 1982, D.C. Law 4-100, § 10, 29 DCR 969; Apr. 9, 1997, D.C. Law 11-243, § 20, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-409.

Emergency Legislation

See note to § 4-531.


§ 4–540. Duties and powers of Mayor. [Repealed]

Repealed.


(Apr. 6, 1982, D.C. Law 4-100, § 11, 29 DCR 969; Apr. 9, 1997, D.C. Law 11-243, § 20, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-410.

Emergency Legislation

See note to § 4-531.


§ 4–541. Procedure. [Repealed]

Repealed.


(Apr. 6, 1982, D.C. Law 4-100, § 12, 29 DCR 969; Aug. 9, 1986, D.C. Law 6-136, § 2(b), 33 DCR 3796; Apr. 9, 1997, D.C. Law 11-243, § 20, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-411.

Emergency Legislation

See note to § 4-531.


§ 4–542. Judicial review. [Repealed]

Repealed.


(Apr. 6, 1982, D.C. Law 4-100, § 13, 29 DCR 969; Apr. 9, 1997, D.C. Law 11-243, § 20, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-412.

Emergency Legislation

See note to § 4-531.


§ 4–543. Crime Victims’ Compensation Fund. [Repealed]

Repealed.


(Apr. 6, 1982, D.C. Law 4-100, § 14, 29 DCR 969; Apr. 9, 1997, D.C. Law 11-243, § 20, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-413.

Emergency Legislation

See note to § 4-531.


§ 4–544. Costs. [Repealed]

Repealed.


(Apr. 6, 1982, D.C. Law 4-100, § 15, 29 DCR 969; Apr. 9, 1997, D.C. Law 11-243, § 20, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-414.

Cross References

Prisons and prisoners, employed prisoners, disbursement of wages to, see § 24-231.11.

Emergency Legislation

See note to § 4-531.


§ 4–545. Appropriations. [Repealed]

Repealed.


(Apr. 6, 1982, D.C. Law 4-100, § 16, 29 DCR 969; Apr. 9, 1997, D.C. Law 11-243, § 20, 44 DCR 1142.)

Prior Codifications

1981 Ed., § 3-415.

Emergency Legislation

See note to § 4-531.


Subchapter III. Domestic Violence Hotline.

§ 4–551. Definitions.

For the purposes of this subchapter, the term:

(1) “Domestic violence” means a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner, dating partner, or family member. The term “domestic violence” includes physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This consists of any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

(2) “Domestic violence counselor” shall have the same meaning as provided in § 14-310(a)(2).

(3) “Domestic violence program” shall have the same meaning as provided in § 14-310(a)(3).

(4) “Hotline” means the Domestic Violence Hotline program established by § 4-552.

(5) “Office” means the Office of Victim Services, established by Mayor’s Order 2004-119, issued July 19, 2004 (51 DCR 7997).


(Dec. 24, 2013, D.C. Law 20-61, § 3032, 60 DCR 12472.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 3032 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 3032 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 3031 of D.C. Law 20-61 provided that Subtitle D of Title III of the act may be cited as the “Domestic Violence Hotline Establishment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 4–552. Domestic Violence Hotline.

(a) The Office shall establish the Domestic Violence Hotline to provide assistance for victims and potential victims of domestic violence beginning October 1, 2014.

(b)(1) The Hotline shall:

(A) Be operated by a domestic violence program funded and supported by the Office;

(B) Provide a direct toll-free number that accepts calls and text messages;

(C) Be directly available to callers, without an intermediary agency;

(D) Be available on a 24-hour basis;

(E) Provide live assistance by domestic violence counselors; and

(F) Offer anonymity and confidentiality to enable a victim or a friend or family member of a victim to seek support without giving his or her legal name.

(2) The requirements of paragraph (1)(F) of this subsection shall not be construed to limit or supersede any mandatory reporting requirements under District law.

(c) The Office shall develop and implement an outreach campaign to educate District residents about the Hotline.


(Dec. 24, 2013, D.C. Law 20-61, § 3033, 60 DCR 12472.)

Section References

This section is referenced in § 4-551.

Emergency Legislation

For temporary (90 days) addition of this section, see § 3033 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 3033 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 3031 of D.C. Law 20-61 provided that Subtitle D of Title III of the act may be cited as the “Domestic Violence Hotline Establishment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 4–553. Task force.

(a) Beginning October 1, 2013, the Office shall establish a task force to:

(1) Assess staff and technology needs of the Hotline; and

(2) Develop mechanisms for administration of the Hotline; and

(3) Develop standards that coincide with the standards used by the existing domestic violence first responder line.

(b) The task force shall include representatives from the D.C. Coalition Against Domestic Violence, governmental victim services programs, and domestic violence programs.

(c) By January 30, 2014, the task force shall transmit to the Office and to the Office of the Secretary to the Council a report that includes the assessments and developments completed pursuant to subsection (a) of this section.


(Dec. 24, 2013, D.C. Law 20-61, § 3034, 60 DCR 12472.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 3034 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 3034 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 3031 of D.C. Law 20-61 provided that Subtitle D of Title III of the act may be cited as the “Domestic Violence Hotline Establishment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


Subchapter IV. Sexual Assault Response.

§ 4–561.01. Definitions.

For the purposes of this subchapter, the term:

(1) “Case Review Subcommittee” means the Sexual Assault Response Team Case Review Subcommittee established by § 4-561.14.

(2) “DC Sexual Assault Nurse Examiner Program” or “DC SANE Program” means the program that provides comprehensive care to adult victims of rape, sexual assault, and other sex crimes, operated by the OVS, in collaboration with the Network for Victim Recovery DC (or its successor entity), and the Medstar Washington Hospital Center (or its successor entity), where medical forensic exams are conducted.

(3) “DFS” means the Department of Forensic Sciences.

(4) “Hospital” means the MedStar Washington Hospital Center, or any medical facility where a forensic nurse examiner conducts a sexual assault forensic evaluation of the sexual assault victim.

(5) “Independent expert consultant” or “consultant” means an independent contractor retained on a contract basis by OVS to assess and review the MPD’s response to reports of sexual assault and to ensure that all aspects of the MPD’s sexual assault investigations and training are based on current best practices, are implemented properly, and have a victim-centered approach.

(6) “MPD” means the Metropolitan Police Department.

(7) “OCME” means the Office of the Chief Medical Examiner.

(8) “OVS” means the Office of Victim Services.

(9) “SART” means the Sexual Assault Response Team established by § 4-561.12.

(10) “Sexual assault” shall have the same meaning as provided in § 23-1907(7).

(11) “Sexual assault victim” means an individual 18 years of age or older against whom sexual assault has been committed or is alleged to have been committed.

(12) “Task Force” means the Sexual Assault Victim Rights Task Force established by § 4-561.15.


(Nov. 20, 2014, D.C. Law 20-139, § 201, 61 DCR 5913.)


§ 4–561.02. Processing of sexual assault forensic examination kits and specimens.

(a) Within 7 days after a sexual assault victim makes a report to the MPD, the MPD shall retrieve the kits and specimens and deliver:

(1) The sexual assault forensic examination kit to the DFDFS; and

(2) The biological specimens for toxicology testing to the OCME.

(b) The DFS shall process all sexual assault forensic examination kits within 90 days from the date of receipt.

(c) The OCME shall process all biological specimens within 90 days from the date of receipt.


(Nov. 20, 2014, D.C. Law 20-139, § 202, 61 DCR 5913.)


§ 4–561.03. Payment for sexual assault forensic examination kits.

The hospital shall not bill a sexual assault victim for costs associated with the administration of a sexual assault forensic examination kit or for the kit itself.


(Nov. 20, 2014, D.C. Law 20-139, § 203, 61 DCR 5913.)


§ 4–561.04. Independent expert consultant.

(a) By December 1, 2014, the OVS shall retain an independent expert consultant.

(b) The consultant shall be selected by the Office of Police Complaints, with input from the Victim Assistance Network, subject to final approval by the OVS.

(c) The consultant shall be retained for a period of one year, with the option for the OVS to renew that contract for a second year.

(d) The consultant selected shall have current and recognized expertise in the areas of law enforcement, advocacy, and medical best practices, policy and procedure development, sexual assault crimes, and the investigation or prosecution of sexual assault.


(Nov. 20, 2014, D.C. Law 20-139, § 204, 61 DCR 5913.)


§ 4–561.05. Duties.

The independent expert consultant shall have the following duties and obligations:

(1) In consultation with the Task Force established by § 4-561.15, assess and recommend modifications to MPD policies and protocols to ensure the MPD has a detailed and victim-centered sexual assault response policy that comports with best practices and current professional standards and incorporates the requirements of the International Association of Chiefs of Police Model Policy on Sexual Assaults or other current best practices in law enforcement;

(2) Assess training provided to MPD officers, detectives, and recruits to ensure that:

(A) The training incorporates developments in applicable law and current best practices;

(B) Testing is done to ensure that MPD personnel taking the training comprehend the material taught; and

(C) Investigators conducting sexual assault investigations and personnel who supervise the review of sexual assault investigations are provided in-depth specialized training consistent with current best practices;

(3) Review a random sample of MPD files and records related to cases arising after March 2013, including;

(A) Sexual assault investigative files, forms, and reports, including allegations, office information cases, and other cases with sexual elements that may not have been classified as a sexual assault case; and

(B) Feedback provided to the MPD from members of the public about the MPD’s response to sexual assault cases, including surveys, complaints, and any other feedback provided through e-mail or the MPD’s web page;

(4) Conduct confidential interviews, when necessary, with forensic nurse examiners, sexual assault victim advocates, MPD personnel, and others with direct knowledge of how the sexual assault response process is functioning;

(5) Within 120 days from the date of being retained by the OVS, audit all sexual assault forensic examination kits in storage to determine if all sexual assault forensic examination kits in which a sexual assault victim reported a sexual assault to law enforcement have been delivered to the DFS for processing; and

(6) Protect the confidentiality of all MPD files and records; and

(7) Within the reports produced by the consultant, protect the confidentiality of the underlying investigations.


(Nov. 20, 2014, D.C. Law 20-139, § 205, 61 DCR 5913.)


§ 4–561.06. Reviews and reporting requirements.

(a)(1) The independent expert consultant shall:

(A) Prepare, by June 1, 2015, and on a semiannual basis thereafter, a public report that contains:

(i) A description of the work conducted by the independent expert consultant for that period;

(ii) The methodology and specific findings for each review conducted, including a general description of the policies and procedures reviewed, the observations of the consultant regarding the MPD’s implementation of those policies and procedures, the training reviewed, and a discussion of any improvements that need to be made;

(iii) A determination of whether the MPD’s implementation of reforms made after March 2013 are having a positive effect on the overall investigations of sexual assaults and whether there are any unintended negative consequences of these new policies or reforms;

(iv) A comparison of cases reported to the MPD through the DC SANE Program and MPD case numbers to ensure that all sexual assaults have been documented; and

(v) The Chief of Police’s formal response to the report prepared pursuant to paragraph (2) of this subsection; and

(B) Review the case review plan and process developed pursuant to § 4-561.14(d)(1), making recommendations for improvement as needed.

(2)(A) A draft version of the report shall be provided to the Chief of Police for review before the public issuance of the final report.

(B) The Chief of Police shall have 30 days to review the report and prepare a formal response for purposes of a public report issued pursuant to paragraph (1) of this subsection.

(b)(1) The independent consultant shall, within 45 days of being retained by the OVS, develop a plan and a schedule for conducting the reviews and preparing the report described in subsection (a)(1) of this section, and shall submit this plan to the OVS for review and approval.

(2) The plan established pursuant to paragraph (1) of this subsection shall include a timeline for submitting any recommendations to the Council or the Mayor regarding proposed legislation.

(c) The OVS shall complete a review of the independent expert consultant’s plan developed pursuant to subsection (b) of this section within 30 days from the date of receipt.


(Nov. 20, 2014, D.C. Law 20-139, § 206, 61 DCR 5913.)


§ 4–561.07. The MPD’s duties.

The MPD shall provide the independent expert consultant with timely, full, and direct access to the MPD’s files and records, including:

(1) Sexual assault investigative files, forms, and reports, including allegations, office information cases, and other cases with sexual elements that may not have been classified as a sexual assault case; and

(2) Feedback provided to the MPD from members of the public regarding the MPD’s response to sexual assault cases, including surveys, complaints, and feedback provided through e-mail or the MPD’s web page.


(Nov. 20, 2014, D.C. Law 20-139, § 207, 61 DCR 5913.)


§ 4–561.08. Monitoring by Chief of Police.

The Chief of Police shall monitor the MPD personnel’s compliance with MPD orders and protocols related to law enforcement interaction with sexual assault victims, including the Sexual Assault Unit’s Standard Operating Procedures, when responding to sexual assault crimes.


(Nov. 20, 2014, D.C. Law 20-139, § 208, 61 DCR 5913.)


§ 4–561.09. MPD reporting requirements.

(a) The Chief of Police shall prepare, on an annual basis, a report on the MPD’s response to sexual assault reports. The report shall include, at a minimum:

(1) The number of sexual assaults and attempted sexual assaults reported, identified by penal code classification;

(2) The outcome of each reported sexual assault, identified by:

(A) How many reports were unfounded;

(B) How many reports were cleared, including how many cleared cases led to an arrest; and

(C) How many reports were closed by the MPD, identified by the type of exception such as victim declines participation, suspect prosecuted in another jurisdiction, case rejected by the prosecutor, or similar explanations;

(3) The number of:

(A) Arrest warrants issued, by classification of crime, and arrests; and

(B) Cases referred to prosecuting attorneys and, to the extent the information is available to the MPD, cases declined for prosecution by the prosecutor, cases declined for prosecution by the grand jury, prosecutions, and other law enforcement actions taken as a result of investigations into sexual assault reports;

(4) The recommendations received from the Sexual Assault Response Team Case Review Subcommittee, established by § 4-561.14, and the measures the MPD has taken, if any, to address those recommendations; and

(5) The number and type of complaints filed against MPD officers or detectives regarding their handling of sexual assault reports and any actions taken by the MPD in response to those complaints.

(b) The report prepared pursuant to subsection (a) of this section shall be transmitted to the Mayor and the Council by December 31 of each year and be made accessible to the public; provided, that the report shall protect the privacy and confidentiality of the sexual assault victims.


(Nov. 20, 2014, D.C. Law 20-139, § 209, 61 DCR 5913.)


§ 4–561.10. OCME reporting requirement.

In the annual report filed pursuant to § 5-1501.04(a)(5), the Director of the DFS shall include the number of sexual assault forensic examination kits received from the MPD and the number of sexual assault forensic examination kits processed by the DFS, including the time it took for each kit to be processed.


(Nov. 20, 2014, D.C. Law 20-139, § 210, 61 DCR 5913.)


§ 4–561.11. OCME reporting requirement.

In the annual report filed pursuant to § 5-1412(d), the Chief Medical Examiner shall include the number of toxicology samples of sexual assault victims received from MPD and the number of toxicology samples of sexual assault victims processed by the OCME, including the time it took for each toxicology sample to be processed.


(Nov. 20, 2014, D.C. Law 20-139, § 211, 61 DCR 5913.)


§ 4–561.12. Establishment of a Sexual Assault Response Team.

(a) There is established the Sexual Assault Response Team.

(b) The SART shall be a partnership of public and private agencies that coordinates a high-quality, multidisciplinary, victim-centered response to sexual assault cases.

(c) Membership on the SART shall consist of the following persons:

(1) The Director of the OVS, or his or her designee;

(2) The SART coordinator, who shall be appointed by the Director of the OVS;

(3) The Chief of Police, or his or her designee; provided, that the designee is a member of the Sexual Assault Unit with the rank of Captain or above;

(3) A representative from the MPD Victim Services Branch;

(4) The United States Attorney for the District of Columbia, or his or her designee; provided, that the designee is an attorney assigned to the Sex Offense and Domestic Violence Section;

(5) A representative from the Victim Witness Assistance Unit of the United States Attorney’s Office for the District of Columbia;

(6) A representative from the United States Park Police;

(7) The Director, or his or her designee, of a private or nonprofit entity that is a member of the DC SANE Program; provided, that the designee is a forensic nurse examiner;

(8) The Director, or his or her designee, of a community-based advocacy organization that is providing advocacy services as part of the DC SANE Program;

(9) A representative, selected by the OVS, from a community-based organization that is providing post-assault mental health services;

(10) A representative from the designated State Sexual Assault Coalition for the District;

(11) The Director of DFS, or his or her designee; provided, that the designee is a forensic scientist;

(12) The Chief Medical Examiner, or his or her designee; and

(13) A representative from a District of Columbia-based college or university; provided, that the representative holds a position at that institution that provides direct victim services to sexual assault victims.

(d) The SART shall hold its initial meeting within 90 days after November 20, 2014. At the initial meeting, one non-governmental member of the SART shall be elected as Chairperson by a majority of the SART members.

(e) Following the SART’s initial meeting, the SART shall meet at least 6 times per calendar year.

(f) The SART shall establish its own procedures and requirements with respect to the place and manner in which it will conduct its meetings.

(g) Subchapter IV of Chapter 5 of Title 2 [§ 2-571 et seq.] does not apply to meetings of the SART.


(Nov. 20, 2014, D.C. Law 20-139, § 212, 61 DCR 5913.)


§ 4–561.13. Duties and responsibilities of the SART.

The SART shall:

(1) Improve the coordination and functioning of victim services, medical forensic care, investigations, and prosecutions available to victims of sexual assault;

(2) Conduct regular case reviews, through the Case Review Subcommittee established by § 4-561.14, of all parties involved in sexual assault responses, including a review of sexual assault reports and investigations by the MPD and cases reported to any member of the SART; and

(3) Develop a protocol to ensure that feedback and recommendations from the Case Review Subcommittee, established by § 4-561.14, are incorporated into SART member agencies’ policies, procedures, practices, training, and decisions to re-examine investigations, when applicable.


(Nov. 20, 2014, D.C. Law 20-139, § 213, 61 DCR 5913.)


§ 4–561.14. The SART Case Review Subcommittee.

(a) There is established the Sexual Assault Response Team Case Review Subcommittee.

(b) The Case Review Subcommittee shall be comprised of, at a minimum, the following SART representatives:

(1) The SART coordinator, who shall also coordinate the Case Review Subcommittee;

(2) The Commander of the MPD’s Sexual Assault Unit, or his or her designee; provided, that the designee is a member of the Sexual Assault Unit with the rank of Captain or above;

(3) The Director, or his or her designee, of a private or nonprofit entity that is a member of the DC SANE Program; provided, that the designee is a forensic nurse examiner.

(4) A representative, selected by the OVS, from a community-based organization that is providing post-assault mental health services;

(5) The Director of DFS, or his or her designee; provided, that the designee is a forensic scientist; and

(6) The Director, or his or her designee, of a community-based advocacy organization that is providing advocacy services as part of the DC SANE Program.

(c)(1) The Case Review Subcommittee shall conduct case reviews of the following types of cases:

(A) A random sample of investigations that involve sexual assault;

(B) Specific cases as requested by members of the SART or the Case Review Subcommittee; and

(C) Specific cases as requested by the independent expert consultant.

(2) The Case Review Subcommittee shall also conduct a review of complaints sexual assault victims have communicated to members of the SART.

(d) In addition the duties set forth in subsection (c) of this section, the Case Review Subcommittee shall:

(1) Develop a case review protocol, including a standard review form and appropriate safeguards to protect confidential or privileged information and other personal information that is protected from disclosure by federal or District law. The policy shall be reviewed on an annual basis, and revised as needed;

(2) Develop a standard review form that examines, at a minimum, the following:

(A) Whether each agency and service provider involved in the sexual assault response followed current best practices in each case, including:

(i) Whether law enforcement waited at least 48 hours before conducting an interview with the sexual assault victim meant to assess and build the case; and

(ii) Whether the sexual assault victim requested information pursuant to § 23-1910 and when the sexual assault victim received that information;

(B) Any prosecutorial actions taken;

(C) Whether the evidence testing complied with the timing requirements of § 4-561.02; and

(D) The use of forensic evidence in the investigation and prosecution of the case; and

(3) Submit feedback and recommendations to the SART when the Case Review Subcommittee identifies concerns or problems during the case review process.

(e) Subchapter IV of Chapter 5 of Title 2 [§ 2-571 et seq.] does not apply to meetings of the Case Review Subcommittee.


(Nov. 20, 2014, D.C. Law 20-139, § 214, 61 DCR 5913.)


§ 4–561.15. Sexual Assault Victim Rights Task Force.

(a) Beginning October 1, 2014, the OVS shall establish a Sexual Assault Victim Rights Task Force to study nationally recognized best practices and develop recommendations regarding:

(1) The development and implementation of an effective mechanism for submitting, tracking, and investigating complaints regarding the handling of, or response to, a sexual assault report or investigation by any agency or organization involved in the response;

(2) Whether a need exists for additional sexual assault victim advocates. If a need is identified, the Task Force shall:

(A) Develop criteria to certify sexual assault victim advocates;

(B) Create a plan for how the District, in conjunction with nonprofits, can provide additional sexual assault victim advocates to meet the needs identified; and

(C) Determine the cost of funding such a plan;

(3) Whether a need exists to expand the right to a sexual assault victim advocate beyond the hospital and law enforcement interview settings, such as meetings and conversations with prosecutors. If a need is identified, the Task Force shall:

(A) Identify where the need exists and to what extent; and

(B) Make recommendations on how best to fill that need, whether legislatively or otherwise;

(4) Whether a need exists to expand the right to a sexual assault victim advocate to juvenile sexual assault victims. If a need is identified, the Task Force shall:

(A) Identify where the need exists and to what extent; and

(B) Make recommendations on how best to fill that need, whether legislatively or otherwise.

(b) The Task Force shall be comprised of representatives from the following entities:

(1) DC Sexual Assault Coalition;

(2) DC SANE program;

(3) DC Victim Assistance Network;

(4) SART; and

(5) A District of Columbia-based college or university; provided, that the representative at that institution provides direct victim services to sexual assault victims;

(6) At least one governmental or agency-based victim services program;

(7) At least 2 organizations for which the primary purpose of the organization is to provide services, education, or outreach to underserved populations disparately impacted by sexual assault; and

(8) Other entities as determined by the OVS.

(c)(1) By September 30, 2015, the Task Force shall produce a report that includes the results of the assessments, developments, and recommendations completed pursuant to subsection (a) of this section, to be transmitted to the Council and the SART.

(2) The Task Force shall disband after the report has been transmitted to the Council and the SART.


(Nov. 20, 2014, D.C. Law 20-139, § 215, 61 DCR 5913.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of the Sexual Assault Victim Rights Task Force Report Extension Emergency Amendment Act of 2015 (D.C. Act 21-159, Oct. 16, 2015, 62 DCR 13720).

For temporary (90 days) amendment of this section, see § 2 of the Sexual Assault Victim Rights Task Force Report Extension Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-222, Dec. 17, 2015, 62 DCR 16239).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of the Sexual Assault Victim Rights Task Force Report Extension Temporary Amendment Act of 2015 (D.C. Law 21-50, Jan. 9, 2016, 62 DCR 13988).


§ 4–561.16. No private right of action.

This subchapter shall not be construed to create a private right of action or serve as the basis for excluding otherwise admissible evidence in a criminal proceeding.


(Nov. 20, 2014, D.C. Law 20-139, § 216, 61 DCR 5913.)

Editor's Notes

Section 301 of Law 20-139 provided that the Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules to implement the provisions of the act.