Deschutes County DA’s Office works to speed HIV testing of domestic violence suspects, preserve grant funds

(Update: Adding video, DA Hummel comments)

Federal criminal justice grant assists domestic violence survivors

BEND, Ore. (KTVZ)-- The Deschutes County District Attorney’s office is working to secure a nearly $490,000 domestic violence grant award that the county lost a percentage of back in 2018, by speeding the process of HIV testing for suspects.

To retain the full amount and not lose 5%, defendants in criminal cases where bodily fluids are believed to be exchanged must be tested for HIV within 48 hours of arraignment, upon request of the alleged victim.

In 2018, Deschutes County lost 5% of funding for the 3-year 'Improving Criminal Justice Responses to Domestic Violence' grant because state law regarding testing suspects for communicable diseases did not require it to be done so quickly.

The present dilemma is that federal law requires that suspects are tested within 48 hours of arraignment, while Oregon law states that a suspect must be tested after he or she is convicted, District Attorney John Hummel said.

Since receiving notice of the grant reduction in 2018, Hummel said his office has been working to create a plan accommodating the federal law.

 “The moment someone is charged with a crime, victims, advocates and the DA’s office will contact the victim and ask them if they want this testing to occur," Hummel said. "If they say yes, we’ll immediately ask the defendant for the suspect, if the suspect will voluntarily agree to testing. But at the same time, we’re going to ask the court to order it, and at the same time we’re going to ask the Oregon Department of Justice to authorize funding to pay for it."

The DA's office says it is working closely with Saving Grace, a Bend non-profit offering domestic violence and sexual assault services across Central Oregon to help victims of crime.

The ICJR grant provides a dedicated investigator to solely work on crimes of domestic violence and gives Saving Grace additional capacity to aid survivors. Securing the additional 5% of the grant, Hummel said, can have a major impact assisting more people affected by domestic violence.

Additionally, Hummel said victims receiving information about any potential communicable diseases within 48 hours are able to address health risks faster, so victims can get treatment sooner than later.

County commissioners were briefed on and agreed to the changes Wednesday. The next step is for the U.S. Department of Justice to consider the proposal to meet the grant requirements.