SUBCHAPTER XX—GRANTS TO IMPROVE THE CRIMINAL JUSTICE RESPONSE AND ENFORCEMENT OF PROTECTION ORDERS
Editorial Notes
Codification
§10461. Grants
(a) Purpose
The purpose of this subchapter is to assist States, Indian Tribal governments, State and local courts (including juvenile courts), Tribal courts, and units of local government to improve the criminal justice response to domestic violence, dating violence, sexual assault, and stalking as serious violations of criminal law, and to seek safety and autonomy for victims.
(b) Grant authority
The Attorney General may make grants to eligible grantees for the following purposes:
(1) To implement offender accountability and homicide reduction programs and policies in police departments, including policies for protection order violations and enforcement of protection orders across State and tribal lines.
(2) To develop policies, educational programs, protection order registries, data collection systems, and training in police departments to improve tracking of cases and classification of complaints involving domestic violence, dating violence, sexual assault, and stalking. Policies, educational programs, protection order registries, and training described in this paragraph shall incorporate confidentiality, and privacy protections for victims of domestic violence, dating violence, sexual assault, and stalking.
(3) To centralize and coordinate police enforcement, prosecution, or judicial responsibility for domestic violence, dating violence, sexual assault, and stalking cases in teams or units of police officers, prosecutors, parole and probation officers, or judges.
(4) To coordinate computer tracking systems and provide the appropriate training and education about domestic violence, dating violence, sexual assault, and stalking to ensure communication between police, prosecutors, parole and probation officers, and both criminal and family courts.
(5) To strengthen legal advocacy and legal assistance programs and other victim services for victims of domestic violence, dating violence, sexual assault, and stalking, including strengthening assistance to such victims in immigration matters.
(6) To educate Federal, State, tribal, territorial, and local judges, courts, and court-based and court-related personnel in criminal and civil courts (including juvenile courts) about domestic violence, dating violence, sexual assault, and stalking and to improve judicial handling of such cases.
(7) To provide technical assistance and computer and other equipment to police departments, prosecutors, courts, and tribal jurisdictions to facilitate the widespread enforcement of protection orders, including interstate enforcement, enforcement between States and tribal jurisdictions, and enforcement between tribal jurisdictions.
(8) To develop or strengthen policies and training for police, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence 1 dating violence, sexual assault, and stalking against individuals 50 years of age or over, Deaf individuals, and individuals with disabilities (as defined in
(9) To develop State, tribal, territorial, or local policies, procedures, and protocols for preventing dual arrests and prosecutions in cases of domestic violence, dating violence, sexual assault, and stalking, and to develop effective methods for identifying the pattern and history of abuse that indicates which party is the actual perpetrator of abuse.
(10) To plan, develop and establish comprehensive victim service and support centers, such as family justice centers, designed to bring together victim advocates from victim service providers, staff from population specific organizations, law enforcement officers, prosecutors, probation officers, governmental victim assistants, forensic medical professionals, civil legal attorneys, chaplains, legal advocates, representatives from community-based organizations and other relevant public or private agencies or organizations into one centralized location, in order to improve safety, access to services, and confidentiality for victims and families. Although funds may be used to support the colocation of project partners under this paragraph, funds may not support construction or major renovation expenses or activities that fall outside of the scope of the other statutory purpose areas.
(11) To develop and implement policies and training for police, prosecutors, probation and parole officers, and the judiciary in recognizing, investigating, and prosecuting instances of sexual assault, with an emphasis on recognizing the threat to the community for repeat crime perpetration by such individuals.
(12) To develop, enhance, and maintain protection order registries.
(13) To develop human immunodeficiency virus (HIV) testing programs for sexual assault perpetrators and notification and counseling protocols.
(14) To develop and implement training programs for prosecutors and other prosecution-related personnel regarding best practices to ensure offender accountability, victim safety, and victim consultation in cases involving domestic violence, dating violence, sexual assault, and stalking.
(15) To develop or strengthen policies, protocols, and training for law enforcement, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence, dating violence, sexual assault, and stalking against immigrant victims, including the appropriate use of applications for nonimmigrant status under subparagraphs (T) and (U) of
(16) To develop and promote State, local, or tribal legislation and policies that enhance best practices for responding to the crimes of domestic violence, dating violence, sexual assault, and stalking, including the appropriate treatment of victims.
(17) To develop, implement, or enhance sexual assault nurse examiner programs or sexual assault forensic examiner programs, including the hiring and training of such examiners.
(18) To develop, implement, or enhance Sexual Assault Response Teams or similar coordinated community responses to sexual assault.
(19) To develop and strengthen policies, protocols, and training for law enforcement officers and prosecutors regarding the investigation and prosecution of sexual assault cases and the appropriate treatment of victims, including victims among underserved populations (as defined in
(20) To provide human immunodeficiency virus testing programs, counseling, and prophylaxis for victims of sexual assault.
(21) To identify and inventory backlogs of sexual assault evidence collection kits and to develop protocols for responding to and addressing such backlogs, including policies and protocols for notifying and involving victims.
(22) To develop multidisciplinary high-risk teams focusing on reducing domestic violence and dating violence homicides by—
(A) using evidence-based indicators to assess the risk of homicide and link high-risk victims to immediate crisis intervention services;
(B) identifying and managing high-risk offenders; and
(C) providing ongoing victim advocacy and referrals to comprehensive services including legal, housing, health care, and economic assistance.
(23) To develop, strengthen, and implement policies, protocols, and training for law enforcement regarding cases of missing or murdered Indians, as described in
(24) To compile and annually report data to the Attorney General related to missing or murdered Indians, as described in
(25) To develop Statewide databases with information on where sexual assault nurse examiners are located.
(26) To develop and implement alternative methods of reducing crime in communities, to supplant punitive programs or policies. For purposes of this paragraph, a punitive program or policy is a program or policy that—
(A) imposes a penalty on a victim of domestic violence, dating violence, sexual assault, or stalking, on the basis of a request by the victim for law enforcement or emergency assistance; or
(B) imposes a penalty on such a victim because of criminal activity at the property in which the victim resides.
(c) Eligibility
Eligible grantees are—
(1) States, Indian tribal governments 1 State and local courts (including juvenile courts), or units of local government that—
(A) except for a court, certify that their laws or official policies—
(i) encourage arrests of domestic violence, dating violence, sexual assault, and stalking offenders based on probable cause that an offense has been committed; and
(ii) encourage arrest of offenders who violate the terms of a valid and outstanding protection order;
(B) except for a court, demonstrate that their laws, policies, or practices and their training programs discourage dual arrests of offender and victim;
(C) certify that their laws, policies, or practices prohibit issuance of mutual restraining orders of protection except in cases where both parties file a claim and the court makes detailed findings of fact indicating that both parties acted primarily as aggressors and that neither party acted primarily in self-defense;
(D) certify that their laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence, dating violence, sexual assault, or stalking offense, or in connection with the filing, issuance, registration, modification, enforcement, dismissal, or service of a protection order, or a petition for a protection order, to protect a victim of domestic violence, dating violence, stalking, or sexual assault, that the victim bear the costs associated with the filing of criminal charges against the offender, or the costs associated with the filing, issuance, registration, modification, enforcement, dismissal, or service of a warrant, protection order, petition for a protection order, or witness subpoena, whether issued inside or outside the State, tribal, or local jurisdiction;
(E) certify that,2 their laws, policies, or practices will ensure that—
(i) no law enforcement officer, prosecuting officer or other government official shall ask or require an adult, youth, or child victim of a sex offense as defined under Federal, tribal, State, territorial, or local law to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of, trial of, or sentencing for such an offense; and
(ii) the refusal of a victim to submit to an examination described in clause (i) shall not prevent the investigation of, trial of, or sentencing for the offense;
(F) except for a court, not later than 3 years after the date on which an eligible grantee receives the first award under this subchapter after March 15, 2022, certify that the laws, policies, and practices of the State or the jurisdiction in which the eligible grantee is located ensure that prosecutor's 3 offices engage in planning, developing, and implementing—
(i) training developed by experts in the field regarding victim-centered approaches in domestic violence, sexual assault, dating violence, and stalking cases;
(ii) policies that support a victim-centered approach, informed by such training; and
(iii) a protocol outlining alternative practices and procedures for material witness petitions and bench warrants, consistent with best practices, that shall be exhausted before employing material witness petitions and bench warrants to obtain victim-witness testimony in the investigation, prosecution, and trial of a crime related to domestic violence, sexual assault, dating violence, and stalking of the victim in order to prevent further victimization and trauma to the victim; and
(G) except for a court, certify that the laws, policies, and practices of the State or the jurisdiction in which the eligible grantee is located prohibits 4 the prosecution of a minor under the age of 18 with respect to prostitution; and
(2) a State, tribal, or territorial domestic violence or sexual assault coalition or a victim service provider that partners with a State, Indian tribal government, or unit of local government that certifies that the State, Indian tribal government, or unit of local government meets the requirements under paragraph (1).
(d) Speedy notice to victims
A State or unit of local government shall not be entitled to 5 percent of the funds allocated under this subchapter unless the State or unit of local government—
(1) certifies that it has a law, policy, or regulation that requires—
(A) the State or unit of local government at the request of a victim to administer to a defendant, against whom an information or indictment is presented for a crime in which by force or threat of force the perpetrator compels the victim to engage in sexual activity, testing for the immunodeficiency virus (HIV) not later than 48 hours after the date on which the information or indictment is presented and the defendant is in custody or has been served with the information or indictment;
(B) as soon as practicable notification to the victim, or parent and guardian of the victim, and defendant of the testing results; and
(C) follow-up tests for HIV as may be medically appropriate, and that as soon as practicable after each such test the results be made available in accordance with subparagraph (B); or
(2) gives the Attorney General assurances that its laws and regulations will be in compliance with requirements of paragraph (1) within the later of—
(A) the period ending on the date on which the next session of the State legislature ends; or
(B) 2 years.
(e) Allotment for Indian tribes
(1) In general
Not less than 10 percent of the total amount available under this section for each fiscal year shall be available for grants under the program authorized by
(2) Applicability of subchapter
The requirements of this subchapter shall not apply to funds allocated for the program described in paragraph (1).
(f) Allocation for tribal coalitions
Of the amounts appropriated for purposes of this subchapter for each fiscal year, not less than 5 percent shall be available for grants under
(g) Allocation for sexual assault
Of the amounts appropriated for purposes of this subchapter for each fiscal year, not less than 25 percent shall be available for projects that address sexual assault, including stranger rape, acquaintance rape, alcohol or drug-facilitated rape, and rape within the context of an intimate partner relationship.
(
Editorial Notes
References in Text
January 5, 2006, referred to in subsec. (c)(5), was in the original "the date of enactment of this section", which was translated as meaning the date of enactment of
Codification
Section was formerly classified to
Prior Provisions
A prior section 2101 of
Amendments
2022—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(5).
Subsec. (b)(8).
Subsec. (b)(19).
Subsec. (b)(25), (26).
Subsec. (c)(1)(A)(i).
Subsec. (c)(1)(A)(ii).
Subsec. (c)(1)(F), (G).
2020—Subsec. (b)(23), (24).
2013—Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(8).
Subsec. (b)(10).
Subsec. (b)(14) to (22).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(4).
Subsec. (c)(5).
Subsec. (d)(1).
Subsec. (d)(1)(A).
Subsec. (d)(2).
Subsecs. (f), (g).
2006—Subsec. (a).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(9) to (13).
Subsec. (c)(5).
Subsec. (d).
Subsec. (e).
2000—Subsec. (a).
Subsec. (b).
Subsec. (b)(2).
Subsec. (b)(3), (4).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (c).
Subsec. (c)(4).
Subsec. (d).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
Effective Date of 2013 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by sections 102(b) (except the amendment to subsec. (d) of this section included in that section) and 906(c) of
1 So in original. Probably should be followed by a comma.
2 So in original. The comma probably should not appear.
3 So in original. Probably should be "prosecutors' ".
4 So in original. Probably should be "prohibit".
§10462. Applications
(a) Application
An eligible grantee shall submit an application to the Attorney General that—
(1) contains a certification by the chief executive officer of the State, Indian tribal government, court, or local government entity that the conditions of
(A) the period ending on the date on which the next session of the State or Indian tribal legislature ends; or
(B) 2 years of September 13, 1994 or, in the case of the condition set forth in subsection 1 10461(c)(4) 2 of this title, the expiration of the 2-year period beginning on October 28, 2000;
(2) describes plans to further the purposes stated in
(3) identifies the agency or office or groups of agencies or offices responsible for carrying out the program; and
(4) includes documentation from victim service providers and, as appropriate, population specific organizations demonstrating their participation in developing the application, and identifying such programs in which such groups will be consulted for development and implementation.
(b) Priority
In awarding grants under this subchapter, the Attorney General shall give priority to applicants that—
(1) do not currently provide for centralized handling of cases involving domestic violence, dating violence, sexual assault, or stalking by police, prosecutors, and courts;
(2) demonstrate a commitment to strong enforcement of laws, and prosecution of cases, involving domestic violence, dating violence, sexual assault, or stalking, including the enforcement of protection orders from other States and jurisdictions (including tribal jurisdictions);
(3) have established cooperative agreements or can demonstrate effective ongoing collaborative arrangements with neighboring jurisdictions to facilitate the enforcement of protection orders from other States and jurisdictions (including tribal jurisdictions); and
(4) in applications describing plans to further the purposes stated in paragraph (4) or (7) of
(c) Dissemination of information
The Attorney General shall annually compile and broadly disseminate (including through electronic publication) information about successful data collection and communication systems that meet the purposes described in this section. Such dissemination shall target States, State and local courts, Indian tribal governments, and units of local government.
(
Editorial Notes
References in Text
Sub
Codification
Section was formerly classified to
Amendments
2013—Subsec. (a)(1).
Subsec. (a)(4).
2006—Subsec. (b)(1), (2).
2000—Subsec. (a)(1)(B).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3), (4).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Amendment by
Effective Date of 2006 Amendment
Amendment by
1 So in original. Probably should be "section".
2 See References in Text note below.
§10462a. Grants to State and Tribal courts to implement protection order pilot programs
(a) Definition of eligible entity
In this section, the term "eligible entity" means a State or Tribal court that is part of a multidisciplinary partnership that includes, to the extent practicable—
(1) a State, Tribal, or local law enforcement agency;
(2) a State, Tribal, or local prosecutor's office;
(3) a victim service provider or State or Tribal domestic violence coalition;
(4) a provider of culturally specific services;
(5) a nonprofit program or government agency with demonstrated experience in providing legal assistance or legal advice to victims of domestic violence and sexual assault;
(6) the bar association of the applicable State or Indian Tribe;
(7) the State or Tribal association of court clerks;
(8) a State, Tribal, or local association of criminal defense attorneys;
(9) not fewer than 2 individuals with expertise in the design and management of court case management systems and systems of integration;
(10) not fewer than 2 State or Tribal court judges with experience in—
(A) the field of domestic violence; and
(B) issuing protective orders; and
(11) a judge assigned to the criminal docket of the State or Tribal court.
(b) Grants authorized
(1) In general
The Attorney General shall make grants to eligible entities to carry out the activities described in subsection (c) of this section.
(2) Number
The Attorney General may award not more than 10 grants under paragraph (1).
(3) Amount
The amount of a grant awarded under paragraph (1) may be not more than $1,500,000.
(c) Mandatory activities
(1) In general
An eligible entity that receives a grant under this section shall use the grant funds, in consultation with the partners of the eligible entity described in subsection (a), to—
(A) develop and implement a program for properly and legally serving protection orders through electronic communication methods to—
(i) modernize the service process and make the process more effective and efficient;
(ii) provide for improved safety of victims; and
(iii) make protection orders enforceable as quickly as possible;
(B) develop best practices relating to the service of protection orders through electronic communication methods;
(C) ensure that the program developed under subparagraph (A) complies with due process requirements and any other procedures required by law or by a court; and
(D) implement any technology necessary to carry out the program developed under subparagraph (A), such as technology to verify and track the receipt of a protection order by the intended party.
(2) Timeline
An eligible entity that receives a grant under this section shall—
(A) implement the program required under paragraph (1)(A) not later than 2 years after the date on which the eligible entity receives the grant; and
(B) carry out the program required under paragraph (1)(A) for not fewer than 3 years.
(d) Diversity of recipients
The Attorney General shall award grants under this section to eligible entities in a variety of areas and situations, including, to the extent practicable—
(1) a State court that serves a population of not fewer than 1,000,000 individuals;
(2) a State court that—
(A) serves a State that is among the 7 States with the lowest population density in the United States; and
(B) has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General;
(3) a State court that—
(A) serves a State that is among the 7 States with the highest population density in the United States; and
(B) has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General;
(4) a court that uses an integrated, statewide case management system;
(5) a court that uses a standalone case management system;
(6) a Tribal court; and
(7) a court that primarily serves a culturally specific and underserved population.
(e) Application
(1) In general
An eligible entity desiring a grant under this section shall submit to the Attorney General an application that includes—
(A) a description of the process that the eligible entity uses for service of protection orders at the time of submission of the application;
(B) to the extent practicable, statistics relating to protection orders during the 3 calendar years preceding the date of submission of the application, including rates of—
(i) successful service; and
(ii) enforcement;
(C) an initial list of the entities serving as the partners of the eligible entity described in subsection (a); and
(D) any other information the Attorney General may reasonably require.
(2) No other application required
An eligible entity shall not be required to submit an application under
(f) Report to Attorney General
(1) Initial report
Not later than 2 years after the date on which an eligible entity receives a grant under this section, the eligible entity shall submit to the Attorney General a report that details the plan of the eligible entity for implementation of the program under subsection (c).
(2) Subsequent reports
(A) In general
Not later than 1 year after the date on which an eligible entity implements a program under subsection (c), and not later than 2 years thereafter, the eligible entity shall submit to the Attorney General a report that describes the program, including, with respect to the program—
(i) the viability;
(ii) the cost;
(iii) service statistics;
(iv) the challenges;
(v) an analysis of the technology used to fulfill the goals of the program;
(vi) an analysis of any legal or due process issues resulting from the electronic service method described in subsection (c)(1)(A); and
(vii) best practices for implementing such a program in other similarly situated locations.
(B) Contents of final report
An eligible entity shall include in the second report submitted under subparagraph (A) recommendations for—
(i) future nationwide implementation of the program implemented by the eligible entity; and
(ii) usage of electronic service, similar to the service used by the eligible entity, for other commonly used court orders, including with respect to viability and cost.
(g) No regulations or guidelines required
Notwithstanding
(h) Authorization of appropriations
There is authorized to be appropriated to carry out this section $10,000,000 for fiscal years 2023 through 2027.
(
Editorial Notes
Prior Provisions
A prior section 2103 of
Statutory Notes and Related Subsidiaries
Effective Date
Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of
§10463. Reports
Each grantee receiving funds under this subchapter shall submit a report to the Attorney General evaluating the effectiveness of projects developed with funds provided under this subchapter and containing such additional information as the Attorney General may prescribe.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 2104 of
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
§10464. Regulations or guidelines
Not later than 120 days after September 13, 1994, the Attorney General shall publish proposed regulations or guidelines implementing this subchapter. Not later than 180 days after September 13, 1994, the Attorney General shall publish final regulations or guidelines implementing this subchapter.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 2105 of
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
§10465. Definitions and grant conditions
In this subchapter the definitions and grant conditions in
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 2106 of
Amendments
2006—
2000—Par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by