STOP Formula Grant Program Statute

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

located to each of the participating States an
amount which bears the same ratio to the
amount of remaining funds described in this
paragraph as the State prison population of
such State bears to the total prison population
of all the participating States.
(b) Federal share
The Federal share of a grant made under this
subchapter may not exceed 75 percent of the
total costs of the projects described in the application submitted under section 3796ff–1 of this
title for the fiscal year for which the projects receive assistance under this subchapter.
(c) Local allocation
At least 10 percent of the total amount made
available to a State under subsection (a) of this
section for any fiscal year shall be used by the
State to make grants to local correctional and
detention facilities in the State (provided such
facilities exist therein), for the purpose of assisting jail-based substance abuse treatment
programs that are effective and science-based
established by those local correctional facilities.
(d) Residential substance abuse treatment program defined
In this subchapter, the term ‘‘residential substance abuse treatment program’’ means a
course of comprehensive individual and group
substance abuse treatment services, lasting a
period of at least 6 months, in residential treatment facilities set apart from the general population of a prison or jail (which may include the
use of pharmacological treatment, where appropriate, that may extend beyond such period).
(Pub. L. 90–351, title I, § 1904, as added Pub. L.
103–322, title III, § 32101(a)(3), Sept. 13, 1994, 108
Stat. 1900; amended Pub. L. 107–273, div. B, title
II, § 2102(3), Nov. 2, 2002, 116 Stat. 1792; Pub. L.
109–162, title XI, § 1144, Jan. 5, 2006, 119 Stat. 3111;
Pub. L. 110–199, title I, § 102(b), Apr. 9, 2008, 122
Stat. 668.)
AMENDMENTS
2008—Subsec. (d). Pub. L. 110–199 amended subsec. (d)
generally. Prior to amendment, subsec. (d) defined
‘‘residential substance abuse treatment program’’.
2006—Subsec. (d). Pub. L. 109–162 added subsec. (d).
2002—Subsec. (c). Pub. L. 107–273 added subsec. (c).
EFFECTIVE DATE OF 2006 AMENDMENT
Amendment by Pub. L. 109–162 effective Oct. 1, 2006,
see section 1147 of Pub. L. 109–162, set out as a note
under section 3796ff–1 of this title.
CONSTRUCTION OF 2008 AMENDMENT
For construction of amendments by Pub. L. 110–199
and requirements for grants made under such amendments, see section 17504 of this title.

§ 3796ff–4. Evaluation
Each State that receives a grant under this
subchapter shall submit to the Attorney General
an evaluation not later than March 1 of each
year in such form and containing such information as the Attorney General may reasonably require.
(Pub. L. 90–351, title I, § 1905, as added Pub. L.
103–322, title III, § 32101(a)(3), Sept. 13, 1994, 108
Stat. 1900.)

§ 3796gg

SUBCHAPTER XII–H—GRANTS TO COMBAT
VIOLENT CRIMES AGAINST WOMEN
§ 3796gg. Purpose of program and grants
(a) General program purpose
The purpose of this subchapter is to assist
States, State and local courts (including juvenile courts), Indian tribal governments, tribal
courts, and units of local government to develop
and strengthen effective law enforcement and
prosecution strategies to combat violent crimes
against women, and to develop and strengthen
victim services in cases involving violent crimes
against women.
(b) Purposes for which grants may be used
Grants under this subchapter shall provide
personnel, training, technical assistance, data
collection and other equipment for the more
widespread apprehension, prosecution, and adjudication of persons committing violent crimes
against women, and specifically, for the purposes of—
(1) training law enforcement officers, judges,
other court personnel, and prosecutors to
more effectively identify and respond to violent crimes against women, including the
crimes of sexual assault, domestic violence,
and dating violence;
(2) developing, training, or expanding units
of law enforcement officers, judges, other
court personnel, and prosecutors specifically
targeting violent crimes against women, including the crimes of sexual assault and domestic violence;
(3) developing and implementing more effective police, court, and prosecution policies,
protocols, orders, and services specifically devoted to preventing, identifying, and responding to violent crimes against women, including the crimes of sexual assault and domestic
violence;
(4) developing, installing, or expanding data
collection and communication systems, including computerized systems, linking police,
prosecutors, and courts or for the purpose of
identifying and tracking arrests, protection
orders, violations of protection orders, prosecutions, and convictions for violent crimes
against women, including the crimes of sexual
assault and domestic violence;
(5) developing, enlarging, or strengthening
victim services programs, including sexual assault, domestic violence, and dating violence
programs, developing or improving delivery of
victim services to underserved populations,
providing specialized domestic violence court
advocates in courts where a significant number of protection orders are granted, and increasing reporting and reducing attrition
rates for cases involving violent crimes
against women, including crimes of sexual assault and domestic violence;
(6) developing, enlarging, or strengthening
programs addressing stalking;
(7) developing, enlarging, or strengthening
programs addressing the needs and circumstances of Indian tribes in dealing with violent
crimes against women, including the crimes of
sexual assault and domestic violence;
(8) supporting formal and informal statewide, multidisciplinary efforts, to the extent

§ 3796gg

TITLE 42—THE PUBLIC HEALTH AND WELFARE

not supported by State funds, to coordinate
the response of State law enforcement agencies, prosecutors, courts, victim services agencies, and other State agencies and departments, to violent crimes against women, including the crimes of sexual assault, domestic
violence, and dating violence;
(9) training of sexual assault forensic medical personnel examiners in the collection and
preservation of evidence, analysis, prevention,
and providing expert testimony and treatment
of trauma related to sexual assault;
(10) developing, enlarging, or strengthening
programs to assist law enforcement, prosecutors, courts, and others to address the needs
and circumstances of older and disabled
women who are victims of domestic violence
or sexual assault, including recognizing, investigating, and prosecuting instances of such
violence or assault and targeting outreach and
support, counseling, and other victim services
to such older and disabled individuals;
(11) providing assistance to victims of domestic violence and sexual assault in immigration matters;
(12) maintaining core victim services and
criminal justice initiatives, while supporting
complementary new initiatives and emergency
services for victims and their families;
(13) supporting the placement of special victim assistants (to be known as ‘‘Jessica
Gonzales Victim Assistants’’) in local law enforcement agencies to serve as liaisons between victims of domestic violence, dating
violence, sexual assault, and stalking and personnel in local law enforcement agencies in
order to improve the enforcement of protection orders. Jessica Gonzales Victim Assistants shall have expertise in domestic violence,
dating violence, sexual assault, or stalking
and may undertake the following activities—
(A) developing, in collaboration with prosecutors, courts, and victim service providers, standardized response policies for local
law enforcement agencies, including triage
protocols to ensure that dangerous or potentially lethal cases are identified and prioritized;
(B) notifying persons seeking enforcement
of protection orders as to what responses
will be provided by the relevant law enforcement agency;
(C) referring persons seeking enforcement
of protection orders to supplementary services (such as emergency shelter programs,
hotlines, or legal assistance services); and
(D) taking other appropriate action to assist or secure the safety of the person seeking enforcement of a protection order; and
(14) to provide funding to law enforcement
agencies, nonprofit nongovernmental victim
services providers, and State, tribal, territorial, and local governments,1 (which funding
stream shall be known as the Crystal Judson
Domestic Violence Protocol Program) to promote—
(A) the development and implementation
of training for local victim domestic vio1 So

in original. The comma probably should not appear.

Page 5086

lence service providers, and to fund victim
services personnel, to be known as ‘‘Crystal
Judson Victim Advocates,’’ to provide supportive services and advocacy for victims of
domestic violence committed by law enforcement personnel;
(B) the implementation of protocols within
law enforcement agencies to ensure consistent and effective responses to the commission of domestic violence by personnel within such agencies (such as the model policy
promulgated by the International Association of Chiefs of Police (‘‘Domestic Violence
by Police Officers: A Policy of the IACP, Police Response to Violence Against Women
Project’’ July 2003));
(C) the development of such protocols in
collaboration with State, tribal, territorial
and local victim service providers and domestic violence coalitions.
Any law enforcement, State, tribal, territorial, or local government agency receiving
funding under the Crystal Judson Domestic
Violence Protocol Program under paragraph
(14) shall on an annual basis, receive additional training on the topic of incidents of domestic violence committed by law enforcement personnel from domestic violence and
sexual assault nonprofit organizations and,
after a period of 2 years, provide a report of
the adopted protocol to the Department of
Justice, including a summary of progress in
implementing such protocol.
(c) State coalition grants
(1) Purpose
The Attorney General shall award grants to
each State domestic violence coalition and
sexual assault coalition for the purposes of coordinating State victim services activities,
and collaborating and coordinating with Federal, State, and local entities engaged in violence against women activities.
(2) Grants to State coalitions
The Attorney General shall award grants
to—
(A) each State domestic violence coalition,
as determined by the Secretary of Health
and Human Services under section 10411 of
this title; and
(B) each State sexual assault coalition, as
determined by the Center for Injury Prevention and Control of the Centers for Disease
Control and Prevention under the Public
Health Service Act (42 U.S.C. 280b et seq.).
(3) Eligibility for other grants
Receipt of an award under this subsection by
each State domestic violence and sexual assault coalition shall not preclude the coalition
from receiving additional grants under this
part to carry out the purposes described in
subsection (b) of this section.
(d) Tribal coalition grants
(1) Purpose
The Attorney General shall award grants to
tribal domestic violence and sexual assault
coalitions for purposes of—
(A) increasing awareness of domestic violence and sexual assault against American
Indian and Alaska Native women;

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(B) enhancing the response to violence
against American Indian and Alaska Native
women at the tribal, Federal, and State levels; and
(C) identifying and providing technical assistance to coalition membership and tribal
communities to enhance access to essential
services to American Indian women victimized by domestic and sexual violence.
(2) Grants to tribal coalitions
The Attorney General shall award grants
under paragraph (1) to—
(A) established nonprofit, nongovernmental tribal coalitions addressing domestic
violence and sexual assault against American Indian and Alaska Native women; and
(B) individuals or organizations that propose to incorporate as nonprofit, nongovernmental tribal coalitions to address domestic
violence and sexual assault against American Indian and Alaska Native women.
(3) Eligibility for other grants
Receipt of an award under this subsection by
tribal domestic violence and sexual assault
coalitions shall not preclude the coalition
from receiving additional grants under this
chapter to carry out the purposes described in
subsection (b) of this section.
(Pub. L. 90–351, title I, § 2001, as added Pub. L.
103–322, title IV, § 40121(a)(3), Sept. 13, 1994, 108
Stat. 1910; amended Pub. L. 106–386, div. B, title
I, §§ 1102(a)(1), 1103(b)(1), 1109(b), title II, § 1209(c),
title V, § 1512(a), Oct. 28, 2000, 114 Stat. 1494, 1495,
1503, 1509, 1533; Pub. L. 108–405, title III, § 310(a),
Oct. 30, 2004, 118 Stat. 2276; Pub. L. 109–162, title
I, § 101(b), Jan. 5, 2006, 119 Stat. 2972; Pub. L.
111–320, title II, § 202(c), Dec. 20, 2010, 124 Stat.
3509.)
REFERENCES IN TEXT
The Public Health Service Act, referred to in subsec.
(c)(2)(B), is act July 1, 1944, ch. 373, 58 Stat. 682, as
amended, which is classified generally to chapter 6A
(§ 201 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under
section 201 of this title and Tables.
This chapter, referred to in subsec. (d)(3), was in the
original ‘‘this title’’, meaning title I of Pub. L. 90–351,
as added by Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat.
1167, as amended, which is classified principally to this
chapter. For complete classification of title I to the
Code, see Tables.
PRIOR PROVISIONS
A prior section 2001 of Pub. L. 90–351 was renumbered
section 2601 and is classified to section 3797 of this title.
AMENDMENTS
2010—Subsec. (c)(2)(A). Pub. L. 111–320 substituted
‘‘under section 10411 of this title’’ for ‘‘through the
Family Violence Prevention and Services Act (42 U.S.C.
10410 et seq.)’’.
2006—Subsec. (b). Pub. L. 109–162 added pars. (12) to
(14).
2004—Subsec. (d). Pub. L. 108–405 added subsec. (d).
2000—Subsec. (a). Pub. L. 106–386, § 1102(a)(1)(A), substituted ‘‘State and local courts (including juvenile
courts), Indian tribal governments, tribal courts,’’ for
‘‘Indian tribal governments,’’.
Subsec. (b)(1). Pub. L. 106–386, §§ 1102(a)(1)(B)(i),
1109(b)(1), inserted ‘‘, judges, other court personnel,’’
after ‘‘law enforcement officers’’ and substituted ‘‘sex-

§ 3796gg–0

ual assault, domestic violence, and dating violence’’ for
‘‘sexual assault and domestic violence’’.
Subsec. (b)(2). Pub. L. 106–386, § 1102(a)(1)(B)(ii), inserted ‘‘, judges, other court personnel,’’ after ‘‘law enforcement officers’’.
Subsec. (b)(3). Pub. L. 106–386, § 1102(a)(1)(B)(iii), inserted ‘‘, court,’’ after ‘‘police’’.
Subsec. (b)(5). Pub. L. 106–386, §§ 1103(b)(1)(A)(i),
1109(b)(2), substituted ‘‘including sexual assault, domestic violence, and dating violence’’ for ‘‘including sexual
assault and domestic violence’’ and ‘‘underserved populations’’ for ‘‘racial, cultural, ethnic, and language minorities’’.
Subsec.
(b)(8),
(9).
Pub.
L.
106–386,
§ 1103(b)(1)(A)(ii)–(iv), added pars. (8) and (9).
Subsec. (b)(10). Pub. L. 106–386, § 1209(c), added par.
(10).
Subsec. (b)(11). Pub. L. 106–386, § 1512(a), added par.
(11).
Subsec. (c). Pub. L. 106–386, § 1103(b)(1)(B), added subsec. (c).
EFFECTIVE DATE OF 2006 AMENDMENT
Amendment by Pub. L. 109–162 not effective until the
beginning of fiscal year 2007, see section 4 of Pub. L.
109–162, set out as a note under section 3793 of this title.
STANDARDS, PRACTICE, AND TRAINING FOR SEXUAL
ASSAULT FORENSIC EXAMINATIONS
Pub. L. 106–386, div. B, title IV, § 1405, Oct. 28, 2000, 114
Stat. 1515, provided that:
‘‘(a) IN GENERAL.—The Attorney General shall—
‘‘(1) evaluate existing standards of training and
practice for licensed health care professionals performing sexual assault forensic examinations and develop a national recommended standard for training;
‘‘(2) recommend sexual assault forensic examination training for all health care students to improve
the recognition of injuries suggestive of rape and sexual assault and baseline knowledge of appropriate referrals in victim treatment and evidence collection;
and
‘‘(3) review existing national, State, tribal, and
local protocols on sexual assault forensic examinations, and based on this review, develop a recommended national protocol and establish a mechanism for its nationwide dissemination.
‘‘(b) CONSULTATION.—The Attorney General shall consult with national, State, tribal, and local experts in
the area of rape and sexual assault, including rape crisis centers, State and tribal sexual assault and domestic violence coalitions and programs, and programs for
criminal justice, forensic nursing, forensic science,
emergency room medicine, law, social services, and sex
crimes in underserved communities (as defined in
[former] section 2003(7) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 ([former] 42 U.S.C.
3796gg–2(7)), as amended by this division).
‘‘(c) REPORT.—The Attorney General shall ensure
that not later than 1 year after the date of the enactment of this Act [Oct. 28, 2000], a report of the actions
taken pursuant to subsection (a) is submitted to Congress.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section
$200,000 for fiscal year 2001.’’
[For definitions of terms used in section 1405 of Pub.
L. 106–386, set out above, see section 1002 of Pub. L.
106–386, set out as a note under section 3796gg–2 of this
title.]

§ 3796gg–0. Establishment of Violence Against
Women Office
(a) In general
There is hereby established within the Department of Justice, under the general authority of
the Attorney General, a Violence Against
Women Office (in this subchapter referred to as
the ‘‘Office’’).