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pdf34 U.S. Code § 10441 - Purpose
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(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 USEDGrants under this subchapter
shall provide personnel, training, technical assistance, data collection and
other resources for the more widespread apprehension, prosecution, and
adjudication of persons committing violent crimes against women, for the
protection and safety of victims, 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 domestic violence, dating violence,
sexual assault, and stalking, including the appropriate use of nonimmigrant
status under subparagraphs (T) and (U) of section 1101(a)(15) of title 8;
(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 domestic violence, dating violence,
sexual assault, and stalking;
(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 domestic violence, dating violence, sexual assault, and stalking, as
well as the appropriate treatment of victims;
(4)
developing, installing, or expanding data collection and communication
systems, including computerized systems, linking police, prosecutors,
and courts or for the purpose of identifying, classifying, and tracking arrests,
protection orders, violations of protection orders, prosecutions, and
convictions for violent crimes against women, including the crimes of
domestic violence, dating violence, sexual assault, and stalking;
(5)
developing, enlarging, or strengthening victim services and legal assistance
programs, including sexual assault, domestic violence, dating violence, and
stalking 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 domestic
violence, dating violence, sexual assault, and stalking;
(6)
developing, enlarging, or strengthening programs addressing the needs and
circumstances of Indian tribes in dealing with violent crimes against women,
including the crimes of domestic violence, dating violence, sexual assault,
and stalking;
(7)
supporting formal and informal statewide, multidisciplinary efforts, to the
extent 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, dating violence,
and stalking;
(8)
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;
(9)
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, dating
violence, sexual assault, or stalking, 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;
(10)
providing assistance to victims of domestic violence and sexual assault in
immigration matters;
(11)
maintaining core victim services and criminal justice initiatives, while
supporting complementary new initiatives and emergency services for
victims and their families;
(12)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 the use of evidence-based indicators to assess the risk of domestic
and dating violence homicide and prioritize dangerous or potentially lethal
cases;
(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;
(13)providing funding to law enforcement agencies, victim services
providers, and State, tribal, territorial, and local governments (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
violence 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 (13) 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;
(14)
developing and promoting State, local, or tribal legislation and policies that
enhance best practices for responding to domestic violence, dating violence,
sexual assault, and stalking;
(15)
developing, implementing, or enhancing Sexual Assault Response Teams, or
other similar coordinated community responses to sexual assault;
(16)
developing and strengthening policies, protocols, best practices, and training
for law enforcement agencies and prosecutors relating to the investigation
and prosecution of sexual assault cases and the appropriate treatment of
victims;
(17)
developing, enlarging, or strengthening programs addressing sexual assault
against men, women, and youth in correctional and detention settings;
(18)
identifying and conducting inventories of backlogs of sexual assault evidence
collection kits and developing protocols and policies for responding to and
addressing such backlogs, including protocols and policies for notifying and
involving victims;
(19)
developing, enlarging, or strengthening programs and projects to provide
services and responses targeting male and female victims of domestic
violence, dating violence, sexual assault, or stalking, whose ability to access
traditional services and responses is affected by their sexual orientation or
gender identity, as defined in section 249(c) of title 18; and
(20)
developing, enhancing, or strengthening prevention and educational
programming to address domestic violence, dating violence, sexual assault,
or stalking, with not more than 5 percent of the amount allocated to a State
to be used for this purpose.
(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 COALITIONSThe 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 title 42; 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).
(d)TRIBAL COALITION GRANTS
(1)PURPOSEThe Attorney General shall award a grant to tribal coalitions for
purposes of—
(A)
increasing awareness of domestic violence and sexual assault against Indian
women;
(B)
enhancing the response to violence against Indian women at the Federal,
State, and tribal levels;
(C)
identifying and providing technical assistance to coalition membership and
tribal communities to enhance access to essential services to Indian women
victimized by domestic and sexual violence, including sex trafficking; and
(D)
assisting Indian tribes in developing and promoting State, local, and tribal
legislation and policies that enhance best practices for responding to violent
crimes against Indian women, including the crimes of domestic violence,
dating violence, sexual assault, sex trafficking, and stalking.
(2)GRANTSThe Attorney General shall award grants on an annual basis
under paragraph (1) to—
(A)each tribal coalition that—
(i)
meets the criteria of a tribal coalition under section 12291(a) of this title;
(ii)
is recognized by the Office on Violence Against Women; and
(iii)
provides services to Indian tribes; and
(B)
organizations that propose to incorporate and operate a tribal coalition in
areas where Indian tribes are located but no tribal coalition exists.
(3)USE OF AMOUNTSFor each of fiscal years 2014 through 2018, of the
amounts appropriated to carry out this subsection—
(A)
not more than 10 percent shall be made available to organizations described
in paragraph (2)(B), provided that 1 or more organizations determined by
the Attorney General to be qualified apply;
(B)
not less than 90 percent shall be made available to tribal coalitions described
in paragraph (2)(A), which amounts shall be distributed equally among each
eligible tribal coalition for the applicable fiscal year.
(4)ELIGIBILITY FOR OTHER GRANTS
Receipt of an award under this subsection by a tribal coalition shall not
preclude the tribal coalition from receiving additional grants under this
chapter to carry out the purposes described in paragraph (1).
(5)MULTIPLE PURPOSE APPLICATIONS
Nothing in this subsection prohibits any tribal coalition or organization
described in paragraph (2) from applying for funding to address sexual
assault or domestic violence needs in the same application.
(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; Pub. L. 113–4, title I, § 101(2),
title IX, § 902, Mar. 7, 2013, 127 Stat. 65, 119.)
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