ICJR Program Statute

34 U.S. Code § 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 authorityThe 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 section 12102(2) of title 42).
(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 section 1101(a)(15) of title 8.
(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 section 12291(a) of this title).
(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 section 5704 of title 25.
(24)
To compile and annually report data to the Attorney General related to missing or murdered Indians, as
described in section 5705 of title 25.
(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)EligibilityEligible 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 victimsA 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 section 10452 of this title.

(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 section 10441 of this title.
(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.
(Pub. L. 90–351, title I, § 2101, as added Pub. L. 103–322, title IV, § 40231(a)(3), Sept. 13, 1994, 108 Stat.
1932; amended Pub. L. 106–386, div. B, title I, §§ 1101(a)(2), (b)(2), 1102(b), 1109(c), title II, § 1209(b),
title V, § 1512(b), Oct. 28, 2000, 114 Stat. 1492, 1493, 1495, 1503, 1509, 1533; Pub. L. 109–162, title I,
§ 102(b), title IX, § 906(c), Jan. 5, 2006, 119 Stat. 2975, 3081; Pub. L. 109–271, § 7(a)(5), Aug. 12,
2006, 120 Stat. 764; Pub. L. 113–4, title I, § 102(a)(1), Mar. 7, 2013, 127 Stat. 70; Pub. L. 116–165,
§ 7(a), Oct. 10, 2020, 134 Stat. 764; Pub. L. 117–103, div. W, title I, § 102(b), Mar. 15, 2022, 136 Stat.
848.)