Grants to Encourage Arrest Policies and Enforcement of Protection Orders

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Program Accomplishments

FY 07: Applications: 181, Awards: 96; FY 08: Applications: 170, Awards: 67; FY 09: est. Applications: 170, Awards: 47.

Uses and Use Restrictions

Grants may be used for the following statutory program purposes: (1) To implement proarrest programs and policies in police departments, including policies for protection order violations.

(2) To develop policies, educational programs, protection order registries, and training in police departments to improve tracking of cases 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 to ensure communication between police, prosecutors, parole and probation officers, and both criminal and family courts.

(5) To strengthen legal advocacy service programs for victims of domestic violence, dating violence, sexual assault, and stalking, including strengthening assistance to such victims in immigration matters.

(6) To educate judges 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 and sexual assault against older individuals (as defined in section 3002 of this title) and individuals with disabilities (as defined in section 12102(2) of this title).

(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 non-profit, non-governmental victim services 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.

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Eligibility Requirements

Applicant Eligibility

Grants are available to States, Indian tribal governments, units of local government, and State, tribal, territorial, and local courts.

Beneficiary Eligibility

Beneficiaries include criminal and tribal justice practitioners, domestic violence, dating violence, sexual assault and stalking victim advocates, and other service providers who respond to victims of domestic violence, dating violence, sexual assault, and stalking.

Credentials/Documentation

Eligible applicants must: (1) certify that their laws or official policies-- (A) encourage or mandate arrests of domestic violence offenders based on probable cause that an offense has been committed; and (B) encourage or mandate arrest of domestic violence offenders who violate the terms of a valid and outstanding protection order; (2) demonstrate that their laws, policies, or practices and their training programs discourage dual arrests of offender and victim; (3) certify that their laws, policies, or practices prohibit issuance of mutual restraining orders of protection except in cases where both spouses file a claim and the court makes detailed findings of fact indicating that both spouses acted primarily as aggressors and that neither spouse acted primarily in self-defense; (4) certify that their laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, or in connection with the filing, issuance, registration, or service of a protection order, or a petition for a protection order, to protect a victim of domestic 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, 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; and (5) certify that, not later than 3 years after January, 5, 2006, their laws, policies, or practices will ensure that-- (A) 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 such an offense; and (B) the refusal of a victim to submit to an examination described in subparagraph (A) shall not prevent the investigation of the offense. In addition, a State or unit of local government shall not be entitled to 5 percent of the funds allocated under this program unless the State or unit of local government-- (1) certifies that it has a law 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; (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.

Aplication and Award Process

Preapplication Coordination

This program is eligible for coverage under E.O.

12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her state for more information on the processes the State requires to be followed in applying for assistance, if the State has selected the program for review.

Application forms furnished by the Federal agency, in accordance with 28 CFR Part 66 (Common Rule), must be used for this program.

Application Procedures

Applicants must apply on-line at the grants.gov portal. The receipt, review, and analysis of application will follow Office on Violence Against Women policies and procedures for the administration of grant applications. This program is subject to provisions of OMB Circular No. A-110.

Award Procedures

Upon approval by the Office on Violence Against Women, online notification is sent to the applicant agency with copies of the Grant Award. One copy of the Grant Award must be signed electronically by an authorized official and returned to the Office of Justice Programs.

Deadlines

Contact the Office on Violence Against Women for application deadlines.

Authorization

Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 3796hh, as amended; Violence Against Women Act of 2000, Public Law 106-386; Violence Against Women and Department of Justice Reauthorization Act of 2005, Title I, Section 102, Public Law 109-162.

Range of Approval/Disapproval Time

Applicants will be notified by the end of the fiscal year.

Appeals

None.

Renewals

Renewals are considered on a case-by-case basis.

Assistance Considerations

Formula and Matching Requirements

Grants will be made for amounts up to 100 percent of the costs of the programs or projects contained in the approved applications. Match is not required for this grant program; however, applicants are encouraged to maximize the impact of Federal dollars by contributing to the cost of the project. Supplemental contributions may be cash, in-kind services, or a combination of both.

Length and Time Phasing of Assistance

Up to 24 months. Funds are released on an as-needed basis to the grantee.

Post Assistance Requirements

Reports

Semi-annual progress reports, quarterly financial reports, and a final report are required, as stipulated in the program regulations and the effective edition of the OJP Financial Guide.

Progress reports shall explain the activities carried out and include an assessment of the effectiveness of those activities in achieving the purposes of the program, including number of persons served and numbers of persons seeking services who could not be served.

Audits

In accordance with the provisions of OMB Circular No. A-133 (Revised, June 24, 1997), "Audits of States, Local Governments, and Nonprofit Organization," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133.

Records

The award recipient must keep complete records on disposition of funds.

Financial Information

Account Identification

15-0409-0-1-754 .

Obigations

(Grants) FY 07 $53,319,675; FY 08 est $43,148,196; and FY 09 est $30,203,737.

Range and Average of Financial Assistance

$200,000 to $1,190,000; $616,403.

Regulations, Guidelines, and Literature

The OJP Financial Guide is applicable.

Information Contacts

Regional or Local Office

None.

Headquarters Office

Office on Violence Against Women, Department of Justice, 800 K Street, NW., Washington, DC 20530; Telephone: (202) 307-6026.

Criteria for Selecting Proposals

Criteria are established by the Office on Violence Against Women and included in an annual Application Kit.