II
109th CONGRESS
2d Session
S. 3956
IN THE SENATE OF THE UNITED STATES
September 27, 2006
Mr. DeWine introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To create a grant program for collaboration programs that ensure coordination among criminal justice agencies, adult protective services agencies, victim assistance programs, and other agencies or organizations providing services to individuals with disabilities in the investigation and response to abuse of or crimes committed against such individuals.
Short title
This Act may be cited as
the Crime Victims with Disabilities
Act of 2006
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Findings
Congress finds the following:
Adults with disabilities experience violence or abuse at least twice as often as people without disabilities.
Women with disabilities are more likely to be victimized, to experience more severe and prolonged violence, and to suffer more serious and chronic effects from that violence, than women without such disabilities.
An estimated 5,000,000 crimes are committed against individuals with developmental disabilities annually.
Over 70 percent of crimes committed against individuals with developmental disabilities are not reported.
Purpose
In general
The purpose of this Act is to increase the awareness, investigation, prosecution, and prevention of crimes against individuals with a disability, including developmental disabilities, and improve services to those who are victimized, by facilitating collaboration among the criminal justice system and a range of agencies and other organizations that provide services to individuals with disabilities.
Need for collaboration
Collaboration among the criminal justice system and agencies and other organizations that provide services to individuals with disabilities is needed to—
protect individuals with disabilities by ensuring that crimes are reported, and that reported crimes are actively investigated by both law enforcement agencies and agencies and other organizations that provide services to individuals with disabilities;
provide prosecutors with adequate training to ensure that crimes against individuals with disabilities are appropriately and effectively addressed in court; and
promote communication among criminal justice agencies, and agencies and other organizations that provide services to individuals with disabilities, including Victim Assistance Organizations, to ensure that the needs of crime victims with disabilities are met.
Department of Justice Crime Victims With Disabilities Collaboration Program
The Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following:
Grants to respond to crimes against individuals with disabilities
Crime Victims with Disabilities Collaboration Program grants
Definitions
In this section:
Applicant
The term applicant means a State, unit of local government, Indian tribe, or tribal organization that applies for a grant under this section.
Collaboration program
The term collaboration program means a program to ensure coordination between or among a criminal justice agency, an adult protective services agency, a victim assistance organization, and an agency or other organization that provides services to individuals with disabilities, including but not limited to individuals with developmental disabilities, to address crimes committed against individuals with disabilities and to provide services to individuals with disabilities who are victims of crimes.
Criminal justice agency
The term criminal justice agency means an agency of a State, unit of local government, Indian tribe, or tribal organization that is responsible for detection, investigation, arrest, enforcement, adjudication, or incarceration relating to the violation of the criminal laws of that State, unit of local government, Indian tribe, or tribal organization, or an agency contracted to provide such services.
Adult protective services agency
The term adult protective services agency means an agency that provides adult protective services to adults with disabilities, including—
receiving reports of abuse, neglect, or exploitation;
investigating the reports described in subparagraph (A);
case planning, monitoring, evaluation, and other casework and services; and
providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services for adults with disabilities.
Day program
The term day program means a government or privately funded program that provides care, supervision, social opportunities, or jobs to individuals with disabilities.
Implementation grant
The term implementation grant means a grant under subsection (e).
Individuals with disabilities
The term individuals with disabilities means individuals—
18 years of age or older; and
whose ability to provide for their own health, safety, or welfare is compromised because of—
a developmental, cognitive, physical, or other disability; or
a lack of sufficient understanding or capacity to make or communicate responsible decisions concerning their person or affairs.
Planning grant
The term planning grant means a grant under subsection (f).
Secretary
The term Secretary means the Secretary of Health and Human Services.
Unit of local government
The term unit of local government means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State.
Authorization
In consultation with the Secretary, the Attorney General may make grants to applicants to prepare a comprehensive plan for or to implement a collaboration program that provides for—
the investigation and remediation of instances of abuse of or crimes committed against individuals with disabilities; or
the provision of services to individuals with disabilities who are the victims of a crime or abuse.
Use of funds
A grant under this section shall be used for a collaborative program that—
receives reports of abuse of individuals with disabilities or crimes committed against such individuals;
investigates and evaluates reports of abuse of or crimes committed against individuals with disabilities;
visits the homes or other locations of abuse, and, if applicable, the day programs of individuals with disabilities who have been victims of abuse or a crime for purposes of, among other things, assessing the scene of the abuse and evaluating the condition and needs of the victim;
identifies the individuals responsible for the abuse of or crimes committed against individuals with disabilities;
remedies issues identified during an investigation described in paragraph (2);
prosecutes the perpetrator, where appropriate, of any crime identified during an investigation described in paragraph (2); and
provides services to and enforces statutory rights of individuals with disabilities who are the victims of a crime.
Applications
In general
To receive a planning grant or an implementation grant, an applicant shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General, in consultation with the Secretary, may reasonably require, in addition to the information required by subsection (e)(1) or (f)(1), respectively.
Combined planning and implementation grant application
In general
The Attorney General, in consultation with the Secretary, shall develop a procedure allowing an applicant to submit a single application requesting both a planning grant and an implementation grant.
Conditional grant
The award of an implementation grant to an applicant submitting an application under subparagraph (A) shall be conditioned on successful completion of the activities funded under the planning grant, if applicable.
Planning grants
Applications
An application for a planning grant shall include, at a minimum—
a budget;
a budget justification;
a description of the outcome measures that will be used to measure the effectiveness of the program;
a schedule for completing the activities proposed in the application; and
a description of the personnel necessary to complete activities proposed in the application.
Period of grant
A planning grant shall be made for a period of 1 year, beginning on the first day of the month in which the planning grant is made.
Amount
The amount of planning grant shall not exceed $50,000, except that the Attorney General may, for good cause, approve a grant in a higher amount.
Limit on number
The Attorney General, in consultation with the Secretary, shall not make more than 1 such planning grant to any State, unit of local government, Indian tribe, or tribal organization.
Implementation grants
Implementation grant applications
An application for an implementation grant shall include the following:
Collaboration
An application for an implementation grant shall—
identify not fewer than 1 criminal justice enforcement agency or adult protective services organization and not fewer than 1 agency, crime victim assistance program, or other organization that provides services to individuals with disabilities that will participate in the collaborative program; and
describe the responsibilities of each participating agency or organization, including how each agency or organization will use grant funds to facilitate improved responses to reports of abuse and crimes committed against individuals with disabilities.
Guidelines
An application for an implementation grant shall describe the guidelines that will be developed for personnel of a criminal justice agency, adult protective services organization, crime victim assistance program, and agencies or other organizations responsible for services provided to individuals with disabilities to carry out the goals of the collaborative program.
Financial
An application for an implementation grant shall—
explain why the applicant is unable to fund the collaboration program adequately without Federal funds;
specify how the Federal funds provided will be used to supplement, and not supplant, the funding that would otherwise be available from the State, unit of local government, Indian tribe, or tribal organization; and
outline plans for obtaining necessary support and continuing the proposed collaboration program following the conclusion of the grant under this section.
Outcomes
An application for an implementation grant shall—
identify the methodology and outcome measures, as required by the Attorney General, in consultation with the Secretary, for evaluating the effectiveness of the collaboration program, which may include—
the number and type of agencies participating in the collaboration;
any trends in the number and type of cases referred for multidisciplinary case review;
any trends in the timeliness of law enforcement review of reported cases of violence against individuals with a disability; and
the number of persons receiving training by type of agency;
describe the mechanisms of any existing system to capture data necessary to evaluate the effectiveness of the collaboration program, consistent with the methodology and outcome measures described in clause (i) and including, where possible, data regarding—
the number of cases referred by the adult protective services agency, or other relevant agency, to law enforcement for review;
the number of charges filed and percentage of cases with charges filed as a result of such referrals; and
the period of time between reports of violence against individuals with disabilities and law enforcement review; and
include an agreement from any participating or affected agency or organization to provide the data described in clause (ii).
Form of data
The Attorney General, in consultation with the Secretary, shall promulgate and supply a common electronic reporting form or other standardized mechanism for reporting of data required under this section.
Collaboration set aside
Not less than 5 percent and not more than 10 percent of the funds provided under an implementation grant shall be set aside to procure technical assistance from any recognized State model program or from a recognized national organization, as determined by the Attorney General (in consultation with the Secretary), including the National District Attorneys Association and the National Adult Protective Services Association.
Other programs
An applicant for an implementation grant shall describe the relationship of the collaboration program to any other program of a criminal justice agency or other agencies or organizations providing services to individuals with disabilities of the State, unit of local government, Indian tribe, or tribal organization applying for an implementation grant.
Period of grant
In general
An implementation grant shall be made for a period of 2 years, beginning on the first day of the month in which the implementation grant is made.
Renewal
An implementation grant may be renewed for 1 additional period of 2 years, if the applicant submits to the Attorney General and the Secretary a detailed explanation of why additional funds are necessary.
Amount
An implementation grant shall not exceed $300,000.
Evaluation of program efficacy
Establishment
The Attorney General, in consultation with the Secretary, shall establish a national center to evaluate the overall effectiveness of the collaboration programs funded under this section.
Responsibilities
The national center established under paragraph (1) shall—
analyze information and data supplied by grantees under this section; and
submit an annual report to the Attorney General and the Secretary that evaluates the number and rate of change of reporting, investigation, and prosecution of charges of a crime or abuse against individuals with disabilities.
Authorization
The Attorney General may use not more than $500,000 of amounts made available under subsection (h) to carry out this subsection.
Authorization of appropriations
There are authorized to be appropriated to the Department of Justice to carry out this section—
$10,000,000 for fiscal year 2007; and
such sums as are necessary for each of fiscal years 2008 through 2013.
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