Grants To Encourage Arrest Policies

DEPARTMENT OF JUSTICE

Office of Justice Programs

28 CFR Part 90

[OJP No. 1019]

RIN 1121-AA35

Grants To Encourage Arrest Policies

AGENCY: U.S. Department of Justice, Office of Justice Programs.

ACTION: Proposed rule.

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SUMMARY: This notice announces a proposed rule for the Grants to

Encourage Arrest Policies authorized by the Violence Against Women Act,

Title IV of the Violent Crime Control and Law Enforcement Act of 1994.

For Fiscal Year 1996, Congress has appropriated $28 million to the

United States Department of Justice, Office of Justice Programs, for

Grants to Encourage Arrest Policies. This regulation is being published

under the general statutory grant of authority to issue rules and

regulations pursuant to the Omnibus Crime Control and Safe Streets Act

of 1968. The purpose of this regulation is to provide a general outline

of the program and its purposes as set forth in the statute.

DATES: All comments must be received by June 13, 1996. The length of

the comment period has been limited to thirty days in order to provide

States timely access to the available program funds. It would be

contrary to the public interest to delay implementation of the program.

ADDRESSES: All comments should be addressed to Kathy Schwartz, Violence

Against Women Grants Office, Office of Justice Programs, Room 446, 633

Indiana Avenue, N.W., Washington, D.C. 20531.

FOR FURTHER INFORMATION CONTACT: The Department of Justice Response

Center at 1-800-421-6770 or (202) 307-1480, or Catherine Pierce,

Violence Against Women Grants Office, Office of Justice Programs at

(202) 307-6026.

SUPPLEMENTARY INFORMATION:

Title IV Grants To Encourage Arrest Policies

For Fiscal Year (FY) 1996, Congress authorized a federal

discretionary grant program under Title IV of the Violent Crime Control

and Law Enforcement Act of 1994, Pub. L. No. 103-22, 108 Stat. 1796,

1902-55, codified as amended at 42 U.S.C. Sec. 3796hh et seq (1994)

[hereinafter the ``Act''], for States, units of local government, and

Indian tribal governments to encourage the treatment of domestic

violence as a serious violation of criminal law. The Act gives the

Attorney General and an authorized designee, in this case the Assistant

Attorney General for the Office of Justice Programs, the authority to

make grants to the above mentioned entities. Omnibus Crime Control and

Safe Streets Act of 1968 Sec. 805, codified as amended at 42 U.S.C.

Sec. 3768 (1994) [hereinafter the ``Omnibus Act'']. Section 2104 of

Title IV of the Act, codified as amended at 42 U.S.C. Sec. 3796hh-3,

requires that regulations be issued specifically to implement these

policies and programs.

Statement of the Problem

In the past, police departments, and the criminal justice system as

a whole, generally treated domestic violence as a private, family

matter unlike any other violent crime. Many police departments

maintained informal non-arrest policies for domestic violence, focusing

instead on alternative responses such as family crisis intervention and

counseling for domestic abusers.1 In recent years, many

departments have implemented new policies and practices that encourage

or mandate arrest of a perpetrator of domestic violence for probable

cause or for violating a protection order.2 To ensure the

effectiveness of these new policies, some departments have created

special domestic violence units that train personnel; develop

guidelines and protocols for enforcing laws related to domestic

violence; create sophisticated tracking and communication systems;

investigate both misdemeanor and felony domestic assaults; develop

accountability measures which ensure enforcement of the law by all

officers in the department; and coordinate with other criminal justice

agencies and victim service providers. Despite these very significant

accomplishments, many more police departments require the tools and

resources necessary to implement similar innovations in their own

communities.

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\1\ Liebman, D.A., and Schwartz, J.A., Police Programs in Crisis

Intervention: A Review, (J.R. Snibbe and H.M. Snibbe eds. 1973). See

also Charles C. Thomas, The Urban Policeman in Transition: A

Psychological and Sociological Review (1973).

\2\ Garner, J., Fagan, J., and Maxwell, C., Published Findings

from the Spouse Assault Replication Program: A Critical Review,

Journal of Quantitative Criminology, 11[1], 3-28, 1995.

Fagan, J., The Criminalization of Domestic Violence: Promises

and Limits, Presentation at the 1995 National Institute of Justice

Conference on Criminal Justice Research and Evaluation, January,

1996, available through the National Criminal Justice Reference

Service, 1-800-851-3420.

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For arrest to be an effective domestic violence intervention, it

must be part of a coordinated and integrated response to the problem on

the part of the entire criminal justice system.3 That is,

mandatory or proarrest policies will be effective only if police

departments implement clear guidelines and protocols for the arrest of

domestic violence perpetrators; if police and prosecutors alike conduct

thorough and careful investigations of domestic violence cases; if

judges impose appropriate sentences; if batterers remain in custody

after they are arrested; if probation and parole departments devise

ways to effectively supervise batterers; and if victims feel confident

that all professionals in the system are committed to their safety and

the safety of their children.

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\3\ Hart, B.J., Coordinated Community Approaches to Domestic

Violence, presented at the Strategic Planning Workshop on Violence

Against Women sponsored by the National Institute of Justice in

Washington, D.C., March 31, 1995, available through the National

Criminal Justice Reference Service, 1-800-851-3420.

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Policies that Mandate or Encourage Arrest

Laws and policies that encourage or mandate the arrest of a

domestic violence perpetrator based on probable cause are not new.

Currently, at least 27 States and the District of Columbia have adopted

laws that mandate or encourage arrest of a person who assaults a family

member, or of a person who violates a domestic violence protection

order.4 Federal law also requires all states honor certain

protection orders issued by other jurisdictions. Act Sec. 4022(a), 18

[[Page 24257]]

U.S.C. Sec. 2265(a). Domestic violence incidents are among the most

difficult and most sensitive calls requesting police assistance. For

this reason, many police departments with mandatory or proarrest

policies inform their officers that, when responding to a domestic

violence call, they must anticipate the unexpected, be carefully

impartial and be primarily concerned for the needs and safety of the

victim or victims. Some mandatory or proarrest policies go a step

further by directing responding officers to arrest the primary

aggressor in a domestic violence incident. These policies warn that

dual arrests may trivialize the seriousness of domestic violence and

potentially increase danger to its victims. Most importantly, arrest of

the batterer conveys a message to the victim, the family and the

community that domestic violence is a serious crime that will not be

tolerated. Mandatory or proarrest policies also offer the potential

benefit of deterring future abuse if the offender is separated from the

victim and held publicly accountable for his 5 actions. Arrest

demonstrates to the offender that he has committed a serious crime and

communicates to the victim that she does not have to endure the

offender's abuse. Moreover, arrest of the offender sends a broader

public message--that violent behavior, even between intimates, is

criminal.

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\4\ Layden, J., Domestic Violence, Headliners, 1994.

\5\ Men can be the victims of abuse, and women can be

perpetrators. However, the vast majority of victims of domestic

violence are women. In addition, it is much less common for men to

receive injuries as a result of their abuse and less likely for men

to become entrapped in relationships where they cannot leave for

fear of extreme bodily harm to themselves or their children. For

these reasons, victims are referred to as women and perpetrators as

men throughout these proposed regulations. See Stets, J.E. and

Straus, M.A., Gender Differences in Reporting Marital Violence and

its Medical and Psychological Consequences (Physical Violence in

American Families: Risk Factors and Adaptations to Violence in 8,145

Families, Straus, M.A. and Gelles, R.J. eds. 1990).

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Orders of Protection

An order of protection is the legal instrument many victims of

domestic violence initially seek to protect themselves from further

abuse. For protection orders to be effective, the terms of the order

must be strictly and consistently enforced, and abusers violating the

terms of the order must be punished. To ensure a consistent response,

departmental policies specifying the violations for which an abuser is

subject to arrest must be communicated clearly to police officers who

respond to domestic violence calls. Furthermore, there must be

consistent enforcement between same-State jurisdictions (e.g., county

to county or city to city) or between communities under the

jurisdiction of the same tribal government. In addition to intrastate

enforcement, States and tribal governments must also take steps to

ensure the interstate (i.e., State to State) enforcement of protection

orders as required by Section 40221(a) of the Act.

Prior to the enactment of the Violence Against Women Act, a woman

who obtained a protection order in her home state often could not use

that order as the basis for protection if she worked, traveled, or

moved to most other states. Under the Violence Against Women Act, a

victim does not have to wait for abuse to occur in the new state, nor

does she have to meet the new jurisdictional requirements. A woman may

now seek enforcement of the out-of-state order in the new state.

Although there is no universal approach to effective implementation

of the full faith and credit provisions of the Act, State and tribal

law enforcement agencies, courts, prosecutors, non-profit, non-

governmental victim services agencies and private attorneys are

encouraged to collaborate on efforts and strategies for bolstering and

implementing enforcement of out-of-state protective orders. The state

administrative office of the court and state law enforcement agencies,

in consultation with victim advocates, should devise and publicize

widely a state plan for according full faith and credit to protection

orders.

Centralized Communication, Information and Tracking Systems

Regardless of whether there is a particular jurisdictional domestic

violence arrest policy in place, police must have probable cause to

make an arrest. Police often are dispatched, however, without any

information regarding the domestic violence or criminal history of the

people involved in an altercation. The officers frequently do not know

if there is an outstanding order of protection against the offender,

whether the offender has previously been arrested for assaulting the

victim, or if charges are pending against the perpetrator for prior

alleged domestic violence. Knowledge of this information clearly would

help guide the discretion of an officer who is trying to determine

whether to make an arrest, and help him or her ensure the safety of the

victim and other family members.

Beyond providing information about the criminal history of the

perpetrator, responding officers also would benefit greatly from

communication and tracking systems that could inform them about the

frequency of past calls to the same location, prior weapons use, the

presence of children at the residence and past need for medical

emergency services. These advanced information systems also could

provide a description of the alleged perpetrator and places he

historically has frequented if the offender is not found at the scene.

Just as police officers need more information to respond

effectively, so do prosecutors, judges and other criminal justice

professionals. Access to centralized information on prior incidents or

convictions, prior issuance of protection orders, other matters

involving the same family pending before the court, and the

availability of community resources and services for the victim would

be extremely beneficial to prosecutors seeking convictions, to judges

who must impose a sentence and to probation and parole officials

responsible for providing community supervision. Interstate and

intrastate communication and tracking systems for use by police

officers and criminal justice professionals throughout a state or

region of the country also would contribute to enhancing the safety of

victims.

The Role of Prosecutors, Judges, Victim Advocates and Other Criminal

Justice Professionals

If arrest policies are to be effective, pre-trial service agents,

prosecutors, judges, probation officers, and parole officers need to

respond with effective supervision and prosecution strategies, safety

plans for victims, and appropriate sentences for offenders. In

addition, prosecutors, judges and other criminal justice professionals

need tools and resources to respond to domestic violence as a serious

crime. For example, in those jurisdictions where mandatory or proarrest

policies have been instituted, individual prosecutors may be

overwhelmed with domestic violence cases, resulting in a severe lack of

resources and time needed to prosecute each case effectively. To help

alleviate the backlog of domestic violence cases, many prosecutors have

begun to work with victim advocates during both the pending prosecution

and the sentencing phase of a case. In many jurisdictions, victim

advocates are critical to domestic violence prosecution. In addition to

being effective legal advocates, victim advocates assist in safety

planning with the victim, providing the court with information needed

to determine risk assessment and proposed conditions of probation or

parole for the offender.

Prosecutors, judges, victim advocates and other criminal justice

professionals need specialized education and training on the phenomenon

of domestic

[[Page 24258]]

violence and information on community resources available to assist the

victim and respond appropriately to the batterer. Prosecutors need to

understand the psychology of domestic violence victims (e.g., why they

may be reluctant to prosecute and the risks to their safety if they

decide to prosecute). Judges need to craft effective protection orders

and they need the information and skills necessary to tailor the

sentence to the individual perpetrator (e.g., ordering protective

conditions for victim safety, incarceration, community service,

restitution, intensive probation or parole, batterer intervention

services, drug and alcohol treatment, or all of the above, as

appropriate). Victim advocates and all criminal justice professionals

need to work together to explore and develop coordinated approaches to

reduce and prevent domestic violence.

Conclusion

While strong, clear arrest policies are needed to guide the actions

of police officers, the rest of the criminal justice system also must

be directed to respond similarly in ways that will break the cycle of

violence. Without aggressive, system-wide coordination, arrest alone

will not stop domestic violence. Most importantly, as a jurisdiction

assesses its response to domestic violence, prioritizing victim safety

within the policies and practices of the entire criminal justice system

is essential. In conclusion:

Police departments need to develop clear policies and

procedures mandating or encouraging arrest for perpetrators of domestic

violence and for the violation of protection orders.

Police officers need specialized training on domestic

violence, on implementing departmental arrest policies and related

federal, state and local law.

Police departments need resources to develop guidelines

for arrest and investigation of domestic violence, specialized training

programs, special investigation or detective units, and procedures to

ensure coordination with other parts of the criminal justice system.

Police departments need the resources to develop advanced

communication, information and tracking systems to enable them to

respond more effectively to domestic violence incidents and prevent

future incidents that could result in aggravated assault and homicide.

Jurisdictions need to develop methods and technologies

that will promote improved communication and coordination between law

enforcement, prosecution, the judiciary and other parts of the criminal

justice and social service systems to improve the entire system's

response to domestic violence. In addition, jurisdictions need to

develop centralized, automated information systems that will track the

domestic violence history of involved parties, including outstanding

orders of protection, previous arrests and pending charges against

perpetrators.

Police and prosecutors need the tools and resources to

investigate domestic violence cases aggressively and thoroughly.

Specialized education and training programs for

prosecutors, judges, victim advocates and other criminal justice

professionals need to be developed or replicated and adapted from

existing curricula.

Procedures to expedite requests for protection orders need

to be developed by police departments, prosecution units, and the

courts.

Judges need to convey clearly to batterers the gravity of

their offenses by imposing appropriate sentences.

Probation and parole departments need to establish

protocols and procedures for the intensive supervision of batterers.

Victims and their children need access to a full range of

services including legal advocacy and assistance in planning for their

long and short-term safety.

Research needs to be conducted to assess the effectiveness

of arrest and other legal sanctions for domestic violence in

communities that have adopted a system-wide, coordinated response to

domestic violence.

The Violence Against Women Act of 1994

The Violence Against Women Act reflects a firm commitment towards

working to change the criminal justice system's response to violence

that occurs when any woman is threatened or assaulted by someone with

whom she has or has had an intimate relationship, with whom she was

previously acquainted, or who is a stranger. By committing significant

Federal resources and attention to restructuring and strengthening the

criminal justice response to women who have been, or potentially could

be, victimized by violence, the safety of all women can be more

effectively ensured.

Fiscal Year 1996 Grants To Encourage Arrest Policies

For FY 1996, Congress has appropriated $28 million to the United

States Department of Justice Office of Justice Programs for Grants to

Encourage Arrest Policies. Additionally, Part U of the Violence Against

Women Act of 1994 authorizes $33 million for FY 1997 and $59 million

for FY 1998. States, Indian tribal governments, and units of local

government are eligible to receive grants subject to the requirements

of the statute and these regulations, as well as assurances and

certifications specified in the final program guidelines and

application materials that will be available in early FY 1996.

Section 2101 of the Violence Against Women Act, codified as amended

at 42 U.S.C. Sec. 3796hh (1994), enumerates the following six purposes

for which Grants to Encourage Arrest Policies may be used:

(1) To implement mandatory arrest or proarrest programs and

policies in police departments, including mandatory arrest programs and

policies for protection order violations;

(2) To develop policies and training programs in police departments

to improve tracking of cases involving domestic violence;

(3) To centralize and coordinate police enforcement, prosecution,

or judicial responsibility for domestic violence cases in groups or

units of police officers, prosecutors, or judges;

(4) To coordinate computer tracking systems to ensure communication

between police, prosecutors, and both criminal and family courts;

(5) To strengthen legal advocacy service programs for victims of

domestic violence; and

(6) To educate judges in criminal and other courts about domestic

violence and improve judicial handling of such cases.

A Coordinated and Integrated Approach to the Problem

By definition, a coordinated and integrated approach suggests a

partnership among law enforcement, prosecution, the courts, victim

advocates and service providers. The goal of this Program is to treat

domestic violence as a serious violation of the criminal law. A

consistent criminal justice system response to domestic violence

requires that professionals in the various components of the system

have a shared vision that prioritizes the safety and well-being of the

victim. The creation and implementation of that vision necessitates

collaboration among police, prosecutors, the courts, and victim service

providers. Thus, the Program requires that jurisdictions incorporate

the experience of nonprofit, nongovernmental domestic violence service

providers into the project planning and implementation process as well

as police, prosecutors, and the

[[Page 24259]]

courts. Examples of innovative approaches include:

Creating centralized units of police officers,

prosecutors, judges and probation and parole officers to investigate

and handle domestic violence cases.

Implementing and testing the effectiveness of domestic

violence arrest policies for violations of protection orders in the

context of a coordinated criminal justice and community response to

domestic violence that assigns priority to the safety of the victim and

holds the offender accountable for his violent actions.

Delivering comprehensive training programs for the police,

prosecutors, probation and parole officers and the judiciary that

address the technical issues associated with policies that encourage or

mandate arrest for domestic violence; address the phenomenon of

domestic violence; stress collaboration and shared responsibility for

ensuring the safety of the victim; seek to change attitudes that have

traditionally prevented professionals in the criminal justice system

from responding to domestic violence as a serious violation of criminal

law; and provide information on improved methods for tracking domestic

violence cases.

Developing information systems, automated registries,

education and training programs and technical assistance efforts that

facilitate enforcement of protection orders within a single

jurisdiction; within a single State; and from State to State.

Linking automated information and tracking systems to

enhance communication among police, prosecutors, and criminal and

family courts to ensure that all of the system components have access

to consistent and complete information about an individual's domestic

violence history.

Establishing and expanding advocacy services for domestic

violence victims from the time an abuse report is filed through the

post-sentencing of the offender, including any time during which the

offender is subject to probation or parole supervision.

Eligibility Requirements

To be eligible to receive grants under this Program, States, Indian

tribal governments, and units of local government must certify that

their laws or official policies (1) Encourage or mandate arrest of

domestic violence offenders based on probable cause that an offense has

been committed and (2) encourage or mandate arrest of domestic violence

offenders who violate the terms of a valid outstanding protection

order. Omnibus Act Sec. 2101(c)(2), 42 U.S.C. Sec. 3796hh(c)(2) (1994).

Eligible applicants also must demonstrate that their laws, policies, or

practices and their training programs discourage dual arrests of an

offender and victim. Omnibus Act Sec. 2101(c)(2), 42 U.S.C.

Sec. 3796hh(c)(2) (1994).

In addition, States, Indian tribal governments, and units of local

governments seeking grant funds through this Program must certify that

their laws, policies, or practices prohibit the issuance of mutual

restraining orders of protection, except in cases in which 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. Omnibus Act Sec. 2101(c)(3), 42 U.S.C.

Sec. 3796hh(c)(3) (1994).

Eligible applicants also must certify that their laws, policies, or

practices do not require, in connection with the prosecution of any

misdemeanor or felony domestic violence offense, that the victim bear

the costs associated with the filing of criminal charges or the service

of such charges on an abuser, or costs associated with the issuance or

service of a warrant, protection order, or witness subpoena. Omnibus

Act Sec. 2101(c)(4), 42 U.S.C. Sec. 3796hh(c)(4) (1994).

If the laws, policies, or practices required by Section 2101(c) of

the Violence Against Women Act are not currently in place, States,

Indian tribal governments, and local units of government must provide

assurances that they will be in compliance with these requirements by

the date on which the next session of the State or Indian Tribal

legislature ends, or September 13, 1996, whichever is later. Omnibus

Act Sec. 2102(a)(1) (A)-(B), 42 U.S.C. Sec. 3796hh-1(a)(1) (A)-(B)

(1994).

For the purposes of this Program, a jurisdiction need not have pre-

existing policies encouraging or mandating arrest to meet the

eligibility requirements listed above. However, a State, Indian tribal

government, or unit of local government must specify the policy that it

intends to enact by the statutory deadline in its application for

funding through this Program.

Award Priority

The Office of Justice Programs is required by the Violence Against

Women Act to give priority to applicants that (1) Do not currently

provide for centralized handling of cases involving domestic violence

by police, prosecutors, and courts; and (2) demonstrate a commitment to

strong enforcement of laws, and prosecution of cases, involving

domestic violence. Omnibus Act Sec. 2102(b) (1)-(2), 42 U.S.C.

Sec. 3796hh-1(b) (1)-(2) (1994). Commitment may be demonstrated in a

number of ways including: clear communication from top departmental

management that domestic violence prevention is a priority; strict

enforcement of arrest policies; innovative approaches to officer

supervision in domestic violence matters; acknowledgment of officers

who consistently enforce domestic violence arrest policies and

sanctions for those who do not; education and training for all officers

and supervisors on enforcement of domestic violence arrest policies and

the phenomenon of domestic violence; and creation of special units to

investigate and monitor spousal and partner abuse cases.

Technical Assistance and Training/Evaluation

The Office of Justice Programs intends to assist States, Indian

tribal governments, and units of local government in meeting the

Program goal of treating domestic violence as a serious violation of

criminal law. The Office of Justice Programs therefore hopes to set

aside a small portion of the funds provided through this Program to

provide specialized training and technical assistance to help grant

recipients develop and implement effective arrest policies in the

context of an integrated and coordinated criminal justice and community

response to domestic violence.

In addition, the National Institute of Justice will conduct

evaluations and studies of projects funded through this Program. Past

research on the effectiveness of arrest policies for domestic violence

has focused primarily on the police response and has not measured the

response of victim service agencies and other parts of the criminal

justice system, including pretrial services agencies, prosecution

units, the courts, probation and parole. Additional research is needed

to assess the effectiveness of arrest and other legal sanctions for

domestic violence in communities that have adopted a system-wide,

coordinated response to domestic violence. The Office of Justice

Programs hopes to set aside a small portion of the overall funds

authorized for the Program for this purpose. Recipients of funds for

this Program must agree to cooperate with such federally-sponsored

research and evaluation studies of their projects. In addition, grant

recipients are required to report to the Attorney General on the

effectiveness of their project(s). Omnibus Act Sec. 2103, 42 U.S.C.

[[Page 24260]]

Sec. 3796hh-2 (1994). Recipients therefore are strongly encouraged to

develop a local evaluation strategy to assess the impact and

effectiveness of their programs. Applicants should consider entering

into partnerships with research organizations that are submitting

simultaneous grant applications to the National Institute of Justice

for this purpose.

Request for Comments

The Office of Justice Programs seeks to fulfill Congressional

intent by soliciting, encouraging and incorporating comments on all

aspects of this program while ensuring that the statutory limitations

are applied appropriately to all recipients. Comments are welcome on a

broad range of issues, including but not limited to:

(1) Other priority areas that should be considered for funding in

addition to the statutory award priorities identified in Section 90.66

of Subpart D;

(2) The special needs of Indian tribal governments, underserved

populations and rural communities in implementing this Program;

(3) Effective strategies to ensure that local jurisdictions, States

and tribal governments will accord full faith and credit to all valid

protection orders pursuant to 18 U.S.C. Sec. 2265; and

(4) Methods and approaches for conducting research on the

effectiveness of arrest and other legal sanctions for domestic violence

in communities that have adopted a system-wide coordinated response to

the problem.

Administrative Requirements

This regulation has been drafted and reviewed in accordance with

Executive Order 12866, Sec. 1(b), Principles of Regulation. This rule

is not a ``significant regulatory action'' under Executive Order 12866,

Sec. 3(f), Regulatory Planning and Review, and, accordingly, this rule

has not been reviewed by the Office of Management and Budget.

The Assistant Attorney General for the Office of Justice Programs,

in accordance with the Regulatory Flexibility Act, codified at 5 U.S.C.

Sec. 605(b), has reviewed this regulation and, by approving it,

certifies that this regulation will not have a significant economic

impact on a substantial number of small entities.

List of Subjects in 28 CFR Part 90

Grant Programs, Judicial Administration.

For the reasons set out in the preamble, Title 28, Chapter 1, Part

90 of the Code of Federal Regulations is proposed to be amended as

follows:

PART 90--VIOLENCE AGAINST WOMEN

1. The authority citation for part 90 continues to read as follows:

Authority: 42 U.S.C. Sec. 3711 et seq (1994).

2. A new Subpart D, consisting of Secs. 90.60-90.67 is proposed to

be added to read as follows:

Subpart D--Arrest Policies in Domestic Violence Cases

Sec.

90.60 Scope

90.61 Definitions

90.62 Purposes

90.63 Eligibility

90.64 Application Content

90.65 Evaluation

90.66 Review of Applications

90.67 Grantee Reporting

Sec. 90.60 Scope.

This subpart sets forth the statutory framework of the Violence

Against Women Act's sections seeking to encourage States, Indian tribal

governments, and units of local government to treat domestic violence

as a serious violation of criminal law.

Sec. 90.61 Definitions.

For purposes of this subpart, the following definitions apply.

(a) Domestic violence includes felony or misdemeanor crimes of

violence committed by a current or former spouse of the victim, a

person with whom the victim shares a child in common, a person who is

cohabiting with or has cohabited with the victim as a spouse, a person

similarly situated to a spouse of the victim under the domestic or

family violence laws of the jurisdiction receiving grant monies, or any

other adult person against a victim who is protected from that person's

acts under the domestic or family violence laws of the eligible State,

Indian tribal government, or unit of local government that receives a

grant under this subchapter.

(b) Protection order includes any injunction issued for the purpose

of preventing violent or threatening acts of domestic violence,

including temporary and final orders issued by civil or criminal courts

(other than support or child custody orders or provisions) whether

obtained by filing an independent action or as a pendente lite order in

another proceeding.

Sec. 90.62 Purposes.

The purposes of this program are:

(a) To implement mandatory arrest or proarrest programs and

policies in police departments, including mandatory arrest programs and

policies for protection order violations;

(b) To develop policies and training programs in police departments

to improve tracking of cases involving domestic violence;

(c) To centralize and coordinate police enforcement, prosecution,

or judicial responsibility for domestic violence cases in groups or

units of police officers, prosecutors, or judges;

(d) To coordinate computer tracking systems to ensure communication

between police, prosecutors, and both criminal and family courts;

(e) To strengthen legal advocacy service programs for victims of

domestic violence; and

(f) To educate judges in criminal and other courts about domestic

violence and improve judicial handling of such cases.

Sec. 90.63 Eligibility.

(a) Eligible grantees are States, Indian tribal governments, or

units of local government that:

(1) Certify that their laws or official policies--

(i) Encourage or mandate the arrest of domestic violence offenders

based on probable cause that an offense has been committed; and

(ii) Encourage or mandate the 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; and

(4) Certify that their laws, policies, or practices do not require,

in connection with the prosecution of any misdemeanor or felony

domestic violence offense, that the abused bear the costs associated

with filing criminal charges or the service of such charges on an

abuser, or that the abused bear the costs associated with the issuance

or service of a warrant, protection order, or witness subpoena.

(b) If these laws, policies, or practices are not currently in

place, States, Indian tribal governments, and local units of government

must provide assurances that they will be in compliance with these

requirements by the date on which the next session of the State or

Indian

[[Page 24261]]

Tribal legislature ends, or September 13, 1996, whichever is later.

Omnibus Act Sec. 2102(a)(1), 42 U.S.C. 3796hh--1(a)(1).

(c) For the purposes of this Program, a jurisdiction need not have

pre-existing policies encouraging or mandating arrest to meet the

eligibility requirements listed in this section. However, a State,

Indian tribal government, or unit of local government must specify the

policy that it intends to enact by the statutory deadline in its

application for funding through this Program.

Sec. 90.64 Application content.

(a) Format. Applications from States, Indian tribal governments and

units of local government must be submitted on Standard Form 424,

Application for Federal Assistance, at a time designated by the Office

of Justice Programs. The Violence Against Women Grants Office of the

Office of Justice Programs will develop and disseminate to States,

Indian tribal governments, local governments and other interested

parties a complete Application Kit which will include a Standard Form

424, a list of assurances to which applicants must agree, and

additional guidance on how to prepare and submit an application for

grants under this Subpart. To receive a complete Application Kit,

please contact: The Violence Against Women Grants Office, Office of

Justice Programs, Room 444, 633 Indiana Avenue, N.W., Washington, D.C.

20531. Telephone: (202) 307-6026.

(b) Programs. Applications must set forth programs and projects

that meet the purposes and criteria of the Grants to Encourage Arrest

program set out in Sec. Sec. 90.62 and 90.63 of this part.

(c) Requirements. Applicants in their applications shall, at a

minimum:

(1) Describe plans to further the purposes stated in Sec. 90.62 of

this part;

(2) Identify the agency or office or groups of agencies or offices

responsible for carrying out the program; and

(3) Include documentation from nonprofit, private sexual assault

and domestic violence programs demonstrating their participation in

developing the application, and explain how these groups will be

involved in the development and implementation of the project.

(d) Certifications. (1) As required by Section 2101(c) of the

Omnibus Act, codified as amended at 42 U.S.C. 3796hh-1(a), each State,

Indian tribal government or unit of local government must certify in

its application that it has met the eligibility requirements set out in

Sec. 90.63 of this subpart.

(2) Each State, Indian tribal government or unit of local

government must certify that all the information contained in the

application is correct. All submissions will be treated as a material

representation of fact upon which reliance will be placed, and any

false or incomplete representation may result in suspension or

termination of funding, recovery of funds provided, and civil and/or

criminal sanctions.

Sec. 90.65 Evaluation.

The National Institute of Justice will conduct evaluations and

studies of programs funded through this Program. The Office of Justice

Programs hopes to set aside a small portion of the overall funds

authorized for the Program for this purpose. Recipients of funds must

agree to cooperate with such federally-sponsored research and

evaluation studies of their projects. In addition, grant recipients are

required to report to the Attorney General on the effectiveness of

their project(s). Omnibus Act Sec. 2103, 42 U.S.C. 3796hh-2. Recipients

of program funds are strongly encouraged to develop a local evaluation

strategy to assess the impact and effectiveness of their programs.

Applicants should consider entering into partnerships with research

organizations that are submitting simultaneous grant applications to

the National Institute of Justice for this purpose.

Sec. 90.66 Review of Applications.

(a) Review criteria. (1) The provisions of Part U of the Omnibus

Act and of the regulations in this subpart provide the basis for review

and approval or disapproval of applications and amendments in whole or

in part. Priority will be given to applicants that

(i) Do not currently provide for centralized handling of cases

involving domestic violence by police, prosecutors, and courts; and

(ii) Demonstrate a commitment to strong enforcement of laws, and

prosecution of cases, involving domestic violence. Omnibus Act

Sec. 2102(b)(1)-(2), 42 U.S.C. 3796hh-1(b)(1)-(2) (1994).

(2) Commitment may be demonstrated in a number of ways including:

clear communication from top departmental management that domestic

violence prevention is a priority; strict enforcement of arrest

policies; innovative approaches to officer supervision in domestic

violence matters; acknowledgment of officers who consistently enforce

domestic violence arrest policies and sanctions for those who do not;

education and training for all officers and supervisors on enforcement

of domestic violence arrest policies and the phenomenon of domestic

violence; and creation of special units to investigate and monitor

spousal and partner abuse cases.

(b) Intergovernmental review. This program is covered by Executive

Order 12372 (Intergovernmental Review of Federal Programs) and

implementing regulations at 28 CFR part 30. A copy of the application

submitted to the Office of Justice Programs should also be submitted at

the same time to the State's Single Point of Contact, if there is a

Single Point of Contact.

Sec. 90.67 Grantee reporting.

Each grantee receiving funds under this subpart shall submit a

report to the Attorney General evaluating the effectiveness of projects

developed with funds provided under this subpart and containing such

additional material as the Assistant Attorney General of the Office of

Justice Programs may prescribe.

Laurie Robinson,

Assistant Attorney General, Office of Justice Programs.

[FR Doc. 96-11852 Filed 5-13-96; 8:45 am]

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