Arrest Prorgam Statute

42 U.S.C.A. § 3796hh
Grants to Encourage Arrest Policies and Enforcement of Protection Orders
(a) Purpose
The purpose of this subchapter is to encourage States, Indian tribal governments, State
and local courts (including juvenile courts), tribal courts, and units of local government to
treat domestic violence, dating violence, sexual assault, and stalking as serious violations
of criminal law.
(b) Grant authority
The Attorney General may make grants to eligible States, Indian tribal governments,
State, tribal, territorial, and local courts (including juvenile courts), or units of local
government for the following purposes:
(1) To implement pro-arrest 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 co-location 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.
(c) Eligibility
Eligible grantees are States, Indian tribal governments, State and local courts (including
juvenile courts), or units of local government that-(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.
(d) Speedy notice to victims
A State or unit of local government shall not be entitled to 5 percent of the funds
allocated under this part 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 it 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 3796gg-10 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).

42 U.S.C.A. § 3796hh-1
Applications
(a) Application

An eligible grantee shall submit an application to the Attorney General that—

(1) contains a certification by the chief executive officer of the State, Indian tribal
government, or local government entity that the conditions of section 3796hh(c) of this
title are met or will be met within the later of—
(A) the period ending on the date on which the next session of the State or Indian
tribal legislature ends; or
(B) 2 years of September 13, 1994 or, in the case of the condition set forth in

subsection [FN1] 3796hh(c)(4) of this title, the expiration of the 2-year period

beginning on October 28, 2000;

(2) describes plans to further the purposes stated in section 3796hh(a) of this title;

(3) identifies the agency or office or groups of agencies or offices responsible for

carrying out the program; and

(4) includes documentation from nonprofit, private sexual assault and domestic
violence programs demonstrating their participation in developing the application, and
identifying such programs in which such groups will be consulted for development and
implementation.
(b) Priority
In awarding grants under this subchapter, the Attorney General shall give priority to
applicants that—
(1) do not currently provide for centralized handling of cases involving domestic
violence, dating violence, sexual assault, or stalking by police, prosecutors, and courts;
(2) demonstrate a commitment to strong enforcement of laws, and prosecution of cases,
involving domestic violence, dating violence, sexual assault, or stalking, including the
enforcement of protection orders from other States and jurisdictions (including tribal
jurisdictions);
(3) have established cooperative agreements or can demonstrate effective ongoing
collaborative arrangements with neighboring jurisdictions to facilitate the enforcement
of protection orders from other States and jurisdictions (including tribal jurisdictions);
and
(4) in applications describing plans to further the purposes stated in paragraph (4) or (7)
of section 3796hh(b) of this title, will give priority to using the grant to develop and
install data collection and communication systems, including computerized systems,
and training on how to use these systems effectively to link police, prosecutors, courts,
and tribal jurisdictions for the purpose of identifying and tracking protection orders and
violations of protection orders, in those jurisdictions where such systems do not exist or
are not fully effective.
(c) Dissemination of information
The Attorney General shall annually compile and broadly disseminate (including through
electronic publication) information about successful data collection and communication
systems that meet the purposes described in this section. Such dissemination shall target
States, State and local courts, Indian tribal governments, and units of local government.

42 U.S.C.A. § 3796hh-2
Reports

Each grantee receiving funds under this subchapter shall submit a report to the Attorney
General evaluating the effectiveness of projects developed with funds provided under this
subchapter and containing such additional information as the Attorney General may
prescribe.

42 U.S.C.A. § 3796hh-3
Regulations or guidelines
Not later than 120 days after September 13, 1994, the Attorney General shall publish
proposed regulations or guidelines implementing this subchapter. Not later than 180 days
after September 13, 1994, the Attorney General shall publish final regulations or
guidelines implementing this subchapter.

42 U.S.C.A. § 3796hh-4
Definitions and grant conditions
In this subchapter the definitions and grant conditions in section 13925 of this title shall
apply.