Arrest Program statute

42 U.S. Code § 3796hh - Grants | LII / Legal Information Institute

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U.S. Code

› Title 42 › Chapter 46 › Subchapter XII-I › §
3796hh

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Current through Pub. L. 113-296, except 113-287, 113-291,
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(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.

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(b)
Grant authority

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The Attorney General may make grants to eligible grantees for the
following purposes:

(1)
To implement proarrest programs and policies in police
departments, including policies for protection order violations and
enforcement of protection orders across State and tribal lines.

U.S. Code › Title 42 › Chapter 46
› Subchapter XII-I › § 3796hh

(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 service programs and other

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42 U.S. Code § 3796hh - Grants | LII / Legal Information Institute

victim services for victims of domestic violence, dating violence,
sexual assault, and stalking, including strengthening assistance to
such victims in immigration matters.

U.S. Code › Title 42 › Chapter 46
› Subchapter XII-I › § 3796hh

(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

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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,

John Yanonne
Personal Injury, Medical
Malpractice, Products Liability
Rockville, MD

sexual assault, and stalking 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 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

https://www.law.cornell.edu/uscode/text/42/3796hh[4/27/2015 2:20:01 PM]

Mariah D. Stover
Criminal Law, Divorce, DUI &
DWI, Family Law,
Immigration Law, Personal
Injury
Gaithersburg, MD

Mr. Edward Gonzalez
Bankruptcy, Business Law,
Foreclosure Defense, Tax Law
Washington, DC

Andrew D. Alpert
DUI & DWI, Criminal Law,
Personal Injury, Insurance
Claims, Nursing Home Abuse
& Neglect
Bethesda, MD

42 U.S. Code § 3796hh - Grants | LII / Legal Information Institute

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,

Michael S. Morgenstern

sexual assault, and stalking.

Personal Injury, Insurance

(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,

Claims
Rockville, MD

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.

(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.

(c)
Eligibility

https://www.law.cornell.edu/uscode/text/42/3796hh[4/27/2015 2:20:01 PM]

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42 U.S. Code § 3796hh - Grants | LII / Legal Information Institute

Eligible 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 or mandate arrests of domestic violence offenders
based on probable cause that an offense has been committed;
and

(ii)
encourage or mandate arrest of domestic violence 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; 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

https://www.law.cornell.edu/uscode/text/42/3796hh[4/27/2015 2:20:01 PM]

42 U.S. Code § 3796hh - Grants | LII / Legal Information Institute

that the State, Indian tribal government, or unit of local
government meets the requirements under paragraph (1).

(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 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 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).

(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 3796gg 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,

https://www.law.cornell.edu/uscode/text/42/3796hh[4/27/2015 2:20:01 PM]

42 U.S. Code § 3796hh - Grants | LII / Legal Information Institute

alcohol or drug-facilitated rape, and rape within the context of an
intimate partner relationship.

[1]
 So in original. Probably should be followed by a comma.

[2]
 So in original. The comma probably should not appear.

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