[Federal Register Volume 61, Number 94 (Tuesday, May 14, 1996)]
[Proposed Rules]
[Pages 24256-24261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11852]
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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]
BILLING CODE 4410-18-P
