[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3956 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3956

   To create a grant program for collaboration programs that ensure 
coordination among criminal justice agencies, adult protective services 
      agencies, victim assistance programs, and other agencies or 
 organizations providing services to individuals with disabilities in 
the investigation and response to abuse of or crimes committed against 
                           such individuals.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 27, 2006

  Mr. DeWine introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To create a grant program for collaboration programs that ensure 
coordination among criminal justice agencies, adult protective services 
      agencies, victim assistance programs, and other agencies or 
 organizations providing services to individuals with disabilities in 
the investigation and response to abuse of or crimes committed against 
                           such individuals.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crime Victims with Disabilities Act 
of 2006''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Adults with disabilities experience violence or abuse 
        at least twice as often as people without disabilities.
            (2) Women with disabilities are more likely to be 
        victimized, to experience more severe and prolonged violence, 
        and to suffer more serious and chronic effects from that 
        violence, than women without such disabilities.
            (3) An estimated 5,000,000 crimes are committed against 
        individuals with developmental disabilities annually.
            (4) Over 70 percent of crimes committed against individuals 
        with developmental disabilities are not reported.

SEC. 3. PURPOSE.

    (a) In General.--The purpose of this Act is to increase the 
awareness, investigation, prosecution, and prevention of crimes against 
individuals with a disability, including developmental disabilities, 
and improve services to those who are victimized, by facilitating 
collaboration among the criminal justice system and a range of agencies 
and other organizations that provide services to individuals with 
disabilities.
    (b) Need for Collaboration.--Collaboration among the criminal 
justice system and agencies and other organizations that provide 
services to individuals with disabilities is needed to--
            (1) protect individuals with disabilities by ensuring that 
        crimes are reported, and that reported crimes are actively 
        investigated by both law enforcement agencies and agencies and 
        other organizations that provide services to individuals with 
        disabilities;
            (2) provide prosecutors with adequate training to ensure 
        that crimes against individuals with disabilities are 
        appropriately and effectively addressed in court; and
            (3) promote communication among criminal justice agencies, 
        and agencies and other organizations that provide services to 
        individuals with disabilities, including Victim Assistance 
        Organizations, to ensure that the needs of crime victims with 
        disabilities are met.

SEC. 4. DEPARTMENT OF JUSTICE CRIME VICTIMS WITH DISABILITIES 
              COLLABORATION PROGRAM.

    The Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3711 et seq.) is amended by adding at the end the following:

    ``PART JJ--GRANTS TO RESPOND TO CRIMES AGAINST INDIVIDUALS WITH 
                              DISABILITIES

``SEC. 3001. CRIME VICTIMS WITH DISABILITIES COLLABORATION PROGRAM 
              GRANTS.

    ``(a) Definitions.--In this section:
            ``(1) Applicant.--The term `applicant' means a State, unit 
        of local government, Indian tribe, or tribal organization that 
        applies for a grant under this section.
            ``(2) Collaboration program.--The term `collaboration 
        program' means a program to ensure coordination between or 
        among a criminal justice agency, an adult protective services 
        agency, a victim assistance organization, and an agency or 
        other organization that provides services to individuals with 
        disabilities, including but not limited to individuals with 
        developmental disabilities, to address crimes committed against 
        individuals with disabilities and to provide services to 
        individuals with disabilities who are victims of crimes.
            ``(3) Criminal justice agency.--The term `criminal justice 
        agency' means an agency of a State, unit of local government, 
        Indian tribe, or tribal organization that is responsible for 
        detection, investigation, arrest, enforcement, adjudication, or 
        incarceration relating to the violation of the criminal laws of 
        that State, unit of local government, Indian tribe, or tribal 
        organization, or an agency contracted to provide such services.
            ``(4) Adult protective services agency.--The term `adult 
        protective services agency' means an agency that provides adult 
        protective services to adults with disabilities, including--
                    ``(A) receiving reports of abuse, neglect, or 
                exploitation;
                    ``(B) investigating the reports described in 
                subparagraph (A);
                    ``(C) case planning, monitoring, evaluation, and 
                other casework and services; and
                    ``(D) providing, arranging for, or facilitating the 
                provision of medical, social service, economic, legal, 
                housing, law enforcement, or other protective, 
                emergency, or support services for adults with 
                disabilities.
            ``(5) Day program.--The term `day program' means a 
        government or privately funded program that provides care, 
        supervision, social opportunities, or jobs to individuals with 
        disabilities.
            ``(6) Implementation grant.--The term `implementation 
        grant' means a grant under subsection (e).
            ``(7) Individuals with disabilities.--The term `individuals 
        with disabilities' means individuals--
                    ``(A) 18 years of age or older; and
                    ``(B) whose ability to provide for their own 
                health, safety, or welfare is compromised because of--
                            ``(i) a developmental, cognitive, physical, 
                        or other disability; or
                            ``(ii) a lack of sufficient understanding 
                        or capacity to make or communicate responsible 
                        decisions concerning their person or affairs.
            ``(8) Planning grant.--The term `planning grant' means a 
        grant under subsection (f).
            ``(9) Secretary.--The term `Secretary' means the Secretary 
        of Health and Human Services.
            ``(10) Unit of local government.--The term `unit of local 
        government' means any city, county, township, town, borough, 
        parish, village, or other general purpose political subdivision 
        of a State.
    ``(b) Authorization.--In consultation with the Secretary, the 
Attorney General may make grants to applicants to prepare a 
comprehensive plan for or to implement a collaboration program that 
provides for--
            ``(1) the investigation and remediation of instances of 
        abuse of or crimes committed against individuals with 
        disabilities; or
            ``(2) the provision of services to individuals with 
        disabilities who are the victims of a crime or abuse.
    ``(c) Use of Funds.--A grant under this section shall be used for a 
collaborative program that--
            ``(1) receives reports of abuse of individuals with 
        disabilities or crimes committed against such individuals;
            ``(2) investigates and evaluates reports of abuse of or 
        crimes committed against individuals with disabilities;
            ``(3) visits the homes or other locations of abuse, and, if 
        applicable, the day programs of individuals with disabilities 
        who have been victims of abuse or a crime for purposes of, 
        among other things, assessing the scene of the abuse and 
        evaluating the condition and needs of the victim;
            ``(4) identifies the individuals responsible for the abuse 
        of or crimes committed against individuals with disabilities;
            ``(5) remedies issues identified during an investigation 
        described in paragraph (2);
            ``(6) prosecutes the perpetrator, where appropriate, of any 
        crime identified during an investigation described in paragraph 
        (2); and
            ``(7) provides services to and enforces statutory rights of 
        individuals with disabilities who are the victims of a crime.
    ``(d) Applications.--
            ``(1) In general.--To receive a planning grant or an 
        implementation grant, an applicant shall submit an application 
        to the Attorney General at such time, in such manner, and 
        containing such information as the Attorney General, in 
        consultation with the Secretary, may reasonably require, in 
        addition to the information required by subsection (e)(1) or 
        (f)(1), respectively.
            ``(2) Combined planning and implementation grant 
        application.--
                    ``(A) In general.--The Attorney General, in 
                consultation with the Secretary, shall develop a 
                procedure allowing an applicant to submit a single 
                application requesting both a planning grant and an 
                implementation grant.
                    ``(B) Conditional grant.--The award of an 
                implementation grant to an applicant submitting an 
                application under subparagraph (A) shall be conditioned 
                on successful completion of the activities funded under 
                the planning grant, if applicable.
    ``(e) Planning Grants.--
            ``(1) Applications.--An application for a planning grant 
        shall include, at a minimum--
                    ``(A) a budget;
                    ``(B) a budget justification;
                    ``(C) a description of the outcome measures that 
                will be used to measure the effectiveness of the 
                program;
                    ``(D) a schedule for completing the activities 
                proposed in the application; and
                    ``(E) a description of the personnel necessary to 
                complete activities proposed in the application.
            ``(2) Period of grant.--A planning grant shall be made for 
        a period of 1 year, beginning on the first day of the month in 
        which the planning grant is made.
            ``(3) Amount.--The amount of planning grant shall not 
        exceed $50,000, except that the Attorney General may, for good 
        cause, approve a grant in a higher amount.
            ``(4) Limit on number.--The Attorney General, in 
        consultation with the Secretary, shall not make more than 1 
        such planning grant to any State, unit of local government, 
        Indian tribe, or tribal organization.
    ``(f) Implementation Grants.--
            ``(1) Implementation grant applications.--An application 
        for an implementation grant shall include the following:
                    ``(A) Collaboration.--An application for an 
                implementation grant shall--
                            ``(i) identify not fewer than 1 criminal 
                        justice enforcement agency or adult protective 
                        services organization and not fewer than 1 
                        agency, crime victim assistance program, or 
                        other organization that provides services to 
                        individuals with disabilities that will 
                        participate in the collaborative program; and
                            ``(ii) describe the responsibilities of 
                        each participating agency or organization, 
                        including how each agency or organization will 
                        use grant funds to facilitate improved 
                        responses to reports of abuse and crimes 
                        committed against individuals with 
                        disabilities.
                    ``(B) Guidelines.--An application for an 
                implementation grant shall describe the guidelines that 
                will be developed for personnel of a criminal justice 
                agency, adult protective services organization, crime 
                victim assistance program, and agencies or other 
                organizations responsible for services provided to 
                individuals with disabilities to carry out the goals of 
                the collaborative program.
                    ``(C) Financial.--An application for an 
                implementation grant shall--
                            ``(i) explain why the applicant is unable 
                        to fund the collaboration program adequately 
                        without Federal funds;
                            ``(ii) specify how the Federal funds 
                        provided will be used to supplement, and not 
                        supplant, the funding that would otherwise be 
                        available from the State, unit of local 
                        government, Indian tribe, or tribal 
                        organization; and
                            ``(iii) outline plans for obtaining 
                        necessary support and continuing the proposed 
                        collaboration program following the conclusion 
                        of the grant under this section.
                    ``(D) Outcomes.--An application for an 
                implementation grant shall--
                            ``(i) identify the methodology and outcome 
                        measures, as required by the Attorney General, 
                        in consultation with the Secretary, for 
                        evaluating the effectiveness of the 
                        collaboration program, which may include--
                                    ``(I) the number and type of 
                                agencies participating in the 
                                collaboration;
                                    ``(II) any trends in the number and 
                                type of cases referred for 
                                multidisciplinary case review;
                                    ``(III) any trends in the 
                                timeliness of law enforcement review of 
                                reported cases of violence against 
                                individuals with a disability; and
                                    ``(IV) the number of persons 
                                receiving training by type of agency;
                            ``(ii) describe the mechanisms of any 
                        existing system to capture data necessary to 
                        evaluate the effectiveness of the collaboration 
                        program, consistent with the methodology and 
                        outcome measures described in clause (i) and 
                        including, where possible, data regarding--
                                    ``(I) the number of cases referred 
                                by the adult protective services 
                                agency, or other relevant agency, to 
                                law enforcement for review;
                                    ``(II) the number of charges filed 
                                and percentage of cases with charges 
                                filed as a result of such referrals; 
                                and
                                    ``(III) the period of time between 
                                reports of violence against individuals 
                                with disabilities and law enforcement 
                                review; and
                            ``(iii) include an agreement from any 
                        participating or affected agency or 
                        organization to provide the data described in 
                        clause (ii).
                    ``(E) Form of data.--The Attorney General, in 
                consultation with the Secretary, shall promulgate and 
                supply a common electronic reporting form or other 
                standardized mechanism for reporting of data required 
                under this section.
                    ``(F) Collaboration set aside.--Not less than 5 
                percent and not more than 10 percent of the funds 
                provided under an implementation grant shall be set 
                aside to procure technical assistance from any 
                recognized State model program or from a recognized 
                national organization, as determined by the Attorney 
                General (in consultation with the Secretary), including 
                the National District Attorneys Association and the 
                National Adult Protective Services Association.
                    ``(G) Other programs.--An applicant for an 
                implementation grant shall describe the relationship of 
                the collaboration program to any other program of a 
                criminal justice agency or other agencies or 
                organizations providing services to individuals with 
                disabilities of the State, unit of local government, 
                Indian tribe, or tribal organization applying for an 
                implementation grant.
            ``(2) Period of grant.--
                    ``(A) In general.--An implementation grant shall be 
                made for a period of 2 years, beginning on the first 
                day of the month in which the implementation grant is 
                made.
                    ``(B) Renewal.--An implementation grant may be 
                renewed for 1 additional period of 2 years, if the 
                applicant submits to the Attorney General and the 
                Secretary a detailed explanation of why additional 
                funds are necessary.
            ``(3) Amount.--An implementation grant shall not exceed 
        $300,000.
    ``(g) Evaluation of Program Efficacy.--
            ``(1) Establishment.--The Attorney General, in consultation 
        with the Secretary, shall establish a national center to 
        evaluate the overall effectiveness of the collaboration 
        programs funded under this section.
            ``(2) Responsibilities.--The national center established 
        under paragraph (1) shall--
                    ``(A) analyze information and data supplied by 
                grantees under this section; and
                    ``(B) submit an annual report to the Attorney 
                General and the Secretary that evaluates the number and 
                rate of change of reporting, investigation, and 
                prosecution of charges of a crime or abuse against 
                individuals with disabilities.
            ``(3) Authorization.--The Attorney General may use not more 
        than $500,000 of amounts made available under subsection (h) to 
        carry out this subsection.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice to carry out this section--
            ``(1) $10,000,000 for fiscal year 2007; and
            ``(2) such sums as are necessary for each of fiscal years 
        2008 through 2013.''.
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