[Congressional Record Volume 144, Number 46 (Thursday, April 23, 1998)]
[Senate]
[Pages S3537-S3540]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWine (for himself and Mr. Leahy):
  S. 1976. A bill to increase public awareness of the plight of victims 
of crime with developmental disabilities, to collect data to measure 
the magnitude of the problem, and to develop strategies to address the 
safety and justice needs of victims of crime with developmental 
disabilities; to the Committee on the Judiciary.


           the crime victims with disabilities awareness act

  Mr. DeWine. Mr. President, I am pleased today to join with Senator 
Leahy to introduce the Crime Victims With Disabilities Awareness Act. 
The purpose of this legislation is to achieve three basic goals: first, 
to increase public awareness of the plight of crime victims with 
developmental disabilities; second, to start collecting data to measure 
the extent and nature of the problem; and third, to develop strategies 
to address the safety and justice needs of these victims.

  Research in foreign countries has found that persons with 
developmental disabilities are at a 4 to 10 times higher risk of 
becoming crime victims than those without disabilities. Studies in 
Canada, Australia, and Great Britain consistently show that crime 
victims with developmental disabilities suffer repeated victimization, 
because so few of the crimes against them are reported. Unfortunately, 
even when crimes against victims with disabilities are reported, there 
is sometimes a reluctance by justice officials to rely on the testimony 
of a disabled person, further making these victims a target for 
criminal predators.
  What do we know about similar crimes in the United States? Amazingly, 
little if any. No significant studies have been conducted in the United 
States. In fact, the Bureau of Justice Statistics in their annual 
National Crime Victims Survey does not specifically collect data about 
crimes against persons with disabilities.
  Research needs to be done in the United States to (1) understand the 
nature and extent of crimes against persons with developmental 
disabilities; (2) assess how the law enforcement and justice systems 
currently respond to crimes against the developmentally disabled; and 
(3) identify programs, policies, or laws that hold promise for making 
our law enforcement and justice systems more responsive to crimes 
against persons with developmental disabilities.
  Our legislation today would accomplish these three research goals. 
Our legislation would direct the Attorney General to contract with the 
National Research Council through the National Academy of Sciences' 
Committee on Law and Justice to develop a research agenda to increase 
the understanding and control of crime against persons with 
developmental disabilities. The National Academy of Sciences would 
develop a research agenda that includes convening an interdisciplinary 
panel of nationally recognized experts on crime victims with 
disabilities and related fields, to define and address critical issues 
to understanding crimes against people with developmental disabilities. 
Their research would focus on preventive, educative, social, and legal 
strategies, and recommend methods for addressing the needs of 
underserved populations.

[[Page S3538]]

  An authoritative report resulting from this process should provide 
some important answers.
  In addition, the bill would direct the Attorney General to begin 
collecting data for the National Crime Victims Survey of crime victims 
with developmental disabilities. The Attorney General is asked to study 
and report to the States and to Congress on how the States may collect 
centralized databases on the incidences of crimes against the disabled.
  One reason why this issue is so important, and why this legisation is 
necessary is because there are more and more people with developmental 
disabilities. The factors behind this rising population include poor 
prenatal nutrition and care, increases in child abuse, and substance 
abuse during pregnancy.
  I am hopeful that the research called for in this legislation will 
have broad, positive national policy implications. Greater knowledge 
about victims with developmental disabilities will help service 
providers target programs more effectively. Victims and their families 
will have a better understanding of crime risks. Justice and social 
service policy makers will have a greater understanding of how, where, 
and when these crimes occur, the characteristics of victims, and how 
these crimes affect victims and their families. Law enforcement may 
gain information on how to improve investigative and prosecution 
strategies, and how to use victims' testimony in conjunction with other 
case evidence. Clearly, what we're trying to do with this legislation 
is to raise considerably the national profile of this issue among 
research agencies and the academic community, and to continue to define 
and develop solutions to this problem.
  I ask unanimous consent that the text of the bill be included in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
record, as follows:

       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 Awareness Act''.

     SEC. 2. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds that--
       (1) although research conducted abroad demonstrates that 
     individuals with developmental disabilities are at a 4 to 10 
     times higher risk of becoming crime victims than those 
     without disabilities, there have been no significant studies 
     on this subject conducted in the United States;
       (2) in fact, the National Crime Victim's Survey, conducted 
     annually by the Bureau of Justice Statistics of the 
     Department of Justice, does not specifically collect data 
     relating to crimes against individuals with developmental 
     disabilities;
       (3) studies in Canada, Australia, and Great Britain 
     consistently show that victims with developmental 
     disabilities suffer repeated victimization because so few of 
     the crimes against them are reported, and even when they are, 
     there is sometimes a reluctance by justice officials to rely 
     on the testimony of a disabled individual, making individuals 
     with developmental disabilities a target for criminal 
     predators; and
       (4) research in the United States needs to be done to--
       (A) understand the nature and extent of crimes against 
     individuals with developmental disabilities;
       (B) describe how the justice system responds to crimes 
     against the developmentally disabled; and
       (C) identify programs, policies, or laws that hold promises 
     for making the justice system more responsive to crimes 
     against individuals with developmental disabilities.
       (b) Purposes.--The purposes of this Act are--
       (1) to increase public awareness of the plight of victims 
     of crime who are individuals with developmental disabilities;
       (2) to collect data to measure the extent of the problem of 
     crimes against individuals with developmental disabilities; 
     and
       (3) to develop strategies to address the safety and justice 
     needs of victims of crime who are individuals with 
     developmental disabilities.

     SEC. 3. DEFINITION OF DEVELOPMENTAL DISABILITY.

       In this Act, the term ``developmental disability'' has the 
     meaning given the term in section 102 of the Developmental 
     Disabilities Assistance and Bill of Rights Act (42 U.S.C. 
     6001).

     SEC. 4. RESEARCH AGENDA.

       (a) Request for Contract.--Not later than 90 days after the 
     date of enactment of this Act, the Attorney General shall 
     submit a request to the National Research Council, that the 
     Committee on Law and Justice of the National Academy of 
     Sciences, acting through the National Research Council, enter 
     into a contract with the Attorney General to develop a 
     research agenda to increase public awareness of crimes 
     against individuals with developmental disabilities and to 
     reduce the incidence of crimes against those individuals.
       (b) Research Agenda.--The research agenda developed under 
     this section shall--
       (1) address such issues as--
       (A) the nature and extent of crimes against individuals 
     with developmental disabilities;
       (B) the risk factors associated with victimization of the 
     developmentally disabled;
       (C) strategies to reduce crimes against individuals with 
     developmental disabilities;
       (D) the manner in which the justice and social service 
     systems respond to crimes against the developmentally 
     disabled, and the means by which that response can be 
     improved;
       (E) the personal and social consequences of victimization;
       (F) the importance of place and context in understanding 
     crimes against the developmentally disabled; and
       (G) the means by which to achieve a better understanding of 
     the interaction between caregiver, victim, and other 
     circumstances in improving public safety; and
       (2) include an analysis of various methodologies for 
     addressing the issues described in paragraph (1), which may 
     include--
       (A) appropriate longitudinal designs to increase 
     understanding of its causes;
       (B) rigorous evaluation research designs to inform and 
     improve prevention, intervention, and control efforts;
       (C) a multidisciplinary approach to measuring the nature 
     and frequency of crimes against the developmentally disabled, 
     and the personal and social consequences of those crimes;
       (D) survey data and analysis efforts that better describe 
     the victimization experiences of the developmentally 
     disabled, the context in which victimization occurs, and the 
     social and institutional responses to these experiences; and
       (E) the development of a Federal research response and a 
     coordinated research strategy by Federal agencies.
       (c) Panel of Experts.--In developing the research agenda 
     under this section, the Committee on Law and Justice shall--
       (1) convene and consult with a panel, which shall be 
     composed of--
       (A) nationally recognized experts on victims of crime who 
     are individuals with disabilities, in the fields of--
       (i) law;
       (ii) services to individuals with disabilities;
       (iii) criminology;
       (iv) education;
       (v) direct services to victims of crime; and
       (vi) the social sciences; and
       (B) crime victims with disabilities who are members of 
     diverse ethnic, social, and religious communities; and
       (2) focus primarily on preventive, educative, social, and 
     legal strategies, including addressing the needs of 
     underserved populations.
       (d) Report.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Attorney General shall submit to 
     the Committees on the Judiciary of the Senate and the House 
     of Representatives a report describing the research agenda 
     developed under this section.
       (2) Report.--The Attorney General shall ensure that--
       (A) the report submitted under paragraph (1) is 
     disseminated widely in governmental, nonprofit, and academic 
     arenas, including by seminars, briefings, and the Internet; 
     and
       (B) shall make not less than 100 copies of the report 
     available upon request to nonprofit organizations free of 
     charge.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $375,000 for 
     each of fiscal years 1999 and 2000.

     SEC. 5. NATIONAL CRIME VICTIMS SURVEY.

       (a) Survey.--As part of each National Crime Victims Survey, 
     the Attorney General shall include statistics relating to the 
     nature and characteristics of victims of crime who are 
     individuals with developmental disabilities.
       (b) Consultation.--In carrying out subsection (a), the 
     Attorney General shall use a methodology developed in 
     consultation with experts in the collection of criminal 
     justice data, statistics, services to individuals with 
     disabilities, and victims of crime.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,000 for 
     fiscal year 1999.

     SEC. 6. STATE DATABASES.

       (a) In General.--The Attorney General shall conduct a study 
     and submit to Congress and to each State a report on the 
     means by which each State may establish and maintain a 
     centralized computer database on the incidence of crimes 
     against individuals with disabilities within the State.
       (b) Consultation.--In conducting the study under subsection 
     (a), the Attorney General shall consult with--
       (1) individuals who are experts in the collection of 
     criminal justice data;
       (2) State statistical administrators;
       (3) law enforcement personnel;
       (4) nonprofit nongovernmental agencies that provide direct 
     services to victims of crime who are individuals with 
     disabilities; and
       (5) such other individuals and entities as the Attorney 
     General considers to be appropriate.

[[Page S3539]]

       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Attorney General shall submit to 
     the Committees on the Judiciary of the Senate and the House 
     of Representatives, a report describing the results of the 
     study under subsection (a), which report shall include the 
     views of the individuals and agencies consulted under 
     subsection (b).

  Mr. LEAHY. Mr. President, I am proud to join Senator DeWine in 
introducing the Crime Victims With Disabilities Awareness Act. This 
legislation will address and strengthen our services for disabled 
victims of crime throughout our country.
  It is important that we focus attention on the needs and rights of 
crime victims not only during this week, National Crime Victims Rights 
Week, but throughout the year. For the past several years, I have 
worked hard with others to make improvements in the law and provide 
greater assistance to victims of crime.
  My involvement with crime victims rights began more than three 
decades ago when I served as State's Attorney for Chittenden County, 
Vermont, and witnessed first-hand the devastation of crime. I have 
worked ever since to ensure that the criminal justice system is one 
that respects the rights and dignity of victims of crime and domestic 
violence, rather than presents additional ordeals for those already 
victimized.
  The needs of victims of crime are many and must be addressed in a 
number of ways, including strengthening law enforcement and education, 
improving and increasing services for victims, and protecting the 
rights of victims. Today I am proud to again have the support of the 
Vermont Center for Crime Victim Services in focusing attention on the 
needs of crime victims with disabilities with the Crime Victims With 
Disabilities Awareness Act.
  Research conducted abroad has shown that individuals with 
disabilities have a four to 10 times higher risk of becoming a victim 
than do individuals without disabilities. Despite these findings, there 
have been no significant studies on this subject conducted in the 
United States. The Crime Victims With Disabilities Awareness Act we are 
introducing today will rectify this omission.
  The Crime Victims With Disabilities Awareness Act proposes to have 
the Committee on Law and Justice of the National Academy of Sciences 
conduct research so as to increase public awareness of victims of crime 
with disabilities, to understand the nature and extent of such crimes, 
and to develop strategies to address the safety and needs of victims of 
crime with disabilities. This Act directs the Attorney General to 
utilize statistics gathered from this study for inclusion in the 
National Crime Victims Survey. The Crime Victims With Disabilities 
Awareness Act also directs the Attorney General to submit a report 
detailing the means by which each State can establish and maintain a 
database on the incidence of crimes against individuals with 
disabilities.
  Over the last 20 years we have made strides in recognizing crime 
victims' rights and providing much needed assistance. I am proud to 
have played a role in passage of the Victims and Witness Protection Act 
of 1982, the Victims of Crime Act of 1984, and the Victims' Rights and 
Restitution Act of 1990 and the other improvements we have been able to 
make.
  In the Violent Crime Control Act of 1994, Congress acted to ensure a 
right of allocation for victims of crimes of violence or sexual abuse 
and to make tens of millions of dollars available to crime victims. No 
amount of money can make up for the harm and trauma of being the victim 
of a crime, but we should do all that we can to see that victims are 
assisted, compensated and treated with dignity by the criminal justice 
system.
  I was the author of the Victims of Terrorism Act that was passed by 
the Senate in the wake of the Oklahoma City bombing and became the 
basis for the Justice for Victims of Terrorism Act signed into law in 
April 1996. We were able to make funds available through supplemental 
grants to the States to assist and compensate victims of terrorism and 
mass violence, which incidents might otherwise have overwhelmed the 
resources of Oklahoma's crime victims compensation program or its 
victims assistance services. We also filled a gap in our law for 
residents of the United States who are victims of terrorism and mass 
violence that occur outside the borders of the United States. In 
addition, we allowed greater flexibility to our State and local 
victims' assistance programs and some greater certainty so that they 
can know that our commitment to victims programming will not wax and 
wane with events. And we were able to raise the assessments on those 
convicted of federal crimes in order to fund the needs of crime 
victims.
  Last year, I cosponsored the Victim Rights Clarification Act of 1997. 
That legislation reversed a presumption against crime victims observing 
the fact phase of a trial if they were likely to provide testimony 
during the sentencing phase of that trial. As a result of that 
legislation, not only were victims of the Oklahoma City bombing able to 
observe the trial of Timothy McVeigh, all those who were able to 
witness the trial and were called as witnesses to provide victim impact 
testimony at the sentencing phase of that trial were able to do so.
  The Crime Victims Assistance Act, legislation that I introduced this 
past July with Senator Kennedy, builds upon the progress made over the 
last several years. It provides for a wholesale reform of the Federal 
Rules and Federal law to establish additional rights and protections 
for victims of federal crime. This bill would provide crime victims 
with an enhanced right to be heard on the issue of pretrial detention 
and plea bargains, an enhanced right to a speedy trial and to be 
present in the courtroom throughout a trial, an enhanced right to be 
heard on probation revocation and to give a statement at sentencing, 
and the right to be notified of a defendant's escape or release from 
prison. The Crime Victims Assistance Act would also strengthen victims' 
services by increasing Federal victim assistance personnel, enhancing 
training for State and local law enforcement and Officers of the Court, 
and establishing and ombudsman program for crime victims.

  With a simple majority of both Houses of Congress, the Crime Victims 
Assistance Act could be enacted this year and we could mark a 
significant and immediate difference in the lives of victims throughout 
our country. I hope that the Senate will turn to this important measure 
without further delay. Unfortunately, one consequence of the effort to 
focus attention on proposals to amend the Constitution has been to 
dissipate efforts to enact effective victims rights legislation over 
the past two years. The momentum we had built over the last several 
years has been dissipated by this focus to the exclusion of statutory 
reform.
  While we have made great improvements in our law enforcement and 
crime victims assistance programs and have made advances in recognizing 
crime victims' rights, we still have work to do. This week is National 
Crime Victims' Rights Week. Crime victims advocates across Vermont and 
the nation are commemorating this week with ceremonies, awards and 
proclamations. I am honored to have received recognition from the 
Vermont Center for Crime Victims Services and the Vermont Network for 
Domestic Violence and Sexual Assault during National Crime Victims 
Rights Week in 1996 and a Congressional Leadership Award from the 
National Organization for Victim Assistance. Each year at this time our 
hearts go out to the families and victims of crime. Each year I try to 
help focus attention on those who work so hard every week of the year 
on behalf of all crime victims in crime victims' assistance and 
compensation programs.
  There are many individuals in Vermont who I would like to thank for 
their expertise and advice in addressing victims' rights and services, 
including Lori Hayes, Executive Director of the Vermont Center for 
Crime Victim Services, and Marty Levin, Coordinator of the Vermont 
Network Against Domestic Violence and Sexual Assault. Their hard work 
and dedication have made a real difference in the lives of people who 
suffer from violence and abuse.
  In May 1997, the Department of Justice Office for Victims of Crime 
concluded that ``Vermont's programs are setting the standard for 
outreach to undeserved populations and service coordination among 
providers and allied professionals.'' Vermont's leadership

[[Page S3540]]

was also recently recognized with its selection for participation in 
the Department of Justice Rural Victim Services 2000 project. The 
Vermont Center for Crime Victim Services will administer this grant to 
conduct the first systematic survey of what rural crime victims need. 
The more informed we become of the needs of victims, the more we can 
adapt services to make them more effective and efficient.
  I commend all those in Vermont and across the country who are 
committed to assisting crime victims.
                                 ______