Grants to Encourage Arrest Policies and Enforcement of Protection Orders (16.590)
Program
16.590 Grants to Encourage Arrest Policies and Enforcement of Protection Orders
Federal Agency
OFFICE OF JUSTICE PROGRAMS, DEPARTMENT OF JUSTICE
Authorization
Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 3796hh, as amended; Violence Against Women Act of 2000, Public Law 106-386.
Program Number
16.590
Last Known Status
Active
Objectives
To implement mandatory arrest or proarrest programs and policies in police departments, including mandatory arrest programs and policies for protection order violations, as part of a coordinated community response to domestic violence; to develop policies, educational programs, and training programs in police departments to improve tracking of cases involving domestic violence and dating violence; to centralize and coordinate police enforcement, prosecution, probation, parole and/or judicial responsibility for domestic violence cases in groups or units of police officers, prosecutors, probation and parole officers, or judges; to coordinate computer tracking systems to ensure communication between police, prosecutors, parole and probation officers and both criminal and family courts; to strengthen legal advocacy service programs for victims of domestic violence and dating violence, including strengthening assistance to such victims in immigration matters; and to educate judges in criminal and other courts about domestic violence and to improve judicial handling of such cases; to provide technical assistance and computer and other equipment to police departments, prosecutors, courts, and tribal jurisdictions to facilitate the widespread enforcement of protection orders, including interstate enforcement, enforcement between States and tribal jurisdictions, and enforcement between tribal jurisdictions; and to develop or strengthen policies and training for police, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence and sexual assault against older individuals and individuals with disabilities.
Types of Assistance
Project Grants.
Uses and Use Restrictions
Grants are available to States, State and local courts, Indian tribal governments, and units of local governments to encourage them to treat domestic violence as a serious violation of criminal law.
Eligibility Requirements
Applicant Eligibility
Eligible grantees are States, Indian tribal governments, State or local courts, or units of local governments that (1) certify that their laws or official policies encourage or mandate arrests of domestic violence offenders based on probable cause that an offense has been committed, and encourage or mandate arrest of domestic violence offenders who violate the terms of a valid and outstanding protection order; (2) demonstrate that their laws, policies, or practices and their training programs discourage dual arrest of the offender and the 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, or in connection with the filing, issuance, registration, or service of a protection order, or a petition for a protection order, to protect a victim of domestic violence, stalking, or sexual assault, that the victim bear the costs associated with the filing of criminal charges against the offender, or the costs associated with the filing, issuance, registration, or service of a warrant, protection order, petition for a protection order, or witness subpoena, whether issued inside or outside the State, tribal or local jurisdiction.
Beneficiary Eligibility
Beneficiaries include criminal and tribal justice practitioners, domestic violence victim advocates, and other service providers who respond to victims of domestic violence.
Credentials/Documentation
Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments, and OMB Circular No. A-110 for Institutions of Higher Education, Hospitals and Other Nonprofit Organizations.
Application and Award Process
Preapplication Coordination
This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or office designated as the single point of contact in his or her state for more information on the processes the State requires to be followed in applying for assistance, if the State has selected the program for review. Application forms furnished by the Federal agency, in accordance with 28 CFR, Part 66 (Common Rule), must be used for this program.
Application Procedure
Applicants must submit a proposal to the Office of Justice Programs on Standard Form 424 (Federal Assistance Applications). All applicants are required to apply via the OJP online Grants Management System. Instructions for using the automated system are contained in the annual Application Kit, and on the OJP web site. The receipt, review, and analysis of applications will follow Office of Justice programs policies and procedures for the administration of grant applications. This program is subject to the provisions of OMB Circular No. A-110.
Award Procedure
Upon approval by the Office of Justice Programs, a letter is sent to the applicant agency with copies of the Grant Award. One copy of the Grant Award must be signed by an authorized official and returned to the Office of Justice Programs.
Deadlines
Contact the Violence Against Women Office in the Office of Justice Programs for application deadlines.
Range of Approval/Disapproval Time
Appeals
Hearing held by the Assistant Attorney General, Office of Justice Programs.
Renewals
Renewals are considered on a case-by-case basis.
Assistance Considerations
Formula and Matching Requirements
Grants will be made for amounts up to 100 percent of the costs of the programs or projects contained in the approved applications. Match is not required for this grant program; however, applicants are encouraged to maximize the impact of Federal dollars by contributing to the cost of the project. Supplemental contributions may be cash, in-kind services, or a combination of both.
Length and Time Phasing of Assistance
Up to 24 months. Funds are released on an as-needed basis to the grantee.
Post Assistance Requirements
Reports
Semi-annual progress and quarterly financial reports are required, as stipulated in the program regulations and the effective edition of the OJP Financial Guide. Upon completion of the grant period, grantees shall file a performance report explaining the activities carried out and including an assessment of the effectiveness of those activities in achieving the purposes of the program, including number of persons served and numbers of persons seeking services who could not be served.
Audits
In accordance with the provisions of OMB Circular No. A- 133 (Revised, June 24, 1997), "Audits of States, Local Governments, and Non-Profit Organization," nonfederal entities that expend financial assistance of $300,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $300,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133.
Records
The award recipient must keep complete records on disposition of funds.
Program Accomplishments
In fiscal year 2001, approximately 90 grants totaling approximately $26,600,000 were awarded.
Financial Information
Account Identification
15-0404-0-1-754.
Obligations
(Grants) FY 02 $33,755,055; FY 03 est $65,691,384; and FY 04 est $64,925,000.
Range and Average of Financial Assistance
Varies, $80,000 to $1.6 million.
Regulations, Guidelines and Literature
The OJP Financial Guide is applicable.
Related Programs
16.588, Violence Against Women Formula Grants; 16.587, Violence Against Women Discretionary Grants for Indian Tribal Governments; 16.589, Rural Domestic Violence and Child Victimization Enforcement Grant Program.
Information Contacts
Regional or Local Office
None.
Headquarters Office
Violence Against Women Office, Office of Justice Programs, Department of Justice, 810 Seventh Street, NW., Washington, DC 20531. Telephone: (202) 307-6026.
Web Site Address
Examples of Funded Projects
Community-wide approaches to reduce and prevent domestic violence that actively involve the police department, the prosecutor's office, the courts, and nonprofit, nongovernmental victim services agencies; initiatives within law enforcement to address police officers who batter; the development of computer systems to track domestic violence cases, protection orders, and violations of protection orders; legal advocacy for domestic violence victims; the implementation of pro-arrest or mandatory arrest programs and policies in police departments; and proactive judicial monitoring, sanctions, and intensive supervision to manage offender behavior and ensure victim safety.
Criteria for Selecting Proposals
Criteria are established by the Office of Justice Programs and included in an annual Application Kit.
