Sec. 202. Court-based pilot program for domestic child trafficking survivors
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/bill/113/s/2564/is/section-202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title I of 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: The Attorney General may award grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or private entities, for court-based programs that involve— continuing judicial supervision over offenders who— are younger than 18 years of age; have been trafficked; and are not violent offenders; and the integrated administration of other sanctions and services, which shall include— housing placement and the pursuit of a high school education or its equivalent during any period of supervised release or probation for each participant; therapies that address issues faced by each participant, including— healing from physical, sexual, and emotional abuse; depression; and self-injurious behaviors; diversion, probation, or other supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress; and programmatic, offender management, and other aftercare services for each participant who requires such services, including— domestic violence counseling; substance abuse treatment; health care; education; job placement; and child care or other family support services.
An entity described in subsection
(a)may apply for a grant under this section by submitting an application to the Attorney General that includes— a description of the population that is targeted for the program to be funded with the grant; guidelines that can be used by personnel of an adult or juvenile justice agency to identify qualified program participants; plans for making housing and education available to qualified offenders at the time of their release from the criminal justice or juvenile justice system; plans for determining the program participants’ eligibility for Federal benefits; plans to make available, to the extent practicable, other support services that will ensure each trafficking victim’s successful reintegration into the community, such as crisis counseling, peer-to-peer support, job placement, mentoring, health care, and the services of faith-based and community organizations; and a certification that the grant funds received under this section will be used to supplement, and not supplant, funding sources that would otherwise be available. Priority in grant funding under this section shall be accorded to grant applicants— whose application details a plan for ensuring that the grant’s target population will receive pro bono assistance in seeking expungement of any charges committed in connection with an individual’s exploitation by a trafficker, upon the completion by the individual of the court-based program of judicial supervision; in jurisdictions that have implemented, or that commit to implement as part of the grant application process, law enforcement policies that require a shift away from prosecution toward rehabilitation for minors who are victims of human trafficking; and in jurisdictions that have adopted demand-reduction policies to promote stricter enforcement of laws imposing criminal penalties for adults involved in human trafficking of minors, including adults who purchase sex from minors. If a participant successfully completes a program of judicial supervision that receives grant funding under this section, the participants shall be notified of the opportunity to seek the expungement of any juvenile court records relating to the crimes for which he or she was originally charged. The Attorney General shall— issue regulations and guidelines to ensure that the programs authorized under this part do not permit participation by violent offenders; and immediately suspend funding for any grant under this part, pending compliance, if the Attorney General determines that violent offenders are participating in any program funded under this part. In this part, the term violent offender means a person who— is charged with, or convicted of, an offense, regardless of whether any of the circumstances described in subparagraph (A), (B), or
(C)is an element of the offense or conduct of which or for which the person is charged or convicted, during the course of which offense or conduct— the person carried, possessed, or used a firearm or dangerous weapon; there occurred the death of or serious bodily injury to any person; or there occurred the use of force against the person of another; has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm. The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this part. The Attorney General may utilize any component or components of the Department of Justice in carrying out this part. To request funds under this part, the chief executive or the chief justice of a State or the chief executive or chief judge of a unit of local government or Indian tribal government shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this part shall include— a long-term strategy and detailed implementation plan; an explanation of the applicant's inability to fund the program adequately without Federal financial assistance; a certification that the Federal financial assistance provided will be used to supplement, and not to supplant, State, Indian tribal, and local sources of funding that would otherwise be available; a description of related governmental or community initiatives which complement or will be coordinated with the proposal; a certification that— there has been appropriate consultation with all affected agencies; and there will be appropriate coordination with all affected agencies in the implementation of the program; a certification that participating offenders will be supervised by 1 or more designated judges with responsibility for the trafficking survivors’ court program; plans for obtaining necessary support and continuing the proposed program after the termination of Federal financial assistance; and a description of the methodology that will be used in evaluating the program. The Attorney General shall ensure, to the extent practicable, that grant awards under this part are equitably distributed geographically. The Federal share of a grant awarded under this part may not exceed 75 percent of the total costs of the program described in the application submitted under subsection
(c)for the fiscal year for which the program receives assistance under this part, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. In-kind contributions may constitute a portion of the non-Federal share of a grant. A State, Indian tribal government, or unit of local government that receives Federal financial assistance under this part during a fiscal year shall submit a report to the Attorney General not later than March 31 of the following fiscal year that describes the effectiveness of the program funded under this part. The Attorney General may provide technical assistance and training in furtherance of the purposes of this part. In addition to any evaluation requirements that may be prescribed for grantees, the Attorney General may carry out or make arrangements for evaluations of programs that receive support under this part. The technical assistance, training, and evaluations authorized under this section may be carried out directly by the Attorney General, in collaboration with the Secretary of Health and Human Services, or through grants, contracts, or other cooperative arrangements with other entities. The Attorney General may issue regulations and guidelines necessary to carry out this part. . The table of contents of title I of 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 LL—Trafficking Survivors’ Courts Sec. 3021. Grants authorized. Sec. 3022. Prohibition of participation by violent offenders. Sec. 3023. Administration. Sec. 3024. Reports. Sec. 3025. Technical assistance, training, evaluations, and rulemaking. . Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3793(a) ) is amended by adding at the end the following: There are authorized to be appropriated to carry out part LL— $10,000,000 for fiscal year 2015; $15,000,000 for fiscal year 2016; and $15,000,000 for fiscal year 2017. .
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