Sec. 201. Model States laws and practices
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The Attorney General, in consultation with the Secretary of Health and Human Services and the Elder Justice Coordinating Council (established under section 2021 of the Social Security Act ( 42 U.S.C. 1397k )), shall— create, compile, evaluate, and disseminate materials and information, and provide the necessary training and technical assistance, to assist States and units of local government in— investigating, prosecuting, pursuing, preventing, understanding, and mitigating the impact of— physical, sexual, and psychological abuse of elders; exploitation of elders, including financial abuse and scams targeting elders; and neglect of elders; and assessing, addressing, and mitigating the physical and psychological trauma to victims of elder abuse; collect data and perform an evidence-based evaluation to— assure the efficacy of measures and methods intended to prevent, detect, respond to, or redress elder abuse; and evaluate the number of victims of elder abuse in each State and the extent to which the needs of the victims are served by crime victim services, programs, and sources of funding; publish a report, on an annual basis, that describes the results of the evaluations conducted under paragraphs
(1)and (2), and submit the report to each Federal agency, each State, and the Committee on the Judiciary and the Special Committee on Aging of the Senate and the Committee on the Judiciary of the House of Representatives; evaluate training models to determine best practices, create replication guides, create training materials, if necessary, for law enforcement officers, prosecutors, judges, guardians, emergency responders, individuals working in victim services, adult protective services, social services, and public safety, medical personnel, mental health personnel, financial services personnel, and any other individuals whose work may bring them in contact with elder abuse regarding how to— conduct investigations in elder abuse cases; address evidentiary issues and other legal issues; and appropriately assess, respond to, and interact with victims and witnesses in elder abuse cases, including in administrative, civil, and criminal judicial proceedings; conduct, and update on a regular basis, a study of laws and practices relating to elder abuse, neglect, and exploitation, including— a comprehensive description of State laws and practices; an analysis of the effectiveness of State laws and practices, including— whether the State laws are enforced; and if enforced— how the State laws are enforced; and how enforcement of the State laws has effected elder abuse within the State; a review of State definitions of the terms abuse , neglect , and exploitation in the context of elder abuse cases; a review of State laws that mandate reporting of elder abuse, including adult protective services laws, laws that require the reporting of nursing home deaths or suspicious deaths of elders to coroners or medical examiners, and other pertinent reporting laws, that analyzes— the impact and efficacy of the State laws; whether the State laws are enforced; the levels of compliance with the State laws; and the response to, and actions taken as a result of, reports made under the State laws; a review of State evidentiary, procedural, sentencing, choice of remedies, and data retention issues relating to elder abuse, neglect, and exploitation; a review of State fiduciary laws, including law relating to guardianship, conservatorship, and power of attorney; a review of State laws that permit or encourage employees of depository institutions (as defined in section 3(c)(1) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(c)(1) ) and State credit unions (as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 )) to prevent and report suspected elder abuse, neglect, and exploitation; a review of State laws used in civil court proceedings to prevent and address elder abuse; a review of State laws relating to fraud and related activities in connection with mail, telemarketing, the Internet, or health care; a review of State laws that create programs, offices, entities, or other programs that address or respond to elder abuse; and an analysis of any other State laws relating to elder abuse; and carry out such other duties as the Attorney General determines necessary in connection with enhancing the understanding, prevention, detection, and response to elder abuse.
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