34 U.S.C. § 12514 — Pilot program on restorative practices

submitted 4 years ago by Pub. L. 103-322 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 1,180 words · no verdicts yet

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This section funds a pilot program letting victims of domestic violence, dating violence, sexual assault, or stalking take part in voluntary "restorative practices" with the person who harmed them, outside the criminal courts. Grantees must screen out anyone who is too dangerous or has certain pending charges or convictions, and refer high-risk victims to other services instead. The program is not meant to replace the criminal justice system, and grantees must report yearly on results.

(a) Definitions. (1) "Director" means the Director of the Office on Violence Against Women. (2) "Eligible entity" includes a State, a local government, a tribal government, a tribal organization, a victim service provider, a college, or a private or public nonprofit (including tribal or faith-based ones). (3) A "restorative practice" is a voluntary, community-based practice — separate from any court case — that a victim starts, and that brings together the person or people who caused the harm, the victim(s), and community representatives, without any coercion, with the goal of holding the person who caused harm accountable, creating a written plan for them to take responsibility, and creating a written action plan that responds to the victims' needs and that everyone agrees to, all done in a way that protects victims' safety and independence. (b) Grants authorized. The Director must award grants to eligible entities to build or run restorative-practice programs, or assess best practices, for: (1) preventing or addressing domestic violence, dating violence, sexual assault, or stalking; (2) training on restorative practices and how to run such programs; and (3) evaluating these practices. (c) Priority. The Director must favor proposals that address the needs of culturally specific or underserved populations. (d) Qualifications. An applicant must show a history of solid training and experience working with victims of these crimes. (e) Program requirements. (1) A program funded under this section must screen out unsuitable participants by checking a person's history of related civil or criminal complaints, any parole or probation violations or active supervision for these offenses, an evidence-based assessment of the risk to any victim, an evidence-based assessment of the risk to public safety, and any past participation in restorative practices; and it must deny participation to anyone who has a pending felony or misdemeanor charge involving a victim of the harm, a restraining or protective order protecting a victim (unless the order allows it), a pending charge involving sexual assault, rape, trafficking, or child abuse, or a conviction for child sexual abuse against the victim or the victim's sibling if that person is still a minor. (2) If a risk assessment shows a victim or their dependent faces a serious risk of further injury, assault, or death, the grantee must refer them to other victim services instead of restorative practices. (f) Nondisclosure of confidential or private information. For purposes of a related privacy law (section 12291(b)(2)), a person taking part as described in (a)(3)(C) counts as someone "receiving services," so their information is protected the same way. (g) Relation to criminal justice intervention. This program is not meant to replace criminal prosecution for the same harm. (h) Reports. (1) Each grantee must report yearly to the Director on the program's effectiveness, including how many people it served, how many it could not serve, how many sought, received, or gave restorative-practice training, victim satisfaction data from surveys or interviews, how many people who caused harm completed or failed a written action plan (and whether they were later involved in a related criminal or civil case), and any other information the Director wants. (2) The Director must report to Congress, summarizing all these grantee reports, within 2 years of March 15, 2022, and every two years after that. (i) Authorization of appropriations. Congress authorized whatever money is necessary for fiscal years 2023 through 2027 to run this program.

the actual law source: uscode.house.gov ↗public domain

(a) Definitions

In this section:

(1) Director

The term “Director” means the Director of the Office on Violence Against Women.

(2) Eligible entity

The term “eligible entity” means—

(A)

a State;

(B)

a unit of local government;

(C)

a tribal government;

(D)

a tribal organization;

(E)

a victim service provider;

(F)

an institution of higher education (as defined in section 1001(a) of title 20; and

(G)

a private or public nonprofit organization, including—

(i)

a tribal nonprofit organization; and

(ii)

a faith-based nonprofit organization.

(3) Restorative practice

The term “restorative practice” means a practice relating to a specific harm that—

(A)

is community-based and unaffiliated with any civil or criminal legal process;

(B)

is initiated by a victim of the harm;

(C)

involves, on a voluntary basis and without any evidence of coercion or intimidation of any victim of the harm by any individual who committed the harm or anyone associated with any such individual—

(i)

1 or more individuals who committed the harm;

(ii)

1 or more victims of the harm; and

(iii)

the community affected by the harm through 1 or more representatives of the community;

(D)

shall include and has the goal of—

(i)

collectively seeking accountability from 1 or more individuals who committed the harm;

(ii)

developing a written process whereby 1 or more individuals who committed the harm will take responsibility for the actions that caused harm to 1 or more victims of the harm; and

(iii)

developing a written course of action plan—

(I)

that is responsive to the needs of 1 or more victims of the harm; and

(II)

upon which 1 or more victims, 1 or more individuals who committed the harm, and the community can agree; and

(E)

is conducted in a victim services framework that protects the safety and supports the autonomy of 1 or more victims of the harm and the community.

(b) Grants authorized

The Director shall award grants to eligible entities to develop and implement a program, or to assess best practices, for—

(1)

restorative practices to prevent or address domestic violence, dating violence, sexual assault, or stalking;

(2)

training by eligible entities, or for eligible entities, courts, or prosecutors, on restorative practices and program implementation; and

(3)

evaluations of a restorative practice described in paragraph (1).

In awarding grants under subsection (b), the Director shall give priority to eligible entities that submit proposals that meaningfully address the needs of culturally specific or underserved populations.

(d) Qualifications

To be eligible to receive a grant under this section, an eligible entity shall demonstrate a history of comprehensive training and experience in working with victims of domestic violence, dating violence, sexual assault, or stalking.

(e) Program requirements

(1) In general

An eligible entity or a subgrantee of an eligible entity that offers a restorative practices program with funds awarded under this section shall ensure that such program—

(A)

includes set practices and procedures for screening the suitability of any individual who committed a harm based on—

(i)

the history of civil and criminal complaints against the individual involving domestic violence, sexual assault, dating violence, or stalking;

(ii)

parole or probation violations of the individual or whether active parole or probation supervision of the individual is being conducted for prior offenses involving domestic violence, sexual assault, dating violence, or stalking;

(iii)

the risk to the safety of any victim of the harm based on an evidence-based risk assessment;

(iv)

the risk to public safety, including an evidence-based risk assessment of the danger to the public; and

(v)

past participation of any individual who committed the harm in restorative practice programing; and

(B)

denies eligibility to participate in the program for any individual who committed a harm against whom there is—

(i)

a pending felony or misdemeanor prosecution for an offense against any victim of the harm or a dependent of any such victim;

(ii)

a restraining order or a protection order (as defined in section 2266 of title 18) that protects any victim of the harm or a dependent of any such victim, unless there is an exception in the restraining order or protective order allowing for participation in a restorative practices program;

(iii)

a pending criminal charge involving or relating to sexual assault, including rape, human trafficking, or child abuse, including child sexual abuse; or

(iv)

a conviction for child sexual abuse against the victim or a sibling of the victim if the victim or sibling of the victim is currently a minor.

(2) Referral

With respect to a risk assessment described in paragraph (1)(A)(iii) for which an eligible entity or a subgrantee of an eligible entity determines that a victim or a dependent of a victim are at significant risk of subsequent serious injury, sexual assault, or death, the eligible entity or subgrantee shall refer the victim or dependent to other victim services, instead of restorative practices.

(f) Nondisclosure of confidential or private information

For the purpose of section 12291(b)(2) of this title, an individual described in subsection (a)(3)(C) shall be considered a person receiving services.

(g) Relation to criminal justice intervention

Restorative practices performed with funds awarded under this section are not intended to function as a replacement for criminal justice intervention for a specific harm.

(h) Reports

(1) Report to Director

As a part of the report required to be submitted under section 12291(b)(6) of this title, an eligible entity that receives a grant under this section shall annually submit to the Director information relating to the effectiveness of the restorative practices carried out with amounts from the grant, including—

(A)

the number of individuals for whom the eligible entity supported a restorative practice;

(B)

if applicable, the number of individuals who—

(i)

sought restorative practices from the eligible entity; and

(ii)

the eligible entity could not serve;

(C)

if applicable, the number of individuals—

(i)

who sought restorative practice training;

(ii)

who received restorative practice training;

(iii)

who provided restorative practice training; and

(iv)

to whom the eligible entity could not provide restorative practice training;

(D)

a victim evaluation component that is documented through survey or interview, including the satisfaction of victims of a harm with the restorative practice services;

(E)

if applicable, the number of individuals who committed a harm and—

(i)

successfully completed and executed a written course of action plan;

(ii)

failed to successfully complete and execute a written course of action plan; and

(iii)

were involved in a criminal or civil complaint involving domestic violence, dating violence, sexual assault, or stalking against the victims 1 or victims during the course of the restorative practice process; and

(F)

any other qualitative or quantitative information determined by the Director.

(2) Report to Congress

Not later than 2 years after March 15, 2022, and biennially thereafter, the Director shall submit to Congress a report that summarizes the reports received by the Director under paragraph (1).

(i) Authorization of appropriations

There are authorized to be appropriated to the Director such sums as may be necessary for each of fiscal years 2023 through 2027 to carry out this section.

Source credit: (Pub. L. 103–322, title IV, § 41801, as added Pub. L. 117–103, div. W, title I, § 109(a), Mar. 15, 2022, 136 Stat. 852.)

history & why it existsrecord from the source credit

2022Enacted · Pub. L. 103-322 · 136 Stat. 852

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-322 on 2022-03-15.

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