r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT wiki — defined terms

“evidence-based” applies throughout its chapter

the term “evidence-based” means a program or practice that— (A) is demonstrated to be effective when implemented with fidelity; (B) is based on a clearly articulated and empirically supported theory; (C) has measurable outcomes relevant to juvenile justice, including a detailed description of the outcomes produced in a particular population, whether urban or rural; and (D) has been scientifically tested and proven effective through randomized control studies or comparison group studies and with the ability to replicate and scale;

“Federal juvenile delinquency program” applies throughout its chapter

the term “Federal juvenile delinquency program” means any juvenile delinquency program which is conducted, directly, or indirectly, or is assisted by any Federal department or agency, including any program funded under this chapter;

“gender-specific services” applies throughout its chapter

the term “gender-specific services” means services designed to address needs unique to the gender of the individual to whom such services are provided;

“graduated sanctions” applies throughout its chapter

the term “graduated sanctions” means an accountability-based, graduated series of sanctions (including incentives, treatment, and services) applicable to juveniles within the juvenile justice system to hold such juveniles accountable for their actions and to protect communities from the effects of juvenile delinquency by providing appropriate sanctions for every act for which a juvenile is adjudicated delinquent, by inducing their law-abiding behavior, and by preventing their subsequent involvement with the juvenile justice system;

“home-based alternative services” applies throughout its chapter

the term “home-based alternative services” means services provided to a juvenile in the home of the juvenile as an alternative to incarcerating the juvenile, and includes home detention;

“Indian tribe” applies throughout its chapter

the term “Indian tribe” means— (A) a federally recognized Indian tribe; or (B) an Alaskan Native organization; that has a law enforcement function, as determined by the Secretary of the Interior in consultation with the Attorney General;

“internal controls” applies throughout its chapter

the term “internal controls” means a process implemented to provide reasonable assurance regarding the achievement of objectives in— (A) effectiveness and efficiency of operations, such as grant management practices; (B) reliability of reporting for internal and external use; and (C) compliance with applicable laws and regulations, as well as recommendations of the Office of Inspector General and the Government Accountability Office; and;

“isolation” applies throughout its chapter

the term “isolation”— (A) means any instance in which a youth is confined alone for more than 15 minutes in a room or cell; and (B) does not include— (i) confinement during regularly scheduled sleeping hours; (ii) separation based on a treatment program approved by a licensed medical or mental health professional; (iii) confinement or separation that is requested by the youth; or (iv) the separation of the youth from a group in a nonlocked setting for the limited purpose of calming;

“jail or lockup for adults” applies throughout its chapter

the term “jail or lockup for adults” means a secure facility that is used by a State, unit of local government, or law enforcement authority to detain or confine adult inmates;

“juvenile delinquency program” applies throughout its chapter

the term “juvenile delinquency program” means any program or activity related to juvenile delinquency prevention, control, diversion, treatment, rehabilitation, planning, education, training, and research, including drug and alcohol abuse programs; the improvement of the juvenile justice system; and any program or activity designed to reduce known risk factors for juvenile delinquent behavior, provides 1 activities that build on protective factors for, and develop competencies in, juveniles to prevent, and reduce the rate of, delinquent juvenile behavior; (4);

“law enforcement and criminal justice” applies throughout its chapter

the term “law enforcement and criminal justice” means any activity pertaining to crime prevention, control, or reduction or the enforcement of the criminal law, including, but not limited to police efforts to prevent, control, or reduce crime or to apprehend criminals, activities of courts having criminal jurisdiction and related agencies (including prosecutorial and defender services), activities of corrections, probation, or parole authorities, and programs relating to the prevention, control, or reduction of juvenile delinquency or narcotic addiction;

“National Institute of Justice” applies throughout its chapter

the term “National Institute of Justice” means the institute established by section 10122(a) of this title ; and;

“nonprofit organization” applies throughout its chapter

the term “nonprofit organization” means an organization described in section 501(c)(3) of title 26 that is exempt from taxation under section 501(a) of title 26 ;

“Office of Justice Programs” applies throughout its chapter

the term “Office of Justice Programs” means the office established by section 10101 of this title ;

“promising” applies throughout its chapter

the term “promising” means a program or practice that— (A) is demonstrated to be effective based on positive outcomes relevant to juvenile justice from one or more objective, independent, and scientifically valid evaluations, as documented in writing to the Administrator; and (B) will be evaluated through a well-designed and rigorous study, as described in paragraph (34)(D);

“public agency” applies throughout its chapter

the term “public agency” means any State, unit of local government, combination of such States or units, or any department, agency, or instrumentality of any of the foregoing;

“racial and ethnic disparity” applies throughout its chapter

the term “racial and ethnic disparity” means minority youth populations are involved at a decision point in the juvenile justice system at disproportionately higher rates than non-minority youth at that decision point;

“related complex of buildings” applies throughout its chapter

the term “related complex of buildings” means 2 or more buildings that share— (A) physical features, such as walls and fences, or services beyond mechanical services (heating, air conditioning, water and sewer); or (B) the specialized services that are allowable under section 31.303(e)(3)(i)(C)(3) of title 28 of the Code of Federal Regulations, as in effect on December 10, 1996 ;

“restraints” applies throughout its chapter

the term “restraints” has the meaning given that term in section 290ii of title 42 ;

“rural” applies throughout its chapter

the term “rural” means an area that is not located in a metropolitan statistical area, as defined by the Office of Management and Budget;

“screening” applies throughout its chapter

the term “screening” means a brief process— (A) designed to identify youth who may have mental health, behavioral health, substance abuse, or other needs requiring immediate attention, intervention, and further evaluation; and (B) the purpose of which is to quickly identify a youth with possible mental health, behavioral health, substance abuse, or other needs in need of further assessment;

“secure correctional facility” applies throughout its chapter

the term “secure correctional facility” means any public or private residential facility which— (A) includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility; and (B) is used for the placement, after adjudication and disposition, of any juvenile who has been adjudicated as having committed an offense or any other individual convicted of a criminal offense;

“secure detention facility” applies throughout its chapter

the term “secure detention facility” means any public or private residential facility which— (A) includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility; and (B) is used for the temporary placement of any juvenile who is accused of having committed an offense or of any other individual accused of having committed a criminal offense;

“serious crime” applies throughout its chapter

the term “serious crime” means criminal homicide, forcible rape or other sex offenses punishable as a felony, mayhem, kidnapping, aggravated assault, drug trafficking, robbery, larceny or theft punishable as a felony, motor vehicle theft, burglary or breaking and entering, extortion accompanied by threats of violence, and arson punishable as a felony;

“sight or sound contact” applies throughout its chapter

the term “sight or sound contact” means any physical, clear visual, or verbal contact that is not brief and inadvertent;

“State” applies throughout its chapter

the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands;

“status offender” applies throughout its chapter

the term “status offender” means a juvenile who is charged with or who has committed an offense that would not be criminal if committed by an adult;

“trauma-informed” applies throughout its chapter

the term “trauma-informed” means— (A) understanding the impact that exposure to violence and trauma have on a youth’s physical, psychological, and psychosocial development; (B) recognizing when a youth has been exposed to violence and trauma and is in need of help to recover from the adverse impacts of trauma; and (C) responding in ways that resist retraumatization;

“treatment” applies throughout its chapter

the term “treatment” includes but is not limited to medical, educational, special education, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public, including services designed to benefit addicts and other users by eliminating their dependence on alcohol or other addictive or nonaddictive drugs or by controlling their dependence and susceptibility to addiction or use;

“tribal government” applies throughout its chapter

the term “tribal government” means the governing body of an Indian Tribe.

“unit of local government” applies throughout its chapter

the term “unit of local government” means— (A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; (B) any law enforcement district or judicial enforcement district that— (i) is established under applicable State law; and (ii) has the authority to, in a manner independent of other State entities, establish a budget and raise revenues; or (C) for the purposes of assistance eligibility, any agency of the government of the District of Columbia or the Federal Government that performs law enforcement functions in and for— (i) the District of Columbia; or (ii) any Trust Territory of the United States; (9) the term “combination” as …

“valid court order” applies throughout its chapter

the term “valid court order” means a court order given by a juvenile court judge to a juvenile— (A) who was brought before the court and made subject to such order; and (B) who received, before the issuance of such order, the full due process rights guaranteed to such juvenile by the Constitution of the United States;

“violent crime” applies throughout its chapter

the term “violent crime” means— (A) murder or nonnegligent manslaughter, forcible rape, or robbery, or (B) aggravated assault committed with the use of a firearm;

“exceptional circumstances” applies throughout its part

the term “exceptional circumstances” means circumstances in which a youth would benefit to an unusual extent from additional time in the program.

“maternity group home” applies throughout its part

the term “maternity group home” means a community-based, adult-supervised transitional living arrangement that provides pregnant or parenting youth and their children with a supportive and supervised living arrangement in which such pregnant or parenting youth are required to learn parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote their long-term economic independence in order to ensure the well-being of their children; and;

“drug abuse education and prevention services” applies throughout its subchapter

The term “drug abuse education and prevention services”— (A) means services to runaway and homeless youth to prevent or reduce the illicit use of drugs by such youth; and (B) may include— (i) individual, family, group, and peer counseling; (ii) drop-in services; (iii) assistance to runaway and homeless youth in rural areas (including the development of community support groups); (iv) information and training relating to the illicit use of drugs by runaway and homeless youth, to individuals involved in providing services to such youth; and (v) activities to improve the availability of local drug abuse prevention services to runaway and homeless youth. (2) Home-based services

“home-based services” applies throughout its subchapter

The term “home-based services”— (A) means services provided to youth and their families for the purpose of— (i) preventing such youth from running away, or otherwise becoming separated, from their families; and (ii) assisting runaway youth to return to their families; and (B) includes services that are provided in the residences of families (to the extent practicable), including— (i) intensive individual and family counseling; and (ii) training relating to life skills and parenting.

“street youth” applies throughout its subchapter

The term “street youth” means an individual who— (A) is— (i) a runaway youth; or (ii) indefinitely or intermittently a homeless youth; and (B) spends a significant amount of time on the street or in other areas that increase the risk to such youth for sexual abuse, sexual exploitation, prostitution, or drug abuse. (7) Transitional living youth project

“street-based services” applies throughout its subchapter

The term “street-based services”— (A) means services provided to runaway and homeless youth, and street youth, in areas where they congregate, designed to assist such youth in making healthy personal choices regarding where they live and how they behave; and (B) may include— (i) identification of and outreach to runaway and homeless youth, and street youth; (ii) crisis intervention and counseling; (iii) information and referral for housing; (iv) information and referral for transitional living and health care services; (v) advocacy, education, and prevention services related to— (I) alcohol and drug abuse; (II) sexual exploitation; (III) sexually transmitted diseases, including human …

“transitional living youth project” applies throughout its subchapter

The term “transitional living youth project” means a project that provides shelter and services designed to promote a transition to self-sufficient living and to prevent long-term dependency on social services. (8) Youth at risk of separation from the family

“youth at risk of separation from the family” applies throughout its subchapter

The term “youth at risk of separation from the family” means an individual— (A) who is less than 18 years of age; and (B) (i) who has a history of running away from the family of such individual; (ii) whose parent, guardian, or custodian is not willing to provide for the basic needs of such individual; or (iii) who is at risk of entering the child welfare system or juvenile justice system as a result of the lack of services available to the family to meet such needs.

“Administrator” applies throughout its subchapter

the term “Administrator” means the Administrator of the Office of Juvenile Justice and Delinquency Prevention;

“Center” applies throughout its subchapter

the term “Center” means the National Center for Missing and Exploited Children;

“child sexual abuse material” applies throughout its subchapter

the term “child sexual abuse material” has the meaning given the term “child pornography” in section 2256 of title 18 ; 1

“missing child” applies throughout its subchapter

the term “missing child” means any individual less than 18 years of age whose whereabouts are unknown to such individual’s parent;

“parent” applies throughout its subchapter

the term “parent” includes a legal guardian or other individual who may lawfully exercise parental rights with respect to the child; and;

“compensation” applies in that section

the term “compensation”— (i) includes salary, bonuses, periodic payments, severance pay, the value of a compensatory or paid leave benefit not excluded by clause (ii), and the fair market value of any employee perquisite or benefit not excluded by clause (ii); and (ii) excludes any Center expenditure for health, medical, or life insurance, or disability or retirement pay, including pensions benefits.

“unresolved audit finding” applies in that section

the term “unresolved audit finding” means an audit report finding in the final report of the Inspector General of the Department of Justice that the grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within a 12-month period beginning on the date when the final audit report is issued. (5) Nonprofit organization requirements (A) Definition For purposes of this section and the grant programs described in this subchapter, the term “nonprofit”, relating to an entity, means the entity is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title.

“at-risk” applies throughout its subchapter

the term “at-risk” has the meaning given that term in section 6472 of title 20 ;

“delinquency prevention program” applies throughout its subchapter

the term “delinquency prevention program” means a delinquency prevention program that is evidence-based or promising and that may include— (A) alcohol and substance abuse prevention or treatment services; (B) tutoring and remedial education, especially in reading and mathematics; (C) child and adolescent health and mental health services; (D) recreation services; (E) leadership and youth development activities; (F) the teaching that individuals are and should be held accountable for their actions; (G) assistance in the development of job training skills; (H) youth mentoring programs; (I) after-school programs; (J) coordination of a continuum of services that may include— (i) early childhood …

“eligible entity” applies throughout its subchapter

the term “eligible entity” means— (A) a unit of local government that is in compliance with the requirements of part B of subchapter II; or (B) a nonprofit organization in partnership with a unit of local government described in subparagraph (A);

“mentoring” applies throughout its subchapter

the term “mentoring” means matching 1 adult with 1 or more youths for the purpose of providing guidance, support, and encouragement through regularly scheduled meetings for not less than 9 months;

“State advisory group” applies throughout its subchapter

the term “State advisory group” means the advisory group appointed by the chief executive officer of a State under a plan described in section 11133(a) of this title ; and;

“State entity” applies throughout its subchapter

the term “State entity” means the State agency designated under section 11133(a)(1) of this title or the entity receiving funds under section 11133(d) of this title .

“nonprofit organization” applies throughout its chapter

the term “nonprofit organization” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title. (B) Prohibition The Administrator may not award a grant under any grant program described in this chapter (excluding subchapter IV) to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26 .

“unresolved audit finding” applies in that section

the term “unresolved audit finding” means a finding in the final audit report of the Inspector General— (i) that the audited State or Indian Tribe has used grant funds for an unauthorized expenditure or otherwise unallowable cost; and (ii) that is not closed or resolved during the 12-month period beginning on the date on which the final audit report is issued. (3) Nonprofit organization requirements (A) Definition For purposes of this paragraph and the grant programs described in this chapter (excluding subchapter IV),

“indeterminate sentencing” applies throughout its part

the term “indeterminate sentencing” means a system by which— (A) the court may impose a sentence of a range defined by statute; and (B) an administrative agency, generally the parole board, or the court, controls release within the statutory range;

“part 1 violent crime” applies throughout its part

the term “part 1 violent crime” means murder and nonnegligent manslaughter, forcible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investigation for purposes of the Uniform Crime Reports; and;

“State” applies throughout its part

the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

“dangerous sexual offense” applies in that section

The term “dangerous sexual offense” means any offense under State law for conduct that would constitute an offense under chapter 109A of title 18 had the conduct occurred in the special maritime and territorial jurisdiction of the United States or in a Federal prison. (2) Murder

“murder” applies in that section

The term “murder” has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation. (3) Rape

“rape” applies in that section

The term “rape” has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation. (c) Penalty (1) Single State Pursuant to regulations promulgated by the Attorney General hereunder, in any case in which a criminal-records-reporting State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one of those offenses in a State described in paragraph (3), it may, under subsection (d), apply to the Attorney General for $10,000, for its related apprehension and prosecution costs, and $22,500 per year (up to a maximum of 5 years), for its related incarceration costs with both amounts for costs adjusted …

“correctional institution” applies in that section

The term “correctional institution” means any prison, jail, reformatory, work farm, detention center, or halfway house, or any other similar institution designed for the confinement or rehabilitation of criminal offenders. (2) Correctional job training or placement program

“correctional job training or placement program” applies in that section

The term “correctional job training or placement program” means an activity that provides job training or job placement services to incarcerated persons or ex-offenders, or that assists incarcerated persons or ex-offenders in obtaining such services. (3) Ex-offender

“ex-offender” applies in that section

The term “ex-offender” means any individual who has been sentenced to a term of probation by a Federal or State court, or who has been released from a Federal, State, or local correctional institution. (4) Incarcerated person

“incarcerated person” applies in that section

The term “incarcerated person” means any individual incarcerated in a Federal or State correctional institution who is charged with or convicted of any criminal offense. (c) Establishment of Office (1) In general The Attorney General shall establish within the Department of Justice an Office of Correctional Job Training and Placement. The Office shall be headed by a Director, who shall be appointed by the Attorney General. (2) Timing The Attorney General shall carry out this subsection not later than 6 months after September 13, 1994 .

“community development corporation” applies throughout its part

The term “community development corporation” means a private, nonprofit corporation whose board of directors is comprised of business, civic and community leaders, and whose principal purpose includes the provision of low-income housing or community economic development projects that primarily benefit low-income individuals and communities. (2) Local and private sector contribution

“local and private sector contribution” applies throughout its part

The term “local and private sector contribution” means the funds available at the local level (by private financial institutions, State and local governments) or by any private philanthropic organization and private, nonprofit organizations that will be committed and used solely for the purpose of financing private business enterprises in conjunction with amounts provided under this part. (3) Population-losing community

“population-losing community” applies throughout its part

The term “population-losing community” means any county in which the net population loss is at least 7 percent from April 1, 1980 to April 1, 1990 , as reported by the Bureau of the Census. (4) Private business enterprise

“private business enterprise” applies throughout its part

The term “private business enterprise” means any business enterprise that is engaged in the manufacture of a product, provision of a service, construction or development of a facility, or that is involved in some other commercial, manufacturing or industrial activity, and that agrees to target job opportunities stemming from investments authorized under this part to certain individuals. (5) Target area

“target area” applies throughout its part

The term “target area” means any area defined in an application for assistance under this part that has a population whose income does not exceed the median for the area within which the target area is located. (6) Very low-income community

“very low-income community” applies throughout its part

The term “very low-income community” means a community in which the median income of the residents of such community does not exceed 50 percent of the median income of the area.

“abuse in later life” applies throughout its subchapter

The term “abuse in later life”— (A) means— (i) neglect, abandonment, economic abuse, or willful harm of an adult aged 50 or older by an individual in an ongoing relationship of trust with the victim; or (ii) domestic violence, dating violence, sexual assault, or stalking of an adult aged 50 or older by any individual; and (B) does not include self-neglect. (2) Alaska Native village

“Alaska Native village” applies throughout its subchapter

The term “Alaska Native village” has the same meaning given such term in the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.). (3) Child abuse and neglect

“child abuse and neglect” applies throughout its subchapter

The term “child abuse and neglect” means any recent act or failure to act on the part of a parent or caregiver with intent to cause death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm to an unemancipated minor. This definition shall not be construed to mean that failure to leave an abusive relationship, in the absence of other action constituting abuse or neglect, is itself abuse or neglect. (4) Child maltreatment

“child maltreatment” applies throughout its subchapter

The term “child maltreatment” means the physical or psychological abuse or neglect of a child or youth, including sexual assault and abuse. (5) Community-based organization

“community-based organization” applies throughout its subchapter

The term “community-based organization” means a nonprofit, nongovernmental, or tribal organization that serves a specific geographic community that— (A) focuses primarily on domestic violence, dating violence, sexual assault, or stalking; (B) has established a specialized culturally specific program that addresses domestic violence, dating violence, sexual assault, or stalking; (C) has a primary focus on underserved populations (and includes representatives of these populations) and domestic violence, dating violence, sexual assault, or stalking; or (D) obtains expertise, or shows demonstrated capacity to work effectively, on domestic violence, dating violence, sexual assault, and stalking …

“court-based personnel” applies throughout its subchapter

The terms “court-based personnel” and “court-related personnel” mean individuals working in the court, whether paid or volunteer, including— (A) clerks, special masters, domestic relations officers, administrators, mediators, custody evaluators, guardians ad litem, lawyers, negotiators, probation, parole, interpreters, victim assistants, victim advocates, and judicial, administrative, or any other professionals or personnel similarly involved in the legal process; (B) court security personnel; (C) personnel working in related supplementary offices or programs (such as child support enforcement); and (D) any other court-based or community-based personnel having responsibilities or authority …

“court-related personnel” applies throughout its subchapter

The terms “court-based personnel” and “court-related personnel” mean individuals working in the court, whether paid or volunteer, including— (A) clerks, special masters, domestic relations officers, administrators, mediators, custody evaluators, guardians ad litem, lawyers, negotiators, probation, parole, interpreters, victim assistants, victim advocates, and judicial, administrative, or any other professionals or personnel similarly involved in the legal process; (B) court security personnel; (C) personnel working in related supplementary offices or programs (such as child support enforcement); and (D) any other court-based or community-based personnel having responsibilities or authority …

“courts” applies throughout its subchapter

The term “courts” means any civil or criminal, tribal, and Alaska Native Village, Federal, State, local or territorial court having jurisdiction to address domestic violence, dating violence, sexual assault or stalking, including immigration, family, juvenile, and dependency courts, and the judicial officers serving in those courts, including judges, magistrate judges, commissioners, justices of the peace, or any other person with decisionmaking authority. (8) Culturally specific

“culturally specific” applies throughout its subchapter

The term “culturally specific” means primarily directed toward racial and ethnic minority groups (as defined in section 1707(g) of the Public Health Service Act ( 42 U.S.C. 300u–6(g) ). 1 (9) Culturally specific services

“culturally specific services” applies throughout its subchapter

The term “culturally specific services” means community-based services that include culturally relevant and linguistically specific services and resources to culturally specific communities. (10) Dating partner The term “dating partner” refers to a person who is or has been in a social relationship of a romantic or intimate nature with the abuser, and where the existence of such a relationship shall be determined based on a consideration of— (A) the length of the relationship; (B) the type of relationship; and (C) the frequency of interaction between the persons involved in the relationship. (11) Dating violence

“dating violence” applies throughout its subchapter

The term “dating violence” means violence committed by a person— (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship. (ii) The type of relationship. (iii) The frequency of interaction between the persons involved in the relationship. (12) Domestic violence

“domestic violence” applies throughout its subchapter

The term “domestic violence” includes felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction receiving grant funding and, in the case of victim services, includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who— (A) is a current or former spouse or intimate partner of the victim, or person similarly situated to a …

“elder abuse” applies throughout its subchapter

The term “elder abuse” means any action against a person who is 50 years of age or older that constitutes the willful— (A) infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish; or (B) deprivation by a person, including a caregiver, of goods or services with intent to cause physical harm, mental anguish, or mental illness. (15) Female genital mutilation or cutting

“female genital mutilation or cutting” applies throughout its subchapter

The term “female genital mutilation or cutting” has the meaning given such term in section 116 of title 18 . (16) Forced marriage

“forced marriage” applies throughout its subchapter

The term “forced marriage” means a marriage to which 1 or both parties do not or cannot consent, and in which 1 or more elements of force, fraud, or coercion is present. Forced marriage can be both a cause and a consequence of domestic violence, dating violence, sexual assault or stalking. (17) Homeless

“homeless” applies throughout its subchapter

The term “homeless” has the meaning given such term in section 12473 of this title . (18) Indian

“Indian” applies throughout its subchapter

The term “Indian” means a member of an Indian tribe. (19) Indian country

“Indian country” applies throughout its subchapter

The term “Indian country” has the same meaning given such term in section 1151 of title 18 . (20) Indian housing

“Indian housing” applies throughout its subchapter

The term “Indian housing” means housing assistance described in the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq., as amended). (21) Indian law enforcement

“Indian law enforcement” applies throughout its subchapter

The term “Indian law enforcement” means the departments or individuals under the direction of the Indian tribe that maintain public order. (22) Indian tribe; Indian Tribe

“Indian tribe” applies throughout its subchapter

The terms “Indian tribe” and “Indian Tribe” mean a tribe, band, pueblo, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (23) Law enforcement

“law enforcement” applies throughout its subchapter

The term “law enforcement” means a public agency charged with policing functions, including any of its component bureaus (such as governmental victim services programs or Village Public Safety Officers), including those referred to in section 2802 of title 25 . (24) Legal assistance (A) Definition

“legal assistance” applies throughout its subchapter

The term “legal assistance” means assistance provided by or under the direct supervision of a person described in subparagraph (B) to an adult, youth, or child victim of domestic violence, dating violence, sexual assault, or stalking relating to a matter described in subparagraph (C). (B) Person described A person described in this subparagraph is— (i) a licensed attorney; (ii) in immigration proceedings, a Board of Immigration Appeals accredited representative; (iii) in claims of the Department of Veterans Affairs, a representative authorized by the Secretary of Veterans Affairs; or (iv) any person who functions as an attorney or lay advocate in tribal court.

“nonprofit organization” applies in that section

the term “nonprofit organization” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title. (ii) Prohibition The Attorney General may not award a grant under any grant program described in this Act to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26 .

“personal information” applies in that section

The term “personally identifying information” or “personal information” means individually identifying information for or about an individual including information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, regardless of whether the information is encoded, encrypted, hashed, or otherwise protected, including— (A) a first and last name; (B) a home or other physical address; (C) contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number); (D) a social security number, driver license number, passport number, or student identification number; and (E) any other information, …

“personally identifying information” applies in that section

The term “personally identifying information” or “personal information” means individually identifying information for or about an individual including information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, regardless of whether the information is encoded, encrypted, hashed, or otherwise protected, including— (A) a first and last name; (B) a home or other physical address; (C) contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number); (D) a social security number, driver license number, passport number, or student identification number; and (E) any other information, …

“population specific organization” applies in that section

The term “population specific organization” means a nonprofit, nongovernmental organization that primarily serves members of a specific underserved population and has demonstrated experience and expertise providing targeted services to members of that specific underserved population. (27) Population specific services

“population specific services” applies in that section

The term “population specific services” means victim-centered services that address the safety, health, economic, legal, housing, workplace, immigration, confidentiality, or other needs of victims of domestic violence, dating violence, sexual assault, or stalking, and that are designed primarily for and are targeted to a specific underserved population. (28) Prosecution

“prosecution” applies in that section

The term “prosecution” means any public agency charged with direct responsibility for prosecuting criminal offenders, including such agency’s component bureaus (such as governmental victim assistance programs). (29) Protection order or restraining order

“protection order” applies in that section

The term “protection order” or “restraining order” includes— (A) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence or contact or communication with or physical proximity to, another person, including any temporary or final orders issued by civil or criminal courts whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and (B) any support, child custody or visitation …

“rape crisis center” applies in that section

The term “rape crisis center” means a nonprofit, nongovernmental, or tribal organization, or governmental entity in a State other than a Territory that provides intervention and related assistance, as specified in section 12511(b)(2)(C) of this title , to victims of sexual assault without regard to their age. In the case of a governmental entity, the entity may not be part of the criminal justice system (such as a law enforcement agency) and must be able to offer a comparable level of confidentiality as a nonprofit entity that provides similar victim services. (31) Restorative practice

“restorative practice” applies in that section

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 …

“restraining order” applies in that section

The term “protection order” or “restraining order” includes— (A) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence or contact or communication with or physical proximity to, another person, including any temporary or final orders issued by civil or criminal courts whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and (B) any support, child custody or visitation …

“rural area” applies in that section

The term “rural area” and “rural community” mean— (A) any area or community, respectively, no part of which is within an area designated as a standard metropolitan statistical area by the Office of Management and Budget; (B) any area or community, respectively, that is— (i) within an area designated as a metropolitan statistical area or considered as part of a metropolitan statistical area; and (ii) located in a rural census tract; or (C) any federally recognized Indian tribe. (33) Rural State

“rural community” applies in that section

The term “rural area” and “rural community” mean— (A) any area or community, respectively, no part of which is within an area designated as a standard metropolitan statistical area by the Office of Management and Budget; (B) any area or community, respectively, that is— (i) within an area designated as a metropolitan statistical area or considered as part of a metropolitan statistical area; and (ii) located in a rural census tract; or (C) any federally recognized Indian tribe. (33) Rural State

“rural State” applies in that section

The term “rural State” means a State that has a population density of 57 or fewer persons per square mile or a State in which the largest county has fewer than 250,000 people, based on the most recent decennial census. (34) Sex trafficking

“services” applies in that section

The terms “victim services” and “services” mean services provided to victims of domestic violence, dating violence, sexual assault, or stalking, including telephonic or web-based hotlines, legal assistance and legal advocacy, economic advocacy, emergency and transitional shelter, accompaniment and advocacy through medical, civil or criminal justice, immigration, and social support systems, crisis intervention, short-term individual and group support services, information and referrals, culturally specific services, population specific services, and other related supportive services. (52) Youth

“sex trafficking” applies in that section

The term “sex trafficking” means any conduct proscribed by section 1591 of title 18 , whether or not the conduct occurs in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States. (35) Sexual assault

“sexual assault” applies in that section

The term “sexual assault” means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent. (36) Stalking

“stalking” applies in that section

The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to— (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress. (37) State

“State” applies in that section

The term “State” means each of the several States and the District of Columbia, and except as otherwise provided, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. (38) State domestic violence coalition

“State domestic violence coalition” applies in that section

The term “State domestic violence coalition” means a program determined by the Administration for Children and Families under sections 10402 and 10411 of title 42. (39) State sexual assault coalition

“State sexual assault coalition” applies in that section

The term “State sexual assault coalition” means a program determined by the Center for Injury Prevention and Control of the Centers for Disease Control and Prevention under the Public Health Service Act ( 42 U.S.C. 280b et seq.). (40) Technological abuse

“technological abuse” applies in that section

The term “technological abuse” means an act or pattern of behavior that occurs within domestic violence, sexual assault, dating violence or stalking and is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor, except as otherwise permitted by law, another person, that occurs using any form of technology, including but not limited to: internet enabled devices, online spaces and platforms, computers, mobile devices, cameras and imaging programs, apps, location tracking devices, or communication technologies, or any other emerging technologies. (41) Territorial domestic violence or sexual assault coalition

“territorial domestic violence or sexual assault coalition” applies in that section

The term “territorial domestic violence or sexual assault coalition” means a program addressing domestic or sexual violence that is— (A) an established nonprofit, nongovernmental territorial coalition addressing domestic violence or sexual assault within the territory; or (B) a nongovernmental organization with a demonstrated history of addressing domestic violence or sexual assault within the territory that proposes to incorporate as a nonprofit, nongovernmental territorial coalition. (42) Tribal coalition

“tribal coalition” applies in that section

The term “tribal coalition” means an established nonprofit, nongovernmental Indian organization, Alaska Native organization, or a Native Hawaiian organization that— (A) provides education, support, and technical assistance to member Indian service providers, Native Hawaiian organizations, or the Native Hawaiian community in a manner that enables those member providers, organizations, or communities to establish and maintain culturally appropriate services, including shelter and rape crisis services, designed to assist Indian or Native Hawaiian women and the dependents of those women who are victims of domestic violence, dating violence, sexual assault, and stalking; and (B) is comprised of …

“tribal government” applies in that section

The term “tribal government” means— (A) the governing body of an Indian tribe; or (B) a tribe, band, pueblo, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (44) Tribal nonprofit organization

“tribal nonprofit organization” applies in that section

The term “tribal nonprofit organization” means— (A) a victim services provider that has as its primary purpose to assist Native victims of domestic violence, dating violence, sexual assault, or stalking; and (B) staff and leadership of the organization must include persons with a demonstrated history of assisting American Indian or Alaska Native victims of domestic violence, dating violence, sexual assault, or stalking. (45) Tribal organization

“tribal organization” applies in that section

The term “tribal organization” means— (A) the governing body of any Indian tribe; (B) any legally established organization of Indians which is controlled, sanctioned, or chartered by such governing body of a tribe or tribes to be served, or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities; or (C) any tribal nonprofit organization. (46) Underserved populations

“underserved populations” applies in that section

The term “underserved populations” means populations who face barriers in accessing and using victim services, and includes populations underserved because of geographic location, religion, sexual orientation, gender identity, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General or by the Secretary of Health and Human Services, as appropriate. (47) Unit of local government

“unit of local government” applies in that section

The term “unit of local government” means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State. (48) Victim advocate

“unresolved audit finding” applies in that section

the term “unresolved audit finding” means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. (iii) Technical assistance A recipient of grant funds under this Act that is found to have an unresolved audit finding shall be eligible to receive prompt, individualized technical assistance to resolve the audit finding and to prevent future findings, for a period not to exceed the following 2 fiscal years.

“victim advocate” applies in that section

The term “victim advocate” means a person, whether paid or serving as a volunteer, who provides services to victims of domestic violence, sexual assault, stalking, or dating violence under the auspices or supervision of a victim services program. (49) Victim assistant

“victim assistant” applies in that section

The term “victim assistant” means a person, whether paid or serving as a volunteer, who provides services to victims of domestic violence, sexual assault, stalking, or dating violence under the auspices or supervision of a court or a law enforcement or prosecution agency. (50) Victim service provider

“victim service provider” applies in that section

The term “victim service provider” means a nonprofit, nongovernmental or tribal organization or rape crisis center, including a State or tribal coalition, that assists or advocates for domestic violence, dating violence, sexual assault, or stalking victims, including domestic violence shelters, faith-based organizations, and other organizations, with a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking. (51) Victim services or services

“victim services” applies in that section

The terms “victim services” and “services” mean services provided to victims of domestic violence, dating violence, sexual assault, or stalking, including telephonic or web-based hotlines, legal assistance and legal advocacy, economic advocacy, emergency and transitional shelter, accompaniment and advocacy through medical, civil or criminal justice, immigration, and social support systems, crisis intervention, short-term individual and group support services, information and referrals, culturally specific services, population specific services, and other related supportive services. (52) Youth

“youth” applies in that section

The term “youth” means a person who is 11 to 24 years old. (b) Grant conditions (1) Match No matching funds shall be required for any grant or subgrant made under this Act for— (A) any tribe, territory, or victim service provider; or (B) any other entity, including a State, that— (i) petitions for a waiver of any match condition imposed by the Attorney General or the Secretaries of Health and Human Services or Housing and Urban Development; and (ii) whose petition for waiver is determined by the Attorney General or the Secretaries of Health and Human Services or Housing and Urban Development to have adequately demonstrated the financial need of the petitioning entity.

“qualified application” applies in that section

the term “qualified application” means an application that— (i) has been submitted by an eligible applicant; (ii) does not propose any activities that may compromise victim safety, including— (I) background checks of victims; or (II) clinical evaluations to determine eligibility for services; (iii) reflects an understanding of the dynamics of domestic violence, dating violence, sexual assault, or stalking; and (iv) does not propose prohibited activities, including mandatory services for victims.

“crime of violence” applies in that section

the term “crime of violence” means— 1 (A) an act or series of acts that would constitute a felony against the person or that would constitute a felony against property if the conduct presents a serious risk of physical injury to another, and that would come within the meaning of State or Federal offenses described in section 16 of title 18 , whether or not those acts have actually resulted in criminal charges, prosecution, or conviction and whether or not those acts were committed in the special maritime, territorial, or prison jurisdiction of the United States; and (B) includes an act or series of acts that would constitute a felony described in subparagraph (A) but for the relationship …

“crime of violence motivated by gender” applies in that section

the term “crime of violence motivated by gender” means a crime of violence committed because of gender or on the basis of gender, and due, at least in part, to an animus based on the victim’s gender; and;

“protection order” applies throughout its part

the term “protection order” includes an injunction or any other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil or criminal courts (other than support or child custody orders) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.

“domestic violence” applies in that section

the term “domestic violence” has the meaning given such term by section 10447 1 of this title. (e) Authorization of Appropriations There is authorized to be appropriated to carry out this section $500,000 for each of fiscal years 2001 through 2004.

“assisted housing” applies throughout its subpart

the term “assisted housing” means housing assisted— (A) under sections 1 1715e, 1715k, 1715 l (d)(3), 1715 l (d)(4), 1715n(e), 1715v, or 1715z–1 of title 12; (B) under section 1701s of title 12 ; (C) under section 1701q of title 12 ; (D) under section 811 of the Cranston-Gonzales 2 National Affordable Housing Act ( 42 U.S.C. 8013 ); (E) under title II of the Cranston-Gonzales 2 National Affordable Housing Act [ 42 U.S.C. 12721 et seq.]; (F) under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12901 et seq.); (G) under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C.

“continuum of care” applies throughout its subpart

the term “continuum of care” means a community plan developed to organize and deliver housing and services to meet the specific needs of people who are homeless as they move to stable housing and achieve maximum self-sufficiency;

“homeless” applies throughout its subpart

the terms “homeless”, “homeless individual”, and “homeless person”— (A) mean an individual who lacks a fixed, regular, and adequate nighttime residence; and (B) includes— (i) an individual who— (I) is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; (II) is living in a motel, hotel, trailer park, or campground due to the lack of alternative adequate accommodations; (III) is living in an emergency or transitional shelter; (IV) is abandoned in a hospital; or (V) is awaiting foster care placement; (ii) an individual who has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular …

“homeless individual” applies throughout its subpart

the terms “homeless”, “homeless individual”, and “homeless person”— (A) mean an individual who lacks a fixed, regular, and adequate nighttime residence; and (B) includes— (i) an individual who— (I) is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; (II) is living in a motel, hotel, trailer park, or campground due to the lack of alternative adequate accommodations; (III) is living in an emergency or transitional shelter; (IV) is abandoned in a hospital; or (V) is awaiting foster care placement; (ii) an individual who has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular …

“homeless person” applies throughout its subpart

the terms “homeless”, “homeless individual”, and “homeless person”— (A) mean an individual who lacks a fixed, regular, and adequate nighttime residence; and (B) includes— (i) an individual who— (I) is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; (II) is living in a motel, hotel, trailer park, or campground due to the lack of alternative adequate accommodations; (III) is living in an emergency or transitional shelter; (IV) is abandoned in a hospital; or (V) is awaiting foster care placement; (ii) an individual who has a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular …

“homeless service provider” applies in that section

the term “homeless service provider” means a nonprofit, nongovernmental homeless service provider, such as a homeless shelter, a homeless service or advocacy program, a tribal organization serving homeless individuals, or coalition or other nonprofit, nongovernmental organization carrying out a community-based homeless or housing program that has a documented history of effective work concerning homelessness;

“low-income housing assistance voucher” applies throughout its subpart

the term “low-income housing assistance voucher” means housing assistance described in section 1437f of title 42 ;

“public housing” applies throughout its subpart

the term “public housing” means housing described in section 1437a(b)(1) of title 42 ;

“public housing agency” applies throughout its subpart

the term “public housing agency” means an agency described in section 1437a(b)(6) of title 42 ;

“tribally designated housing” applies in that section

the term “tribally designated housing” means housing assistance described in the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq.); and;

“tribally designated housing entity” applies in that section

the term “tribally designated housing entity” means a housing entity described in the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103(21) ); 3

“affordable housing” applies in that section

The term “affordable housing” means housing that complies with the conditions set forth in section 12745 of title 42 . (2) Long-term housing

“long-term housing” applies in that section

The term “long-term housing” means housing that is sustainable, accessible, affordable, and safe for the foreseeable future and is— (A) rented or owned by the individual; (B) subsidized by a voucher or other program which is not time-limited and is available for as long as the individual meets the eligibility requirements for the voucher or program; or (C) provided directly by a program, agency, or organization and is not time-limited and is available for as long as the individual meets the eligibility requirements for the program, agency, or organization.

“affiliated individual” applies throughout its subpart

The term “affiliated individual” means, with respect to an individual— (A) a spouse, parent, sibling, or child of that individual, or an individual to whom that individual stands in loco parentis; or (B) any individual, tenant, or lawful occupant living in the household of that individual. (2) Appropriate agency

“appropriate agency” applies throughout its subpart

The term “appropriate agency” means, with respect to a covered housing program, the Executive department (as defined in section 101 of title 5 ) that carries out the covered housing program. (3) Covered housing program

“covered housing program” applies throughout its subpart

The term “covered housing program” means— (A) the program under section 1701q of title 12 , including the direct loan program under such section; (B) the program under section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ); (C) the program under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12901 et seq.); (D) the programs under title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 et seq.); (E) the program under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C.