cfr_sections
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41 rows where part_number = 90 and title_number = 28 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 28:28:2.0.1.1.36.1.1.1 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | A | Subpart A—General Provisions | § 90.1 General. | DOJ | [81 FR 85891, Nov. 29, 2016] | (a) This part implements certain provisions of the Violence Against Women Act (VAWA), and subsequent legislation as follows: (1) The Violence Against Women Act (VAWA), Title IV of the Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322 (Sept. 13, 1994); (2) The Violence Against Women Act of 2000 (VAWA 2000), Division B of the Victims of Trafficking and Violence Protection Act of 2000, Public Law 106-386 (Oct. 28, 2000); (3) The Violence Against Women Office Act, Title IV of the 21st Century Department of Justice Appropriations Authorization Act, Public Law 107-273 (Nov. 2, 2002); (4) The Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005), Public Law 109-162 (January 5, 2006); and, (5) The Violence Against Women Reauthorization Act of 2013 (VAWA 2013), Public Law 113-4 (Mar. 7, 2013). (b) Subpart B of this part defines program eligibility criteria and sets forth requirements for application for and administration of formula grants to States to combat violent crimes against women. This program is codified at 42 U.S.C. 3796gg through 3796gg-5 and 3796gg-8. (c) Subpart C of this part was removed on September 9, 2013. (d) Subpart D of this part defines program eligibility criteria and sets forth requirements for the discretionary Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program. (e) Subpart A of this part applies to all grants made by OVW and subgrants made under the STOP Violence Against Women Formula Program (STOP Program) and the Sexual Assault Services Formula Grant Program after the effective date of this rule. Subpart B of this part applies to all STOP Program grants issued by OVW after the effective date of the rule and to all subgrants issued by states under the STOP Program after the effective date of the rule, even if the underlying grant was issued by OVW prior to the effective date of the rule. | ||||
| 28:28:2.0.1.1.36.1.1.2 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | A | Subpart A—General Provisions | § 90.2 Definitions. | DOJ | [81 FR 85891, Nov. 29, 2016] | (a) In addition to the definitions in this section, the definitions in 42 U.S.C. 13925(a) apply to all grants awarded by the Office on Violence Against Women and all subgrants made under such awards. (b) The term “community-based program” has the meaning given the term “community-based organization” in 42 U.S.C. 13925(a). (c) The term “forensic medical examination” means an examination provided to a victim of sexual assault by medical personnel to gather evidence of a sexual assault in a manner suitable for use in a court of law. (1) The examination should include at a minimum: (i) Gathering information from the patient for the forensic medical history; (ii) Head-to-toe examination of the patient; (iii) Documentation of biological and physical findings; and (iv) Collection of evidence from the patient. (2) Any costs associated with the items listed in paragraph (c)(1) of this section, such as equipment or supplies, are considered part of the “forensic medical examination.” (3) The inclusion of additional procedures ( e.g., testing for sexually transmitted diseases) may be determined by the State, Indian tribal government, or unit of local government in accordance with its current laws, policies, and practices. (d) The term “prevention” includes both primary and secondary prevention efforts. “Primary prevention” means strategies, programming, and activities to stop both first-time perpetration and first-time victimization. Primary prevention is stopping domestic violence, dating violence, sexual assault, and stalking before they occur. “Secondary prevention” is identifying risk factors or problems that may lead to future domestic violence, dating violence, sexual assault, or stalking and taking the necessary actions to eliminate the risk factors and the potential problem. “Prevention” is distinguished from “outreach,” which has the goal of informing victims and potential victims about available services. (e) The term “prosecution” means any public agency charged with direct responsibility for prosecuti… | ||||
| 28:28:2.0.1.1.36.1.1.3 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | A | Subpart A—General Provisions | § 90.3 Participation by faith-based organizations. | DOJ | [Order No. 2703-2004, 69 FR 2841, Jan. 21, 2004] | The funds provided under this part shall be administered in compliance with the standards set forth in part 38 (Equal Treatment for Faith-based Organizations) of this chapter. | ||||
| 28:28:2.0.1.1.36.1.1.4 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | A | Subpart A—General Provisions | § 90.4 Grant conditions. | DOJ | [81 FR 85891, Nov. 29, 2016] | (a) Applicability. In addition to the grant conditions in paragraphs (b) and (c) of this section, the grant conditions in 42 U.S.C. 13925(b) apply to all grants awarded by the Office on Violence Against Women and all subgrants made under such awards. (b) Nondisclosure of confidential or private information —(1) In general. In order to ensure the safety of adult, youth, and child victims of domestic violence, dating violence, sexual assault, or stalking and their families, grantees and subgrantees under this part shall protect the confidentiality and privacy of persons receiving services. (2) Nondisclosure. (i) Subject to paragraph (b)(3) of this section, grantees and subgrantees shall not disclose any personally identifying information or individual information collected in connection with services requested, utilized, or denied through grantees' and subgrantees' programs, regardless of whether the information has been encoded, encrypted, hashed, or otherwise protected. (ii) This paragraph applies whether the information is being requested for a Department of Justice grant program or another Federal agency, State, tribal, or territorial grant program. This paragraph also limits disclosures by subgrantees to grantees, including disclosures to Statewide or regional databases. (iii) This paragraph also applies to disclosures from the victim services divisions or components of an organization, agency, or government to other non-victim service divisions within an organization, agency, or government. It also applies to disclosures from victim services divisions or components of an organization, agency, or government to the leadership of the organization, agency, or government ( e.g., executive director or chief executive). Such executives shall have access without releases only in extraordinary and rare circumstances. Such circumstances do not include routine monitoring and supervision. (3) Release. (i) Personally identifying information or individual information that is collected as described in paragra… | ||||
| 28:28:2.0.1.1.36.2.1.1 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.10 STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program—general. | DOJ | The purposes, criteria, and requirements for the STOP Violence Against Women Formula Grant Program are established by 42 U.S.C. 3796gg et seq. Eligible applicants for the program are the 50 States, American Samoa, Guam, Puerto Rico, Northern Mariana Islands, U.S. Virgin Islands, and the District of Columbia, hereinafter referred to as “States.” | |||||
| 28:28:2.0.1.1.36.2.1.10 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.19 Application content. | DOJ | (a) Format. Applications from the States for the STOP Program must be submitted as described in the annual solicitation. The Office on Violence Against Women will notify each State office as designated pursuant to § 90.11 when the annual solicitation is available. The solicitation will include guidance on how to prepare and submit an application for grants under this subpart. (b) Requirements. The application shall include all information required under 42 U.S.C. 3796gg-1(d). | |||||
| 28:28:2.0.1.1.36.2.1.11 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.21 Evaluation. | DOJ | (a) Recipients of funds under this subpart must agree to cooperate with Federally-sponsored evaluations of their projects. (b) Recipients of STOP Program funds are strongly encouraged to develop a local evaluation strategy to assess the impact and effectiveness of the program funded under the STOP Program. Funds may not be used for conducting research or evaluations. Applicants should consider entering into partnerships with research organizations that are submitting simultaneous grant applications to the National Institute of Justice for this purpose. | |||||
| 28:28:2.0.1.1.36.2.1.12 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.22 Review of State applications. | DOJ | (a) General. The provisions of Part T of the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3796gg et seq., and of this subpart provide the basis for review and approval or disapproval of State applications and amendments. (b) Intergovernmental review. This program is covered by Executive Order 12372 (Intergovernmental Review of Federal Programs) and implementing regulations at 28 CFR part 30. A copy of the application submitted to the Office on Violence Against Women should also be submitted at the same time to the State's Single Point of Contact, if there is a Single Point of Contact. | |||||
| 28:28:2.0.1.1.36.2.1.13 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.23 Annual grantee and subgrantee reporting. | DOJ | Subgrantees shall complete annual progress reports and submit them to the State, which shall review them and submit them to OVW or as otherwise directed. In addition, the State shall complete an annual progress report, including an assessment of whether or not annual goals and objectives were achieved. | |||||
| 28:28:2.0.1.1.36.2.1.14 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.24 Activities that may compromise victim safety and recovery. | DOJ | Because of the overall purpose of the STOP Program to enhance victim safety and offender accountability, grant funds may not be used to support activities that compromise victim safety and recovery. The grant program solicitation each year will provide examples of such activities. | |||||
| 28:28:2.0.1.1.36.2.1.15 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.25 Reallocation of funds. | DOJ | This section implements 42 U.S.C. 3796gg-1(j), regarding reallocation of funds. (a) Returned funds. A State may reallocate funds returned to the State, within a reasonable amount of time before the award end date. (b) Insufficient eligible applications. A State may also reallocate funds if the State does not receive sufficient eligible applications to award the full funding under the allocations in 42 U.S.C. 3796gg-1(c)(4). An “eligible” application is one that is from an eligible entity that has the capacity to perform the proposed services, proposes activities within the scope of the program, and does not propose significant activities that compromise victim safety. States should have the following information on file to document the lack of sufficient eligible applications: (1) A copy of their solicitation; (2) Documentation on how the solicitation was distributed, including all outreach efforts to entities from the allocation in question, which entities the State reached out to that did not apply, and, if known, why those entities did not apply; (3) An explanation of their selection process; (4) A list of who participated in the selection process (name, title, and employer); (5) Number of applications that were received for the specific allocation category; (6) Information about the applications received, such as what agency or organization they were from, how much money they were requesting, and any reasons the applications were not funded; (7) If applicable, letters from any relevant State-wide body explaining the lack of applications, such as from the State Court Administrator if the State is seeking to reallocate money from courts; and (8) For the culturally specific allocation, in addition to the items in paragraphs (b)(1) through (7) of this section, demographic statistics of the relevant racial and ethnic minority groups within the State and documentation that the State has reached out to relevant organizations within the State or national organizations. | |||||
| 28:28:2.0.1.1.36.2.1.2 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.11 State office. | DOJ | (a) Statewide plan and application. The chief executive of each participating State shall designate a State office for the purposes of: (1) Certifying qualifications for funding under this program; (2) Developing a Statewide plan for implementation of the STOP Violence Against Women Formula Grants as described in § 90.12; and (3) Preparing an application to receive funds under this program. (b) Administration and fund disbursement. In addition to the duties specified by paragraph (a) of this section, the State office shall administer funds received under this program, including receipt, review, processing, monitoring, progress and financial report review, technical assistance, grant adjustments, accounting, auditing, and fund disbursements. (c) Allocation requirement. (1) The State office shall allocate funds as provided in 42 U.S.C. 3796gg-1(c)(4) to courts and for law enforcement, prosecution, and victim services (including funds that must be awarded to culturally specific community-based organizations). (2) The State office shall ensure that the allocated funds benefit law enforcement, prosecution and victim services and are awarded to courts and culturally specific community-based organizations. In ensuring that funds benefit the appropriate entities, if funds are not subgranted directly to law enforcement, prosecution, and victim services, the State must require demonstration from the entity to be benefitted in the form of a memorandum of understanding signed by the chief executives of both the entity and the subgrant recipient, stating that the entity supports the proposed project and agrees that it is to the entity's benefit. (3) Culturally specific allocation: 42 U.S.C. 13925 defines “culturally specific” as primarily directed toward racial and ethnic minority groups (as defined in 42 U.S.C. 300u-6(g)). An organization will qualify for funding for the culturally specific allocation if its primary mission is to address the needs of racial and ethnic minority groups or if it has developed a spe… | |||||
| 28:28:2.0.1.1.36.2.1.3 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.12 Implementation plans. | DOJ | (a) In general. Each State must submit a plan describing its identified goals under this program and how the funds will be used to accomplish those goals. The plan must include all of the elements specified in 42 U.S.C. 3796gg-1(i). The plan will cover a four-year period. In years two through four of the plan, each State must submit information on any updates or changes to the plan, as well as updated demographic information. (b) Consultation and coordination. In developing and updating this plan, a State must consult and coordinate with the entities specified in 42 U.S.C. 3796gg-1(c)(2). (1) This consultation process must include at least one sexual assault victim service provider and one domestic violence victim service provider and may include other victim service providers. (2) In determining what population specific organizations, representatives from underserved populations, and culturally specific organizations to include in the consultation process, States should consider the demographics of their State as well as barriers to service, including historical lack of access to services, for each population. The consultation process should involve any significant underserved and culturally specific populations in the State, including organizations working with lesbian, gay, bisexual, and transgender (LGBT) people and organizations that focus on people with limited English proficiency. If the State does not have any culturally specific or population specific organizations at the State or local level, the State may use national organizations to collaborate on the plan. (3) States must invite all State or federally recognized tribes to participate in the planning process. Tribal coalitions and State or regional tribal consortia may help the State reach out to the tribes but cannot be used as a substitute for consultation with all tribes. (4) States are encouraged to include survivors of domestic violence, dating violence, sexual assault, and stalking in the planning process. States that include survivors… | |||||
| 28:28:2.0.1.1.36.2.1.4 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.13 Forensic medical examination payment requirement. | DOJ | (a) To be eligible for funding under this program, a State must meet the requirements at 42 U.S.C. 3796gg-4(a)(1) with regard to incurring the full out-of-pocket costs of forensic medical examinations for victims of sexual assault. (b) “Full out-of-pocket costs” means any expense that may be charged to a victim in connection with a forensic medical examination for the purpose of gathering evidence of a sexual assault ( e.g., the full cost of the examination, an insurance deductible, or a fee established by the facility conducting the examination). For individuals covered by insurance, full out-of-pocket costs means any costs that the insurer does not pay. (c) Coverage of the cost of additional procedures ( e.g., testing for sexually transmitted diseases) may be determined by the State or governmental entity responsible for paying the costs. (d) States are strongly discouraged from billing a victim's private insurance and may only do so as a source of payment for the exams if they are not using STOP Program funds to pay for the cost of the exams. In addition, any expenses not covered by the insurer must be covered by the State or other governmental entity and cannot be billed to the victim. This includes any deductibles or denial of claims by the insurer. (e) The State or other governmental entity responsible for paying the costs of forensic medical exams must coordinate with health care providers in the region to notify victims of sexual assault of the availability of rape exams at no cost to the victims. States can meet this obligation by partnering with associations that are likely to have the broadest reach to the relevant health care providers, such as forensic nursing or hospital associations. States with significant tribal populations should also consider reaching out to local Indian Health Service facilities. | |||||
| 28:28:2.0.1.1.36.2.1.5 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.14 Judicial notification requirement. | DOJ | (a) To be eligible for funding under this program, a State must meet the requirements of 42 U.S.C. 3796gg-4(e) with regard to judicial notification to domestic violence offenders of Federal prohibitions on their possession of a firearm or ammunition in 18 U.S.C. 922(g)(8) and (9) and any applicable related Federal, State, or local laws.. (b) A unit of local government shall not be eligible for subgrants from the State unless it complies with the requirements of 42 U.S.C. 3796gg-4(e) with respect to its judicial administrative policies and practices. | |||||
| 28:28:2.0.1.1.36.2.1.6 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.15 Costs for criminal charges and protection orders. | DOJ | (a) To be eligible for funding under this program, a State must meet the requirements of 42 U.S.C. 3796gg-5 with regard to not requiring victims to bear the costs for criminal charges and protection orders in cases of domestic violence, dating violence, sexual assault, or stalking. (b) An Indian tribal government, unit of local government, or court shall not be eligible for subgrants from the State unless it complies with the requirements of 42 U.S.C. 3796gg-5 with respect to its laws, policies, and practices not requiring victims to bear the costs for criminal charges and protection orders in cases of domestic violence, dating violence, sexual assault, or stalking. | |||||
| 28:28:2.0.1.1.36.2.1.7 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.16 Polygraph testing prohibition. | DOJ | (a) For a State to be eligible for funding under this program, the State must meet the requirements of 42 U.S.C. 3796gg-8 with regard to prohibiting polygraph testing of sexual assault victims. (b) An Indian tribal government or unit of local government shall not be eligible for subgrants from the State unless it complies with the requirements of 42 U.S.C. 3796gg-8 with respect to its laws, policies, or practices prohibiting polygraph testing of sexual assault victims. | |||||
| 28:28:2.0.1.1.36.2.1.8 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.17 Subgranting of funds. | DOJ | (a) In general. Funds granted to qualified States are to be further subgranted by the State to agencies, offices, and programs including, but not limited to, State agencies and offices; State and local courts; units of local government; public agencies; Indian tribal governments; victim service providers; community-based organizations; and legal services programs to carry out programs and projects to develop and strengthen effective law enforcement and prosecution strategies to combat violent crimes against women, and to develop and strengthen victim services in cases involving violent crimes against women, and specifically for the purposes listed in 42 U.S.C. 3796gg(b) and according to the allocations specified in 42 U.S.C. 3796gg-1(c)(4) for law enforcement, prosecution, victim services, and courts. (b) Administrative costs. States are allowed to use up to ten percent of the award amount for each allocation category under 42 U.S.C. 3796gg-1(c)(4) (law enforcement, prosecution, courts, victim services, and discretionary) to support the State's administrative costs. Amounts not used for administrative costs should be used to support subgrants. (1) Funds for administration may be used only for costs directly associated with administering the STOP Program. Where allowable administrative costs are allocable to both the STOP Program and another State program, the STOP Program grant may be charged no more than its proportionate share of such costs. (2) Costs directly associated with administering the STOP Program generally include the following: (i) Salaries and benefits of State office staff and consultants to administer and manage the program; (ii) Training of State office staff, including, but not limited to, travel, registration fees, and other expenses associated with State office staff attendance at technical assistance meetings and conferences relevant to the program; (iii) Monitoring compliance of STOP Program subgrantees with Federal and State requirements, provision of technical assistance, and eva… | |||||
| 28:28:2.0.1.1.36.2.1.9 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | B | Subpart B—The STOP (Services * Training * Officers * Prosecutors) Violence Against Women Formula Grant Program | § 90.18 Matching funds. | DOJ | (a) In general. Subject to certain exclusions, States are required to provide a 25-percent non-Federal match. This does not apply to territories. This 25-percent match may be cash or in-kind services. States are expected to submit written documentation that identifies the source of the match. Funds awarded to victim service providers for victim services or to tribes are excluded from the total award amount for purposes of calculating match. This includes funds that are awarded under the “discretionary” allocation for victim services purposes and funds that are reallocated from other categories to victim services. (b) In-kind match. In-kind match may include donations of expendable equipment; office supplies; workshop or education and training materials; work space; or the monetary value of time contributed by professional and technical personnel and other skilled and unskilled labor, if the services provided are an integral and necessary part of a funded project. Value for in-kind match is guided by 2 CFR 200.306. The value placed on loaned equipment may not exceed its fair rental value. The value placed on donated services must be consistent with the rate of compensation paid for similar work in the organization or the labor market. Fringe benefits may be included in the valuation. Volunteer services must be documented and, to the extent feasible, supported by the same valuation methods used by the recipient organization for its own employees. The value of donated space may not exceed the fair rental value of comparable space, as established by an independent appraisal of comparable space and facilities in a privately owned building in the same locality. The value for donated supplies shall be reasonable and not exceed the fair market value at the time of the donation. The basis for determining the value of personal services, materials, equipment, and space must be documented. (c) Tribes and victim services providers. States may not require match to be provided in subgrants for Indian tribes or victim se… | |||||
| 28:28:2.0.1.1.36.3.1.1 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.30 Definitions. | DOJ | The definitions in 25 U.S.C. 1304(a) apply to the Reimbursement to Tribal Governments for Expenses Incurred in Exercising Special Tribal Criminal Jurisdiction (hereinafter referred to as “the Tribal Reimbursement Program” or “this program”). | |||||
| 28:28:2.0.1.1.36.3.1.10 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.39 Expenses documentation. | DOJ | Documentation of expenses retained on file by participating Tribes pursuant to sections 90.34 and 90.35 must be adequate for an audit. At a minimum, participating Tribes must retain the general accounting ledger and all supporting documents, including invoices, sales receipts, or other proof of expenses incurred for those expenses reimbursed by the Tribal Reimbursement Program. Such records must be retained for a period of three years from the end of the calendar year during which the participating Tribe sought reimbursement. All financial records pertinent to the Tribal Reimbursement Program, including the general accounting ledger and all supporting documents, are subject to agency review during the calendar year in which reimbursement is sought, during any audit, and for the three-year retention period. | |||||
| 28:28:2.0.1.1.36.3.1.11 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.40 Other sources of funding. | DOJ | If there are other sources of federal funding available to pay for a particular cost associated with the exercise of STCJ, participating Tribes must expend funds from those sources before seeking reimbursement from this program. Examples include existing Department of Justice grant funds, Medicare/Medicaid, and Bureau of Indian Affairs funding. | |||||
| 28:28:2.0.1.1.36.3.1.12 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.41 Denial of specific expenses for reimbursement. | DOJ | If reimbursement of specific expenses is denied, the participating Tribe may request review of the denial via a letter to the OVW Director stating the reason why the denied expense was eligible for reimbursement. OVW must receive the letter within 30 calendar days of the denial. The OVW Director will review the letter and notify the participating Tribe of a final decision within 30 days of receipt of the letter. | |||||
| 28:28:2.0.1.1.36.3.1.13 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.42 Monitoring and audit. | DOJ | Tribes receiving reimbursement of expenses under the Tribal Reimbursement Program will be subject to regular monitoring and audits to ensure that expenses are properly documented and are allocable to the exercise of STCJ. | |||||
| 28:28:2.0.1.1.36.3.1.14 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.43 Corrective action. | DOJ | Reimbursement requests later found not to meet statutory, regulatory, or other program requirements may result in a corrective action plan and/or recovery/recoupment. Participating Tribes that fail to submit the required summary of eligible expenses under §§ 90.34 and 90.35, respond to requests for information during monitoring or auditing, or follow a corrective action plan or return funds expended on ineligible expenses will be deemed ineligible for additional Tribal Reimbursement Program funds, in the same or another calendar year, until such deficiencies are remedied. | |||||
| 28:28:2.0.1.1.36.3.1.2 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.31 Eligibility. | DOJ | (a) Tribal governments eligible to seek reimbursement under this program are the governments of Tribal entities recognized by and eligible for funding and services from the Bureau of Indian Affairs by virtue of their status as Indian Tribes, that exercise Special Tribal Criminal Jurisdiction (STCJ), as defined by 25 U.S.C. 1304(a)(14) or section 812(5) of Public Law 117-103 (“participating Tribes”). (b) Tribes that are in the planning phases prior to implementing STCJ are not eligible for reimbursement of planning costs from this program. (c) Participating Tribes that are currently exercising jurisdiction over non-Indian offenders who commit any covered crime, as defined by 25 U.S.C. 1304(a)(5), and are in the planning phase to exercise jurisdiction over additional covered crimes are eligible for reimbursement with regard to the cases for which they already are exercising jurisdiction but not for planning costs. | |||||
| 28:28:2.0.1.1.36.3.1.3 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.32 Reimbursement request. | DOJ | Each year for which funds are available for the Tribal Reimbursement Program, the Office on Violence Against Women (OVW) will issue a Notice of Reimbursement Opportunity with instructions on how to apply for the maximum allowable reimbursement. The reimbursement request for each participating Tribe will include a certification that the participating Tribe meets the eligibility requirements of § 90.31. It will also include a list of expenses that the participating Tribe incurred in exercising STCJ in the previous year, in categories such as law enforcement, prosecution, indigent defense, pre-trial services, corrections, and probation. If a participating Tribe has newly implemented tribal criminal jurisdiction over non-Indians and therefore cannot submit 12 months' worth of expenses for the prior year, the participating Tribe may use estimated amounts for each category of expenses. | |||||
| 28:28:2.0.1.1.36.3.1.4 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.33 Division of funds: maximum allowable reimbursement and waivers. | DOJ | OVW will set aside for this program up to 40 percent of funds appropriated pursuant to 25 U.S.C. 1304(j), unless otherwise provided by law. The funds set aside for the Tribal Reimbursement Program will be divided into two parts: one part that will guarantee the availability of funds for each participating Tribe that requests reimbursement up to the maximum allowable reimbursement, and one part that will fund waivers of the maximum. In the first year that OVW administers appropriated funds for this program, OVW will allot 25 percent of Tribal Reimbursement Program funds for maximum allowable reimbursements. In subsequent years, OVW may adjust this percentage, based on the appropriations available, the number of participating Tribes, the extent to which participating Tribes expend the maximum allowable reimbursement in the prior year, and the total dollar amount of waivers requested during the prior year. OVW also may consider whether demand for grant funds under the Tribal Jurisdiction Program warrants adjusting this percentage. | |||||
| 28:28:2.0.1.1.36.3.1.5 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.34 Annual maximum allowable reimbursement per participating Tribe. | DOJ | Each participating Tribe will receive access to an equal portion of the funds set aside for maximum allowable reimbursements under § 90.33 ( e.g., 25 percent of the total funds available for the Tribal Reimbursement Program), unless their prior year expenses were less than the maximum amount, in which case they will be limited to the actual amount of their prior year expenses. Over the course of a calendar year, participating Tribes may draw down funds from the maximum allowable reimbursement as needed for eligible expenses as described in § 90.36. Participating Tribes are not required to provide documentation at the time they draw down from the maximum allowable reimbursement. Participating Tribes must provide a summary of eligible expenses at the end of the calendar year, which must identify actual expenditures eligible for reimbursement, including dollar amounts for each expenditure and how they were calculated, and must keep documentation on file to support each claimed expense. Such documentation must be sufficient to meet the standards that 2 CFR part 200 provides for grants. | |||||
| 28:28:2.0.1.1.36.3.1.6 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.35 Conditions for waiver of annual maximum. | DOJ | (a) If participating Tribes incur eligible expenses in excess of their annual maximum allowable reimbursement, they may request a waiver of the annual maximum at the end of the calendar year. Requests for a waiver must include the summary of eligible expenses required by section 90.34 that shows how the maximum allowable reimbursement funds were spent and an additional summary of eligible expenses that identifies actual expenditures eligible for reimbursement in excess of the maximum, including dollar amounts for each expenditure and how they were calculated. Participating Tribes are not required to provide documentation at the end of the calendar year when they submit their waiver request but must keep documentation on file to support each claimed expense. Such documentation must be sufficient to meet the standards that 2 CFR part 200 provides for grants. (b) Waivers will be calculated at the end of the calendar year based on available funds. If there are not sufficient funds available to reimburse the total eligible expenses requested by all participating Tribes, each Tribe will get the same percentage of their additional costs met. This percentage will be calculated by comparing the funds available and the total amount requested for waivers. | |||||
| 28:28:2.0.1.1.36.3.1.7 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.36 Categories of expenses eligible for reimbursement. | DOJ | Participating Tribes may apply for the maximum allowable reimbursement and waiver funds for the following expenses associated with the exercise of STCJ for each calendar year. For an expense to be eligible, the cost must be incurred in response to a report of a covered crime committed by a non-Indian, but there does not need to be an arrest or a prosecution for the offense. The summary of eligible expenses submitted each year must demonstrate how costs were calculated. Following are examples of types of eligible costs that participating Tribes may include and basis for calculations. (a) Law enforcement expenses such as officer time (including response, interviews, follow-up, report writing, and court time); sexual assault kits or other evidentiary supplies; and testing, analysis, and storage of evidence. Requests for reimbursement must be based on actual costs attributed to SCTJ cases. (b) Incarceration expenses such as prison and jail costs and prisoner transportation costs, whether through contract or Tribally owned facilities. Requests for reimbursement must be based on actual costs attributed to STCJ cases and may be based on per diem costs for housing non-Indian offenders. (c) Offender medical and dental expenses not otherwise covered by insurance policies or federal sources such as Medicaid, including costs for insurance for offenders. Requests for reimbursement must be based on actual costs attributed to STCJ cases. (d) Prosecution expenses such as staff time (including meetings, interviews, filings, research, preparation, court, and other time that can be demonstrated as allocable to prosecuting a covered crime); expert witness fees; exhibits; witness costs; and copying costs. Requests for reimbursement must be based on actual costs attributed to STCJ cases. (e) Defense counsel expenses such as staff time (including meetings, interviews, filings, research, preparation, court, and other time that can be demonstrated as allocable to defending one or more non-Indian offenders charged with one or more co… | |||||
| 28:28:2.0.1.1.36.3.1.8 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.37 Ineligible expenses. | DOJ | Participating Tribes are not permitted to request reimbursement for the following: (a) Planning: Expenses associated with planning to exercise STCJ, such as code drafting. (b) Training, including costs for training criminal justice personnel, court personnel, or others. (c) Any expenses not incurred in, relating to, or associated with exercising STCJ. | |||||
| 28:28:2.0.1.1.36.3.1.9 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | C | Subpart C—Reimbursement to Tribal Governments for Expenses Incurred Exercising Special Tribal Criminal Jurisdiction | § 90.38 Collection of expenses from offenders. | DOJ | If a participating Tribe recoups expenses related to exercise of STCJ from the convicted offenders prior to receiving reimbursement for such expenses, then the recouped funds shall be used prior to seeking reimbursement through the Tribal Reimbursement Program. If a participating Tribe recoups expenses related to exercise of STCJ from the convicted offenders subsequent to receiving reimbursement for such expenses, such funds must be used toward exercise of STCJ. | |||||
| 28:28:2.0.1.1.36.4.1.1 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | D | Subpart D—Grants to Encourage Arrest Policies and Enforcement of Protection Orders | § 90.60 Scope. | DOJ | The eligibility criteria, purpose areas, application requirements, and statutory priorities for this program are established by 42 U.S.C. 3796hh et seq. | |||||
| 28:28:2.0.1.1.36.4.1.2 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | D | Subpart D—Grants to Encourage Arrest Policies and Enforcement of Protection Orders | § 90.61 Definitions and grant conditions. | DOJ | (a) In general. For purposes of this subpart, the definitions and grant conditions in 42 U.S.C. 13925 apply. (b) Unit of local government. For the purpose of this subpart, a unit of local government is any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State. The following are not considered units of local government for purposes of this subpart: (1) Police departments; (2) Pre-trial service agencies; (3) District or city attorneys' offices; (4) Sheriffs' departments; (5) Probation and parole departments; (6) Shelters; (7) Nonprofit, nongovernmental victim service providers; and (8) Universities. | |||||
| 28:28:2.0.1.1.36.4.1.3 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | D | Subpart D—Grants to Encourage Arrest Policies and Enforcement of Protection Orders | § 90.62 Purposes. | DOJ | (a) Purpose areas for the program are provided by 42 U.S.C. 3796hh(b). (b) Grants awarded for these purposes must demonstrate meaningful attention to victim safety and offender accountability. | |||||
| 28:28:2.0.1.1.36.4.1.4 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | D | Subpart D—Grants to Encourage Arrest Policies and Enforcement of Protection Orders | § 90.63 Eligibility. | DOJ | (a) Eligible entities. Eligible entities are described in 42 U.S.C. 3796hh(c). (b) Certifications —(1) State, local, and tribal governments. State, local, and tribal government applicants must certify that they meet the requirements of 42 U.S.C. 3796hh(c)(A)-(E) or that they will meet the requirements by the statutory deadline. (2) Courts. Court applicants must certify that they meet the requirements of 42 U.S.C. 3796hh(c)(C)-(E) or that they will meet the requirements by the statutory deadline. (3) State, tribal, or territorial domestic violence or sexual assault coalitions or victim service providers. Applicants that are domestic violence or sexual assault coalitions or other victim service providers must partner with a State, local, or tribal government. The partner government must certify that it meets the requirements of 42 U.S.C. 3796hh(c)(A)-(E) or that it will meet the requirements by the statutory deadline. (4) Letters. Eligible applicants or partners must submit a letter with proper certifications signed by the chief executive officer of the State, local government, or tribal government participating in the project, in order to satisfy these statutory requirements. OVW will not accept submission of statutes, laws or policies in lieu of such a letter. (c) Partnerships —(1) Governments and courts. All State, local, and tribal government and court applicants are required to enter into a formal collaboration with victim service providers and, as appropriate, population specific organizations. Sexual assault, domestic violence, dating violence, or stalking victim service providers must be involved in the development and implementation of the project. In addition to the requirements of 42 U.S.C. 13925, victim service providers should meet the following criteria: (i) Address a demonstrated need in their communities by providing services that promote the dignity and self-sufficiency of victims, improve their access to resources, and create options for victims seeking safety from perpetrator … | |||||
| 28:28:2.0.1.1.36.4.1.5 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | D | Subpart D—Grants to Encourage Arrest Policies and Enforcement of Protection Orders | § 90.64 Speedy notice to victims. | DOJ | (a) In general. A State or unit of local government shall not be entitled to 5 percent of the funds allocated under this subpart, unless the State or unit of local government certifies that it meets the requirements regarding speedy notice to victims provided in 42 U.S.C. 3796hh(d). (b) Units of local governments. (1) Units of local government grantees may certify based on State or local law, policy, or regulation. (2) In the event that a unit of local government does not have authority to prosecute “crime[s] in which by force or threat of force the perpetrator compels the victim to engage in sexual activity[,]” the unit of local government may submit a letter from an appropriate legal authority in the jurisdiction certifying that the jurisdiction does not have the authority to prosecute “crime[s] in which by force or threat of force the perpetrator compels the victim to engage in sexual activity” and that therefore the certification is not relevant to the unit of local government in question. | |||||
| 28:28:2.0.1.1.36.4.1.6 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | D | Subpart D—Grants to Encourage Arrest Policies and Enforcement of Protection Orders | § 90.65 Application content. | DOJ | (a) Format. Applications from eligible entities must be submitted as described in the relevant program solicitation developed by the Office on Violence Against Women and must include all the information required by 42 U.S.C. 3796hh-1(a). (b) Certification. Each eligible applicant must certify that all the information contained in the application is correct. All submissions will be treated as a material representation of fact upon which reliance will be placed, and any false or incomplete representation may result in suspension or termination of funding, recovery of funds provided, and civil and/or criminal sanctions. | |||||
| 28:28:2.0.1.1.36.4.1.7 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | D | Subpart D—Grants to Encourage Arrest Policies and Enforcement of Protection Orders | § 90.66 Evaluation. | DOJ | (a) Recipients of Arrest Program funds must agree to cooperate with federally-sponsored research and evaluation studies of their projects at the direction of the Office on Violence Against Women. (b) Grant funds may not be used for purposes of conducting research or evaluations. Recipients of Arrest Program funds are, however, strongly encouraged to develop a local evaluation strategy to assess the impact and effectiveness of their projects. Applicants should consider entering into partnerships with research organizations that are submitting simultaneous grant applications to the National Institute of Justice or other research funding sources for this purpose. | |||||
| 28:28:2.0.1.1.36.4.1.8 | 28 | Judicial Administration | I | 90 | PART 90—VIOLENCE AGAINST WOMEN | D | Subpart D—Grants to Encourage Arrest Policies and Enforcement of Protection Orders | § 90.67 Review of applications. | DOJ | The provisions of 42 U.S.C. 3796 et seq. and this subpart provide the basis for review and approval or disapproval of applications and amendments in whole or in part. |
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