34 USC 10462a – Grants to State and Tribal courts to implement protection order pilot programs
(a) Definition of eligible entity
In this section, the term “eligible entity” means a State or Tribal court that is part of a multidisciplinary partnership that includes, to the extent practicable—
(1) a State, Tribal, or local law enforcement agency;
(2) a State, Tribal, or local prosecutor’s office;
(3) a victim service provider or State or Tribal domestic violence coalition;
(4) a provider of culturally specific services;
(5) a nonprofit program or government agency with demonstrated experience in providing legal assistance or legal advice to victims of domestic violence and sexual assault;
(6) the bar association of the applicable State or Indian Tribe;
(7) the State or Tribal association of court clerks;
(8) a State, Tribal, or local association of criminal defense attorneys;
(9) not fewer than 2 individuals with expertise in the design and management of court case management systems and systems of integration;
(10) not fewer than 2 State or Tribal court judges with experience in—
(A) the field of domestic violence; and
(B) issuing protective orders; and
(11) a judge assigned to the criminal docket of the State or Tribal court.
(b) Grants authorized
(1) In general
The Attorney General shall make grants to eligible entities to carry out the activities described in subsection (c) of this section.
(2) Number
The Attorney General may award not more than 10 grants under paragraph (1).
(3) Amount
The amount of a grant awarded under paragraph (1) may be not more than $1,500,000.
(c) Mandatory activities
(1) In general
An eligible entity that receives a grant under this section shall use the grant funds, in consultation with the partners of the eligible entity described in subsection (a), to—
(A) develop and implement a program for properly and legally serving protection orders through electronic communication methods to—
(i) modernize the service process and make the process more effective and efficient;
(ii) provide for improved safety of victims; and
(iii) make protection orders enforceable as quickly as possible;
(B) develop best practices relating to the service of protection orders through electronic communication methods;
(C) ensure that the program developed under subparagraph (A) complies with due process requirements and any other procedures required by law or by a court; and
(D) implement any technology necessary to carry out the program developed under subparagraph (A), such as technology to verify and track the receipt of a protection order by the intended party.
(2) Timeline
An eligible entity that receives a grant under this section shall—
(A) implement the program required under paragraph (1)(A) not later than 2 years after the date on which the eligible entity receives the grant; and
(B) carry out the program required under paragraph (1)(A) for not fewer than 3 years.
(d) Diversity of recipients
Terms Used In 34 USC 10462a
- association: when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such company or association" in like manner as if these last-named words, or words of similar import, were expressed. See 1 USC 5
- Attorney General: means the Attorney General of the United States or his designee. See 34 USC 10251
- court: means a tribunal recognized as a part of the judicial branch of a State or of its local government units. See 34 USC 10251
- Docket: A log containing brief entries of court proceedings.
- Indian Tribe: has the meaning given the term "Indian tribe" in section 5304(e) of title 25. See 34 USC 10251
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- population: means total resident population based on data compiled by the United States Bureau of the Census and referable to the same point or period in time. See 34 USC 10251
- State: means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands: Provided, That for the purposes of section 10156(a) of this title, American Samoa and the Commonwealth of the Northern Mariana Islands shall be considered as one state 1 and that for these purposes 67 per centum of the amounts allocated shall be allocated to American Samoa, and 33 per centum to the Commonwealth of the Northern Mariana Islands. See 34 USC 10251
The Attorney General shall award grants under this section to eligible entities in a variety of areas and situations, including, to the extent practicable—
(1) a State court that serves a population of not fewer than 1,000,000 individuals;
(2) a State court that—
(A) serves a State that is among the 7 States with the lowest population density in the United States; and
(B) has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General;
(3) a State court that—
(A) serves a State that is among the 7 States with the highest population density in the United States; and
(B) has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General;
(4) a court that uses an integrated, statewide case management system;
(5) a court that uses a standalone case management system;
(6) a Tribal court; and
(7) a court that primarily serves a culturally specific and underserved population.
(e) Application
(1) In general
An eligible entity desiring a grant under this section shall submit to the Attorney General an application that includes—
(A) a description of the process that the eligible entity uses for service of protection orders at the time of submission of the application;
(B) to the extent practicable, statistics relating to protection orders during the 3 calendar years preceding the date of submission of the application, including rates of—
(i) successful service; and
(ii) enforcement;
(C) an initial list of the entities serving as the partners of the eligible entity described in subsection (a); and
(D) any other information the Attorney General may reasonably require.
(2) No other application required
An eligible entity shall not be required to submit an application under section 10462 of this title to receive a grant under this section.
(f) Report to Attorney General
(1) Initial report
Not later than 2 years after the date on which an eligible entity receives a grant under this section, the eligible entity shall submit to the Attorney General a report that details the plan of the eligible entity for implementation of the program under subsection (c).
(2) Subsequent reports
(A) In general
Not later than 1 year after the date on which an eligible entity implements a program under subsection (c), and not later than 2 years thereafter, the eligible entity shall submit to the Attorney General a report that describes the program, including, with respect to the program—
(i) the viability;
(ii) the cost;
(iii) service statistics;
(iv) the challenges;
(v) an analysis of the technology used to fulfill the goals of the program;
(vi) an analysis of any legal or due process issues resulting from the electronic service method described in subsection (c)(1)(A); and
(vii) best practices for implementing such a program in other similarly situated locations.
(B) Contents of final report
An eligible entity shall include in the second report submitted under subparagraph (A) recommendations for—
(i) future nationwide implementation of the program implemented by the eligible entity; and
(ii) usage of electronic service, similar to the service used by the eligible entity, for other commonly used court orders, including with respect to viability and cost.
(g) No regulations or guidelines required
Notwithstanding section 10464 of this title, the Attorney General shall not be required to publish regulations or guidelines implementing this section.
(h) Authorization of appropriations
There is authorized to be appropriated to carry out this section $10,000,000 for fiscal years 2023 through 2027.