INTRODUCTION The STOP (Services • Training • Officers • Prosecutors) Violence
Against Women Formula Grant Program (STOP Program) promotes a coordinated, multidisciplinary approach to improving the criminal
justice system's response to violent crimes against women. The STOP Program encourages the development and strengthening
of effective law enforcement and prosecution strategies to address violent crimes against women and the development and strengthening
of victim services in cases involving violent crimes against women. The STOP Program was initially authorized under
the Violence Against Women Act of 1994 (VAWA) and reauthorized and amended by the Violence Against Women Act of 2000 (VAWA
2000) and by the Violence Against Women Act of 2005 (VAWA 2005). The STOP Program is administered by the Office on Violence
Against Women (OVW), U.S. Department of Justice. SCOPE OF PROGRAM STOP formula grants and subgrants
are intended for use by states; state, local, and tribal courts; Indian tribal governments; units of local government; and
nonprofit, nongovernmental victim services programs. Grants and subgrants supported through this program must meet one or
more of the following statutory program purpose areas: - Training law enforcement officers, judges, other court
personnel, and prosecutors to more effectively identify and respond to violent crimes against women, including the crimes
of sexual assault, domestic violence, and dating violence;
- Developing, training, or expanding units of
law enforcement officers, judges, other court personnel, and prosecutors specifically targeting violent crimes against women,
including the crimes of sexual assault and domestic violence;
- Developing and implementing more effective
police, court, and prosecution policies, protocols, orders, and services specifically devoted to preventing, identifying,
and responding to violent crimes against women, including the crimes of sexual assault and domestic violence;
- Developing,
installing, or expanding data collection and communication systems, including computerized systems, linking police, prosecutors,
and courts or for the purpose of identifying and tracking arrests, protection orders, violations of protection orders, prosecutions,
and convictions for violent crimes against women, including the crimes of sexual assault and domestic violence;
- Developing,
enlarging, or strengthening victim services programs, including sexual assault, domestic violence, and dating violence programs,
developing or improving delivery of victim services to underserved populations, providing specialized domestic violence court
advocates in courts where a significant number of protection orders are granted, and increasing reporting and reducing attrition
rates for cases involving violent crimes against women, including crimes of sexual assault, domestic violence, and dating
violence;
- Developing, enlarging, or strengthening programs addressing stalking;
- Developing,
enlarging, or strengthening programs addressing the needs and circumstances of Indian tribes in dealing with violent crimes
against women, including the crimes of sexual assault and domestic violence;
- Supporting formal and informal
statewide, multidisciplinary efforts, to the extent not supported by state funds, to coordinate the response of state law
enforcement agencies, prosecutors, courts, victim services agencies, and other state agencies and departments, to violent
crimes against women, including the crimes of sexual assault, domestic violence, and dating violence;
- Training
of sexual assault forensic medical personnel examiners in the collection and preservation of evidence, analysis, prevention,
and providing expert testimony and treatment of trauma related to sexual assault;
- Developing, enlarging,
or strengthening programs to assist law enforcement, prosecutors, courts, and others to address the needs and circumstances
of older and disabled women who are victims of domestic violence or sexual assault, including recognizing, investigating,
and prosecuting instances of such violence or assault and targeting outreach and support, counseling, and other victim services
to such older and disabled individuals;
- Providing assistance to victims of domestic violence and sexual
assault in immigration matters;
- Maintaining core victim services and criminal justice initiatives, while
supporting complementary new initiatives and emergency services for victims and their families;
- Supporting
the placement of special victim assistants (to be known as "Jessica Gonzales Victim Assistants") in local law enforcement
agencies to serve as liaisons between victims of domestic violence, dating violence, sexual assault, and stalking and personnel
in local law enforcement agencies in order to improve the enforcement of protection orders. Jessica Gonzales Victim Assistants
shall have expertise in domestic violence, dating violence, sexual assault, or stalking and may undertake the following activities-
- Developing, in collaboration with prosecutors, courts, and victim service providers, standardized response
policies for local law enforcement agencies, including triage protocols to ensure that dangerous or potentially lethal cases
are identified and prioritized;
- Notifying persons seeking enforcement of protection orders as to what
responses will be provided by the relevant law enforcement agency;
- Referring persons seeking enforcement
of protection orders to supplementary services (such as emergency shelter programs, hotlines, or legal assistance services);
and
- Taking other appropriate action to assist or secure the safety of the person seeking enforcement of
a protection order; and
- To provide funding to law enforcement agencies, nonprofit nongovernmental
victim services providers, and State, tribal, territorial, and local governments, (which funding stream shall be known as
the Crystal Judson Domestic Violence Protocol Program) to promote-
- The development and
implementation of training for local victim domestic violence service providers, and to fund victim services personnel, to
be known as "Crystal Judson Victim Advocates," to provide supportive services and advocacy for victims of domestic
violence committed by law enforcement personnel:
- The implementation of protocols within
law enforcement agencies to ensure consistent and effective responses to the commission of domestic violence by personnel
within such agencies (such as the model policy promulgated by the International Association of Chiefs of Police['Domestic
Violence by Police Officers: A Policy of the IACP, Police Response to Violence Against Women Project' July 2003]1;
- The development of such protocols in collaboration with State, tribal, territorial
and local victim services providers and domestic violence coalitions.
PROGRAM PRIORITIES
The emphasis of the STOP Program continues to be on the implementation of comprehensive strategies addressing violence
against women that are sensitive to the needs and safety of victims and hold offenders accountable for their crimes. States
and territories should seek to carry out these strategies by forging lasting partnerships between the criminal justice system
and victim advocacy organizations and by encouraging communities to look beyond traditional resources and to look to new partners,
such as faith-based and community organizations, to respond more vigorously to domestic violence, sexual assault, and stalking
crimes. In shaping their strategies for FY 2007, states are encouraged to develop and support projects to: - Implement
community-driven initiatives, utilizing faith-based and community organizations, to address the needs of underserved populations
as defined by VAWA, including people with disabilities and elder victims of domestic violence, sexual assault, and stalking.
- Address sexual assault and stalking through service expansion; development and implementation of protocols;
training for judges, other court personnel, prosecutors, and law enforcement; and development of coordinated community responses
to violence against women.
PROGRAM ELIGIBILITY All states, territories, and the District
of Columbia are eligible to apply for a STOP formula grant award. To be eligible for funds, states must meet all application
requirements and must certify that they are in compliance with the statutory eligibility requirements of the Violence Against
Women Act as amended. (42 U.S.C. §§ 3796gg- through 3796gg-5). 1. With
respect to the VAWA requirement concerning costs for criminal charges and protection orders, a state or territory must certify: - that
its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic
violence offense, or in connection with the filing, issuance, registration, or service of a protection order, or a petition
for a protection order, to protect a victim of domestic violence, stalking, or sexual assault, that the victim bear the costs
associated with the filing of criminal charges against the offender, or the costs associated with the filing, issuance, registration,
or service of a warrant, protection order, petition for a protection order, or witness subpoena, whether issued inside or
outside the state, tribal, or local jurisdiction.
2. With respect to
the VAWA requirement concerning forensic medical examination payment for victims of sexual assault, a state or territory must
certify: - The state or territory, Indian tribal government, unit of local government, or another governmental entity
incurs the full out-of-pocket cost of forensic medical exams for victims of sexual assault.
- That by January
5, 2009, it will not require a victim of sexual assault to participate in the criminal justice system or cooperate with law
enforcement in order to be provided with a forensic medical exam, or to be reimbursed for charges incurred on account of such
an exam.
NOTE: STOP funds may now be used to pay for forensic medical exams performed by trained
examiners for victims of sexual assault, except that such funds may not be used to pay for forensic medical exams if victims
of sexual assault are required to seek reimbursement for such exams from their insurance carriers. 3. With
respect to the VAWA requirement concerning judicial notification, a state or territory must certify: - that its judicial
administrative policies and practices include notification to domestic violence offenders of the requirements delineated in
section 922(g)(8) and (g)(9) of title 18, Unites States Code, and any applicable related Federal, State, or local laws; or
that its judicial administrative policies and practices will be in compliance with the above within the later of
- the
period ending on the date on which the next session of the State legislature ends; or
- January 5, 2008.
4.
With respect to the VAWA requirement concerning polygraph testing prohibition, a
state or territory must certify: - that not later than January 5, 2009, their laws, policies, or practices will ensure
that no law enforcement officer, prosecuting officer or other government official shall ask or require an adult, youth, or
child victim of an alleged sex offense as defined under Federal, tribal, state, territorial, or local law to submit to a polygraph
examination or other truth telling device as a condition for proceeding with the investigation of such an offense.
- Under 42 U.S.C. 3796gg-8(b), the refusal of a victim to submit to a polygraph or other truth telling examination
shall not prevent the investigation, charging, or prosecution of an alleged sex offense by a state, Indian tribal government,
territorial government, or unit of local government.
For more information on these requirements, go to the OVW
website which can be found at www.usdoj.gov/ovw. MATCH REQUIREMENTS Awards to states made under this grant program may support up to 75 percent
of the total cost of each project. The state is responsible for ensuring compliance with the 25 percent nonfederal match requirement. Exception:
VAWA 2005, as amended, created a new provision eliminating match in certain circumstances and providing for waivers of match
in other circumstances. Specifically, 42 U.S.C. 13925 (b)(1) provides: No matching funds shall be required
for any grant or subgrant made under this Act for- - Any tribe, territory, or victim service provider: or
- Any
other entity, including a State, that-
- Petitions for a waiver of any match conditions imposed by the Attorney
General or the Secretaries of Health and Human Services or Housing and Urban Development; and
- Who petitions for a
waiver is determined by the Attorney General or the Secretaries of Health and Human Services or Urban Development to have
adequately demonstrated the financial need of the petitioning entity.
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