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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3668 Introduced in Senate (IS)]

110th CONGRESS
  2d Session
                                S. 3668

   To create a grant program for collaboration programs that ensure 
coordination among criminal justice agencies, adult protective services 
      agencies, victim assistance programs, and other agencies or 
 organizations providing services to individuals with disabilities in 
the investigation and response to abuse of or crimes committed against 
                           such individuals.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            October 1 (legislative day, September 17), 2008

   Mr. Biden introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To create a grant program for collaboration programs that ensure 
coordination among criminal justice agencies, adult protective services 
      agencies, victim assistance programs, and other agencies or 
 organizations providing services to individuals with disabilities in 
the investigation and response to abuse of or crimes committed against 
                           such individuals.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crime Victims with Disabilities Act 
of 2008''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Adults with disabilities experience violence or abuse 
        at least twice as often as people without disabilities, and 
        adults with developmental disabilities are at risk of being 
        physically or sexually assaulted at rates four to ten times 
        greater than other adults.
            (2) Individuals with disabilities suffer from additional 
        ``victimization'' within the justice system, due to lack of 
        physical, programmatic, and communications accommodations 
        needed for equal access.
            (3) Women with disabilities are more likely to be 
        victimized, to experience more severe and prolonged violence, 
        and to suffer more serious and chronic effects from that 
        violence, than women without such disabilities.
            (4) Sixty-eight to 83 percent of women with developmental 
        disabilities will be sexually assaulted in their lifetime.
            (5) An estimated 5,000,000 crimes are committed against 
        individuals with developmental disabilities annually.
            (6) Over 70 percent of crimes committed against individuals 
        with developmental disabilities are not reported.
            (7) Studies in the United States, Canada, Australia, and 
        Great Britain consistently show that victims with developmental 
        disabilities suffer repeated victimization because so few of 
        the crimes against them are reported.
            (8) The National Crime Victims Survey conducted annually by 
        the Bureau of Justice Statistics of the Department of Justice, 
        does not specifically collect data relating to crimes against 
        individuals with developmental disabilities, nor do they use 
        disability as a demographic variable as they use other 
        important demographic variables, such as gender, age, and 
        racial and ethnic membership.

SEC. 3. PURPOSE.

    (a) In General.--The purpose of this Act is to increase the 
awareness, investigation, prosecution, and prevention of crimes against 
individuals with a disability, including developmental disabilities, 
and improve services to those who are victimized, by facilitating 
collaboration among the criminal justice system and a range of agencies 
and other organizations that provide services to individuals with 
disabilities.
    (b) Need for Collaboration.--Collaboration among the criminal 
justice system and agencies and other organizations that provide 
services to individuals with disabilities is needed to--
            (1) protect individuals with disabilities by ensuring that 
        crimes are reported, and that reported crimes are actively 
        investigated by both law enforcement agencies and agencies and 
        other organizations that provide services to individuals with 
        disabilities;
            (2) provide prosecutors and victim assistance organizations 
        with adequate training to ensure that crimes against 
        individuals with disabilities are appropriately and effectively 
        addressed in court;
            (3) identify and ensure that appropriate reasonable 
        accommodations are provided to individuals with disabilities in 
        a safe and conducive environment, allowing crimes to be 
        reported accurately to law enforcement agencies; and
            (4) promote communication among criminal justice agencies, 
        and agencies and other organizations that provide services to 
        individuals with disabilities, including Victim Assistance 
        Organizations, to ensure that the needs of crime victims with 
        disabilities are met.

SEC. 4. DEPARTMENT OF JUSTICE CRIME VICTIMS WITH DISABILITIES 
              COLLABORATION PROGRAM.

    The Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3711 et seq.) is amended by adding at the end the following:

    ``PART JJ--GRANTS TO RESPOND TO CRIMES AGAINST INDIVIDUALS WITH 
                              DISABILITIES

``SEC. 3001. CRIME VICTIMS WITH DISABILITIES COLLABORATION PROGRAM 
              GRANTS.

    ``(a) Definitions.--In this section:
            ``(1) Applicant.--The term `applicant' means a State, unit 
        of local government, Indian tribe, or tribal organization that 
        applies for a grant under this section.
            ``(2) Collaboration program.--The term `collaboration 
        program' means a program to ensure coordination between or 
        among a criminal justice agency, an adult protective services 
        agency, a victim assistance organization, and an agency or 
        other organization that provides services to individuals with 
        disabilities, including but not limited to individuals with 
        developmental disabilities, to address crimes committed against 
        individuals with disabilities and to provide services to 
        individuals with disabilities who are victims of crimes.
            ``(3) Criminal justice agency.--The term `criminal justice 
        agency' means an agency of a State, unit of local government, 
        Indian tribe, or tribal organization that is responsible for 
        detection, investigation, arrest, enforcement, adjudication, or 
        incarceration relating to the violation of the criminal laws of 
        that State, unit of local government, Indian tribe, or tribal 
        organization, or an agency contracted to provide such services.
            ``(4) Adult protective services agency.--The term `adult 
        protective services agency' means an agency that provides adult 
        protective services to adults with disabilities, such as the 
        protection and advocacy systems established under section 143 
        of the Developmental Disabilities Assistance and Bill of Rights 
        Act of 2000 (42 U.S.C. 15043), including--
                    ``(A) receiving reports of abuse, neglect, or 
                exploitation;
                    ``(B) investigating the reports described in 
                subparagraph (A);
                    ``(C) case planning, monitoring, evaluation, and 
                other casework and services; and
                    ``(D) providing, arranging for, or facilitating the 
                provision of medical, social service, economic, legal, 
                housing, law enforcement, or other protective, 
                emergency, or support services for adults with 
                disabilities.
            ``(5) Day program.--The term `day program' means a 
        government or privately funded program that provides care, 
        supervision, social opportunities, or jobs to individuals with 
        disabilities.
            ``(6) Implementation grant.--The term `implementation 
        grant' means a grant under subsection (e).
            ``(7) Individuals with disabilities.--The term `individuals 
        with disabilities' means individuals--
                    ``(A) 18 years of age or older; and
                    ``(B) who have a developmental, cognitive, 
                physical, or other disability that results in 
                substantial functional limitations in one or more of 
                the following areas of major life activity:
                            ``(i) Self-care.
                            ``(ii) Receptive and expressive language.
                            ``(iii) Learning.
                            ``(iv) Mobility.
                            ``(v) Self-direction.
                            ``(vi) Capacity for independent living.
                            ``(vii) Economic self-sufficiency.
                            ``(viii) Cognitive functioning.
                            ``(ix) Emotional adjustment.
            ``(8) Planning grant.--The term `planning grant' means a 
        grant under subsection (f).
            ``(9) Secretary.--The term `Secretary' means the Secretary 
        of Health and Human Services.
            ``(10) Unit of local government.--The term `unit of local 
        government' means any city, county, township, town, borough, 
        parish, village, or other general purpose political subdivision 
        of a State.
    ``(b) Authorization.--In consultation with the Secretary, the 
Attorney General may make grants to applicants to prepare a 
comprehensive plan for or to implement a collaboration program that 
provides for--
            ``(1) the investigation and remediation of instances of 
        abuse of or crimes committed against individuals with 
        disabilities; or
            ``(2) the provision of services to individuals with 
        disabilities who are the victims of a crime or abuse.
    ``(c) Use of Funds.--A grant under this section shall be used for a 
collaborative program that--
            ``(1) receives reports of abuse of individuals with 
        disabilities or crimes committed against such individuals;
            ``(2) investigates and evaluates reports of abuse of or 
        crimes committed against individuals with disabilities;
            ``(3) visits the homes or other locations of abuse, and, if 
        applicable, the day programs of individuals with disabilities 
        who have been victims of abuse or a crime for purposes of, 
        among other things, assessing the scene of the abuse and 
        evaluating the condition and needs of the victim;
            ``(4) identifies the individuals responsible for the abuse 
        of or crimes committed against individuals with disabilities;
            ``(5) remedies issues identified during an investigation 
        described in paragraph (2);
            ``(6) prosecutes the perpetrator, where appropriate, of any 
        crime identified during an investigation described in paragraph 
        (2);
            ``(7) provides services to and enforces statutory rights of 
        individuals with disabilities who are the victims of a crime; 
        and
            ``(8) develops curricula and provides interdisciplinary 
        training for prosecutors, criminal justice agencies, protective 
        service agencies, victims assistance agencies, educators, 
        community based providers and health, mental health, and allied 
        health professionals in the area of disabilities, including 
        developmental disabilities.
    ``(d) Applications.--
            ``(1) In general.--To receive a planning grant or an 
        implementation grant, an applicant shall submit an application 
        to the Attorney General at such time, in such manner, and 
        containing such information as the Attorney General, in 
        consultation with the Secretary, may reasonably require, in 
        addition to the information required by subsection (e)(1) or 
        (f)(1), respectively.
            ``(2) Combined planning and implementation grant 
        application.--
                    ``(A) In general.--The Attorney General, in 
                consultation with the Secretary, shall develop a 
                procedure allowing an applicant to submit a single 
                application requesting both a planning grant and an 
                implementation grant.
                    ``(B) Conditional grant.--The award of an 
                implementation grant to an applicant submitting an 
                application under subparagraph (A) shall be conditioned 
                on successful completion of the activities funded under 
                the planning grant, if applicable.
    ``(e) Planning Grants.--
            ``(1) Applications.--An application for a planning grant 
        shall include, at a minimum--
                    ``(A) a budget;
                    ``(B) a budget justification;
                    ``(C) a description of the outcome measures that 
                will be used to measure the effectiveness of the 
                program;
                    ``(D) a schedule for completing the activities 
                proposed in the application;
                    ``(E) a description of the personnel necessary to 
                complete activities proposed in the application; and
                    ``(F) provide assurances that program activities 
                and locations are and will be in compliance with 
                section 504 of the Rehabilitation Act of 1973 
                throughout the grant period.
            ``(2) Period of grant.--A planning grant shall be made for 
        a period of 1 year, beginning on the first day of the month in 
        which the planning grant is made.
            ``(3) Amount.--The amount of planning grant shall not 
        exceed $50,000, except that the Attorney General may, for good 
        cause, approve a grant in a higher amount.
            ``(4) Limit on number.--The Attorney General, in 
        consultation with the Secretary, shall not make more than one 
        such planning grant to any State, unit of local government, 
        Indian tribe, or tribal organization.
    ``(f) Implementation Grants.--
            ``(1) Implementation grant applications.--An application 
        for an implementation grant shall include the following:
                    ``(A) Collaboration.--An application for an 
                implementation grant shall--
                            ``(i) identify not fewer than one criminal 
                        justice enforcement agency or adult protective 
                        services organization and not fewer than one 
                        agency, crime victim assistance program, or 
                        other organization that provides services to 
                        individuals with disabilities, such as the 
                        protection and advocacy systems established 
                        under section 143 of the Developmental 
                        Disabilities Assistance and Bill of Rights Act 
                        of 2000 (42 U.S.C. 15043), that will 
                        participate in the collaborative program; and
                            ``(ii) describe the responsibilities of 
                        each participating agency or organization, 
                        including how each agency or organization will 
                        use grant funds to facilitate improved 
                        responses to reports of abuse and crimes 
                        committed against individuals with 
                        disabilities.
                    ``(B) Guidelines.--An application for an 
                implementation grant shall describe the guidelines that 
                will be developed for personnel of a criminal justice 
                agency, adult protective services organization, crime 
                victim assistance program, and agencies or other 
                organizations responsible for services provided to 
                individuals with disabilities to carry out the goals of 
                the collaborative program.
                    ``(C) Financial.--An application for an 
                implementation grant shall--
                            ``(i) explain why the applicant is unable 
                        to fund the collaboration program adequately 
                        without Federal funds;
                            ``(ii) specify how the Federal funds 
                        provided will be used to supplement, and not 
                        supplant, the funding that would otherwise be 
                        available from the State, unit of local 
                        government, Indian tribe, or tribal 
                        organization; and
                            ``(iii) outline plans for obtaining 
                        necessary support and continuing the proposed 
                        collaboration program following the conclusion 
                        of the grant under this section.
                    ``(D) Outcomes.--An application for an 
                implementation grant shall--
                            ``(i) identify the methodology and outcome 
                        measures, as required by the Attorney General, 
                        in consultation with the Secretary, for 
                        evaluating the effectiveness of the 
                        collaboration program, which may include--
                                    ``(I) the number and type of 
                                agencies participating in the 
                                collaboration;
                                    ``(II) any trends in the number and 
                                type of cases referred for 
                                multidisciplinary case review;
                                    ``(III) any trends in the 
                                timeliness of law enforcement review of 
                                reported cases of violence against 
                                individuals with a disability; and
                                    ``(IV) the number of persons 
                                receiving training by type of agency;
                            ``(ii) describe the mechanisms of any 
                        existing system to capture data necessary to 
                        evaluate the effectiveness of the collaboration 
                        program, consistent with the methodology and 
                        outcome measures described in clause (i) and 
                        including, where possible, data regarding--
                                    ``(I) the number of cases referred 
                                by the adult protective services 
                                agency, or other relevant agency, to 
                                law enforcement for review;
                                    ``(II) the number of charges filed 
                                and percentage of cases with charges 
                                filed as a result of such referrals;
                                    ``(III) the period of time between 
                                reports of violence against individuals 
                                with disabilities and law enforcement 
                                review; and
                                    ``(IV) the number of cases 
                                resulting in criminal prosecution, and 
                                the result of each such prosecution; 
                                and
                            ``(iii) include an agreement from any 
                        participating or affected agency or 
                        organization to provide the data described in 
                        clause (ii).
                    ``(E) Form of data.--The Attorney General, in 
                consultation with the Secretary, shall promulgate and 
                supply a common electronic reporting form or other 
                standardized mechanism for reporting of data required 
                under this section.
                    ``(F) Collaboration set aside.--Not less than 5 
                percent and not more than 10 percent of the funds 
                provided under an implementation grant shall be set 
                aside to procure technical assistance from any 
                recognized State model program or from a recognized 
                national organization, as determined by the Attorney 
                General (in consultation with the Secretary), including 
                the National District Attorneys Association and the 
                National Adult Protective Services Association.
                    ``(G) Other programs.--An applicant for an 
                implementation grant shall describe the relationship of 
                the collaboration program to any other program of a 
                criminal justice agency or other agencies or 
                organizations providing services to individuals with 
                disabilities of the State, unit of local government, 
                Indian tribe, or tribal organization applying for an 
                implementation grant.
            ``(2) Period of grant.--
                    ``(A) In general.--An implementation grant shall be 
                made for a period of 2 years, beginning on the first 
                day of the month in which the implementation grant is 
                made.
                    ``(B) Renewal.--An implementation grant may be 
                renewed for one additional period of 2 years, if the 
                applicant submits to the Attorney General and the 
                Secretary a detailed explanation of why additional 
                funds are necessary.
            ``(3) Amount.--An implementation grant shall not exceed 
        $300,000.
    ``(g) Evaluation of Program Efficacy.--
            ``(1) Establishment.--The Attorney General, in consultation 
        with the Secretary, shall establish a national center to 
        evaluate the overall effectiveness of the collaboration 
        programs funded under this section.
            ``(2) Responsibilities.--The national center established 
        under paragraph (1) shall--
                    ``(A) analyze information and data supplied by 
                grantees under this section; and
                    ``(B) submit an annual report to the Attorney 
                General and the Secretary that evaluates the number and 
                rate of change of reporting, investigation, and 
                prosecution of charges of a crime or abuse against 
                individuals with disabilities.
            ``(3) Authorization.--The Attorney General may use not more 
        than $500,000 of amounts made available under subsection (h) to 
        carry out this subsection.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice to carry out this section--
            ``(1) $10,000,000 for fiscal year 2009; and
            ``(2) such sums as are necessary for each of fiscal years 
        2010 through 2015.''.

SEC. 5. RESEARCH GRANT AND REPORT.

    (a) In General.--The purpose of this section is to provide for 
research to assist the Attorney General in collecting valid, reliable 
national data relating to crimes against individuals with developmental 
and related disabilities for the National Crime Victims Survey 
conducted by the Bureau of Justice Statistics of the Department of 
Justice as required by the Crime Victims with Disabilities Awareness 
Act.
    (b) National Interdisciplinary Advisory Council.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services shall establish a national interdisciplinary advisory 
        council (referred to in this section as the ``advisory 
        council''), that includes individuals with disabilities, which 
        shall provide input into the methodologies used to collect 
        valid, reliable national data on crime victims with 
        developmental and related disabilities, participate in 
        reviewing the data collected through the research grant 
        program, and assist in writing the final report.
            (2) Recommended methodology.--Not later than 6 months after 
        the establishment of the advisory council, the advisory council 
        shall provide to the Secretary of Health and Human Services its 
        recommended methodology for collecting incidence data on 
        violence against people with developmental and related 
        disabilities.
    (c) Research Grant Program.--Not later than 12 months after the 
date of the enactment of this Act, the Secretary of Health and Human 
Services shall--
            (1) review the methodology developed by the advisory 
        council related to collecting incidence data on violence 
        against people with developmental and related disabilities; and
            (2) based on such review, shall award grants in accordance 
        with this section to eligible recipients, to collect valid, 
        reliable national data on crime victims with developmental and 
        related disabilities that can be validly compared to data from 
        the National Crime Victims Survey.
    (d) Report.--Not later than 12 months after the Secretary of Health 
and Human Services awards the research grants under subsection (c), the 
advisory council shall review the data eligible recipients of the 
grants collected and write a report to be presented to the Secretary of 
Health and Human Services, the Attorney General, and the Bureau of 
Justice Statistics.
    (e) Definitions.--
            (1) Eligible recipient.--The term ``eligible recipient'' 
        means--
                    (A) a State agency;
                    (B) a private, nonprofit organization;
                    (C) a University Center for Excellence in 
                Developmental Disabilities; or
                    (D) any public entity that has a demonstrated 
                ability to--
                            (i) collaborate with criminal justice, 
                        child welfare, and other agencies and 
                        organizations that provide services to 
                        individuals with disabilities, including victim 
                        assistance and violence prevention 
                        organizations, to ensure that incidence data 
                        can be aggregated to accurately show the 
                        incidence of abuse of individuals with 
                        disabilities nationally; and
                            (ii) conduct research and collect data to 
                        measure the extent of the problem of crimes 
                        against individuals with developmental and 
                        related disabilities, including--
                                    (I) understanding the nature and 
                                extent of crimes against individuals 
                                with developmental and related 
                                disabilities, including domestic 
                                violence and all types of abuse;
                                    (II) describing the manner in which 
                                the justice system responds to crimes 
                                against individuals with developmental 
                                and related disabilities; and
                                    (III) identifying programs, 
                                policies, or laws that hold promises 
                                for making the justice system more 
                                responsive to crimes against 
                                individuals with developmental and 
                                related disabilities.
            (2) Developmental disabilities.--The term ``developmental 
        disabilities'' has the meaning given that term in section 
        102(8) of the Developmental Disabilities Assistance and Bill of 
        Rights Act of 2000 (42 U.S.C. 15002(8)).
            (3) Related disabilities.--The term ``related 
        disabilities'' means autism spectrum disorders, cerebral palsy, 
        spina bifida, epilepsy, traumatic brain injury, or other 
        lifelong disabilities that are acquired prior to the age of 21.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $1,000,000 for each of fiscal 
years 2009 through 2012.
                                 <all>
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