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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5258 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 5258

  To authorize the Attorney General to make grants to protection and 
advocacy systems to address the needs of individuals with disabilities 
involved in the local, State, and Federal criminal justice system, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            August 22, 2023

 Ms. Ross (for herself and Ms. Scanlon) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To authorize the Attorney General to make grants to protection and 
advocacy systems to address the needs of individuals with disabilities 
involved in the local, State, and Federal criminal justice system, and 
                          for other purposes.

    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 ``Protection and Advocacy for Criminal 
Legal Services Act''.

SEC. 2. NATIONAL CRIMINAL JUSTICE PROTECTION AND ADVOCACY GRANT 
              PROGRAM.

    (a) Authorization.--The Attorney General, acting through the 
Assistant Attorney General of the Office of Justice Programs, is 
authorized to make grants to protection and advocacy systems for the 
purpose of addressing the needs of individuals with disabilities 
involved with the local, State, and Federal criminal justice system, 
including--
            (1) making sure individuals with disabilities are not 
        inappropriately placed in the local, State, and Federal 
        criminal justice system;
            (2) representing and advocating for the rights of 
        individuals with disabilities who are under arrest, 
        incarcerated, or under pre-trial or post-sentencing 
        supervision; and
            (3) ensuring that adequate re-entry planning is available 
        for successful reintegration of individuals with disabilities 
        back into the community after incarceration in order to 
        decrease recidivism rates among individuals with disabilities.
    (b) Uses of Funds.--A protection and advocacy system may use a 
grant under this section to--
            (1) monitor whether local, State, and Federal law 
        enforcement officers have violated the constitutional or 
        statutory rights of individuals with disabilities who are under 
        arrest, incarcerated, or under pre-trial or post-sentencing 
        supervision, and identify any conditions of incarceration or 
        practices of any such law enforcement officers that unlawfully 
        discriminate against such individuals with disabilities;
            (2) provide information and training on the constitutional 
        and statutory rights of individuals with disabilities, 
        including under the Americans with Disabilities Act, the 
        Rehabilitation Act of 1973, and hate crime statutes, and on 
        services and diversion programs for such individuals made 
        available by applicable criminal justice systems to--
                    (A) incarcerated individuals with disabilities;
                    (B) the families of such individuals;
                    (C) correctional facility staff (including 
                correctional officers, administrators, and medical 
                personnel);
                    (D) individuals with disabilities who are victims 
                of or witnesses to crimes; and
                    (E) judges, court personnel, and lawyers;
            (3) provide training to law enforcement personnel and 
        correctional facility staff (including correctional officers, 
        administrators, and medical personnel) regarding the referral 
        of individuals with disabilities for services, the signs and 
        symptoms of mental illness, communicating with individuals with 
        disabilities, and alternatives to secure confinement, solitary 
        confinement, and other forms of restrictive housing;
            (4) provide training to law enforcement personnel and 
        correctional facility staff (including correctional officers, 
        administrators, and medical personnel) regarding evidence-based 
        rehabilitation and diversion strategies and programs to reduce 
        recidivism among individuals with disabilities; and
            (5) advocate for safe and humane conditions of confinement 
        and the elimination of dangerous practices in the incarceration 
        of individuals with disabilities.
    (c) Eligibility.--In order to be eligible for a grant under this 
section, a protection and advocacy system shall meet all of the 
requirements described in section 143(a)(2) of the Developmental 
Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 
15043(a)(2)).
    (d) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section--
                    (A) $7,000,000 for fiscal year 2024;
                    (B) $9,000,000 for fiscal year 2025;
                    (C) $11,000,000 for fiscal year 2026;
                    (D) $13,000,000 for fiscal year 2027; and
                    (E) $15,000,000 for fiscal year 2028.
            (2) Appropriations less than $6,200,000.--
                    (A) In general.--With respect to any fiscal year in 
                which the amount appropriated to carry out this section 
                is less than $6,200,000, the Attorney General shall 
                make grants from such amount to protection and advocacy 
                systems that apply for a grant under this section.
                    (B) Grant amount.--Subject to the availability of 
                appropriations, the amount of a grant shall not be less 
                than--
                            (i) $110,000 for a protection and advocacy 
                        system located in one of the several States, 
                        the District of Columbia, or the Commonwealth 
                        of Puerto Rico; and
                            (ii) $55,000 for a protection and advocacy 
                        system located in American Samoa, the 
                        Commonwealth of the Northern Mariana Islands, 
                        Guam, the United States Virgin Islands, or the 
                        American Indian Consortium.
            (3) Appropriations of $6,200,000 or more.--
                    (A) In general.--With respect to any fiscal year in 
                which the amount appropriated to carry out this section 
                is not less than $6,200,000, the Administrator shall 
                make grants from such amount not later than October 1 
                of the fiscal year to protection and advocacy systems.
                    (B) Amount of grant.--The amount of a grant to a 
                protection and advocacy system shall be equal to an 
                amount bearing the same ratio to the total amount 
                appropriated for the fiscal year involved as the 
                population of the State in which the grantee is located 
                bears to the population of all States.
                    (C) Minimums.--The amount of a grant shall not be 
                less than--
                            (i) $110,000 for a protection and advocacy 
                        system located in one of the several States, 
                        the District of Columbia, or the Commonwealth 
                        of Puerto Rico; and
                            (ii) $55,000 for a protection and advocacy 
                        system located in American Samoa, the 
                        Commonwealth of the Northern Mariana Islands, 
                        Guam, the United States Virgin Islands, or the 
                        American Indian Consortium.
                    (D) Adjustment.--For each fiscal year in which the 
                total amount appropriated to carry out this section is 
                $9,000,000 or more, and such appropriated amount 
                exceeds the total amount appropriated to carry out this 
                section in the preceding fiscal year, the Attorney 
                General shall increase each of the minimum grant 
                amounts described by a percentage equal to the 
                percentage increase in the total amount appropriated 
                under this subsection during the preceding fiscal year 
                and the fiscal year involved.
    (e) Carryover.--Any amounts made available to a protection and 
advocacy system for a fiscal year under this section shall remain 
available for one additional year.
    (f) Program Income.--Program income generated from the amount paid 
to an eligible protection and advocacy system for a fiscal year shall 
remain available to such system until expended and be considered an 
addition to the grant.
    (g) Annual Report.--Each protection and advocacy system that 
receives a grant under this section shall submit an annual report to 
the Attorney General concerning the services provided protecting and 
advocating for the needs of people with disabilities involved with the 
local, State, and Federal criminal justice system.
    (h) Administrative, Reporting, and Oversight Requirements.--To the 
greatest extent practicable, reporting, monitoring, program financing, 
and other administrative and oversight requirements established by the 
Attorney General under this section shall be consistent with the other 
administrative, reporting, and oversight requirements for a protection 
and advocacy system.
    (i) Annual Cost of Living Adjustment.--Beginning on October 1, 
2024, the amounts specified under subsection (d) shall at least be 
increased by the amount of increase in the Consumer Price Index for the 
preceding 12-month period.
    (j) Technical Assistance.--The Administrator shall make an annual 
grant, in an amount of $50,000 or 4 percent of the total amount 
appropriated under subsection (d), whichever is greater, to an eligible 
national association for the provision of training and technical 
assistance in connection with grants awarded to protection and advocacy 
systems under this section.
    (k) Definitions.--In this Act:
            (1) The term ``protection and advocacy system'' means a 
        protection and advocacy system established pursuant to section 
        143 of the Developmental Disabilities Assistance and Bill of 
        Rights Act of 2000 (42 U.S.C. 15043).
            (2) The term ``American Indian consortium'' has the meaning 
        given the term in section 102 of the Developmental Disabilities 
        Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002).
            (3) The term ``diversion'' means a process of screening 
        individuals, particularly individuals with disabilities and 
        individuals with substance use disorders, who are arrested or 
        prosecuted for conduct in which the individual engaged as a 
        result of their disabilities or substance use disorder, which 
        may include developing agreements with law enforcement, 
        prosecutors, judges, or other criminal justice system 
        personnel, to support the provision of community-based services 
        in lieu of prosecution, and to prevent inappropriate 
        incarceration of individuals with disabilities.
            (4) The term ``eligible national association'' means a 
        national disability association with extensive and demonstrated 
        experience providing training and technical assistance to 
        protection and advocacy systems that monitor the rights of 
        people with disabilities.
                                 <all>
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