I 
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 protec-
tion and advocacy systems to address the needs of indi-
viduals 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protection and Advo-
cacy for Criminal Legal Services Act’’. 
VerDate Sep 11 2014 
04:02 Aug 25, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5258.IH
H5258
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 2. NATIONAL CRIMINAL JUSTICE PROTECTION AND 
ADVOCACY GRANT PROGRAM. 
(a) AUTHORIZATION.—The Attorney General, acting 
through the Assistant Attorney General of the Office of 
Justice Programs, is authorized to make grants to protec-
tion and advocacy systems for the purpose of addressing 
the needs of individuals with disabilities involved with the 
local, State, and Federal criminal justice system, includ-
ing— 
(1) making sure individuals with disabilities are 
not inappropriately placed in the local, State, and 
Federal criminal justice system; 
(2) representing and advocating for the rights 
of individuals with disabilities who are under arrest, 
incarcerated, or under pre-trial or post-sentencing 
supervision; and 
(3) ensuring that adequate re-entry planning is 
available for successful reintegration of individuals 
with disabilities back into the community after in-
carceration in order to decrease recidivism rates 
among individuals with disabilities. 
(b) USES OF FUNDS.—A protection and advocacy 
system may use a grant under this section to— 
(1) monitor whether local, State, and Federal 
law enforcement officers have violated the constitu-
tional or statutory rights of individuals with disabil-
VerDate Sep 11 2014 
04:02 Aug 25, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5258.IH
H5258
pbinns on DSKJLVW7X2PROD with $$_JOB
ities 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 dis-
criminate 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 ap-
plicable criminal justice systems to— 
(A) incarcerated individuals with disabil-
ities; 
(B) the families of such individuals; 
(C) correctional facility staff (including 
correctional officers, administrators, and med-
ical 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 per-
sonnel and correctional facility staff (including cor-
rectional officers, administrators, and medical per-
sonnel) regarding the referral of individuals with dis-
VerDate Sep 11 2014 
04:02 Aug 25, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5258.IH
H5258
pbinns on DSKJLVW7X2PROD with $$_JOB
abilities for services, the signs and symptoms of 
mental illness, communicating with individuals with 
disabilities, and alternatives to secure confinement, 
solitary confinement, and other forms of restrictive 
housing; 
(4) provide training to law enforcement per-
sonnel and correctional facility staff (including cor-
rectional officers, administrators, and medical per-
sonnel) regarding evidence-based rehabilitation and 
diversion strategies and programs to reduce recidi-
vism among individuals with disabilities; and 
(5) advocate for safe and humane conditions of 
confinement and the elimination of dangerous prac-
tices in the incarceration of individuals with disabil-
ities. 
(c) ELIGIBILITY.—In order to be eligible for a grant 
under this section, a protection and advocacy system shall 
meet all of the requirements described in section 143(a)(2) 
of the Developmental Disabilities Assistance and Bill of 
Rights Act of 2000 (42 U.S.C. 15043(a)(2)). 
(d) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to carry out this section— 
(A) $7,000,000 for fiscal year 2024; 
(B) $9,000,000 for fiscal year 2025; 
VerDate Sep 11 2014 
04:02 Aug 25, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5258.IH
H5258
pbinns on DSKJLVW7X2PROD with $$_JOB
(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 fis-
cal 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 sys-
tems 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 ad-
vocacy 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 ad-
vocacy system located in American Samoa, 
the Commonwealth of the Northern Mar-
iana Islands, Guam, the United States Vir-
gin Islands, or the American Indian Con-
sortium. 
(3) APPROPRIATIONS OF $6,200,000 OR MORE.— 
VerDate Sep 11 2014 
04:02 Aug 25, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5258.IH
H5258
pbinns on DSKJLVW7X2PROD with $$_JOB
(A) IN GENERAL.—With respect to any fis-
cal year in which the amount appropriated to 
carry out this section is not less than 
$6,200,000, the Administrator shall make 
grants from such amount not later than Octo-
ber 1 of the fiscal year to protection and advo-
cacy systems. 
(B) AMOUNT OF GRANT.—The amount of 
a grant to a protection and advocacy system 
shall be equal to an amount bearing the same 
ratio to the total amount appropriated for the 
fiscal year involved as the population of the 
State in which the grantee is located bears to 
the population of all States. 
(C) MINIMUMS.—The amount of a grant 
shall not be less than— 
(i) $110,000 for a protection and ad-
vocacy system located in one of the several 
States, the District of Columbia, or the 
Commonwealth of Puerto Rico; and 
(ii) $55,000 for a protection and ad-
vocacy system located in American Samoa, 
the Commonwealth of the Northern Mar-
iana Islands, Guam, the United States Vir-
VerDate Sep 11 2014 
04:02 Aug 25, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5258.IH
H5258
pbinns on DSKJLVW7X2PROD with $$_JOB
gin Islands, or the American Indian Con-
sortium. 
(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 Gen-
eral shall increase each of the minimum grant 
amounts described by a percentage equal to the 
percentage increase in the total amount appro-
priated under this subsection during the pre-
ceding 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 advo-
cacy 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 advo-
cacy system that receives a grant under this section shall 
submit an annual report to the Attorney General con-
cerning the services provided protecting and advocating 
VerDate Sep 11 2014 
20:54 Aug 25, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5258.IH
H5258
pbinns on DSKJLVW7X2PROD with $$_JOB
for the needs of people with disabilities involved with the 
local, State, and Federal criminal justice system. 
(h) ADMINISTRATIVE, REPORTING, AND OVERSIGHT 
REQUIREMENTS.—To the greatest extent practicable, re-
porting, monitoring, program financing, and other admin-
istrative and oversight requirements established by the At-
torney General under this section shall be consistent with 
the other administrative, reporting, and oversight require-
ments for a protection and advocacy system. 
(i) ANNUAL COST OF LIVING ADJUSTMENT.—Begin-
ning on October 1, 2024, the amounts specified under sub-
section (d) shall at least be increased by the amount of 
increase in the Consumer Price Index for the preceding 
12-month period. 
(j) TECHNICAL
ASSISTANCE.—The Administrator 
shall make an annual grant, in an amount of $50,000 or 
4 percent of the total amount appropriated under sub-
section (d), whichever is greater, to an eligible national 
association for the provision of training and technical as-
sistance in connection with grants awarded to protection 
and advocacy systems under this section. 
(k) DEFINITIONS.—In this Act: 
(1) The term ‘‘protection and advocacy system’’ 
means a protection and advocacy system established 
pursuant to section 143 of the Developmental Dis-
VerDate Sep 11 2014 
20:54 Aug 25, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5258.IH
H5258
pbinns on DSKJLVW7X2PROD with $$_JOB
abilities 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 dis-
orders, who are arrested or prosecuted for conduct 
in which the individual engaged as a result of their 
disabilities or substance use disorder, which may in-
clude 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 dis-
abilities. 
(4) The term ‘‘eligible national association’’ 
means a national disability association with exten-
sive and demonstrated experience providing training 
and technical assistance to protection and advocacy 
systems that monitor the rights of people with dis-
abilities. 
Æ 
VerDate Sep 11 2014 
04:02 Aug 25, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H5258.IH
H5258
pbinns on DSKJLVW7X2PROD with $$_JOB