Protection and Advocacy for Criminal Legal Services Act

Bill: 118-hr-5258
Sponsor: full_name: Rep. Ross, Deborah K. [D-NC-2]
Introduced: 2023-08-22
Policy area: Crime and Law Enforcement
Latest action: action_date: 2023-08-22
text: Referred to the House Committee on the Judiciary.

Summaries:

tv_txt: I 118th CONGRESS 1st Session H. R. 5258 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.

1. Short title This Act may be cited as the Protection and Advocacy for Criminal Legal Services Act . 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.