34 U.S.C. § 10462a
Sections in this chapter
- § 10101
- § 10102
- § 10103
- § 10104
- § 10105
- § 10106
- § 10107
- § 10108
- § 10109
- § 10110
- § 10111
- § 10112
- § 10121
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- § 10123
- § 10131
- § 10132
- § 10133
- § 10134
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- § 10151
- § 10152
- § 10153
- § 10154
- § 10155
- § 10156
- § 10157
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- § 10171
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- § 10181
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- § 10191
- § 10201
- § 10202
- § 10203
- § 10211
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- § 10281
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- § 10287
- § 10288
- § 10301
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- § 10305
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- § 10307
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- § 10321
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- § 10351
- § 10352
- § 10361
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- § 10363
- § 10364
- § 10365
- § 10366
- § 10367
- § 10381
- § 10382
- § 10383
- § 10384
- § 10385
- § 10386
- § 10387
- § 10388
- § 10389
- § 10401
- § 10402
- § 10403
- § 10404
- § 10405
- § 10406
- § 10407
- § 10408
- § 10409
- § 10410
- § 10421
- § 10422
- § 10423
- § 10424
- § 10425
- § 10426
- § 10441
- § 10442
- § 10443
- § 10444
- § 10445
- § 10446
- § 10447
- § 10448
- § 10449
- § 10450
- § 10451
- § 10452
- § 10453
- § 10454
- § 10455
- § 10461
- § 10462
- § 10462a
- § 10463
- § 10464
- § 10465
- § 10471
- § 10472
- § 10473
- § 10474
- § 10475
- § 10476
- § 10477
- § 10478
- § 10479
- § 10491
- § 10492
- § 10493
- § 10494
- § 10495
- § 10496
- § 10497
- § 10498
- § 10511
- § 10512
- § 10513
- § 10514
- § 10515
- § 10516
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- § 10530
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- § 10533
- § 10534
- § 10541
- § 10551
- § 10552
- § 10553
- § 10554
- § 10555
- § 10556
- § 10561
- § 10562
- § 10563
- § 10564
- § 10565
- § 10566
- § 10581
- § 10591
- § 10592
- § 10593
- § 10594
- § 10595
- § 10595a
- § 10596
- § 10611
- § 10612
- § 10613
- § 10614
- § 10615
- § 10616
- § 10617
- § 10618
- § 10619
- § 10631
- § 10632
- § 10633
- § 10641
- § 10642
- § 10643
- § 10644
- § 10651
- § 10651a
- § 10652
- § 10653
- § 10661
- § 10662
- § 10663
- § 10664
- § 10671
- § 10681
- § 10691
- § 10692
- § 10701
- § 10702
- § 10703
- § 10704
- § 10705
- § 10706
- § 10707
- § 10721
- § 10722
- § 10723
- § 10724
- § 10725
- § 10726
- § 10741
- § 10751
- § 10752
- § 10753
- § 10754
- § 10755
§ 10462a. Grants to State and Tribal courts to implement protection order pilot programs
- (a) In this section, the term “eligible entity” means a State or Tribal court that is part of a multidisciplinary partnership that includes, to the extent practicable—
- (1) a State, Tribal, or local law enforcement agency;
- (2) a State, Tribal, or local prosecutor’s office;
- (3) a victim service provider or State or Tribal domestic violence coalition;
- (4) a provider of culturally specific services;
- (5) a nonprofit program or government agency with demonstrated experience in providing legal assistance or legal advice to victims of domestic violence and sexual assault;
- (6) the bar association of the applicable State or Indian Tribe;
- (7) the State or Tribal association of court clerks;
- (8) a State, Tribal, or local association of criminal defense attorneys;
- (9) not fewer than 2 individuals with expertise in the design and management of court case management systems and systems of integration;
- (10) not fewer than 2 State or Tribal court judges with experience in—
- (A) the field of domestic violence; and
- (B) issuing protective orders; and
- (11) a judge assigned to the criminal docket of the State or Tribal court.
- (b)
- (1) The Attorney General shall make grants to eligible entities to carry out the activities described in subsection (c) of this section.
- (2) The Attorney General may award not more than 10 grants under paragraph (1).
- (3) The amount of a grant awarded under paragraph (1) may be not more than $1,500,000.
- (c)
- (1) An eligible entity that receives a grant under this section shall use the grant funds, in consultation with the partners of the eligible entity described in subsection (a), to—
- (A) develop and implement a program for properly and legally serving protection orders through electronic communication methods to—
- (i) modernize the service process and make the process more effective and efficient;
- (ii) provide for improved safety of victims; and
- (iii) make protection orders enforceable as quickly as possible;
- (B) develop best practices relating to the service of protection orders through electronic communication methods;
- (C) ensure that the program developed under subparagraph (A) complies with due process requirements and any other procedures required by law or by a court; and
- (D) implement any technology necessary to carry out the program developed under subparagraph (A), such as technology to verify and track the receipt of a protection order by the intended party.
- (A) develop and implement a program for properly and legally serving protection orders through electronic communication methods to—
- (2) An eligible entity that receives a grant under this section shall—
- (A) implement the program required under paragraph (1)(A) not later than 2 years after the date on which the eligible entity receives the grant; and
- (B) carry out the program required under paragraph (1)(A) for not fewer than 3 years.
- (1) An eligible entity that receives a grant under this section shall use the grant funds, in consultation with the partners of the eligible entity described in subsection (a), to—
- (d) The Attorney General shall award grants under this section to eligible entities in a variety of areas and situations, including, to the extent practicable—
- (1) a State court that serves a population of not fewer than 1,000,000 individuals;
- (2) a State court that—
- (A) serves a State that is among the 7 States with the lowest population density in the United States; and
- (B) has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General;
- (3) a State court that—
- (A) serves a State that is among the 7 States with the highest population density in the United States; and
- (B) has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General;
- (4) a court that uses an integrated, statewide case management system;
- (5) a court that uses a standalone case management system;
- (6) a Tribal court; and
- (7) a court that primarily serves a culturally specific and underserved population.
- (e)
- (1) An eligible entity desiring a grant under this section shall submit to the Attorney General an application that includes—
- (A) a description of the process that the eligible entity uses for service of protection orders at the time of submission of the application;
- (B) to the extent practicable, statistics relating to protection orders during the 3 calendar years preceding the date of submission of the application, including rates of—
- (i) successful service; and
- (ii) enforcement;
- (C) an initial list of the entities serving as the partners of the eligible entity described in subsection (a); and
- (D) any other information the Attorney General may reasonably require.
- (2) An eligible entity shall not be required to submit an application under section 10462 of this title to receive a grant under this section.
- (1) An eligible entity desiring a grant under this section shall submit to the Attorney General an application that includes—
- (f)
- (1) Not later than 2 years after the date on which an eligible entity receives a grant under this section, the eligible entity shall submit to the Attorney General a report that details the plan of the eligible entity for implementation of the program under subsection (c).
- (2)
- (A) Not later than 1 year after the date on which an eligible entity implements a program under subsection (c), and not later than 2 years thereafter, the eligible entity shall submit to the Attorney General a report that describes the program, including, with respect to the program—
- (i) the viability;
- (ii) the cost;
- (iii) service statistics;
- (iv) the challenges;
- (v) an analysis of the technology used to fulfill the goals of the program;
- (vi) an analysis of any legal or due process issues resulting from the electronic service method described in subsection (c)(1)(A); and
- (vii) best practices for implementing such a program in other similarly situated locations.
- (B) An eligible entity shall include in the second report submitted under subparagraph (A) recommendations for—
- (i) future nationwide implementation of the program implemented by the eligible entity; and
- (ii) usage of electronic service, similar to the service used by the eligible entity, for other commonly used court orders, including with respect to viability and cost.
- (A) Not later than 1 year after the date on which an eligible entity implements a program under subsection (c), and not later than 2 years thereafter, the eligible entity shall submit to the Attorney General a report that describes the program, including, with respect to the program—
- (g) Notwithstanding section 10464 of this title , the Attorney General shall not be required to publish regulations or guidelines implementing this section.
- (h) There is authorized to be appropriated to carry out this section $10,000,000 for fiscal years 2023 through 2027.
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