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Use of Court Set-Aside STOP Grant Funds
Armed Forces Domestic Security Act (P.L. 107-311)
Uniform Interstate Enforcement of Domestic Violence Protection Orders Act
Violence Against Women Office (VAWO)
| Issue:
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Use of Court Set-Aside STOP Grant Funds
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| Impact: |
State courts can now apply directly for Violence Against Women Act (VAWA) funding for developing processes, training staff, and meeting data reporting requirements.
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| Summary: |
The 2001 VAWA reauthorization contained specific language authorizing, "State and local courts (including juvenile courts) ..." to apply directly for VAWA funds. The conference report on H.R. 3244, "Amends STOP and Pro-Arrest grants to make state and local courts expressly eligible for funding and dedicates 5 percent of states' STOP grants for courts." (Sec. 1102 on page 104, Report 106-939). The legislation was signed by the President Clinton on 10/28/00 to become
P.L. 106-386. VAWA appropriations for FY 2002 include $184.937 million (m) for STOP grants and $64.925 million for arrest
grants.
FY 2002 was the first year that state courts were eligible for the 5% set-aside of states' STOP Violence Against Women formula grant funds. Beginning in FY 2002, each STOP grantee must allocate at least 25 percent of its STOP formula funds to law enforcement programs, at least 25 percent to prosecution, at least 30 percent to nonprofit, nongovernmental victim services, and at least 5 percent to courts.
The balance is distributed at the discretion of the state agency.
In May 2002, the NCSC Knowledge & Information Services conducted a survey to determine how state courts were utilizing these set-aside funds.
Nineteen states responded to the survey. State courts have used the funds creatively to fund the following types of projects:
- Security screening;
- Pre-trial services, advocate/legal representation, and coordinator positions;
- Education and training for judges and non-judicial court personnel;
- Training resources, such as bench books;
- Developing a protective order registry;
- Conducting a statewide review and assessment;
- Recording equipment, and
- Establishing a consortium of state and tribal judges.
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| Position: |
State courts are eligible to apply directly for federal funds.
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| References:
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- Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386)
- CCJ Resolution 99-M-XVII
- COSCA Resolution 98-M-III
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| Support
Materials:
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VAWA Court Funding: Listserv Survey Response, NCSC Knowledge & Information Services (July 2002)
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Domestic Violence
| Issue:
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Armed Forces Domestic Security Act (P.L.
107-311)
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| Impact: |
This legislation provides for the enforcement and effectiveness of civilian orders of protection on military installations.
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| Summary: |
Congress passed legislation - Armed Forces Domestic Security Act (H.R. 5590) - that provides for the enforcement of civilian orders of protection on military installations. Specifically, the bill declares that a civilian order of protection (any court order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person) shall have the same force and effect on a military installation as such order has within the jurisdiction of the court that issued the order.
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| Position: |
No formal position
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| References:
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Armed Forces Domestic Security Act (P. L. 107-311)
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Support
Materials:
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No additional materials
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Domestic Violence
| Issue:
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Uniform Interstate Enforcement of Domestic Violence Protection Orders Act
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| Impact: |
The Act, if adopted by states, establishes uniform procedures that will enable courts to recognize and enforce valid domestic protection orders issued in other jurisdictions.
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| Summary: |
The model legislation was drafted to assist states in implementing the Full Faith and Credit statute (18 U.S.C. §§ 2265-2266). The Act defines "protection order" to be "an injunction or other order, issued by a tribunal under the domestic-violence or family-violence laws of the issuing State, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to another individual."
The Act specifies three enforcement paths a foreign protection order may take in any enforcing state. (1) There is direct enforcement by a "tribunal" that is defined as either a court or an agency. A "tribunal" with jurisdiction to enforce may enforce a foreign protection order without any other prior perfecting or validating procedure. A valid foreign protection order must be enforced. A valid protection order is one that identifies the protected individual and the respondent, is currently in effect, and was issued by a tribunal with full jurisdiction. An order must meet due process standards. (2) A law enforcement officer with "probable cause to believe that a valid foreign protection order exists and that the order has been violated," must enforce the order "as if it were the order of a tribunal of this State." The presence of an order that identifies the protected individual and the respondent that is current constitutes probable cause to believe that a valid foreign protection order exists. (3) Registration of orders and judgments for enforcement purposes has long been a part of American law.
The Act also provides a liability shield for any agency, law enforcement officer, prosecuting attorney, clerk of court, or other official who enforces an order under the Act in good faith.
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| Position: |
No formal position
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| References:
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Support
Materials:
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No additional materials
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Domestic Violence
| Issue:
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Violence Against Women Office (VAWO)
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| Impact: |
Legislation was passed to establish VAWO as a separate office within Office of Justice Programs (OJP) within the Department of Justice (DOJ).
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| Summary: |
Congress passed the legislation elevating VAWO to the same level as the Bureau of Justice Assistance, Bureau of Justice Statistics, and the National Institute for Justice within
OJP.
Under the legislation, the VAWO Director will report to the Attorney General and have final authority over all grants, cooperative agreements and contracts awarded by the Office. The President with Senate approval will appoint the
Director.
The specified duties of the Director include 1) maintaining liaison with the judicial branches of the Federal and State governments and 2) providing information to the President, Congress, the judiciary, State, local, and tribal governments, and the general public on matters relating to violence against women.
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| Position: |
No formal position
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| References:
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21st Century Department of Justice Appropriations Authorization Act (P.L. 107-273)
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Support
Materials:
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No additional materials
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National Center for State Courts
Government Relations Office
2425 Wilson Blvd., Suite 350, Arlington, VA 22201
Phone (800) 532-0204 Fax (703) 841-0206
Questions or Comments - email govrel@ncsc.dni.us
Copyright
© 2002 The National Center for State
Courts. All Rights Reserved. |
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