S. 4462 — Introduced in Senate

II 117th CONGRESS 2d Session S. 4462 IN THE SENATE OF THE UNITED STATES June 23, 2022Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish a pilot program within the Office on Violence Against Women of the Department of Justice relating to advocacy for domestic violence, sexual assault, dating violence, and stalking victims, and for other purposes. 1. Short title This Act may be cited as the Reaching Every Survivor with Police and On-site Nonprofit Services Evaluations Act of 2022 or the RESPONSE Act of 2022. 2. Pilot program (a) Definitions In this section: (1) Dating violence; domestic violence; victim advocate The terms dating violence, domestic violence, and victim advocate have the meaning given those term in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291). (2) Director The term Director means the Director of the Office on Violence Against Women of the Department of Justice. (3) Eligible entity The term eligible entity means a community-based organization or a victim service provider (as defined in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291)) that— (A) has demonstrated capacity to assist victims of domestic violence, sexual assault, dating violence, or stalking in crisis through a victim advocate program; (B) is prepared to provide victim-centered, culturally relevant, and trauma-informed services to victims of domestic violence, sexual assault, dating violence, or stalking; (C) has a cooperative agreement or memorandum of understanding in effect with a local law enforcement agency that indicates a partnership in responding to domestic violence, sexual assault, dating violence, or stalking; and (D) operates a transitional shelter for domestic or sexual assault victims or has a cooperative agreement with a local transitional shelter that can house victims assisted by a victim advocate of the eligible entity on the crime scene of a domestic violence, sexual assault, dating violence, or stalking call if necessary. (4) Law enforcement agency The term law enforcement agency has the meaning given the term law enforcement in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291). (5) Law enforcement officer The term law enforcement officer means an agent of a law enforcement agency with responsibilities to provide public safety. (b) Pilot program authorized (1) In general The Director shall establish a pilot program under which the Director awards competitive grants to eligible entities for the purpose of working collaboratively with local law enforcement agencies to dispatch victim advocates to domestic violence, sexual assault, dating violence, or stalking crime scenes in accordance with paragraph (2). (2) Crime scene advocacy With respect to a crime scene to which a victim advocate is dispatched under paragraph (1)— (A) the victim advocate shall arrive at the crime scene— (i) after the crime scene is secured by a law enforcement officer; (ii) when an arrest is made; or (iii) when there is probable cause to make an arrest, but the perpetrator of the crime has fled; and (B) a law enforcement officer shall remain at the crime scene while the victim advocate meets with a victim. (3) Victim confidentiality A victim of domestic violence, sexual assault, dating violence, or stalking who receives advice, counseling, or assistance from a victim advocate under this subsection shall have the privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications. (4) Minimum number of awards The Director shall award not fewer than 3 grants under this subsection. (c) Applications An eligible entity seeking a grant under subsection (b) shall submit to the Director an application at such at such time, in such manner, and containing or accompanied by such information as the Director may reasonably require. (d) Duration; stages (1) In general The pilot program established under subsection (b) shall terminate on the date that is 3 years after the date on which the Director notifies the first eligible entity that eligible entity is receiving a grant under the pilot program. (2) 2nd and final years During the 2-year period beginning on the date on which the Director awards a grant under this section, the Director shall continue to implement the pilot program established under subsection (b). (e) Duties of eligible entity The head of the eligible entity shall— (1) hire additional staff— (A) to dispatch victim advocates to crime scenes in accordance with subsection (b)(2); or (B) if a crime scene is not accessible to a victim advocate in accordance with subsection (b)(2)(A), to work with the victim of a crime at another location; (2) develop policies for collaborating with law enforcement agencies on dispatching victim advocates to domestic violence, sexual assault, dating violence, or stalking crime scenes; (3) train the staff and volunteers of the eligible entity and each law enforcement agency with which the eligible entity has a partnership on the policies developed under paragraph (2); and (4) begin implementing the pilot program established under subsection (b). (f) Use of funds An eligible entity that receives a grant under subsection (b) shall use a portion of the grant to— (1) acquire or update dispatch software, as necessary; and (2) acquire language interpretation services that allow victim advocates to communicate with individuals with limited English proficiency. (g) Report (1) In general Not later than 3 years after the date of enactment of this Act, the Director shall make public a report that includes data collection and analysis relating to domestic violence, sexual assault, dating violence, or stalking calls in which victim advocates of the eligible entity were involved during the pilot program established under this section. (2) Contents The report required under paragraph (1) shall include— (A) a description of the activities and accomplishments of the eligible entity in participating in the pilot program; (B) the total number of times that a victim advocate of the eligible entity was dispatched or arrived to the crime scene of a domestic violence, sexual assault, dating violence, or stalking call; (C) whether the eligible entity observed a reduction in repeat domestic violence, dating violence, sexual assault, or stalking calls; (D) whether victims connected with services of the eligible entity beyond the advocacy occurring at a crime scene; and (E) any other information relating to the pilot program. (h) Expansion Notwithstanding subsection (d)(1), the Director may continue and expand the pilot program by awarding additional grants under subsection (b) if, during the third year of the pilot program established under this section, the Director determines that data from the pilot program is promising in reducing— (1) homicides as a result of domestic violence, dating violence, sexual assault, or stalking; and (2) repeated calls relating to domestic violence, dating violence, sexual assault, or stalking from the same individuals. (i) Authorization of appropriations Of the amounts authorized to be appropriated for discretionary grants under part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10461 et seq.) for each of fiscal years 2023 through 2025, such sums as may be necessary are authorized to be appropriated to carry out this section for each of those fiscal years.