No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5258 Introduced in House (IH)]
<DOC>
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 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection and Advocacy for Criminal
Legal Services Act''.
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 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line