AMENDMENTS 1993-Pub. L. 103-121 substituted "section 10601(d)(2)(D) and (d)(3) of this title." for "section 10601(d)(2) of this title". SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 5106c, 5106f, 10601 of this title. § 10604. Administrative provisions (a) Authority of Director to establish rules and regulations The Director may establish such rules, regulations, guidelines, and procedures as are necessary to carry out any function of the Director under this chapter. (b) Recordkeeping Each recipient of sums under this chapter shall keep such records as the Director shall prescribe, including records that fully disclose the amount and disposition by such recipient of such sums, the total cost of the undertaking for which such sums are used, and that portion of the cost of the undertaking supplied by other sources, and such other records as will facilitate an effective audit. (c) Access of Director to books and records for purpose of audit and examination The Director shall have access, for purpose of audit and examination, to any books, documents, papers, and records of the recipient of sums under this chapter that, in the opinion of the Director, may be related to the expenditure of funds received under this chapter. (d) Revealing research or statistical information; prohibition; immunity from legal proceedings; permission; admission of information as evidence Except as otherwise provided by Federal law, no officer or employee of the Federal Government, and no recipient of sums under this chapter, shall use or reveal any research or statistical information furnished under this chapter by any person and identifiable to any specific private person for any purpose other than the purpose for which such information was obtained in accordance with this chapter. Such information, and any copy of such information, shall be immune from legal process and shall not, without the consent of the person furnishing such information, be admitted as evidence or used for any purpose in any action, suit, or other judicial, legislative, or administrative proceeding. (e) Discrimination prohibited No person shall on the ground of race, color, religion, national origin, handicap, or sex be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with, any undertaking funded in whole or in part with sums made available under this chapter. (f) Failure to comply with provisions; notice and hearing; power of Director If, after reasonable notice and opportunity for a hearing on the record, the Director finds that a State has failed to comply substantially with any provision of this chapter or a rule, regulation, guideline, or procedure issued under this chapter, or an application submitted in accordance with this chapter or the provisions of any other applicable law, the Director shall(1) terminate payments to such State; (2) suspend payments to such State until the Director is satisfied that such noncompliance has ended; or (3) take such other action as the Director deems appropriate. (g) Report The Director shall, on December 31, 1990, and on June 30 every two years thereafter, report to the President and to the Congress on the revenue derived from each source described in section 10601 of this title and on the effectiveness of the activities supported under this chapter. The Director may include in such report recommendations for legislation to improve this chap ter. (h) Maintenance of effort Each entity receiving sums made available under this chapter for administrative purposes shall certify that such sums will not be used to supplant State or local funds, but will be used to increase the amount of such funds that would, in the absence of Federal funds, be made available for these purposes. (Pub. L. 98-473, title II, § 1407, Oct. 12, 1984, 98 Stat. 2176; Pub. L. 99-646, § 48, Nov. 10, 1986, 100 Stat. 3605; Pub. L. 100-690, title VII, § 7123(b)(10)–(14), Nov. 18, 1988, 102 Stat. 4421, 4422; Pub. L. 103-322, title XXIII, §§ 230206, 230207, Sept. 13, 1994, 108 Stat. 2080.) REFERENCES IN TEXT This chapter, referred to in subsec. (h), was in the original "this Act", and was translated as reading “this chapter", meaning chapter XIV of title II of Pub. L. 98-473, to reflect the probable intent of Congress. AMENDMENTS 1994-Subsec. (g). Pub. L. 103-322, § 230207, which directed the substitutior of “and on June 30 every two years thereafter" for "and on December 31 every two years thereafter", was executed by making the substitution for "and on December 31 every 2 years thereafter", to reflect the probable intent of Congress. Subsec. (h). Pub. L. 103-322, § 230206, added subsec. (h). 1988-Subsec. (a). Pub. L. 100–690, § 7123(b)(10), substituted "Director" for "Attorney General" in two places and "under this chapter" for "under this chapter and may delegate to any officer or employee of the Department of Justice any such function as the Attorney General deems appropriate". Subsec. (b). Pub. L. 100-690, § 7123(b)(11), substituted "Director" for "Attorney General". Subsec. (c). Pub. L. 100-690, § 7123(b)(12), which directed substitution of "Director" for “Attorney General or any duly authorized representative of the Attorney General", was executed by making substitution in two places. Subsec. (f). Pub. L. 100-690, § 7123(b)(13), substituted "Director" for "Attorney General" two places in introductory provisions and in pars. (2) and (3). Subsec. (g). Pub. L. 100-690, § 7123(b)(14), substituted "Director" for "Attorney General" in two places and "on December 31, 1990, and on December 31 every 2 years thereafter" for "no later than December 31, 1987". 1986 Subsecs. (g), (h). Pub. L. 99-646 redesignated subsec. (h) as (g) and substituted “1402", which was translated as "section 10601 of this title" for "1302", which had been editorially translated as "section 10601 of this title", thereby requiring no change in text. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-690 not applicable with respect to a State compensation program that was an eligible State crime victim compensation program on Nov. 18, 1988, until Oct. 1, 1991, see section 7129 of Pub. L. 100-690, as amended, set out as a note under section 10601 of this title. § 10605. Establishment of Office for Victims of Crime (a) Office established within Department of Justice There is established within the Department of Justice an Office for Victims of Crime (hereinafter in this chapter referred to as the "Office"). (b) Appointment of Director; authority; restrictions The Office shall be headed by a Director (referred to in this chapter as the "Director"), who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall report to the Attorney General through the Assistant Attorney General for the Office of Justice Programs and shall have final authority for all grants, cooperative agreements, and contracts awarded by the Office. The Director shall not engage in any employment other than that of serving as the Director, nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other agreement under this chapter.1 (c) Duties of Director The Director shall have the following duties: (1) Administering funds made available by section 10601 of this title. (2) Providing funds to eligible States pursuant to sections 10602 and 10603 of this title. (3) Establishing programs in accordance with section 10603(c) of this title on terms and conditions determined by the Director to be consistent with that subsection. (4) Cooperating with and providing technical assistance to States, units of local government, and other public and private organizations or international agencies involved in activities related to crime victims. (5) Such other functions as the Attorney General may delegate. (Pub. L. 98-473, title II, § 1411, as added Pub. L. 100-690, title VII, § 7123(a), Nov. 18, 1988, 102 Stat. 4420.) EFFECTIVE DATE Section not applicable with respect to a State compensation program that was an eligible State crime victim compensation program on Nov. 18, 1988, until Oct. 1, 1991, see section 7129 of Pub. L. 100-690, as amended, set out as an Effective Date of 1988 Amendment note under section 10601 of this title. § 10606. Victims' rights (a) Best efforts to accord rights Officers and employees of the Department of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that victims of crime are accorded the rights described in subsection (b) of this section. (b) Rights of crime victims A crime victim has the following rights: (1) The right to be treated with fairness and with respect for the victim's dignity and privacy. (2) The right to be reasonably protected from the accused offender. (3) The right to be notified of court proceedings. (4) The right to be present at all public court proceedings related to the offense, unless the court determines that testimony by the victim would be materially affected if the victim heard other testimony at trial. (5) The right to confer with1 attorney for the Government in the case. (6) The right to restitution. (7) The right to information about the conviction, sentencing, imprisonment, and release of the offender. (c) No cause of action or defense This section does not create a cause of action or defense in favor of any person arising out of the failure to accord to a victim the rights enumerated in subsection (b) of this section. (Pub. L. 101-647, title V, § 502, Nov. 29, 1990, 104 Stat. 4820.) CODIFICATION Section enacted as part of the Victims' Rights and Restitution Act of 1990 and also as part of the Crime Control Act of 1990, and not as part of the Victims of Crime Act of 1984 which comprises this chapter. SENSE OF CONGRESS WITH RESPECT TO VICTIMS OF CRIME Section 506 of Pub. L. 101-647 provided that: "It is the sense of Congress that the States should make every effort to adopt the following goals of the Victims of Crime Bill of Rights: "(1) Victims of crime should be treated with compassion, respect and dignity throughout the criminal Justice process. "(2) Victims of crime should be reasonably protected from the accused throughout the criminal justice process. "(3) Victims of crime should have a statutorily designated advisory role in decisions involving prosecutorial discretion, such as the decision to plea-bargain. 1 So in original. Probably should be followed by "the". "(4) Victims of crime should have the right to a reasonable assurance that the accused will be tried in an expeditious manner. "(5) A victim of crime should have the right to be present at all proceedings related to the offense against him, unless the victim is to testify and the court determines that the victim's testimony would be materially prejudiced by hearing other testimony at the trial. "(6) Victims of crime should have the right to information about the conviction, sentencing and imprisonment of the person who committed the crime against them. "(7) Victims of crime should be compensated for the damage resulting from the crime to the fullest extent possible by the person convicted of the crime. "(8) Victims of crime should have a statutorily designated advisory role in deciding the early release status of the person convicted of the crime against them. "(9) A victim of crime should never be forced to endure again the emotional and physical consequences of the original crime." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 10607 of this title. § 10607. Services to victims (a) Designation of responsible officials The head of each department and agency of the United States engaged in the detection, investigation, or prosecution of crime shall designate by names and office titles the persons who will be responsible for identifying the victims of crime and performing the services described in subsection (c) of this section at each stage of a criminal case. (b) Identification of victims At the earliest opportunity after the detection of a crime at which it may be done without interfering with an investigation, a responsible official shall (1) identify the victim or victims of a crime; (2) inform the victims of their right to receive, on request, the services described in subsection (c) of this section; and (3) inform each victim of the name, title, and business address and telephone number of the responsible official to whom the victim should address a request for each of the services described in subsection (c) of this section. (c) Description of services (1) A responsible official shall (A) inform a victim of the place where the victim may receive emergency medical and social services; (B) inform a victim of any restitution or other relief to which the victim may be entitled under this or any other law and 1 manner in which such relief may be obtained; (C) inform a victim of public and private programs that are available to provide counseling, treatment, and other support to the victim; and (D) assist a victim in contacting the persons who are responsible for providing the services and relief described in subparagraphs (A), (B), and (C). 1So in original. Probably should be followed by "the". (2) A responsible official shall arrange for a victim to receive reasonable protection from a suspected offender and persons acting in concert with or at the behest of the suspected offender. (3) During the investigation and prosecution of a crime, a responsible official shall provide a victim the earliest possible notice of (A) the status of the investigation of the crime, to the extent it is appropriate to inform the victim and to the extent that it will not interfere with the investigation; (B) the arrest of a suspected offender; (C) the filing of charges against offender; suspected (D) the scheduling of each court proceeding that the witness is either required to attend or, under section 10606(b)(4)2 of this title, is entitled to attend; (E) the release or detention status of an offender or suspected offender; (F) the acceptance of a plea of guilty or nolo contendere or the rendering of a verdict after trial; and (G) the sentence imposed on an offender, including the date on which the offender will be eligible for parole. (4) During court proceedings, a responsible official shall ensure that a victim is provided a waiting area removed from and out of the sight and hearing of the defendant and defense witnesses. (5) After trial, a responsible official shall provide a victim the earliest possible notice of (A) the scheduling of a parole hearing for the offender; (B) the escape, work release, furlough, or any other form of release from custody of the offender; and (C) the death of the offender, if the offender dies while in custody. (6) At all times, a responsible official shall ensure that any property of a victim that is being held for evidentiary purposes be maintained in good condition and returned to the victim as soon as it is no longer needed for evidentiary purposes. (7) The Attorney General or the head of another department or agency that conducts an investigation of a sexual assault shall pay, either directly or by reimbursement of payment by the victim, the cost of a physical examination of the victim which an investigating officer determines was necessary or useful for evidentiary purposes. The Attorney General shall provide for the payment of the cost of up to 2 anonymous and confidential tests of the victim for sexually transmitted diseases, including HIV, gonorrhea, herpes, chlamydia, and syphilis, during the 12 months following sexual assaults that pose a risk of transmission, and the cost of a counseling session by a medically trained professional on the accuracy of such tests and the risk of transmission of sexually transmitted diseases to the victim as the result of the assault. A victim may waive anonymity 'See References in Text note below. and confidentiality of any tests paid for under this section. (8) A responsible official shall provide the victim with general information regarding the corrections process, including information about work release, furlough, probation, and eligibility for each. (d) No cause of action or defense This section does not create a cause of action or defense in favor of any person arising out of the failure of a responsible person to provide information as required by subsection (b) or (c) of this section. (e) Definitions For the purposes of this section (1) the term "responsible official" means a person designated pursuant to subsection (a) of this section to perform the functions of a responsible official under that section; and (2) the term “victim” means a person that has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime, including (A) in the case of a victim that is an institutional entity, an authorized representative of the entity; and (B) in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, one of the following (in order of preference): (i) a spouse; (ii) a legal guardian; (iii) a parent; (iv) a child; (v) a sibling; (vi) another family member; or (vii) another person designated by the court. (Pub. L. 101-647, title V, § 503, Nov. 29, 1990, 104 Stat. 4820; Pub. L. 103-322, title IV, § 40503(a), Sept. 13, 1994, 108 Stat. 1946.) REFERENCES IN TEXT Section 10606(b)(4) of this title, referred to in subsec. (c)(3)(D), was in the original "section 1102(b)(4)", meaning section 1102(b)(4) of Pub. L. 101-647, which has been translated as reading section 502(b)(4) of Pub. L. 101-647 to reflect the probable intent of Congress because Pub. L. 101-647 does not contain a section 1102 and section 502(b)(4) relates to the right of crime victims to be present at public court proceedings. CODIFICATION Section enacted as part of the Victims' Rights and Restitution Act of 1990 and also as part of the Crime Control Act of 1990, and not as part of the Victims of Crime Act of 1984 which comprises this chapter. AMENDMENTS 1994-Subsec. (c)(7). Pub. L. 103-322 inserted at end "The Attorney General shall provide for the payment of the cost of up to 2 anonymous and confidential tests of the victim for sexually transmitted diseases, including HIV, gonorrhea, herpes, chlamydia, and syphilis, during the 12 months following sexual assaults that pose a risk of transmission, and the cost of a counseling session by a medically trained professional on the accuracy of such tests and the risk of transmission of sexually transmitted diseases to the victim as the result of the assault. A victim may waive anonymity and confidentiality of any tests paid for under this section." Sec. CHAPTER 113–STATE JUSTICE INSTITUTE 10701. 10702. 10703. 10704. 10705. 10706. 10707. (b) Priority in making awards; alternative recipients; approval of applications; receipt and administration of funds; accountability. (c) Permissible uses of funds. (d) Matching fund requirements. (e) Compliance monitoring and evaluation by Institute. (f) Independent study of financial and technical assistance programs. Limitations on grants and contracts. (a) Duties of Institute. (b) Use of funds for training programs for advocacy of nonjudicial public policies or encouraging nonjudicial political activities. (c) Authority coextensive with appropriation Acts. (d) Prohibited uses of funds. Restrictions on activities of Institute. (a) Litigation; interference with independence of State judiciary; funding of State judicial system activities other than pursuant to this chapter; legislative lobbying. Sec. 10708. 10709. 10710. 10711. 10712. 10713. (b) Issuance of shares of stock; declaration of dividends; compensation for services; reimbursement for expenses; political activities. (c) Identification of Institute with politi- Administrative provisions. (a) Reports. (b) Records. (c) Submission of copies of reports to re- Audits. (b) Additional audits; requirements; re- Report by Attorney General. Authorization of appropriations. 810701. Definitions As used in this chapter, the term (1) "Board" means the Board of Directors of the Institute; (2) "Director" means the Executive Director of the Institute; (3) "Governor" means the Chief Executive Officer of a State; (4) "Institute" means the State Justice Institute; (5) "recipient" means any grantee, contractor, or recipient of financial assistance under this chapter; (6) "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States; (7) "Supreme Court" means the highest appellate court within a State unless, for the purposes of this chapter, a constitutionally or legislatively established judicial council acts in place of that court; and (8) "domestic violence" means- (i) attempting to cause or intentionally, knowingly, or recklessly causing bodily injury or physical illness; (ii) rape, sexual assault, or causing involuntary deviate sexual intercourse; (iii) placing by physical menace another in fear of imminent serious bodily injury; or (iv) the infliction of false imprisonment; if such action is taken by one of 2 spouses, former spouses, or sexual or intimate partners against the other spouse, former spouse, or partner and the 2 of whom share biological parenthood of, have adopted, are legal custodians of, or are stepparents of a minor child; or (B) physically or sexually abusing such minor child if such abuse is inflicted by either of such spouses, former spouses, or partners. (Pub. L. 98-620, title II, § 202, Nov. 8, 1984, 98 Stat. 3336; Pub. L. 102-528, § 1, Oct. 27, 1992, 106 Stat. 3461.) REFERENCES IN TEXT This chapter, referred to in text, was in the original "this title" meaning title II of Pub. L. 98-620, Nov. 8, 1984, 98 Stat. 3336, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note below and Tables. AMENDMENTS 1992-Par. (8). Pub. L. 102-528 added par. (8). EFFECTIVE DATE Section 216 of title II of Pub. L. 98-620 provided that: "The provisions of this title [enacting this chapter and amending section 620 of Title 28, Judiciary and Judicial Procedure] shall take effect on October 1, 1985." SHORT TITLE Section 201 of title II of Pub. L. 98-620 provided that: "This title [enacting this chapter and amending section 620 of Title 28, Judiciary and Judicial Procedure] may be cited as the 'State Justice Institute Act of 1984'." TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13991, 14036 of this title. 810702. Establishment of Institute; duties (a) Establishment; purpose; incorporation; powers There is established a private nonprofit corporation which shall be known as the State Justice Institute. The purpose of the Institute shall be to further the development and adoption of improved judicial administration in State courts in the United States. The Institute may be incorporated in any State pursuant to section 10703(a)(6) of this title. To the extent consistent with the provisions of this chapter, the Institute may exercise the powers conferred upon a nonprofit corporation by the laws of the State in which it is incorporated. (b) Duties The Institute shall (1) direct a national program of assistance designed to assure each person ready access to a fair and effective system of justice by providing funds to (A) State courts; |