VAWA “Incentive” Programs
You likely received the following email from Amy Loder today but just in case you did not, please read below in italics for Amy’s message:
As you are aware, the Violence Against Women Act Reauthorization Act of 2022 (VAWA 2022) authorized two new “incentive” programs that, if funded, would enable states to receive extra funding for their STOP and/or SASP formula grants.
The first, which applies only to STOP grants, requires states to adopt certain laws, standards, and training relating to child custody.
The second, which applies to both programs (with 75% to SASP and 25% to STOP), is for laws making it a criminal offense for a person under color of state law to knowingly engage in a sex act with an individual who is under arrest, in detention, or otherwise in the custody of a law enforcement officer.
Both of these programs have been authorized, but not appropriated- meaning that no funds are available even for states that meet the requirements laid out in the laws. Should funds be appropriated, OVW will notify states of the availability of the funds, and the application process.
The process will likely be similar to that used for the Rape Survivor Child Custody Act (RSSCA) where each state that wishes to apply submits a letter from an appropriate legal authority (such as the state Attorney General) attesting to the state’s compliance and including citations for authorities relied on in the determination, such as statutes and case law. OVW attorneys review the letters and the cited authorities to determine eligibility.
If a state is working an passing laws with the hope of applying to one of these incentive programs (including the RSCCA) in the future, please contact Marnie Shiels (firstname.lastname@example.org) who may be able to provide you with further information about the statutory requirements.