1122-0001 Certification of Compliance with the Statutory Eligibili

OMB Number – 1122-0001

Expiration Date:04/30/2022

U.S. Department of Justice

Office on Violence Against Women

Certification of Compliance with the Statutory Eligibility Requirements of the Violence Against Women Act as Amended, STOP Formula Grant Program

Applicants should refer to the laws cited below for further information regarding the certifications to which they are required to attest. Signature on this form certifies that the applicant is qualified to receive the STOP Formula Grant Program funds and is in compliance with relevant requirements under 34 U.S.C §§ 10441, 10446 through 10451, 10454 and 28 C.F.R. Part 90. These certifications will be treated as a material representation of fact upon which the Department of Justice will rely if it determines to award the covered transaction, grant, or cooperative agreement.

Upon complying with the application requirements set forth in the solicitation, any state (or territory) will be qualified for funds provided under the STOP Formula Grant Program upon certification that:

1. the funds will be used only for the statutory purposes described in 34 U.S.C. § 10441(a) and (b);

2. grantees and subgrantees will develop plans for implementation, consistent with the requirements of 34 U.S.C. 10446(i), and will consult and coordinate with:

   1. the state sexual assault coalition;

   2. the state domestic violence coalition;

   3. the law enforcement entities within the state;

   4. prosecution offices;

   5. state and local courts;

   6. tribal governments in those states with state or federally recognized Indian tribes;

   7. representatives from underserved populations, including culturally specific populations;

   8. victim service providers;

   9. population specific organizations; and

   10. other entities that the state or the Attorney General identifies as needed for the planning process;

3. grantees will coordinate the state implementation plan with the state plans described in section 307 of the Family Violence Prevention and Services Act (42 U.S.C. 10407) and the programs described in section 1404 of the Victims of Crime Act of 1984 (34 U.S.C. 20103) and section 393A of the Public Health Service Act (42 U.S.C. 280b-1b).

4. the amount granted will be allocated, without duplication, as follows: not less than 25 percent for law enforcement, not less than 25 percent for prosecutors, not less than 30 percent for victim

services (of which at least 10 percent will be distributed to culturally specific community-based organizations), and not less than 5 percent to state and local courts;

5. not less than 20 percent of the total amount granted to a state under the STOP Formula Grant Program will be allocated for programs or projects in 2 or more allocations listed in paragraph (4) that meaningfully address sexual assault, including stranger rape, acquaintance rape, alcohol or drug-facilitated rape, and rape within the context of an intimate partner relationship; and

6. any federal funds received under the STOP Formula Grant Program will be used to supplement, not supplant, nonfederal funds that would otherwise be available for activities funded under this Program.

In addition, to be eligible for funding under the STOP Formula Grant Program, applicants must also certify compliance with the requirements in 34 U.S.C. §§ 10449, 10450,10451, and 10454 (including the implementing provisions of 28 C.F.R. Part 90), and the applicable grant conditions at 34 U.S.C. § 12291(b), as follows:

1. Forensic Medical Examination Payment Requirement for Victims of Sexual Assault

1. A state, Indian tribal government, or unit of local government will not be entitled to funds under the STOP Formula Grant Program unless the state, Indian tribal government, unit of local government, or another governmental entity—

1. incurs the full out-of-pocket cost of forensic medical exams for victims of sexual assault; and

2. coordinates with health care providers in the region to notify victims of sexual assault of the availability of rape exams at no cost to the victims.

2. A state, Indian tribal government, or unit of local government will be deemed to incur the full out-of-pocket cost of forensic medical exams for victims of sexual assault if any government entity—

1. provides such exams to victims free of charge to the victim; or

2. arranges for victims to obtain such exams free of charge to the victims.

3. A state or Indian tribal government may use STOP Formula Grant Program funds to pay for forensic medical exams performed by trained examiners for victims of sexual assault, except that such funds may not be used to pay for forensic medical exams by any state, Indian tribal government, or territorial government that requires victims of sexual assault to seek reimbursement for such exams from their insurance carriers.

4. To be in compliance with this forensic medical examination payment certification, a state, Indian tribal government, or unit of local government must comply with subsection (b) above without regard to whether the victim participates in the criminal justice system or cooperates with law enforcement.

2. Filing Costs for Criminal Charges and Protection Orders

A state, Indian tribal government, or unit of local government will not be entitled to funds under the STOP Formula Grant Program unless it certifies that its laws, policies, and practices do not

require, in connection with the prosecution of any misdemeanor or felony sexual assault, domestic violence, dating violence, or stalking offense, or in connection with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal or service of a protection order, or a petition for a protection order, to protect a victim of domestic violence, dating violence, sexual assault, or stalking, that the victim bear the costs associated with the filing of criminal charges against the offender, or the costs associated with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal or service of a warrant, protection order, petition for a protection order, or witness subpoena, whether issued inside or outside the State, tribal, or local jurisdiction.

2. Judicial Notification

A state or unit of local government will not be entitled to funds under the STOP Formula Grant Program unless the state or unit of local government certifies that its judicial administrative policies and practices include notification to domestic violence offenders of the requirements delineated in section 922(g)(8) and (g)(9) of title 18,

United States Code, and any applicable related federal, state, or local laws.

4. Polygraph Testing Prohibition

1. In order to be eligible for grants under the STOP Formula Grant Program, a state, Indian tribal government, territorial government, or unit of local government will certify that their laws, policies, or practices ensure that no law enforcement officer, prosecuting officer or other government official will ask or require an adult, youth, or child victim of an alleged sex offense as defined under federal, tribal, state, territorial, or local law to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of such an offense.

2. The refusal of a victim to submit to a polygraph or other truth telling examination will not prevent the investigation, charging, or prosecution of an alleged sex offense by a state, Indian tribal government, territorial government, or unit of local government.

4. Grant Eligibility Regarding Compelling Victim Testimony

In order for a prosecutor’s office to be eligible to receive subgrant funds under the STOP Formula Grant Program, the head of the office will certify, to the state, Indian tribal government, or territorial government receiving the STOP funding, that the office will, during the 3-year period beginning on the date on which the subgrant is awarded, engage in planning, developing and implementing—

(1) training developed by experts in the field regarding victim-centered approaches in domestic violence, sexual assault, dating violence, and stalking cases;

(2) policies that support a victim-centered approach, informed by such training; and

(3) a protocol outlining alternative practices and procedures for material witness petitions and bench warrants, consistent with best practices, that will be exhausted before employing material witness petitions and bench warrants to obtain victim-witness testimony in the investigation, prosecution, and trial of a crime related to domestic violence, sexual assault, dating violence, and stalking of the victim in order to prevent further victimization and trauma to the victim.

(6) Compliance with Grant Conditions

A state or territory will not be eligible for grant funds under the STOP Formula Grant Program unless it certifies compliance with the grant conditions under 34 U.S.C. § 12291(b), as applicable.

As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with above certifications.

Typed Name of Authorized Representative Title Email Address

Agency Name State

Signature of Authorized Representative Date Signed