Program Brief

INTRODUCTION
The STOP (Services • Training • Officers • Prosecutors) Violence Against Indian Women Discretionary Grant Program (STOP VAIW Program) is intended to reduce violent crimes against Indian women by providing grants to Indian tribal governments to develop and strengthen the tribal justice system's response (including law enforcement, prosecution, victim services, and courts) to violence against Indian women and to improve services to victims of domestic violence, sexual assault, and stalking. The STOP VAIW Program encourages tribal governments to develop and implement effective strategies tailored to address their unique circumstances. Authorized under the Violence Against Women Act (VAWA), STOP VAIW Program discretionary grants are administered by the Office of Violence Against Women (OVW), U.S. Department of Justice.

PROGRAM STRATEGY
The STOP VAIW Program supports tribal governments' efforts to implement a coordinated and integrated approach to reduce violent crimes against Indian women and enhance their safety. The STOP VAIW Program requires a coordinated approach that is a partnership between the components of the justice systems responsible for handling domestic violence, sexual assault, and stalking cases and the nonprofit, nongovernmental victim services providers who assist victims of domestic violence, sexual assault, and stalking. If a nonprofit, nongovernmental victim services provider does not exist in the community, tribal governments must consult and coordinate with the tribal government's victim services program and community members to be served.

SCOPE OF PROGRAM
Tribal governments may use grant funds for the following statutory purposes:

• Training tribal law enforcement officers, judges, other court personnel, and prosecutors to more effectively identify and respond to violent crimes against Indian women, including the crimes of sexual assault, domestic violence, and dating violence;
• Developing, training, or expanding units of tribal law enforcement officers, judges, other court personnel, and prosecutors specifically targeting violent crimes against women, including the crimes of sexual assault and domestic violence;
• Developing and implementing more effective police, court, and prosecution policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to violent crimes against Indian women, including the crimes of sexual assault and domestic violence;
• Developing, installing, or expanding data collection and communication systems, including computerized systems, linking tribal police, prosecutors, and courts or for the purpose of identifying and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions for violent crimes against women, including the crimes of sexual assault and domestic violence;
• Developing, enlarging, or strengthening victim services programs, including sexual assault, domestic violence, and dating violence programs; developing or improving delivery of victim services to underserved populations; providing specialized domestic violence court advocates; and increasing reporting and reducing attrition rates for cases involving violent crimes against Indian women, including crimes of sexual assault, domestic violence, and dating violence;
• Developing, enlarging, or strengthening programs that address stalking;
• Developing, enlarging, or strengthening programs addressing the needs and circumstances of Indian tribes in dealing with violent crimes against women, including the crimes of sexual assault and domestic violence;
• Training of sexual assault forensic medical personnel examiners in the collection and preservation of evidence, analysis, prevention, and providing expert testimony and treatment of trauma related to sexual assault;
• Supporting formal and informal multidisciplinary, cross-jurisdictional efforts to coordinate the response of law enforcement agencies, prosecutors, courts, victim services agencies, and other agencies and departments, to violent crimes against women, including the crimes of sexual assault, domestic violence, and dating violence;
• Developing, enlarging, or strengthening programs to assist law enforcement, prosecutors, courts, and others to address the needs and circumstances of older and disabled women who are victims of sexual assault or domestic violence, including recognizing, investigating, and prosecuting instances of such violence or assault and targeting outreach and support, counseling, and other victim services to such older and disabled individuals; and
• Providing assistance to victims of sexual assault and domestic violence in immigration matters.

PROGRAM ELIGIBILITY

• Must be federally recognized tribal government or consortium (see below).
• Must collaborate with a nonprofit, nongovernmental victim services provider (see below)
• The tribe must certify that they must meet Violence Against Women Act (VAWA) statutory eligibility requirements (see below)

Recognized Tribal Government or Consortium
Tribal governments are eligible to apply for grants to address violence against Indian women through the STOP VAIW Program. The term Indian tribe means a tribe, band, pueblo, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation [as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)], that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

Tribes participating in the services provided by a consortium are eligible to apply for funding through this Program. Any organized group or community of Indians or a consortium representing several Indian tribal governments that requests funding must submit a tribal resolution from each constituent tribal government that would participate in the activities outlined in the application.

Collaboration with a Nonprofit, Nongovernmental Victim Services Provider
In addition, all applicants must demonstrate that the proposed project was developed in consultation with nonprofit, nongovernmental Indian victim services programs, including sexual assault and domestic violence victim services providers, to the extent that they exist, or with governmental victim services and victims in the community to be served, and that such agencies or individuals will participate in the development and execution of the implementation plan.

Statutory Eligibility Requirements of VAWA
Tribal governments must certify compliance with the statutory eligibility requirements of VAWA, which require tribal governments or another governmental entity to incur all out-of-pocket costs of forensic medical examinations for sexual assault victims and certify that victims do not bear the costs for criminal charges and protection orders.

Forensic Medical Examination Payment Requirements for Victims of Sexual Assault
The term forensic medical examination means an examination provided to a sexual assault victim by medical personnel trained to gather evidence of a sexual assault in a manner suitable for use in a court of law. The examination should include at a minimum:

• Examination of physical trauma.
• Determination of penetration or force.
• Patient interview.
• Collection and evaluation of evidence.

The inclusion of additional procedures (e.g., testing for sexually transmitted diseases) to obtain evidence may be determined by the Indian tribal government in accordance with its current laws, policies, and practices.

An Indian tribe is in compliance with the forensic medical examination payment requirement if the tribal government or another governmental entity incurs the full out-of-pocket costs of forensic medical examinations for victims of sexual assault. Full out-of-pocket costs means any expense that may be charged to a victim in connection with a forensic medical examination for the purpose of gathering evidence of a sexual assault (e.g., the full cost of the examination, an insurance deductible, or a fee established by the physician or facility conducting the examination). For individuals covered by insurance, full out-of-pocket costs means any costs the insurer does not pay. A tribal government or another governmental entity must:

• Provide such examinations to victims free of charge to the victim;
• Arrange for victims to obtain such examinations free of charge to the victims; or
• Reimburse victims for the cost of examinations if:
  • The reimbursement covers the full out-of-pocket costs of such examinations, without any deductible requirement or maximum limit on the amount of reimbursement;
  • The governmental entity permits victims to apply for reimbursement for up to one year from the date of the examination;
  • The governmental entity provides reimbursement to the victim not later than 90 days after written notification of the victim's expense; and
  • The governmental entity provides information at the time of the examination to all victims, including victims with limited or no English proficiency, regarding how to obtain reimbursement.

Costs for Criminal Charges and Protection Orders
A tribal government must certify that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, or in connection with the filing, issuance, registration, or service of a protection order, or a petition for a protection order, to protect a victim of domestic violence, stalking, or sexual assault, 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, or service of a warrant, protection order, petition for a protection order, or witness subpoena, whether issued inside or outside the tribal jurisdiction. A tribal government must assure the Attorney General that its laws, policies, and practices will be in compliance with these provisions by the date on which the next session of the tribal legislature ends.

For more information about the STOP Violence Against Indian Women Discretionary Grant Program, please contact:

Office on Violence Against Women (OVW)
800 K Street, N.W., Suite 920
Washington, D.C. 20530
Phone: 202-307-6026
Fax: 202-307-3911
TTY: 202-307-2277
Website: www.usdoj.gov/ovw