[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR90.53]

[Page 383-384]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 90--VIOLENCE AGAINST WOMEN--Table of Contents
 
       Subpart C--Indian Tribal Governments Discretionary Program
 
Sec. 90.53  Eligibility of Indian tribal governments.

    (a) General. Indian tribes as defined by Sec. 90.2 of this part 
shall be eligible for grants under this subpart.
    (b) Forensic medical examination payment requirement. (1) An Indian 
tribal government shall not be entitled to funds under this Program 
unless the Indian tribal government (or other governmental entity) 
incurs the full out-of-pocket costs of forensic medical examinations for 
victims of sexual assault.
    (2) An Indian tribal government shall be deemed to incur the full 
out-of-pocket costs of forensic medical examinations for victims of 
sexual assault if, where applicable, it meets the requirements of 
Sec. 90.14(b) or establishes that another governmental entity is 
responsible for providing the services or reimbursements meeting the 
requirements of Sec. 90.14(b).
    (c) Filing costs for criminal charges requirement. An Indian tribal 
government shall not be entitled to funds under this part unless the 
Indian tribal government either
    (1) Certifies that its laws, policies, and practices do not require 
the victim to bear the following costs in connection with the 
prosecution of any misdemeanor or felony domestic violence offense:
    (i) The cost associated with filing criminal charges against a 
domestic violence offender, or
    (ii) The costs associated with issuing or serving a warrant, 
protection order and/or witness subpoena arising from

[[Page 384]]

the incident that is the subject of the arrest or criminal prosecution, 
or
    (2) Assures that its laws, policies and practices will be in 
compliance with these requirements by September 13, 1996. (Section 
2006.)