[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: 28CFR90.63]

[Page 386]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 90--VIOLENCE AGAINST WOMEN--Table of Contents
 
          Subpart D--Arrest Policies in Domestic Violence Cases
 
Sec. 90.63  Eligibility.

    (a) Eligible grantees are States, Indian tribal governments, or 
units of local government that:
    (1) Certify that their laws or official policies--
    (i) Encourage or mandate the arrest of domestic violence offenders 
based on probable cause that an offense has been committed; and
    (ii) Encourage or mandate the arrest of domestic violence offenders 
who violate the terms of a valid and outstanding protection order;
    (2) Demonstrate that their laws, policies, or practices and their 
training programs discourage dual arrests of offender and victim;
    (3) Certify that their laws, policies, or practices prohibit 
issuance of mutual restraining orders of protection except in cases 
where both spouses file a claim and the court makes detailed findings of 
fact indicating that both spouses acted primarily as aggressors and that 
neither spouse acted primarily in self-defense; and
    (4) Certify that their laws, policies, or practices do not require, 
in connection with the prosecution of any misdemeanor or felony domestic 
violence offense, that the abused bear the costs associated with filing 
criminal charges or the service of such charges on an abuser, or that 
the abused bear the costs associated with the issuance or service of a 
warrant, protection order, or witness subpoena (arising from the 
incident that is the subject of arrest or criminal prosecution).
    (b) If these laws, policies, or practices are not currently in 
place, States, Indian tribal governments, and units of local government 
must provide assurances that they will be in compliance with the 
requirements of this section by the date on which the next session of 
the State or Indian Tribal legislature ends, or September 13, 1996, 
whichever is later. Omnibus Act 2102(a)(1) 42 U.S.C. 3796hh-1(a)(1).
    (c) For the purposes of this Program, a jurisdiction need not have 
pre-existing policies encouraging or mandating arrest to meet the 
eligibility requirements listed in this section. However, in its 
application for funding through this Program, a State, Indian tribal 
government, or unit of local government must identify the type of policy 
that it intends to develop, and specify the process by which the policy 
will be developed and enacted. The policy development process must 
involve a coordinated effort by criminal justice personnel and non-
profit, private, domestic violence or sexual assault programs, including 
State coalitions.