*SEC. 844. ESTABLISHMENT OF PROGRAM. * * (a) IN GENERAL.- * * (1) STATE GUIDELINES.-IN ACCORDANCE WITH THIS SECTION, THE * * ATTORNEY GENERAL SHALL ESTABLISH GUIDELINES FOR STATE PROGRAMS TO * * REQUIRE A SEXUALLY VIOLENT PREDATOR TO REGISTER A CURRENT ADDRESS * * WITH A DESIGNATED STATE LAW ENFORCEMENT AGENCY UPON RELEASE FROM * * PRISON, BEING PLACED ON PAROLE, OR BEING PLACED ON SUPERVISED * * RELEASE. THE ATTORNEY GENERAL SHALL APPROVE EACH STATE PROGRAM THAT * * COMPLIES WITH THE GUIDELINES. * * (2) STATE COMPLIANCE.- * * (A) IMPLEMENTATION DATE.-A STATE THAT DOES NOT IMPLEMENT A * * PROGRAM DESCRIBED IN PARAGRAPH (1) BY THE DATE THAT IS 3 YEARS * * AFTER THE DATE OF ENACTMENT OF THIS ACT, AND MAINTAIN THE * * IMPLEMENTATION THEREAFTER, SHALL BE INELIGIBLE FOR FUNDS IN * * ACCORDANCE WITH SUBPARAGRAPH (B). * * (B) INELIGIBILITY FOR FUNDS.- * * (I) IN GENERAL.-A STATE THAT DOES NOT IMPLEMENT THE * * PROGRAM AS DESCRIBED IN SUBPARAGRAPH (A) SHALL NOT RECEIVE * * 10 PERCENT OF THE FUNDS THAT WOULD OTHERWISE BE ALLOCATED TO* * THE STATE UNDER SECTION 506 OF THE OMNIBUS CRIME CONTROL AND* * SAFE STREETS ACT OF 1968 (42 U.S.C. 3756). * * (II) REALLOCATION OF FUNDS.-FUNDS MADE AVAILABLE UNDER * * CLAUSE (I) SHALL BE REALLOCATED, IN ACCORDANCE WITH SUCH * * SECTION, TO SUCH STATES AS IMPLEMENT THE PROGRAM AS * * DESCRIBED IN SUBPARAGRAPH (A). * * (B) REGISTRATION REQUIREMENT UPON RELEASE, PAROLE, OR SUPERVISED * *RELEASE.- * * (1) IN GENERAL.-AN APPROVED STATE PROGRAM ESTABLISHED IN * * ACCORDANCE WITH THIS SECTION SHALL CONTAIN THE REQUIREMENTS * * DESCRIBED IN THIS SECTION. * * (2) DETERMINATION.-THE DETERMINATION THAT A PERSON IS A "SEXUALLY * * VIOLENT PREDATOR" AND THE DETERMINATION THAT A PERSON IS NO LONGER A* * "SEXUALLY VIOLENT PREDATOR" SHALL BE MADE BY THE SENTENCING COURT * * AFTER RECEIVING A REPORT BY A BOARD OF EXPERTS ON SEXUAL OFFENSES. * * EACH STATE SHALL ESTABLISH A BOARD COMPOSED OF EXPERTS IN THE FIELD * * OF THE BEHAVIOR AND TREATMENT OF SEXUAL OFFENDERS. * * (3) NOTIFICATION.-IF A PERSON WHO IS REQUIRED TO REGISTER UNDER * * THIS SECTION IS ANTICIPATED TO BE RELEASED FROM PRISON, PAROLED, OR * * PLACED ON SUPERVISED RELEASE, A STATE PRISON OFFICER SHALL, NOT * * LATER THAN 90 DAYS BEFORE THE ANTICIPATED DATE OF THE RELEASE OR * * COMMENCEMENT OF THE PAROLE- * * (A) INFORM THE PERSON OF THE DUTY TO REGISTER; * * (B) INFORM THE PERSON THAT IF THE PERSON CHANGES RESIDENCE * * ADDRESS, THE PERSON SHALL GIVE THE NEW ADDRESS TO A DESIGNATED * * STATE LAW ENFORCEMENT AGENCY IN WRITING NOT LATER THAN 10 DAYS * * AFTER THE CHANGE OF ADDRESS; * * (C) OBTAIN THE NAME OF THE PERSON, IDENTIFYING FACTORS, * * ANTICIPATED FUTURE RESIDENCE, OFFENSE HISTORY, AND DOCUMENTATION* * OF ANY TREATMENT RECEIVED FOR THE MENTAL ABNORMALITY OR * * PERSONALITY DISORDER OF THE PERSON; AND * * (D) REQUIRE THE PERSON TO READ AND SIGN A FORM STATING THAT * * THE DUTY OF THE PERSON TO REGISTER UNDER THIS SECTION HAS BEEN * * EXPLAINED. * * (4) TRANSFER OF INFORMATION TO STATE AND THE FBI.-NOT LATER THAN 3* * DAYS AFTER THE RECEIPT OF THE INFORMATION DESCRIBED IN PARAGRAPH * * (2), THE OFFICER SHALL FORWARD THE INFORMATION TO A DESIGNATED STATE* * LAW ENFORCEMENT AGENCY. AS SOON AS PRACTICABLE AFTER THE RECEIPT OF * * THE INFORMATION BY THE STATE LAW ENFORCEMENT AGENCY, THE AGENCY * * SHALL- * * (A) ENTER THE INFORMATION INTO THE APPROPRIATE STATE LAW * * ENFORCEMENT RECORD SYSTEM AND NOTIFY THE APPROPRIATE LAW * * ENFORCEMENT AGENCY THAT HAS JURISDICTION OVER THE AREA IN WHICH * * THE PERSON EXPECTS TO RESIDE; AND * * (B) TRANSMIT THE INFORMATION TO THE IDENTIFICATION DIVISION OF* * THE FEDERAL BUREAU OF INVESTIGATION. * * (5) QUARTERLY VERIFICATION.- * * (A) MAILING TO PERSON.-NOT LESS THAN EVERY 90 DAYS AFTER THE * * DATE OF THE RELEASE OR COMMENCEMENT OF PAROLE OF A PERSON UNDER * * PARAGRAPH (2), THE DESIGNATED STATE LAW ENFORCEMENT AGENCY SHALL* * MAIL A NONFORWARDABLE VERIFICATION FORM TO THE LAST REPORTED * * ADDRESS OF THE PERSON. * * (B) RETURN OF VERIFICATION FORM.- * * (I) IN GENERAL.-THE PERSON SHALL RETURN, BY MAIL, THE * * VERIFICATION FORM TO THE AGENCY NOT LATER THAN 10 DAYS AFTER* * THE RECEIPT OF THE FORM. THE VERIFICATION FORM SHALL BE * * SIGNED BY THE PERSON, AND SHALL STATE THAT THE PERSON * * CONTINUES TO RESIDE AT THE ADDRESS LAST REPORTED TO THE * * DESIGNATED STATE LAW ENFORCEMENT AGENCY. * * (II) FAILURE TO RETURN.-IF THE PERSON FAILS TO MAIL THE * * VERIFICATION FORM TO THE DESIGNATED STATE LAW ENFORCEMENT * * AGENCY BY THE DATE THAT IS 10 DAYS AFTER THE RECEIPT OF THE * * FORM BY THE PERSON, THE PERSON SHALL BE IN VIOLATION OF THIS* * SECTION UNLESS THE PERSON PROVES THAT THE PERSON HAS NOT * * CHANGED THE RESIDENCE ADDRESS OF THE PERSON. * * (6) NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGES IN * * ADDRESSES.-ANY CHANGE OF ADDRESS BY A PERSON REQUIRED TO REGISTER * * UNDER THIS SECTION THAT IS REPORTED TO THE DESIGNATED STATE LAW * * ENFORCEMENT AGENCY SHALL AS SOON AS PRACTICABLE BE REPORTED TO THE * * APPROPRIATE LAW ENFORCEMENT AGENCY THAT HAS JURISDICTION OVER THE * * AREA IN WHICH THE PERSON IS RESIDING. * * (7) PENALTY.-A PERSON REQUIRED TO REGISTER UNDER A STATE PROGRAM * * ESTABLISHED PURSUANT TO THIS SECTION WHO KNOWINGLY FAILS TO REGISTER* * AND KEEP THE REGISTRATION CURRENT SHALL BE SUBJECT TO CRIMINAL * * PENALTIES IN THE STATE. IT IS THE SENSE OF CONGRESS THAT THE * * PENALTIES SHOULD INCLUDE IMPRISONMENT FOR NOT LESS THAN 180 DAYS. * * (8) TERMINATION OF OBLIGATION TO REGISTER.-THE OBLIGATION OF A * * PERSON TO REGISTER UNDER THIS SECTION SHALL TERMINATE ON A * * DETERMINATION MADE IN ACCORDANCE WITH THE PROVISION OF PARAGRAPH (2)* * OF THIS SECTION THAT THE PERSON NO LONGER SUFFERS FROM A MENTAL * * ABNORMALITY OR PERSONALITY DISORDER THAT WOULD MAKE THE PERSON * * LIKELY TO ENGAGE IN A PREDATORY SEXUALLY VIOLENT OFFENSE. * * (C) COMMUNITY NOTIFICATION.-THE DESIGNATED STATE LAW ENFORCEMENT * *AGENCY MAY RELEASE RELEVANT INFORMATION THAT IS NECESSARY TO PROTECT THE* *PUBLIC CONCERNING A SPECIFIC SEXUALLY VIOLENT PREDATOR REQUIRED TO * *REGISTER UNDER THIS SECTION. * * (D) IMMUNITY FOR GOOD FAITH CONDUCT.-LAW ENFORCEMENT AGENCIES, * *EMPLOYEES OF LAW ENFORCEMENT AGENCIES, AND STATE OFFICIALS SHALL BE * *IMMUNE FROM LIABILITY FOR ANY GOOD FAITH CONDUCT UNDER THIS SECTION. * *TITLE IX-CRIME VICTIMS * *Subtitle A-Victims' Rights * *SEC. 901. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING. * * Rule 32 of the Federal Rules of Criminal Procedure is amended by- * * (1) striking "and" following the semicolon in subdivision * * (a)(1)(B); * * (2) striking the period at the end of subdivision (a)(1)(C) and * * inserting in lieu thereof "; and"; * * (3) inserting after subdivision (a)(1)(C) the following: * * "(D) if sentence is to be imposed for a crime of violence or * * sexual abuse, address the victim personally if the victim is * * present at the sentencing hearing and determine if the victim * * wishes to make a statement and to present any information in * * relation to the sentence."; * * (4) in the second to last sentence of subdivision (a)(1), striking* * "equivalent opportunity" and inserting in lieu thereof "opportunity * * equivalent to that of the defendant's counsel"; * * (5) in the last sentence of subdivision (a)(1) inserting "the * * victim," before "or the attorney for the Government."; and * * (6) adding at the end the following: * * "(f) DEFINITIONS.-For purposes of this rule- * * "(1) 'victim' means any individual against whom an offense for * * which a sentence is to be imposed has been committed, but the right * * of allocution under subdivision (a)(1)(D) may be exercised instead * * by- * * "(A) a parent or legal guardian in case the victim is below * * the age of eighteen years or incompetent; or * * "(B) one or more family members or relatives designated by the* * court in case the victim is deceased or incapacitated; * * if such person or persons are present at the sentencing hearing, * * regardless of whether the victim is present; and * * "(2) 'crime of violence or sexual abuse' means a crime that * * involved the use or attempted or threatened use of physical force * * against the person or property of another, or a crime under chapter * * 109A of title 18, United States Code.". * *SEC. 902. MANDATORY RESTITUTION AND OTHER PROVISIONS. * * (a) ORDER OF RESTITUTION.-Section 3663 of title 18, United States * *Code, is amended- * * (1) in subsection (a)- * * (A) by striking "may order" and inserting "shall order"; and * * (B) by adding at the end the following new paragraph: * * "(4) In addition to ordering restitution of the victim of the offense * *of which a defendant is convicted, a court may order restitution of any * *person who, as shown by a preponderance of evidence, was harmed * *physically, emotionally, or pecuniarily, by unlawful conduct of the * *defendant during- * * "(A) the criminal episode during which the offense occurred; or * * "(B) the course of a scheme, conspiracy, or pattern of unlawful * * activity related to the offense."; * * (2) in subsection (b)(1)(A) by striking "impractical" and * * inserting "impracticable"; * * (3) in subsection (b)(2) by inserting "emotional or" after * * "resulting in"; * * (4) in subsection (b)- * * (A) by striking "and" at the end of paragraph (3); * * (B) by redesignating paragraph (4) as paragraph (5); and * * (C) by inserting after paragraph (4) the following new * * paragraph: * * "(4) in any case, reimburse the victim for necessary child care, * * transportation, and other expenses related to participation in the * * investigation or prosecution of the offense or attendance at * * proceedings related to the offense; and". * * (5) in subsection (c) by striking "If the Court decides to order * * restitution under this section, the" and inserting "The"; * * (6) by striking subsections (d), (e), (f), (g), and (h); and * * (7) by adding at the end the following new subsections: * * "(d)(1) The court shall order restitution to a victim in the full * *amount of the victim's losses as determined by the court and without * *consideration of- * * "(A) the economic circumstances of the offender; or * * "(B) the fact that a victim has received or is entitled to receive* * compensation with respect to a loss from insurance or any other * * source. * * "(2) Upon determination of the amount of restitution owed to each * *victim, the court shall specify in the restitution order the manner in * *which and the schedule according to which the restitution is to be paid,* *in consideration of- * * "(A) the financial resources and other assets of the offender; * * "(B) projected earnings and other income of the offender; and * * "(C) any financial obligations of the offender, including * * obligations to dependents. * * "(3) A restoration order may direct the offender to make a single, * *lump-sum payment, partial payment at specified intervals, or such * *in-kind payments as may be agreeable to the victim and the offender. * * "(4) An in-kind payment described in paragraph (3) may be in the form * *of- * * "(A) return of property; * * "(B) replacement of property; or * * "(C) services rendered to the victim or to a person or * * organization other than the victim. * * "(e) When the court finds that more than 1 offender has contributed to* *the loss of a victim, the court may make each offender liable for * *payment of the full amount of restitution or may apportion liability * *among the offenders to reflect the level of contribution and economic * *circumstances of each offender. * * "(f) When the court finds that more than 1 victim has sustained a loss* *requiring restitution by an offender, the court shall order full * *restitution of each victim but may provide for different payment * *schedules to reflect the economic circumstances of each victim. * * "(g)(1) If the victim has received or is entitled to receive * *compensation with respect to a loss from insurance or any other source, * *the court shall order that restitution be paid to the person who * *provided or is obligated to provide the compensation, but the * *restitution order shall provide that all restitution of victims required* *by the order be paid to the victims before any restitution is paid to * *such a provider of compensation. * * "(2) The issuance of a restitution order shall not affect the * *entitlement of a victim to receive compensation with respect to a loss * *from insurance or any other source until the payments actually received * *by the victim under the restitution order fully compensate the victim * *for the loss, at which time a person that has provided compensation to * *the victim shall be entitled to receive any payments remaining to be * *paid under the restitution order. * * "(3) Any amount paid to a victim under an order of restitution shall * *be set off against any amount later recovered as compensatory damages by* *the victim in- * * "(A) any Federal civil proceeding; and * * "(B) any State civil proceeding, to the extent provided by the law* * of the State. * * "(h) A restitution order shall provide that- * * "(1) all fines, penalties, costs, restitution payments and other * * forms of transfers of money or property made pursuant to the * * sentence of the court shall be made by the offender to an entity * * designated by the Director of the Administrative Office of the * * United States Courts for accounting and payment by the entity in * * accordance with this subsection; * * "(2) the entity designated by the Director of the Administrative * * Office of the United States Courts shall- * * "(A) log all transfers in a manner that tracks the offender's * * obligations and the current status in meeting those obligations,* * unless, after efforts have been made to enforce the restitution * * order and it appears that compliance cannot be obtained, the * * court determines that continued recordkeeping under this * * subparagraph would not be useful; * * "(B) notify the court and the interested parties when an * * offender is 90 days in arrears in meeting those obligations; and* * "(3) the offender shall advise the entity designated by * * the Director of the Administrative Office of the United States * * Courts of any change in the offender's address during the term of * * the restitution order. * * "(i) A restitution order shall constitute a lien against all property * *of the offender and may be recorded in any Federal or State office for * *the recording of liens against real or personal property. * * "(j) Compliance with the schedule of payment and other terms of a * *restitution order shall be a condition of any probation, parole, or * *other form of release of an offender. If a defendant fails to comply * *with a restitution order, the court may revoke probation or a term of * *supervised release, modify the term or conditions of probation or a term* *of supervised release, hold the defendant in contempt of court, enter a * *restraining order or injunction, order the sale of property of the * *defendant, accept a performance bond, or take any other action necessary* *to obtain compliance with the restitution order. In determining what * *action to take, the court shall consider the defendant's employment * *status, earning ability, financial resources, the willfulness in failing* *to comply with the restitution order, and any other circumstances that * *may have a bearing on the defendant's ability to comply with the * *restitution order. * * "(k) An order of restitution may be enforced- * * "(1) by the United States- * * "(A) in the manner provided for the collection and payment of * * fines in subchapter (B) of chapter 229 of this title; or * * "(B) in the same manner as a judgment in a civil action; and * * "(2) by a victim named in the order to receive the restitution, in* * the same manner as a judgment in a civil action. * * "(l) A victim or the offender may petition the court at any time to * *modify a restitution order as appropriate in view of a change in the * *economic circumstances of the offender.". * * (b) PROCEDURE FOR ISSUING ORDER OF RESTITUTION.-Section 3664 of title * *18, United States Code, is amended- * * (1) by striking subsection (a); * * (2) by redesignating subsections (b), (c), (d), and (e) as * * subsections (a), (b), (c), and (d); * * (3) by amending subsection (a), as redesignated by paragraph (2), * * to read as follows: * * "(a) The court may order the probation service of the court to obtain * *information pertaining to the amount of loss sustained by any victim as * *a result of the offense, the financial resources of the defendant, the * *financial needs and earning ability of the defendant and the defendant's* *dependents, and such other factors as the court deems appropriate. The * *probation service of the court shall include the information collected * *in the report of presentence investigation or in a separate report, as * *the court directs."; and * * (4) by adding at the end thereof the following new subsection: * * "(e) The court may refer any issue arising in connection with a * *proposed order of restitution to a magistrate or special master for * *proposed findings of fact and recommendations as to disposition, subject* *to a de novo determination of the issue by the court.". * *SEC. 903. SENSE OF THE CONGRESS CONCERNING THE RIGHT OF A VICTIM OF A * *VIOLENT CRIME OR SEXUAL ABUSE TO SPEAK AT AN OFFENDER'S SENTENCING * *HEARING AND ANY PAROLE HEARING. * * It is the sense of the Congress that- * * (1) the law of a State should provide for a victim's right of * * allocution at a sentencing hearing and at any parole hearing if the * * offender has been convicted of a crime of violence or sexual abuse; * * (2) such a victim should have an opportunity equivalent to the * * opportunity accorded to the offender's counsel to address the * * sentencing court or parole board and to present information in * * relation to the sentence imposed or to the early release of the * * offender; and * * (3) if the victim is not able to or chooses not to testify at a * * sentencing hearing or parole hearing, the victim's parents, legal * * guardian, or family members should have the right to address the * * court or board. * *Subtitle B-Crime Victims' Fund * *SEC. 911. AMOUNTS OF FUNDS FOR COSTS AND GRANTS. * * Section 1402(d)(2) of the Victims of Crime Act of 1984 (42 U.S.C. * *10601(d)(2)) is amended- * * (1) by striking "and" at the end of subparagraph (A); * * (2) by striking the period at the end of subparagraph (B) and * * inserting a semicolon; and * * (3) by adding at the end the following new subparagraphs: * * "(C) 1 percent shall be available for grants under section * * 1404(c); and * * "(D) 4.5 percent shall be available for grants as provided in * * section 1404A.". * *SEC. 912. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO CERTAIN FEDERAL * *PROGRAMS. * * Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is * *amended by adding at the end the following: * * "(e) Notwithstanding any other provision of law, if the compensation * *paid by an eligible crime victim compensation program would cover costs * *that a Federal program, or a federally financed State or local program, * *would otherwise pay, then- * * "(1) such crime victim compensation program shall not pay that * * compensation; and * * "(2) the other program shall make its payments without regard to * * the existence of the crime victim compensation program.". * *SEC. 913. ADMINISTRATIVE COSTS FOR CRIME VICTIM COMPENSATION. * * (a) CREATION OF EXCEPTION.-THE FINAL SENTENCE OF SECTION 1403(A)(1) OF* *THE VICTIMS OF CRIME ACT OF 1984 (42 U.S.C. 10602(A)(1)) IS AMENDED BY * *STRIKING "A GRANT" AND INSERTING "EXCEPT AS PROVIDED IN PARAGRAPH (3), A* *GRANT". * * (B) REQUIREMENTS OF EXCEPTION.-SECTION 1403(A) OF THE VICTIMS OF CRIME* *ACT OF 1984 (42 U.S.C. 10602(A)) IS AMENDED BY ADDING AT THE END THE * *FOLLOWING NEW PARAGRAPH: * * "(3) NOT MORE THAN 5 PERCENT OF A GRANT MADE UNDER THIS SECTION * * MAY BE USED FOR THE ADMINISTRATION OF THE STATE CRIME VICTIM * * COMPENSATION PROGRAM RECEIVING THE GRANT.". * *SEC. 914. USE OF UNSPENT 1402(d)(2) MONEY. * * Section 1404(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. * *10603(a)(1)) is amended- * * (1) by striking "or for the purpose of grants under section 1403 * * but not used for that purpose"; and * * (2) by adding at the end the following: * *"The Director, in the Director's discretion, may use amounts made * *available under section 1402(d)(2) for the purposes of grants under * *section 1403 but not used for that purpose, for grants under this * *subsection, either in the year such amounts are not so used, or the next* *year.". * *SEC. 915. GRANTS FOR DEMONSTRATION PROJECTS. * * Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42 U.S.C. * *10603(c)(1)(A)) is amended by inserting "demonstration projects and" * *before "training". * *SEC. 916. ADMINISTRATIVE COSTS FOR CRIME VICTIM ASSISTANCE. * * (a) CREATION OF EXCEPTION.-SECTION 1404(B)(2) OF THE VICTIMS OF CRIME * *ACT OF 1984 (42 U.S.C. 10603(B)(2)) IS AMENDED BY STRIKING "AN ELIGIBLE"* *AND INSERTING "EXCEPT AS PROVIDED IN PARAGRAPH (3), AN ELIGIBLE". * * (B) REQUIREMENTS OF EXCEPTION.-SECTION 1404(B) OF THE VICTIMS OF CRIME* *ACT OF 1984 (42 U.S.C. 10603(B)) IS AMENDED BY ADDING AT THE END THE * *FOLLOWING NEW SUBSECTION: * * "(3) NOT MORE THAN 5 PERCENT OF SUMS RECEIVED UNDER SUBSECTION (A)* * MAY BE USED FOR THE ADMINISTRATION OF THE STATE CRIME VICTIM * * ASSISTANCE PROGRAM RECEIVING SUCH SUMS.". * *SEC. 917. MAINTENANCE OF EFFORT. * * Section 1407 of the Victims of Crime Act of 1984 (42 U.S.C. 10604) is * *amended by adding at the end the following new subsection: * * "(h) Each entity receiving sums made available under this Act for * *administrative purposes shall certify that such sums will not be used to* *supplant State or local funds, but will be used to increase the amount * *of such funds that would, in the absence of Federal funds, be made * *available for these purposes.". * *Subtitle C-Senior Citizens * *SEC. 921. SHORT TITLE. * * This subtitle may be cited as the "National Triad Program Act". * *SEC. 922. FINDINGS. * * The Congress finds that- * * (1) senior citizens are among the most rapidly growing segments of* * our society; * * (2) currently, senior citizens comprise 15 percent of our society,* * and predictions are that by the turn of the century they will * * constitute 18 percent of our Nation's population; * * (3) senior citizens find themselves uniquely situated in our * * society, environmentally and physically; * * (4) many senior citizens are experiencing increased social * * isolation due to fragmented and distant familial relations, * * scattered associations, limited access to transportation, and other * * insulating factors; * * (5) physical conditions such as hearing loss, poor eyesight, * * lessened agility, and chronic and debilitating illnesses often * * contribute to an older person's susceptibility to criminal * * victimization; * * (6) senior citizens are too frequently the victims of abuse and * * neglect, violent crime, property crime, consumer fraud, medical * * quackery, and confidence games; * * (7) studies have found that senior citizens that are victims of * * violent crime are more likely to be injured and require medical * * attention than are younger victims; * * (8) victimization data on crimes against senior citizens are * * incomplete and out of date, and data sources are partial, scattered,* * and not easily obtained; * * (9) although a few studies have attempted to define and estimate * * the extent of abuse and neglect of senior citizens, both in their * * homes and in institutional settings, many experts believe that this * * crime is substantially underreported and undetected; * * (10) similarly, while some evidence suggests that senior citizens * * may be targeted in a range of fraudulent schemes, neither the * * Uniform Crime Report nor the National Crime Survey collects data on * * individual- or household-level fraud; * * (11) many law enforcement agencies do not have model practices for* * responding to the criminal abuse of senior citizens; * * (12) law enforcement officers and social service providers come * * from different disciplines and frequently bring different * * perspectives to the problem of crimes against senior citizens; * * (13) those differences, in turn, can contribute to inconsistent * * approaches to the problem and inhibit a genuinely effective * * response; * * (14) there are, however, a few efforts currently under way that * * seek to forge partnerships to coordinate criminal justice and social* * service approaches to victimization of senior citizens; * * (15) the Triad program, sponsored by the National Sheriffs' * * Association (NSA), the International Association of Chiefs of Police* * (IACP), and the American Association of Retired Persons (AARP), is * * one such effort; and * * (16) recognizing that senior citizens have the same fundamental * * desire as other members of our society to live freely, without fear * * or restriction due to the criminal element, the Federal Government * * should seek to expand efforts to reduce crime against this growing * * and uniquely vulnerable segment of our population. * *SEC. 923. PURPOSES. * * The purposes of this subtitle are- * * (1) to support a coordinated effort among law enforcement and * * social service agencies to stem the tide of violence against senior * * citizens and support media and nonmedia strategies aimed at * * increasing both public understanding of the problem and the senior * * citizens' skills in preventing crime against themselves and their * * property; and * * (2) to address the problem of crime against senior citizens in a * * systematic and effective manner by promoting and expanding * * collaborative crime prevention programs, such as the Triad model, * * that assist law enforcement agencies and senior citizens in * * implementing specific strategies for crime prevention, victim * * assistance, citizen involvement, and public education. * *SEC. 924. NATIONAL ASSESSMENT AND DISSEMINATION. * * (a) IN GENERAL.-THE DIRECTOR OF THE NATIONAL INSTITUTE OF JUSTICE * *SHALL, SUBJECT TO THE AVAILABILITY OF APPROPRIATIONS, CONDUCT A * *QUALITATIVE AND QUANTITATIVE NATIONAL ASSESSMENT OF- * * (1) THE NATURE AND EXTENT OF CRIMES COMMITTED AGAINST SENIOR * * CITIZENS AND THE EFFECT OF SUCH CRIMES ON THE VICTIMS; * * (2) THE NUMBERS, EXTENT, AND IMPACT OF VIOLENT CRIMES AND * * NONVIOLENT CRIMES (SUCH AS FRAUDS AND "SCAMS") AGAINST SENIOR * * CITIZENS AND THE EXTENT OF UNREPORTED CRIME; * * (3) THE COLLABORATIVE NEEDS OF LAW ENFORCEMENT, HEALTH, AND SOCIAL* * SERVICE ORGANIZATIONS, FOCUSING ON PREVENTION OF CRIMES AGAINST * * SENIOR CITIZENS, TO IDENTIFY, INVESTIGATE, AND PROVIDE ASSISTANCE TO* * VICTIMS OF THOSE CRIMES; AND * * (4) THE DEVELOPMENT AND GROWTH OF STRATEGIES TO RESPOND * * EFFECTIVELY TO THE MATTERS DESCRIBED IN PARAGRAPHS (1), (2), AND * * (3). * * (B) MATTERS TO BE ADDRESSED.-THE NATIONAL ASSESSMENT MADE PURSUANT TO * *SUBSECTION (A) SHALL ADDRESS- * * (1) THE ANALYSIS AND SYNTHESIS OF DATA FROM A BROAD RANGE OF * * SOURCES IN ORDER TO DEVELOP ACCURATE INFORMATION ON THE NATURE AND * * EXTENT OF CRIMES AGAINST SENIOR CITIZENS, INCLUDING IDENTIFYING AND * * CONDUCTING SUCH SURVEY AND OTHER DATA COLLECTION EFFORTS AS ARE * * NEEDED AND DESIGNING A STRATEGY TO KEEP SUCH INFORMATION CURRENT * * OVER TIME; * * (2) INSTITUTIONAL AND COMMUNITY RESPONSES TO ELDERLY VICTIMS OF * * CRIME, FOCUSING ON THE PROBLEMS ASSOCIATED WITH FEAR OF * * VICTIMIZATION, ABUSE OF SENIOR CITIZENS, AND HARD-TO-REACH SENIOR * * CITIZENS WHO ARE IN POOR HEALTH, ARE LIVING ALONE OR WITHOUT FAMILY * * NEARBY, OR LIVING IN HIGH CRIME AREAS; * * (3) SPECIAL SERVICES AND RESPONSES REQUIRED BY ELDERLY VICTIMS; * * (4) WHETHER THE EXPERIENCE OF SENIOR CITIZENS WITH SOME SERVICE * * ORGANIZATIONS DIFFERS MARKEDLY FROM THAT OF YOUNGER POPULATIONS; * * (5) THE KINDS OF PROGRAMS THAT HAVE PROVEN USEFUL IN REDUCING * * VICTIMIZATION OF SENIOR CITIZENS THROUGH CRIME PREVENTION ACTIVITIES* * AND PROGRAMS; * * (6) THE KINDS OF PROGRAMS THAT CONTRIBUTE TO SUCCESSFUL * * COORDINATION AMONG PUBLIC SECTOR AGENCIES AND COMMUNITY * * ORGANIZATIONS IN REDUCING VICTIMIZATION OF SENIOR CITIZENS; AND * * (7) THE RESEARCH AGENDA NEEDED TO DEVELOP A COMPREHENSIVE * * UNDERSTANDING OF THE PROBLEMS OF CRIMES AGAINST SENIOR CITIZENS, * * INCLUDING THE CHANGES THAT CAN BE ANTICIPATED IN THE CRIMES * * THEMSELVES AND APPROPRIATE RESPONSES AS THE SOCIETY INCREASINGLY * * AGES. * * (C) AVOIDANCE OF DUPLICATION.-In conducting the assessment under * *subsection (a), the Director of the National Institute of Justice shall * *draw upon the findings of existing studies and avoid duplication of * *efforts that have previously been made. * * (d) DISSEMINATION.-BASED ON THE RESULTS OF THE NATIONAL ASSESSMENT AND* *ANALYSIS OF SUCCESSFUL OR PROMISING STRATEGIES IN DEALING WITH THE * *PROBLEMS DESCRIBED IN SUBSECTION (B) AND OTHER PROBLEMS, INCLUDING * *COALITION EFFORTS SUCH AS THE TRIAD PROGRAMS DESCRIBED IN SECTIONS 922 * *AND 923, THE DIRECTOR OF THE NATIONAL INSTITUTE OF JUSTICE SHALL * *DISSEMINATE THE RESULTS THROUGH REPORTS, PUBLICATIONS, CLEARINGHOUSE * *SERVICES, PUBLIC SERVICE ANNOUNCEMENTS, AND PROGRAMS OF EVALUATION, * *DEMONSTRATION, TRAINING, AND TECHNICAL ASSISTANCE. * *SEC. 925. PILOT PROGRAMS. * * (a) AWARDS.-THE DIRECTOR OF THE BUREAU OF JUSTICE ASSISTANCE SHALL, * *SUBJECT TO THE AVAILABILITY OF APPROPRIATIONS, MAKE GRANTS TO COALITIONS* *OF LOCAL LAW ENFORCEMENT AGENCIES AND SENIOR CITIZENS TO ASSIST IN THE * *DEVELOPMENT OF PROGRAMS AND EXECUTE FIELD TESTS OF PARTICULARLY * *PROMISING STRATEGIES FOR CRIME PREVENTION SERVICES AND RELATED SERVICES * *BASED ON THE CONCEPTS OF THE TRIAD MODEL, WHICH CAN THEN BE EVALUATED * *AND SERVE AS THE BASIS FOR FURTHER DEMONSTRATION AND EDUCATION PROGRAMS.* * (B) TRIAD COOPERATIVE MODEL.-(1) Subject to paragraph (2), a pilot * *program funded under this section shall consist of the Triad cooperative* *model developed by the organizations described in section 922(15), which* *calls for the participation of the sheriff, at least 1 police chief, and* *a representative of at least 1 senior citizens' organization within a * *county and may include participation by general service coalitions of * *law enforcement, victim service, and senior citizen advocate * *organizations. * * (2) If there is not both a sheriff and a police chief in a county or * *if the sheriff or a police chief do not participate, a pilot program * *funded under this section shall include in the place of the sheriff or * *police chief another key law enforcement official in the county such as * *a local prosecutor. * * (c) APPLICATION.-A coalition or Triad program that desires to * *establish a pilot program under this section shall submit to the * *Director of the Bureau of Justice Assistance an application that * *includes- * * (1) a description of the community and its senior citizen * * population; * * (2) assurances that Federal funds received under this part shall * * be used to provide additional and appropriate education and services* * to the community's senior citizens; * * (3) a description of the extent of involvement of each * * organizational component (chief, sheriff (or other law enforcement * * official), and senior organization representative) and focus of the * * Triad program; * * (4) a comprehensive plan including- * * (A) a description of the crime problems facing senior citizens* * and need for expanded law enforcement and victim assistance * * services; * * (B) a description of the types of projects to be developed or * * expanded; * * (C) a plan for an evaluation of the results of Triad * * endeavors; * * (D) a description of the resources (including matching funds, * * in-kind services, and other resources) available in the * * community to implement the Triad development or expansion; * * (E) a description of the gaps that cannot be filled with * * existing resources; * * (F) an explanation of how the requested grant will be used to * * fill those gaps; and * * (G) a description of the means and methods the applicant will * * use to reduce criminal victimization of older persons; and * * (5) funding requirements for implementing a comprehensive plan. * * (d) DISTRIBUTION OF AWARDS.-The Director of the Bureau of Justice * *Assistance shall make awards- * * (1) to 17 Triad programs in counties with a population of less * * than 50,000; * * (2) to 17 Triad programs in counties with a population of at least* * 50,000 but less than 100,000; and * * (3) to 16 Triad programs in counties with a population of 100,000 * * or more. * * (e) POST-GRANT PERIOD REPORT.-A grant recipient under this section * *shall, not later than 6 months after the conclusion of the grant period,* *submit to the Director of the Bureau of Justice Assistance a report * *that- * * (1) describes the composition of organizations that participated * * in the pilot program; * * (2) identifies problem areas encountered during the course of the * * pilot program; * * (3) provides data comparing the types and frequency of criminal * * activity before and after the grant period and the effect of such * * criminal activity on senior citizens in the community; and * * (4) describes the grant recipient's plans and goals for * * continuance of the Triad program after the grant period. *