S 1821 IS
111th CONGRESS
1st Session
S. 1821
To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors and other law enforcement related to elder abuse prevention and protection, to establish programs that provide for emergency crisis response teams to combat elder abuse, and for other purposes.
IN THE SENATE OF THE UNITED STATES
October 21, 2009
Mr. KOHL (for himself, Ms. MIKULSKI, Mr. LEMIEUX, and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors and other law enforcement related to elder abuse prevention and protection, to establish programs that provide for emergency crisis response teams to combat elder abuse, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
TITLE I--ELDER ABUSE VICTIMS
SEC. 101. ANALYSIS, REPORT, AND RECOMMENDATIONS RELATED TO ELDER JUSTICE PROGRAMS.
(a) In General- Subject to the availability of appropriations to carry out this section, the Attorney General, in consultation with the Secretary of Health and Human Services, shall carry out the following:
(1) STUDY- Conduct a study of laws and practices relating to elder abuse, neglect, and exploitation, which shall include--
(A) a comprehensive description of State laws and practices relating to elder abuse, neglect, and exploitation;
(B) a comprehensive analysis of the effectiveness of such State laws and practices; and
(C) an examination of State laws and practices relating to specific elder abuse, neglect, and exploitation issues, including--
(i) the definition of--
(ii) mandatory reporting laws, with respect to--
(I) who is a mandated reporter;
(II) to whom must they report and within what time frame; and
(III) any consequences for not reporting;
(iii) evidentiary, procedural, sentencing, choice of remedies, and data retention issues relating to pursuing cases relating to elder abuse, neglect, and exploitation;
(iv) laws requiring reporting of all nursing home deaths to the county coroner or to some other individual or entity;
(v) fiduciary laws, including guardianship and power of attorney laws;
(vi) laws that permit or encourage banks and bank employees to prevent and report suspected elder abuse, neglect, and exploitation;
(vii) laws relating to fraud and related activities in connection with mail, telemarketing, or the Internet;
(viii) laws that may impede research on elder abuse, neglect, and exploitation;
(ix) practices relating to the enforcement of laws relating to elder abuse, neglect, and exploitation; and
(x) practices relating to other aspects of elder justice.
(2) DEVELOPMENT OF PLAN- Develop objectives, priorities, policies, and a long-term plan for elder justice programs and activities relating to--
(A) prevention and detection of elder abuse, neglect, and exploitation;
(B) intervention and treatment for victims of elder abuse, neglect, and exploitation;
(C) training, evaluation, and research related to elder justice programs and activities; and
(D) improvement of the elder justice system in the United States.
(3) REPORT- Not later than 2 years after the date of enactment of this Act, submit to the chairman and ranking member of the Special Committee on Aging of the Senate, and the Speaker and minority leader of the House of Representatives, and the Secretary of Health and Human Services, and make available to the States, a report that contains--
(A) the findings of the study conducted under paragraph (1);
(B) a description of the objectives, priorities, policies, and a long-term plan developed under paragraph (2); and
(C) a list, description, and analysis of the best practices used by States to develop, implement, maintain, and improve elder justice systems, based on such findings.
(b) GAO Recommendations- Not later than 18 months after the date of enactment of this Act, the Comptroller General shall review existing Federal programs and initiatives in the Federal criminal justice system relevant to elder justice and shall submit to Congress--
(1) a report on such programs and initiatives; and
(2) any recommendations the Comptroller General determines are appropriate to improve elder justice in the United States.
(c) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $6,000,000 for each of the fiscal years 2010 through 2016.
SEC. 102. VICTIM ADVOCACY GRANTS.
(a) Grants Authorized- The Attorney General, after consultation with the Secretary of Health and Human Services, may award grants to eligible entities to study the special needs of victims of elder abuse, neglect, and exploitation.
(b) Authorized Activities- Funds awarded pursuant to subsection (a) shall be used for pilot programs that--
(1) develop programs for and provide training to health care, social, and protective services providers, law enforcement, fiduciaries (including guardians), judges and court personnel, and victim advocates; and
(2) examine special approaches designed to meet the needs of victims of elder abuse, neglect, and exploitation.
(c) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $3,000,000 for each of the fiscal years 2010 through 2016.
SEC. 103. SUPPORTING LOCAL PROSECUTORS AND COURTS IN ELDER JUSTICE MATTERS.
(a) Grants Authorized- Subject to the availability of appropriations under this section, the Attorney General, after consultation with the Secretary of Health and Human Services, shall award grants to eligible entities to provide training, technical assistance, policy development, multidisciplinary coordination, and other types of support to local prosecutors and courts handling elder justice-related cases, including--
(1) funding specially designated elder justice positions or units in local prosecutors’ offices and local courts; and
(2) funding the creation of a Center for the Prosecution of Elder Abuse, Neglect, and Exploitation to advise and support local prosecutors and courts nationwide in the pursuit of cases involving elder abuse, neglect, and exploitation.
(b) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $6,000,000 for each of the fiscal years 2010 through 2016.
SEC. 104. SUPPORTING STATE PROSECUTORS AND COURTS IN ELDER JUSTICE MATTERS.
(a) In General- Subject to the availability of appropriations under this section, the Attorney General, after consultation with the Secretary of Health and Human Services, shall award grants to eligible entities to provide training, technical assistance, multidisciplinary coordination, policy development, and other types of support to State prosecutors and courts, employees of State Attorneys General, and Medicaid Fraud Control Units handling elder justice-related matters.
(b) Creating Specialized Positions- Grants under this section may be made for--
(1) the establishment of specially designated elder justice positions or units in State prosecutors’ offices and State courts; and
(2) the creation of a position to coordinate elder justice-related cases, training, technical assistance, and policy development for State prosecutors and courts.
(c) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $6,000,000 for each of the fiscal years 2010 through 2016.
SEC. 105. SUPPORTING LAW ENFORCEMENT IN ELDER JUSTICE MATTERS.
Full Text of Legislation