The law to “prevent, detect and respond to” sexual abuse and rape in prisons, jails and juvenile facilities was passed unanimously by Congress and signed by President George W. Bush in 2003. May 15 was the deadline for states and territories to submit certifications or assurances of compliance to standards created by a national bipartisan commission.From the National Criminal Justice Association:
The governors of Arizona, Florida, Idaho, Indiana, Nebraska, Texas and Utah as well as the Northern Mariana Islands in the Pacific either did not meet the deadline or have indicated that they do not intend to comply with the law.
Congress mandated that the penalty for noncompliance is 5 percent of any DOJ grant funds "that it would otherwise receive for prison purposes," a term left undefined in statute. DOJ is interpreting this to mean any grant program eligible to be used for prison construction, administration or programming, which in FY14 will include the Byrne Justice Assistance Grant program, the Juvenile Justice and Delinquency Prevention Act’s Title II formula grants, and the Office on Violence Against Women’s STOP grants.