- § 12311. Training programs
- § 12312. Confidentiality of communications between sexual assault or domestic violence victims and their counselors
- § 12313. Information programs
§ 12311. Training programs
(a) In general
The Attorney General, after consultation with victim advocates and individuals who have expertise in treating sex offenders, shall establish criteria and develop training programs to assist probation and parole officers and other personnel who work with released sex offenders in the areas of—
(1) case management;
(2) supervision; and
(3) relapse prevention.
(b) Training programs
(c) Authorization of appropriations
(Pub. L. 103–322, title IV, § 40152, Sept. 13, 1994, 108 Stat. 1920; Pub. L. 109–162, title I, § 108, title XI, § 1167, Jan. 5, 2006, 119 Stat. 2984, 3121; Pub. L. 109–271, § 2(a), (b), Aug. 12, 2006, 120 Stat. 751, 752; Pub. L. 113–4, title I, § 105, Mar. 7, 2013, 127 Stat. 77; Pub. L. 117–103, div. W, title XIII, § 1304, Mar. 15, 2022, 136 Stat. 927.)
§ 12312. Confidentiality of communications between sexual assault or domestic violence victims and their counselors
(a) Study and development of model legislationThe Attorney General shall—
(1) study and evaluate the manner in which the States have taken measures to protect the confidentiality of communications between sexual assault or domestic violence victims and their therapists or trained counselors;
(2) develop model legislation that will provide the maximum protection possible for the confidentiality of such communications, within any applicable constitutional limits, taking into account the following factors:
(A) the danger that counseling programs for victims of sexual assault and domestic violence will be unable to achieve their goal of helping victims recover from the trauma associated with these crimes if there is no assurance that the records of the counseling sessions will be kept confidential;
(B) consideration of the appropriateness of an absolute privilege for communications between victims of sexual assault or domestic violence and their therapists or trained counselors, in light of the likelihood that such an absolute privilege will provide the maximum guarantee of confidentiality but also in light of the possibility that such an absolute privilege may be held to violate the rights of criminal defendants under the Federal or State constitutions by denying them the opportunity to obtain exculpatory evidence and present it at trial; and
(C) consideration of what limitations on the disclosure of confidential communications between victims of these crimes and their counselors, short of an absolute privilege, are most likely to ensure that the counseling programs will not be undermined, and specifically whether no such disclosure should be allowed unless, at a minimum, there has been a particularized showing by a criminal defendant of a compelling need for records of such communications, and adequate procedural safeguards are in place to prevent unnecessary or damaging disclosures; and
(3) prepare and disseminate to State authorities the findings made and model legislation developed as a result of the study and evaluation.
(b) Report and recommendationsNot later than the date that is 1 year after September 13, 1994, the Attorney General shall report to the Congress—
(1) the findings of the study and the model legislation required by this section; and
(2) recommendations based on the findings on the need for and appropriateness of further action by the Federal Government.
(c) Review of Federal evidentiary rules
(Pub. L. 103–322, title IV, § 40153, Sept. 13, 1994, 108 Stat. 1921.)
§ 12313. Information programs
The Attorney General shall compile information regarding sex offender treatment programs and ensure that information regarding community treatment programs in the community into which a convicted sex offender is released is made available to each person serving a sentence of imprisonment in a Federal penal or correctional institution for a commission of an offense under chapter 109A of title 18 or for the commission of a similar offense, including halfway houses and psychiatric institutions.
(Pub. L. 103–322, title IV, § 40154, Sept. 13, 1994, 108 Stat. 1922.)