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34 U.S.C. § 12321 — Confidentiality of abused person’s ad-
Federal law — U.S. Code and appendices · legal_authorities
Page 353
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 12331
1 See References in Text note below.
(C) consideration of what limitations on
the disclosure of confidential communica-
tions between victims of these crimes and
their counselors, short of an absolute privi-
lege, 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 ade-
quate procedural safeguards are in place to
prevent unnecessary or damaging disclo-
sures; and
(3) prepare and disseminate to State authori-
ties the findings made and model legislation
developed as a result of the study and evalua-
tion.
(b) Report and recommendations
Not 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
The Judicial Conference of the United States
shall evaluate and report to Congress its views
on whether the Federal Rules of Evidence should
be amended, and if so, how they should be
amended, to guarantee that the confidentiality
of communications between sexual assault vic-
tims and their therapists or trained counselors
will be adequately protected in Federal court
proceedings.
(Pub. L. 103–322, title IV, § 40153, Sept. 13, 1994,
108 Stat. 1921.)
Editorial Notes
REFERENCES IN TEXT
The Federal Rules of Evidence, referred to in subsec.
(c), are set out in the
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 12321
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Page 353
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 12331
1 See References in Text note below.
(C) consideration of what limitations on
the disclosure of confidential communica-
tions between victims of these crimes and
their counselors, short of an absolute privi-
lege, 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 ade-
quate procedural safeguards are in place to
prevent unnecessary or damaging disclo-
sures; and
(3) prepare and disseminate to State authori-
ties the findings made and model legislation
developed as a result of the study and evalua-
tion.
(b) Report and recommendations
Not 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
The Judicial Conference of the United States
shall evaluate and report to Congress its views
on whether the Federal Rules of Evidence should
be amended, and if so, how they should be
amended, to guarantee that the confidentiality
of communications between sexual assault vic-
tims and their therapists or trained counselors
will be adequately protected in Federal court
proceedings.
(Pub. L. 103–322, title IV, § 40153, Sept. 13, 1994,
108 Stat. 1921.)
Editorial Notes
REFERENCES IN TEXT
The Federal Rules of Evidence, referred to in subsec.
(c), are set out in the Appendix to Title 28, Judiciary
and Judicial Procedure.
CODIFICATION
Section was formerly classified to section 13942 of
Title 42, The Public Health and Welfare, prior to edi-
torial reclassification and renumbering as this section.
§ 12313. Information programs
The Attorney General shall compile informa-
tion regarding sex offender treatment programs
and ensure that information regarding commu-
nity treatment programs in the community into
which a convicted sex offender is released is
made available to each person serving a sen-
tence of imprisonment in a Federal penal or cor-
rectional institution for a commission of an of-
fense under chapter 109A of title 18 or for the
commission of a similar offense, including half-
way houses and psychiatric institutions.
(Pub. L. 103–322, title IV, § 40154, Sept. 13, 1994,
108 Stat. 1922.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 13943 of
Title 42, The Public Health and Welfare, prior to edi-
torial reclassification and renumbering as this section.
PART B—SAFE HOMES FOR WOMEN
SUBPART 1—CONFIDENTIALITY FOR ABUSED
PERSONS
§ 12321. Confidentiality of abused person’s ad-
dress
(a) Regulations
Not later than 90 days after September 13,
1994, the United States Postal Service shall pro-
mulgate regulations to secure the confiden-
tiality of domestic violence shelters and abused
persons’ addresses.
(b) Requirements
The regulations under subsection (a) shall re-
quire—
(1) in the case of an individual, the presen-
tation to an appropriate postal official of a
valid, outstanding protection order; and
(2) in the case of a domestic violence shelter,
the presentation to an appropriate postal au-
thority of proof from a State domestic vio-
lence coalition that meets the requirements of
section 10410 1 of title 42 verifying that the or-
ganization is a domestic violence shelter.
(c) Disclosure for certain purposes
The regulations under subsection (a) shall not
prohibit the disclosure of addresses to State or
Federal agencies for legitimate law enforcement
or other governmental purposes.
(d) Existing compilations
Compilations of addresses existing at the time
at which order is presented to an appropriate
postal official shall be excluded from the scope
of the regulations under subsection (a).
(Pub. L. 103–322, title IV, § 40281, Sept. 13, 1994,
108 Stat. 1938.)
Editorial Notes
REFERENCES IN TEXT
Section 10410 of title 42, referred to in subsec. (b)(2),
was generally amended by Pub. L. 111–320, title II, § 201,
Dec. 20, 2010, 124 Stat. 3497, and, as so amended, no
longer contains provisions relating to grants for State
domestic violence coalitions. See section 10411 of Title
42, The Public Health and Welfare.
CODIFICATION
Section was formerly classified to section 13951 of
Title 42, The Public Health and Welfare, prior to edi-
torial reclassification and renumbering as this section.
SUBPART 2—DATA AND RESEARCH
§ 12331. Research agenda
(a) Request for contract
The Attorney General shall request the Na-
tional Academy of Sciences, through its Na-
tional Research Council, to enter into a con-
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12321
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