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2 | 2 | | SENATE DOCKET, NO. 1731 FILED ON: 1/16/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1562 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Robyn K. Kennedy |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act supporting survivors through financial assistance. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Robyn K. KennedyFirst WorcesterJason M. LewisFifth Middlesex2/27/2025John F. KeenanNorfolk and Plymouth2/27/2025 1 of 8 |
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16 | 16 | | SENATE DOCKET, NO. 1731 FILED ON: 1/16/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1562 |
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18 | 18 | | By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 1562) of Robyn K. Kennedy, |
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19 | 19 | | Jason M. Lewis and John F. Keenan for legislation to support survivors of violence through |
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20 | 20 | | financial assistance. Public Health. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act supporting survivors through financial assistance. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 Chapter 111 of the General Laws, as appearing in the 2022 official edition, is hereby |
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30 | 30 | | 2amended by inserting after Section 244 the following section-: |
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31 | 31 | | 3 Section 245. Flexible Assistance for Survivors of Violence (FAS) Pilot Grant Program |
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32 | 32 | | 4 (A) As used in this section, the following words shall, unless the context requires |
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33 | 33 | | 5otherwise, have the following meanings:- |
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34 | 34 | | 6 “Community-based organization” means a nonprofit organization, or an organization |
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35 | 35 | | 7fiscally sponsored by a nonprofit organization, that provides direct services to survivors of |
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36 | 36 | | 8violence. Community-based organizations include but are not limited to social and human |
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37 | 37 | | 9service organizations, legal aid organizations, grassroots organizations, faith-based |
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38 | 38 | | 10organizations, culturally specific organizations, community development organizations, health |
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39 | 39 | | 11and mental health support organizations, housing assistance organizations 2 of 8 |
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40 | 40 | | 12 “Family member” means any of the following: |
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41 | 41 | | 13 (a) A person related to another by blood, adoption, or marriage. |
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42 | 42 | | 14 (b) A household member or former household member of another. |
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43 | 43 | | 15 (c) A person who is not related by blood, adoption, or marriage to another but who |
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44 | 44 | | 16otherwise has a significant emotional relationship with another. |
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45 | 45 | | 17 “Grant program” means the Flexible Assistance for Survivors of Violence (FAS) pilot |
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46 | 46 | | 18grant program established by this chapter. |
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47 | 47 | | 19 “Flexible cash assistance” shall mean payments directly to recipients, that include, but are |
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48 | 48 | | 20not limited to: |
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49 | 49 | | 21 (a) Prepaid cards |
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50 | 50 | | 22 (b) Gift cards |
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51 | 51 | | 23 (c) Checks |
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52 | 52 | | 24 (d) Money deposited in a bank account |
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53 | 53 | | 25 (e) Cash |
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54 | 54 | | 26 “Department” means the Department of Public Health |
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55 | 55 | | 27 “Survivor of violence” means any of the following: |
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56 | 56 | | 28 (a) A person who has been a victim of stalking, domestic violence, sexual violence, |
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57 | 57 | | 29community violence, homicide, kidnapping, child abuse, human trafficking, or elder abuse. 3 of 8 |
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58 | 58 | | 30 (b) A person who has been physically injured by an act of force by another person. |
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59 | 59 | | 31 (c) A person who has been threatened with physical injury or reasonably believes they |
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60 | 60 | | 32were threatened with physical injury by another person. |
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61 | 61 | | 33 (d) A person who has suffered physical injury, as a result of a law enforcement officer’s |
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62 | 62 | | 34inappropriate use of force. |
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63 | 63 | | 35 (e) A person who suffers a threat of physical injury or reasonably believes they were |
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64 | 64 | | 36threatened with physical injury as a result of a law enforcement officer’s inappropriate use of |
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65 | 65 | | 37force. |
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66 | 66 | | 38 (f) A person who has witnessed an act described under paragraph (i), (ii), (iii), (iv), or (v) |
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67 | 67 | | 39and has experienced an emotional injury or feels threatened as a result. |
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68 | 68 | | 40 (g) A family member of a person who is the victim of an act described under paragraph |
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69 | 69 | | 41(i), (ii), (iii), (iv), or (v), including, but not limited to, a family member or person of significant |
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70 | 70 | | 42emotional relationship of a person who is killed by the act. |
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71 | 71 | | 43 (B) The Flexible Assistance for Survivors pilot grant program is hereby established, to be |
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72 | 72 | | 44administered by the department, with the goal of improving safety, healing, and financial |
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73 | 73 | | 45stability for survivors, and the loved ones of those violently injured or killed. |
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74 | 74 | | 46 Flexible Assistance for Survivor grants shall be made to qualifying community-based |
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75 | 75 | | 47organizations pursuant to this section for the purpose of establishing assistance funds to |
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76 | 76 | | 48distribute in direct cash assistance to survivors. |
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77 | 77 | | 49 (C) The department shall establish an advisory committee that includes, without |
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78 | 78 | | 50limitation, persons who have been impacted by violence, formerly incarcerated persons, and 4 of 8 |
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79 | 79 | | 51persons with direct experience in implementing supportive services for marginalized survivors. |
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80 | 80 | | 52Racial, gender, and ethnic diversity, and representation of communities and identities shall be |
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81 | 81 | | 53considered for all appointments. Advisory board members are appointed for 2 year terms and |
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82 | 82 | | 54cannot serve consecutive terms. The committee shall consist of 6 members, 3 members are to be |
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83 | 83 | | 55appointed by the Department Of Public Health Bureau Of Community Health And Prevention |
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84 | 84 | | 56for their work with community-based organizations or for their expertise providing direct |
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85 | 85 | | 57services and recovery assistance such as housing, job placement, counseling, legal services, or |
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86 | 86 | | 58economic support to vulnerable survivors; 3 members are to be appointed by the Department Of |
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87 | 87 | | 59Public Health Bureau Of Community Health And Prevention for their work as community |
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88 | 88 | | 60providers or advocates with expertise in community-based or statewide violence reduction or |
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89 | 89 | | 61prevention programs. A person’s criminal history shall not disqualify them from being appointed |
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90 | 90 | | 62to the advisory board. |
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91 | 91 | | 63 The advisory committee shall establish rules for implementing this section and shall |
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92 | 92 | | 64make grants under this chapter on a competitive basis to community-based organizations. |
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93 | 93 | | 65Community-based organizations shall apply on a form prescribed by the committee, which shall |
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94 | 94 | | 66include, but not be limited to, (i) a description of the organization’s history serving one or more |
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95 | 95 | | 67of the groups described in subdivision (f); (ii) a description of how the community or |
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96 | 96 | | 68communities the organization serves are impacted by violence and incarceration; (iii) the |
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97 | 97 | | 69estimated number of survivors of violence the organization or program currently serves; (iv) the |
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98 | 98 | | 70estimated number of survivors of violence to whom the organization or program anticipates it |
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99 | 99 | | 71will distribute grant funds; (v) a description of how the organization plans to distribute flexible |
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100 | 100 | | 72cash assistance funds to survivors to meet immediate financial needs quickly; and (vi) a 5 of 8 |
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101 | 101 | | 73description of how the organization plans to minimize the burden on survivors to provide |
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102 | 102 | | 74documentation or submit paperwork. |
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103 | 103 | | 75 The advisory committee shall (i) strive to minimize the paperwork burden on grant |
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104 | 104 | | 76applicants and grantees; (ii) strive to develop an application, awards, and reporting process that is |
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105 | 105 | | 77accessible to community-based organizations with smaller budgets or without past experience |
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106 | 106 | | 78receiving a state grant award; (iii) develop a plan to publicize the grant program in advance of an |
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107 | 107 | | 79application deadline; (iv) Create guidelines around effective and inclusive evidence-based direct |
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108 | 108 | | 80cash distribution practices for grantees; (v) provide technical assistance to applicants and |
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109 | 109 | | 81grantees; (vi) work with the department to develop tools to support applicants applying for an |
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110 | 110 | | 82award under this chapter, including, but not limited to, templates and sample applications, which |
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111 | 111 | | 83shall be posted prominently on the office’s internet website; and (vii) work with the department |
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112 | 112 | | 84to publicize and host at least two webinars that are open to the public detailing how to apply for a |
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113 | 113 | | 85grant under this chapter prior to an application deadline. |
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114 | 114 | | 86 (D) A community-based organization shall be eligible to apply for a grant under this |
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115 | 115 | | 87chapter if the organization has a history of serving survivors of violence and the majority of |
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116 | 116 | | 88people the organization, or a project within the organization that will administer the grant, serves |
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117 | 117 | | 89are survivors of violence. |
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118 | 118 | | 90 When considering grant applications, the advisory committee shall give preference to |
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119 | 119 | | 91organizations that are located in, serve, and employ members of communities that experience |
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120 | 120 | | 92disproportionately high rates of gun violence and imprisonment. |
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121 | 121 | | 93 When considering grant applications, the advisory committee shall give preference to |
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122 | 122 | | 94community-based organizations that have a history of providing services to vulnerable survivors, 6 of 8 |
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123 | 123 | | 95including, but not limited to, (i) survivors of color; (ii) elderly survivors; (iii) survivors with |
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124 | 124 | | 96disabilities; (iv) Survivors who are transgender or gender nonconforming; (v) survivors from |
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125 | 125 | | 97communities that have been disproportionately criminalized/policed; (vi) survivors who are |
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126 | 126 | | 98formerly incarcerated or who have past arrests or convictions; (vii) survivors who are |
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127 | 127 | | 99undocumented/at risk of becoming undocumented; (viii) survivors who are unhoused; (ix) |
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128 | 128 | | 100survivors of firearm injuries; (x) Survivors who have lost a family member to homicide; (xi) |
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129 | 129 | | 101survivors facing mental health crises; (xii) low-income survivors; or (xiii) survivors challenged |
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130 | 130 | | 102by substance misuse. |
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131 | 131 | | 103 (E) An organization receiving a grant under this chapter may use the funds as follows: |
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132 | 132 | | 104 (a) Unrestricted cash assistance to survivors of violence to meet survivors’ financial |
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133 | 133 | | 105needs or to cover survivors’ expenses, distributed at the discretion of the organization in amounts |
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134 | 134 | | 106determined by the organization based on the needs of survivors and in a way that minimizes or |
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135 | 135 | | 107eliminates the burden on survivors to provide external documentation of their need or expenses. |
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136 | 136 | | 108 (b) Up to 10 percent for the organization’s expenses in administering the grant. |
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137 | 137 | | 109 (F) A community-based organization receiving a grant under this chapter shall establish |
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138 | 138 | | 110policies and procedures for distributing funds to survivors whom the organization serves that |
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139 | 139 | | 111comply with all the following: |
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140 | 140 | | 112 (a) Allow survivors to attest to their experience of violence without obtaining external |
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141 | 141 | | 113documentation of a violent victimization. |
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142 | 142 | | 114 (b) Promote distribution of funds to survivors in a manner that meets the immediate needs |
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143 | 143 | | 115of survivors quickly. 7 of 8 |
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144 | 144 | | 116 (c) Do not require survivors to engage in other services or programs as a condition of |
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145 | 145 | | 117receiving funds. |
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146 | 146 | | 118 (d) Do not require survivors to provide or maintain burdensome documentation of their |
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147 | 147 | | 119need or spending. |
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148 | 148 | | 120 (e) Do not require survivors to report a crime to a law enforcement agency as a condition |
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149 | 149 | | 121of receiving cash assistance. |
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150 | 150 | | 122 (f) Do not exclude survivors on the basis of citizenship or immigration status. |
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151 | 151 | | 123 (g) Do not exclude survivors on the basis of an arrest or conviction record, nor on the |
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152 | 152 | | 124basis of a survivor’s status under correctional supervision. |
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153 | 153 | | 125 (G) Notwithstanding any other law, cash assistance received under this chapter shall be |
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154 | 154 | | 126treated in the same manner as the federal earned income refund for the purpose of determining |
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155 | 155 | | 127eligibility to receive benefits under Chapter 106 of the Code of Massachusetts Regulations or |
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156 | 156 | | 128amounts of those benefits. |
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157 | 157 | | 129 Each grantee shall annually report to the department both of the following: |
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158 | 158 | | 130 (a) The aggregate number of survivors who received cash assistance through the grant |
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159 | 159 | | 131program. |
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160 | 160 | | 132 (b) The average amount of assistance each survivor received through the grant program. |
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161 | 161 | | 133 (c) High level aggregate data on how the funds are being utilized by programs and |
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162 | 162 | | 134survivors. 8 of 8 |
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163 | 163 | | 135 The department may use up to 5 percent of the funds appropriated for the grant program |
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164 | 164 | | 136each year for the costs of administering the grant program, including, without limitation, |
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165 | 165 | | 137employing personnel, providing technical assistance to grantees or prospective grantees, and |
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166 | 166 | | 138issuing a report on the impacts of the grant program. |
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167 | 167 | | 139 (H) Before July 1, 2028, the department shall post on its internet website a public report |
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168 | 168 | | 140on the impact of the grant program, which shall include policy recommendations to provide |
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169 | 169 | | 141guidance to the Legislature and Governor in fully implementing and scaling a permanent grant |
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170 | 170 | | 142program. |
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