[Title 28 CFR 33]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 33 - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS]
[From the U.S. Government Printing Office]
28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseBUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS33PART 33JUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICE
PART 33--BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS--Table of Contents
Subpart A--Criminal Justice Block Grants
General Provisions
Sec.
33.1 General.
33.2 Statutory authority.
33.3 OMB approval of information collection requirements.
Eligible Applicants
33.10 State government.
33.11 Units of local government.
33.12 Establishment of State Office.
Allocation of Funds
33.20 Fund availability.
33.21 Match.
33.22 Title to personal property.
33.23 Limitations on fund use.
Purposes of Block Grant Funds
33.30 Program criteria.
33.31 Eligible purposes and programs.
33.32 Certified programs.
Application Requirements
33.40 General.
33.41 Application content.
Additional Requirements
33.50 General financial requirements.
33.51 Audit.
33.52 Civil rights.
Submission and Review of Applications
33.60 General.
33.61 Review of State applications.
Reports
33.70 Annual performance report.
33.71 Initial project report.
Suspension of Funding
33.80 Suspension of funding.
Subpart B--Bulletproof Vest Partnership Grant Program Applying for the
Program
33.100 Definitions.
33.101 Standards and requirements.
33.102 Preferences.
33.103 How to apply.
Authority: Omnibus Crime Control and Safe Streets Act of 1968, 42
U.S.C. 3701, et seq., as amended (Pub. L. 90-351, as amended by Pub. L.
93-83, Pub. L. 93-415, Pub. L. 94-430, and Pub. L. 94-503, Pub. L. 95-
115, Pub. L. 96-157, and Pub. L. 98-473) (the Justice Assistance Act of
1984); Pub. L. 105-181, 112 Stat. 512, 42 U.S.C. 3796ll.
Source: 50 FR 22990, May 30, 1985, unless otherwise noted.
Subpart A--Criminal Justice Block Grants
General Provisions
Sec. 33.1 General.
This subpart defines eligibility criteria and sets forth
requirements for application for and administration of block grants by
state and local governments.
[50 FR 22990, May 30, 1985, as amended at 63 FR 50761, Sept. 23, 1998]
Sec. 33.2 Statutory authority.
The statutory authority for the regulations is the Omnibus Crime
Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et. seq., as
amended (Pub. L. 90-351, as amended by Pub. L. 93-83, Pub. L. 93-415,
Pub. L. 94-430, Pub. L. 94-503, Pub. L. 95-115, Pub. L. 96-157, and Pub.
L. 98-473) (hereinafter referred to as the Justice Assistance Act of
1984 or the Act).
Sec. 33.3 OMB approval of information collection requirements.
The information collection requirements in this subpart A have been
approved by the Office of Management and Budget under control no. 1121-
0113.
[50 FR 22990, May 30, 1985, as amended at 63 FR 50761, Sept. 23, 1998]
Eligible Applicants
Sec. 33.10 State government.
All states are eligible to apply for and receive block grants.
Section 404 of the Act. State, as defined in the statute, means any
state of the United States and includes the District of Columbia, the
Commonwealth of Puerto Rico, and the Virgin Islands. Section 901(a)(2)
of the Act.
[[Page 484]]
Sec. 33.11 Units of local government.
(a) Units of local government are eligible to receive subgrants from
a participating state. Unit of local government means any city, county,
township, borough, parish, village, or other general purpose political
subdivision of a state and includes Indian tribes which perform law
enforcement functions as determined by the Secretary of the Interior.
Section 901(a)(3) of the Act.
(b) If the Bureau determines, during any fiscal year, that a portion
of the funds allocated to a state will not be required, or that a state
will be unable to qualify and receive funds, or that a state chooses not
to participate in the program, then the Bureau shall award the funds
allocated to the state directly to urban, rural, and suburban units of
local government or combinations thereof within the state, giving
priority to those jurisdictions with the greatest need. Section 407(d)
of the Act.
Sec. 33.12 Establishment of State Office.
(a) Section 408(a) of the Act provides that the chief executive of
each participating state shall designate a State Office for the purposes
of:
(1) Preparing an application to obtain funds; and
(2) Administering funds received from the Bureau of Justice
Assistance, including receipt, review, processing, monitoring, progress
and financial report review, technical assistance, grant adjustments,
accounting, auditing, and fund disbursements.
(b) An office or agency performing other functions within the
state's executive branch may be designated as the State Office. Section
408(b) of the Act.
Allocation of Funds
Sec. 33.20 Fund availability.
Section 407(a) of the Justice Assistance Act provides that 80
percent of the total amount appropriated for part D (block grants) and
part E (discretionary grants) shall be allocated for block grants.
(a) Allocation to States. Each participating state shall receive a
base amount of $250,000 with the remaining funds allocated to each state
on the basis of the state's relative share of total U.S. population.
Section 407(a) of the Act. If a state does not elect to participate in
the Act, the states allocation shall be awarded by the Bureau directly
to local units of government and combinations of units of local
government within the state. Section 407(d) of the Act.
(b) Allocation of funds within the State. (1) Funds granted to the
state are further subgranted by the state to state agencies and units of
local government to carry out programs and projects contained in an
approved application. Each state shall distribute to its local units of
government, in the aggregate, a portion of the state's block grant funds
equal to the local government share of total state and local criminal
justice expenditures. Section 407(b) of the Act. In determining the
portion to be distributed to local units, the most recent and complete
data available from the Bureau of Justice Statistics of the U.S.
Department of Justice shall be used unless the use of other data has
been approved in advance by the Bureau of Justice Assistance.
(2) To request approval of a distribution ratio other than that
based on data of the Bureau of Justice Statistics, the head of the State
Office must certify in writing to the Bureau of Justice Assistance that
the ratio it proposes is a correct reflection of the local share of
total state and local criminal justice expenditures and that the state
has notified its major local governments of the request and informed
them of the opportunity to contact the Bureau within 30 days, if they
have any objections. The written request must also cite the expenditure
data used to substantiate the proposed change.
(c) Allocation based on greatest need. In distributing funds among
urban, rural, and suburban units of local government, the state shall
give priority to those jurisdictions with the greatest need. Section
407(b)(2) of the Act.
Sec. 33.21 Match.
(a) Funds may be used to pay up to 50 percent of the cost of a
program or project. Section 403(b)(1) of the Act. The remaining non-
Federal share shall be in cash. Section 403(b)(2) of the Act. Match will
be provided on a project by
[[Page 485]]
project basis. However, states may request the Bureau to approve
exceptions such as match on a program by program basis, state-wide
basis, unit-of-government basis, or a combination of the above. States
must include any requests for approval of other than project-by-project
match in their applications to the Bureau.
(b) Funds subgranted to an Indian tribe which performs law
enforcement functions (as determined by the Secretary of the Interior)
shall be used to pay 100 percent of the cost of a program or project.
Section 403(b)(1) of the Act.
Sec. 33.22 Title to personal property.
Section 808 of the Justice Assistance Act provides that
notwithstanding any other provision of law, title to all expendable and
nonexpendable personal property purchased with funds made available
under this title, including property with funds made available under
this title as in effect before the effective date of the Justice
Assistance Act of 1984, shall vest in the criminal justice agency or
nonprofit organization that purchased the property if it certifies to
the State Office that it will use the property for criminal justice
purposes. If such certification is not made, title to the property shall
vest in the State Office, which shall seek to have the property used for
criminal justice purposes elsewhere in the state prior to using it or
disposing of it in any other manner. If a State Office does not exist,
certification will be made directly to the Bureau of Justice Assistance.
Sec. 33.23 Limitations on fund use.
In order to insure the most efficient and effective use of grant
funds, the Justice Assistance Act places restrictions on the award of
block monies for routine equipment, personnel costs, construction,
supplanting of state and local funds, and land acquisition.
(a) Equipment and hardware. The purchase or acquisition of equipment
or hardware with grant funds is prohibited unless the purchase or
acquisition is an incidental and necessary part of a program. Section
406(c)(1) of the Act.
(b) General salaries and personnel costs. Payment of personnel costs
with grant funds is prohibited unless the costs are an incidental and
necessary part of a program. Section 406(c)(1) of the Act. Programs
which have as their primary purpose the payment of usual salaries paid
to employees generally, or to specific classes of employees within a
jurisdiction, are prohibited. Notwithstanding the above, grant funds may
be used to compensate personnel for time engaged in conducting or
undergoing training programs or the compensation of personnel engaged in
research, development demonstration, or short-term programs. Section
406(c)(2) of the Act.
(c) Construction. Construction projects are prohibited. Section
406(c)(3) of the Act.
(d) Land acquisition. Acquisition of land with grant funds is
prohibited. Section 406(c)(3) of the Act.
(e) Ineffective programs. The use of grant funds is prohibited for
programs or projects which, based upon evaluations by the National
Institute of Justice, Bureau of Justice Assistance, Bureau of Justice
Statistics, state or local agencies, and other public or private
organizations, have been demonstrated to offer a low probability of
improving the functioning of the criminal justice system. The Bureau of
Justice Assistance will formally identify ineffective programs by notice
in the Federal Register after opportunity for public comment. Section
406(c)(4) of the Act.
(f) Administrative costs. The use of grant funds to pay for costs
incurred in applying for or administering the block grant is prohibited.
Block grant funds may only be used to carry out programs that fall
within one of the purposes listed in secton 403(a) of the Justice
Assistance Act. Section 403(a) of the Act.
(g) Period of project support. A grant recipient may receive block
grant funds for a specific program or project for a period not to exceed
four years. The four-year maximum allowable period of funding includes
any period prior to the Justice Assistance Act when the program or
project was supported by funds made available under title I of the
Omnibus Crime Control and Safe Streets Act. Section 403(c) of the Act.
[[Page 486]]
(h) Non-supplantation. Block grant funds shall not be used to
supplant state or local funds, but will be used to increase the amounts
of such funds that would, in the absence of Federal aid, be made
available for criminal justice activities. Section 405(2) of the Act.
Purposes of Block Grant Funds
Sec. 33.30 Program criteria.
The Justice Assistance Act requires that block grant funds assist
states and local governments to carry out specific programs which offer
a high probability of improving the functioning of the criminal justice
system, with special emphasis on violent crime and serious offenders.
Section 403(a) of the Act.
(a) High probability of improving the criminal justice system. High
probability of improving the criminal justice system means that a
prudent assessment of the concepts and implementation plans included in
a proposed program, project, approach, or practice, together with an
assessment of the problem to which it is addressed and of data and
information bearing on the problem, concept, and implementation plan,
provides strong evidence that the proposed activities would result in
identifiable improvements in the criminal justice system if implemented
as proposed. Section 901(a)(21) of the Act.
(b) Special emphasis on violent crime and serious offenders. Special
emphasis on violent crime and serious offenders means that a
relationship exists between the program and violent crime, the victims
of violent crime, serious offenders and their acts, and the prevention
of violent crime and serious offenses. Violent crime, for the purpose of
this program, includes homicide, robbery, assault, arson, residential
burglary, child abuse and molestation, sexual assault, kidnapping, and
all felonies involving weapons or narcotics trafficking. Serious
offenders are those who commit violent crimes.
(c) Criminal justice. Criminal justice means activities pertaining
to crime prevention, control, or reduction, or the enforcement of the
criminal law, including but not limited to, police efforts to prevent,
control, or reduce crime or to apprehend criminals, including juveniles,
activities of courts having criminal jurisdiction, and related agencies
(including but not limited to proescutorial and defender services,
juvenile delinquency agencies, and pretrial service or release
agencies), activities of corrections, probation or parole authorities
and related agencies assisting in the rehabilitation, supervision, and
care of criminal offenders, and programs relating to the prevention,
control, or reduction of narcotic addiction and juvenile delinquency.
Section 901(a)(1) of the Act.
Sec. 33.31 Eligible purposes and programs.
(a) Eligible purposes. Block grant funds may be used for the
following purposes listed in section 403(a) of the Justice Assistance
Act:
(1) Providing community and neighborhood programs that enable
citizens and police to undertake initiatives to prevent and control
neighborhood crime;
(2) Disrupting illicit commerce in stolen goods and property;
(3) Combating arson;
(4) Effectively investing and bringing to trial white-collar crime,
organized crime, public corruption crimes, and fraud against the
Government;
(5) Identifying criminal cases involving persons (including juvenile
offenders) with a history of serious criminal conduct in order to
expedite the processing of such cases and to improve court system
management and sentencing practices and procedures in such cases;
(6) Developing and implementing programs which provide assistance to
jurors and witnesses, and assistance (other than compensation) to
victims of crimes;
(7) Providing alternatives to pretrial detention, jail, and prison
for persons who pose no danger to the community;
(8) Providing programs which identify and meet the needs of drug-
dependent offenders;
(9) Providing programs which alleviate prison and jail overcrowding
and programs which identify existing state and Federal buildings
suitable for prison use;
[[Page 487]]
(10) Providing, management, and technical assistance to criminal
justice personnel and determining appropriate prosecutorial and judicial
personnel needs;
(11) Providing prison industry projects designed to place inmates in
a realistic working and training environment in which they will be
enabled to acquire marketable skills and to make financial payments for
restitution to their victims, for support of their own families, and for
support of themselves in the institution;
(12) Providing for operational information systems and workload
management systems which improve the effectiveness of criminal justice
agencies;
(13) Not more than 10 percent of the state's block grant funds for
providing programs of the same types as described in section 501(a)(4)
of the Act which:
(i) The Bureau establishes under section 503(a) of the Act as
discretionary programs for financial assistance; or
(ii) Are innovative and have been deemed by the Bureau as likely to
prove successful;
(14) Implementing programs which address critical problems of crime,
such as drug trafficking, which have been certified by the Director of
the Bureau of Justice Assistance as having proved successful, after a
process of consultation coordinated by the Assistant Attorney General of
the Office of Justice Programs with the Director of the National
Institute of Justice, Director of the Bureau of Justice Statistics, and
Administrator of the Office of Juvenile Justice and Delinquency
Prevention;
(15) Providing programs which address the problem of serious
offenses committed by juveniles;
(16) Addressing the problem of crime committed against the elderly;
(17) Providing training, technical assistance, and programs to
assist state and local law enforcement authorities in rural areas in
combating crime, with particular emphasis on violent crime, juvenile
delinquency, and crime prevention; and
(18) Improving the operational effectiveness of law enforcement by
integrating and maximizing the effectiveness of police field operations
and the use of crime analysis techniques.
(b) Programs. The Bureau of Justice Assistance has certified that
specific programs meet these purposes, conform with the program
criteria, and are eligible for block grant support. (See Sec. 33.32 of
the regulations, Certified Programs). These programs are described in
Program Briefs that are available from the Bureau of Justice Assistance.
The list of certified programs will be expanded in the future based on
the statutory criteria to permit a more complete coverage of each of the
purposes. This certification will be done in consultation with state and
local governments and published in the Federal Register. States and
localities may use block funds to implement one or more of these
certified programs, if they agree to comply with the critical elements
set forth in Sec. 33.32 of these regulations, and to provide data on the
performance indicators listed. States and localities selecting these
programs may identify the certified program in their application by name
only, without further description. Programs other than those certified
by the Bureau of Justice Assistance may be proposed by the state and/or
units of local government and approved for funding by the Bureau. To
obtain approval to fund a proposed program, the applicant must provide
in its application a description of the program and evidence that it
meets the statutory program criteria. The application requirements for
program approval are contained in Subpart E--Application Requirements.
Sec. 33.32 Certified programs.
(a) The Act encourages the implementation of programs that have been
proven successful. Pursuant to section 403(a)(14) of the Act, the Bureau
of Justice Assistance, after a process of consultation coordinated by
the Assistant Attorney General of the Office of Justice Programs with
the National Institute of Justice, the Bureau of Justice Statistics, and
the Office of Juvenile Justice and Delinquency Prevention, certifies
that the following programs have been proven successful:
(1)(i) Purpose: Providing community and neighborhood programs that
enable citizens and police to undertake
[[Page 488]]
initiatives to prevent and control neighborhood crime.
(ii) Certified program: Community crime prevention. This program
aims to prevent crime and reduce the fear of crime through organized
collective citizen action. Community crime prevention programs may be
initiated by either law enforcement agencies or existing community
groups, but each must have the active support and involvement of the
other. Local programs must be designed to meet the needs and problems of
specific neighborhoods or communities and particular population groups,
including the elderly. They must make extensive use of volunteers. The
specific services or activities to be implemented depend on the local
situation and crime problem, but usually have, as a core element,
neighborhood (block) watch with additional activities optional. Programs
to provide training, technical assistance and other support services are
also eligible for funding. Program objectives and elements are described
in greater detail in the Program Brief on Community Crime Prevention.
(A) Critical elements:
(1) Pre-program planning to determine needs and problems of
community.
(2) Targeting of activities and services to meet local situation.
(3) Maximum use of volunteers.
(4) Cooperation of community organizations and law enforcement.
(B) Optional activities: Projects must implement one or more of the
following:
(1) Neighborhood Watch
(2) Operation ID
(3) Security Surveys
(4) Citizen Patrols
(5) Escort or Special Services for the Elderly
(6) Block Homes or Safe-Houses
(7) Neighborhood Clean-Ups in High Crime Areas
(8) Public Education
(9) Training
(10) Technical Assistance
(C) Performance indicators:
(1) Number of staff assigned to project.
(2) Types of services provided.
(3) Units of service delivered (e.g., number of block watches
organized).
(4) Number of volunteers participating.
(2)(i) Purpose: Disrupting illicit commerce in stolen goods and
property.
(ii) Certified program: Property Crime (STING) Program. This program
targets the apprehension and prosecution of burglars/thieves as well as
those individuals who provide the outlets for receipt of stolen goods
and property. The majority of the model programs have established
storefronts in which law enforcement officers pose as fences who buy
stolen goods. In areas where there is a high concentration of organized
crime, programs have employed techniques to infiltrate organizations in
order to obtain evidence for prosecution of serious crime. Program
objectives and elements are described in greater detail in the Program
Brief on Property Crime (STING) Program.
(A) Critical elements:
(1) Program planning, which consists of:
(i) Analysis of the stolen property redistribution system in the
jurisdiction.
(ii) Selection of the target criminal population and/or property at
which the program will be directed.
(iii) Establishment of policies and procedures governing roles of
participants, and program implementation.
(2) Establishment of records maintenance and management system;
security management procedures; and stolen property/contraband/evidence
management.
(3) Implementation of operations, including undercover activities
and ongoing intelligence gathering and analysis.
(4) Coordination with prosecutorial personnel in case development
and proper use of undercover techniques; and cooperation with victims to
assure return of property.
(B) Performance indicators:
(1) Number of arrest and type of offense.
(2) Number of convictions.
(3) Dollar value of property received.
(4) Dollar value of property returned to victims.
(5) Number of fencing operations disrupted.
(3)(i) Purpose: Combating arson.
[[Page 489]]
(ii) Certified program: Arson Prevention and Control Program. This
program employs the task force concept as a strategy to prevent and
control the malicious or fraudulent burning of property. It attempts to
reduce the incidence of arson and increase arrest, prosecution and
conviction rates. The program focuses on arson that is economically
motivated. Program objectives and elements are described in greater
detail in the Program Brief on Arson Prevention and Control.
(A) Critical elements:
(1) Program planning to establish:
(i) An understanding to the area's specific arson problems.
(ii) A selection of program priorities, strategies, and the
targeting of the criminal population.
(iii) An outline of policies and procedures for program participants
and program implementation.
(iv) Written agreements indicating participation in the program,
acceptance of established criteria and procedures, and commitment of
resources.
(2) Establishment of a system for collecting and analyzing data to
target and identify arson patterns, methods and areas of vulnerability.
(3) Establishment of investigative and prosecutorial elements
directed at the crime of arson.
(4) Involvement of community groups and private industry in support
of the program.
(B) Performance indicators:
(1) Number of staff assigned to the project.
(2) Number of confirmed arson incidents reported during reporting
period.
(3) Number of confirmed arson incidents reported during equivalent
pre-reporting period.
(4) Number of incidents resulting in a prosecution during program
period.
(5) Number of incidents resulting in a prosecution during equivalent
pre-reporting period.
(6) Number of prosecutions resulting in conviction.
(7) Amount of property damage/loss caused by incendiary/suspicious
fires during program period.
(8) Amount of property damage/loss by incendiary/suspicious fires
during equivalent pre-reporting period.
(4)(i) Purpose: Effectively investigating and bringing to trial
white-collar crime, organized crime, public corruption crime, and fraud
against the Government. (No specific program has been certified by the
Bureau. Applicants may propose programs for approval in accordance with
the provisions of Sec. 33.41.)
(5)(i) Purpose: Identifying criminal cases involving persons
(including juvenile offenders) with a history of serious criminal
conduct in order to expedite the processing of such cases and to improve
court system management and sentencing practices and procedures in such
cases.
(ii) Certificate program: Career Criminal Prosecution Program. This
program targets the identification and prosecution of violent and repeat
offenders. Model efforts include a full time prosecutorial unit devoted
to increasing the rate of prosecution of such offenders, special
screening criteria, and policies that initiate or enhance vertical
prosecution. Program objectives and elements are described in greater
detail in the Program Brief on Career Criminal Prosecution.
(A) Critical elements:
(1) Screening and prosecution criteria to identify cases involving
violent offenses and repeat offenders.
(2) A separate, full-time prosecutorial unit for violent and repeat
offenders to enable vertical prosecution of assigned cases.
(3) Reduction of caseload to enable thorough case preparation/
presentation.
(4) A policy requiring limited or no plea negotiations.
(5) A policy of opposing pre-trial motions for continuances.
(6) A policy to maintain effective communications with victims and
witnesses.
(B) Performance indicators:
(1) Number of full-time prosecutors assigned to unit.
(2) Number of cases meeting established criteria.
(3) Number of cases prosecuted.
(4) Number of and percentage of cases resulting in conviction.
(5) Number and percentage of individuals incarcerated.
[[Page 490]]
(iii) Certified program: Court Delay Reduction Program. This program
expedites the processing of felony cases in trial courts. It emphasizes
reduction of backlogs while maintaining equitable treatment and due
process. Model programs result in reduction of case processing time,
minimization of court appearances for victims and witnesses, and
improvement of the public's perception of the quality of the criminal
justice system. This program is available for both metropolitan trial
courts and state-level court systems. Program objectives and elements
are described in greater detail in the Program Brief on Court Delay
Reduction.
(A) Critical elements: Both the metropolitan and the state level
programs are divided into two phases, planning and implementation.
(1) Planning (Phase I):
(i) Formation of delay reduction advisory committee.
(ii) Data collection, analysis, and problem identification.
(iii) Adoption of case processing goals for criminal cases.
(iv) Development of action plan(s).
(2) Implementation (Phase II):
(i) Education of trial judges and others on objectives, standards
and procedures.
(ii) Systematic monitoring of all criminal cases filed in
participating courts.
(iii) System for regular acquisition and assessment of data from
each trial court (state level only).
(iv) Modification of rules and procedures at all levels of program
participation when program results indicate need for changes.
(B) Performance indicators.
(1) Time standard established for processing of criminal cases under
the project (days from arrest to trial).
(2) Percentage of criminal cases prior to project that met standard.
(3) Percentage of criminal cases disposed of during the project
reporting period that met time disposition standard.
(4) Reduction in the average number of continuances from the
equivalent pre-project period.
(6)(i) Purpose: Developing and implementing programs which provide
assistance to jurors and witnesses, and assistance (other than
compensation) to victims of crimes.
(ii) Certified program: victim assistance. This program provides
services and assistance to victims in order to speed their recovery from
the financial loss, physical suffering and emotional trauma of
victimization, and to assure proper and sensitive treatment of innocent
victims in the criminal justice process. Victim assistance programs
usually encompass a wide range of support services. The specific
services to be provided, and the specific target group should reflect
local needs and priorities. Program objectives and elements are
described in greater detail in the Program Brief on Victim Assistance.
(A) Critical elements:
(1) Analysis of the community's victim/witness needs and problems.
(2) Targeting of existing and planned activities and services to
respond to this community situation.
(3) Formulation of agreements for cooperation between criminal
justice system agencies and public and private victim/witness service
providers.
(B) Optional activities: Projects must implement a minimum of three
(3) or more of the following:
(1) 24 hour crisis intervention and support or emergency services.
(2) Counseling.
(3) Assistance with compensation claims, creditors, community
referrals, and restitution.
(4) Police, prosecutor or court-related services.
(5) Safety (including shelter), supportive counseling, social
services support and criminal justice advocacy.
(6) Training and education for individuals having direct contact
with the victims, i.e., police, medical personnel, prosecutors, judges,
etc.
(C) Performance indicators:
(1) Number of staff assigned to project.
(2) Types of services provided.
(3) Number of victims/witnesses served (by type of service).
(4) Number of criminal justice personnel and others trained.
(7)(i) Purpose: Providing alternatives to pretrial detention, jail,
and prison for persons who pose no danger to the community.
[[Page 491]]
(ii) Certified program: Jail overcrowding/alternatives to pretrial
detention. This program aims to control jail population through improved
intake screening which assures that persons who should be in jail are
detained, and that alternatives are available for those requiring less
than maximum supervision. Particular care must be taken that persons
charged with violent crimes be detained and that the impact on victims
and witnesses be a factor in screening decisions. The program calls for
the development of a jail population management plan as part of a
planning phase, followed by implementation of specific activities and
services. Among the activities and services that may be funded are
central intake and screening, pretrial services, diversion to
detoxification centers, citation release, community corrections,
sentencing alternatives, and jail management information systems.
Program objectives and elements are described in greater detail in the
Program Brief on Jail Overcrowding/Alternatives to Pretrial Detention.
(A) Critical elements:
(1) Implementation of program by state.
(2) Formation of broad-based jail policy committee.
(3) Program planning that includes data collection, analysis,
problem identification, and development of jail population management
plan, including the removal of juveniles from adult jails and lockups.
(4) Implementation of plan.
(B) Optional activities: Based on their plans, projects must
implement one or more of the following activities or components:
(1) Central intake and classification.
(2) Comprehensive pre-trial services.
(3) Diversion of public inebriates to detoxification centers.
(4) Diversion of juveniles to secure and non-secure alternatives.
(5) Citation release.
(6) Community correction centers.
(7) Sentencing alternatives (including restitution and work
release).
(8) Jail management information system.
(C) Performance indicators:
(1) Number of staff assigned to project.
(2) Pretrial jail population.
(3) Types of services and alternatives implemented.
(4) Numbers of arrestees served/diverted by type of alternative.
(5) Convicted clients completing alternative punishment
successfully.
(6) Re-arrest rate of released defendants.
(7) Estimated jail days saved.
(8)(i) Purpose: Providing programs which identify and meet the needs
of drug-dependent offenders.
(ii) Certified program: Treatment Alternatives to Street Crime
Program (TASC). This program intervenes in the criminal justice process
by early identification of substance-abusing offenders, referral to
community treatment resources, and monitoring of treatment. Model
programs provide the following services: screening arrestees, providing
diagnostic/referral services for treatment, and monitoring progress of
clients. Persons charged with or convicted of violent crimes including
murder, rape, arson, armed robbery, sexual assault, burglary, child
molestation, and manslaughter are excluded. Program objectives and
elements are described in greater detail in the Program Brief on
Treatment Alternatives to Street Crime.
(A) Critical elements:
(1) Broad-based support by criminal justice agencies.
(2) Establishment of TASC advisory board.
(3) Establishment of administrative management unit with full-time
director.
(4) Development of specific program eligibility criteria.
(5) Establishment of a process for screening potential clients and
court liaison.
(6) Development of methods for assessing most appropriate treatment
approaches.
(7) Documentation of the availability of community treatment
programs and their willingness to accept TASC clients.
(8) Establishment of monitoring/tracking system.
(B) Performance indicators:
(1) Number of staff assigned to project.
(2) Number of persons screened.
[[Page 492]]
(3) Number of clients accepted.
(4) Number of clients completing program.
(5) Number of client re-arrests while in the program.
(9) Purpose: Providing programs which alleviate prison and jail
overcrowding and programs which identify existing state and Federal
buildings suitable for prison use. (No specific program has been
certified by the Bureau. Applicants may propose programs for approval in
accordance with the provisions of Sec. 33.41.)
(10)(i) Purpose: Provide training, management, and technical
assistance to criminal justice personnel and determining appropriate
prosecutorial and judicial personnel needs. (No specific program has
been certified by the Bureau. Applicants may propose programs for
approval in accordance with the provisions in Sec. 33.41. Training,
management, and technical assistance programs must be focused on one of
the 17 other statutory purposes and be based on a needs assessment.
Entry level or basic training is prohibited.)
(11) Purpose: Providing prison industry projects designed to place
inmates in a realistic working and training environment in which they
will be enabled to acquire marketable skills and to make financial
payments for restitution to their victims, for support of their own
familes, and for support of themselves in the institution. (No specific
program has been certified by the Bureau. Applicants may propose
programs for approval in accordance with the provisions of Sec. 33.41.)
(12)(i) Purpose: Providing for operational information systems and
workload management systems which improve the effectiveness of criminal
justice agencies. All operational information system programs must be
based on a needs assessment and requirements analysis and must include
the definition of goals and objectives. In addition, they must assure
that if public domain software is not available, any improvements to
proprietary software will be placed in the public domain.
(ii) Certified program: Prosecution Management Support System
(PMSS). This program is a specific application of the generic planning,
implementation, and assessment requirements for effective system
development and performance. PMSS uses automated data processing systems
to support priority prosecution, improved conviction rates, speedy trial
management, and improved efficiency/effectiveness of the prosecutor's
office. Model programs result in information systems which support
prosecution activities such as identification of violent and career
criminals, case and subponena preparation and witness notification.
Systems are used to monitor management decisions and prosecutor actions
and to reduce case processing time and case preparation time. Program
objectives and elements are described in greater detail in the Program
Brief on Prosecution Management Support System. This Program Brief has
been designed to provide guidance for all criminal justice information
systems. The critical elements for PMSS are transferable to and are
equally critical for other criminal justice information systems.
(A) Critical elements:
(1) Pre-program needs assessment.
(2) Implementation plan for fulfilling information needs and
improving management and research capabilities.
(3) Process for monitoring management decisions and prosecutor
actions.
(B) Performance indicators:
(1) Number of staff assigned to project.
(2) Case processing time.
(3) Conviction rates.
(13) Purpose: Providing programs of the same types as programs
described in section 501(a)(4) of the Act which:
(i) The Director establishes under section 503(a) of the Justice
Assistance Act as discretionary programs for financial assistance; or
(ii) Are innovative and have been deemed by the Director as likely
to prove successful.
(14) Purpose: Implementing programs which address critical problems
of crime, such as drug trafficking, which have been certified by the
Director, after a process of consultation coordinated by the Assistant
Attorney General, Office of Justice Programs, with the Director of the
National Institute of Justice, Director of the Bureau of Justice
Statistics, and Administrator of the Office of Juvenile Justice and
[[Page 493]]
Delinquency Prevention, as having proved successful.
(15)(i) Purpose: Providing programs which address the problem of
serious offenses committed by juveniles.
(ii) Certified program: Restitution by juvenile offenders: This
program promotes the use of restitution by juvenile offenders to make
juveniles accountable to the victim and the community and to increase
community confidence in the juvenile justice system. Juvenile
restitution has been an effective alternative to incarceration in
jurisdictions that have used it, reducing recidivism and providing
benefits to victims. Assistance in the design and development of
Juvenile Restitution Programs funded under this Program is available
through the Restitution Education, Training and Technical Assistance
(RESTTA) Program funded by the Office of Juvenile Justice and
Delinquency Prevention. Program objectives and elements are described in
greater detail in the Program Brief on Restitution by Juvenile
Offenders.
(A) Critical elements:
(1) Legal authority to order restitution as a disposition for
delinquent offenses.
(2) Commitment of the court and juvenile justice personnel.
(3) Pre-program planning to establish written policies and
procedures, including:
(i) The stage of the system at which restitution will be initiated;
(ii) Specification of the target population; and
(iii) Establishment of procedures for determining the appropriate
restitution to be rendered by the juvenile offender, enforcing
restitution orders.
(4) Program management and administration should describe:
(i) Agency roles and responsibilities; and
(ii) Case management and tracking system for performance indicators.
(5) Community involvement in the program.
(B) Performance indicators:
(1) Personnel:
(i) Number employed full and part-time in restitution; and
(ii) Average restitution caseload per restitution/probation officer.
(2) Program participation:
(i) Number of juveniles by offense type;
(ii) Type and amount of restitution ordered; and
(iii) Number of victims (by type and amount of loss/injury)
receiving restitution.
(3) Number/percent juveniles successfully completing their
restitution orders.
(4) Total amount of restitution collected/completed.
(5) Number obtaining restitution-related employment/job services.
(6) Operational costs per case.
(7) Number of participants rearrested during the program.
(8) Number of participants incarcerated as a result of a rearrest or
program failure.
(9) Number retaining restitution-related employment following
completion.
(10) Victim satisfaction with the program.
(16) Purpose: Addressing the problem of crime committed against the
elderly. (No specific program has been certified by the Bureau.
Applicants may propose programs for approval in accordance with the
provisions of Sec. 33.41. Many of the programs identified under other
purposes indirectly address the problem of crime against the elderly.
Victim assistance programs and community crime prevention programs in
particular often provide services that meet the special needs of the
elderly.)
(17) Purpose: Provide training, technical assistance, and programs
to assist state and local law enforcement authorities in rural areas in
combating crime, with particular emphasis on violent crime, juvenile
delinquency, and crime prevention. (No specific program has been
certified by the Bureau. Applicants may propose programs for approval in
accordance with the provisions of Sec. 33.41. Many of the programs
identified under other purposes are equally applicable to rural and
urban areas.)
(18)(i) Purpose: Improve the operational effectiveness of law
enforcement by integrating and maximizing the effectiveness of police
field operations and the use of crime analysis techniques.
[[Page 494]]
(ii) Certified program: Integrated Criminal Apprehension Program
(ICAP). This program integrates and directs law enforcement activities
relative to the prevention, detection and investigation of serious and
violent crime. Components of model programs have included systematic
data collection and analysis, crime analysis, structured planning and
service delivery. The program emphasizes better use of existing
resources and better management of the patrol operation and
investigative process. It results in a process which increases arrests
for serious crimes. Program objectives and elements are described in
greater detail in the Program Brief on the Integrated Criminal
Apprehension Program.
(A) Critical elements:
(1) Commitment of law enforcement agency top management to concept
of manpower deployment based on crime analysis.
(2) Modification of agency data gathering methods to enhance
planning and crime analysis.
(3) Establishment of crime analysis and planning function.
(4) Implementation of strategies, tactics and processes based on
analysis that contribute to better management of criminal investigation
and patrol.
(B) Performance indicators:
(1) Number of staff assigned to project.
(2) Types of strategies implementations e.g., directed patrol, crime
analysis.
(3) Types of crimes targeted.
(4) Clearance rates (by arrest) for targeted crimes.
(5) Conviction rates for targeted crimes.
Application Requirements
Sec. 33.40 General.
Sections 33.40 and 33.41 set forth the required programmatic content
of block grant applications.
[50 FR 22990, May 30, 1985, as amended at 63 FR 50761, Sept. 23, 1998]
Sec. 33.41 Application content.
(a) Format. Applications from the states for criminal justice block
grants must be submitted on Standard Form 424, Application for Federal
Assistance, at a time specified by the Bureau of Justice Assistance. The
Bureau will provide to the states an ``Application Kit'' that includes
SF 424, a list of assurances that the applicant must agree to, a table
of fund allocations, and additional guidance on how to prepare and
submit an application for criminal justice block grants.
(b) Programs. Applications must set forth programs and projects
covering a two-year period which meet the purposes and criteria of
section 403(a) of the Justice Assistance Act and these regulations.
Applications must be amended annually, if new programs or projects are
to be added or if the programs or projects contained in the approved
application are not implemented. The application must designate which
statutory purpose the program or project is intended to achieve,
identify the state agency or unit of local government that will
implement the program or project, and provide the estimated funding
level for the program or project including the amount and source of cash
matching funds. Section 405 of the Act.
(1) Section 33.32 of the regulations identifies specific programs
which have been certified by the Bureau to meet the requirements of the
Act. Approval will be given for implementation of any of these programs,
if the applicant agrees to include all the critical elements in the
program design. An applicant need only identify the program, which
purpose it is intended to achieve, the state agency or unit of local
government which will implement it, the funding level (including amount
and source of match).
(2) Applicants may request approval of programs other than one of
those certified by the Bureau. The application must contain, in addition
to the information in Sec. 33.41(b), a description of the program
(including its critical elements and performance indicators) and
evidence that it meets the criteria of offering a high probability of
improving the functions of the criminal justice system. Evidence may
include, but is not necessarily limited to, the results of any
evaluations of previous tests or demonstrations of the program concept.
[[Page 495]]
(3) Applicants may also request approval to expend up to 10 per
centum of their funds for programs which the Director of the Bureau of
Justice Assistance has established as priorities for discretionary
grants under section 503 of the Act, or which are innovative programs
that are deemed by the Director as likely to prove successful. For a
program the same as a discretionary program, the applicant may identify
it by name only and provide the information required under
Sec. 33.41(b)(1) of the regulations. For an innovative program, the
applicant must describe the program (including its critical elements and
performance indicators) and provide evidence that it is likely to prove
successful.
(c) Confidential information. Applications which request funds for
the STING Program should not state the location of the project. The
application should only include the program designation, the funds
involved, and the number of projects. The state agency or unit of local
government implementing the project will be made known to the Bureau of
Justice Assistance upon request or upon completion of the project.
(d) Audit requirement. Applications from the state must include the
date of the State Office's last audit and the anticipated date of the
next audit.
(e) Civil rights contact. Applications from the state must include
the name of a civil rights contact person who has lead responsibility in
insuring that all applicable civil rights requirements are met and who
shall act as liaison in civil rights matters with the Office of Civil
Rights Compliance of the Office of Justice Programs.
(f) Application assurances. Applications must include the following
assurances:
(1) An assurance that, following the first fiscal year covered by an
application and each fiscal year thereafter, the applicant will submit
to the Bureau of Justice Assistance, where the applicant is a state or
jurisdiction in a non-participating state, a performance report
concerning the activities carried out, and an assessment of their
impact; section 405(1) of the Act.
(2) A certification that Federal funds made available under this
title will not be used to supplant state or local funds, but will be
used to increase the amounts of such funds that would, in the absence of
Federal funds, be made available for criminal justice activities;
section 405(2) of the Act.
(3) An assurance that funds accounting, auditing, monitoring, and
such evaluation procedures as may be necessary to keep such records as
the Bureau of Justice Assistance shall prescribe will be provided to
assure fiscal control, proper management, and efficient disbursement of
funds received under this title; section 405(3) of the Act.
(4) An assurance that the applicant shall maintain such data and
information and submit such reports, in such form, at such times, and
containing such information as the Bureau of Justice Assistance may
require; section 405(4) of the Act.
(5) A certification that the programs meet all the requirements,
that all the information contained in the application is correct, that
there has been appropriate coordination with affected agencies, and that
the applicant will comply with all provisions of the Justice Assistance
Act 1984 and all other applicable Federal laws; section 405(5) of the
Act.
(6) If the applicant is a state, an assurance that not more than 10
percent of the aggregate amount of funds received by a State under this
part for a fiscal year will be distributed for programs and projects
designated as intended to achieve the purpose specified in section
403(a)(13) of the Act; section 405(6) of the Act.
(7) An assurance that the state will take into account the needs and
requests of units of general local government in the state and encourage
local initiative in the development of programs which meet the purposes
of the Act; section 405(7) of the Act.
(8) An assurance that the state application and any amendment to
such application, has been submitted for review to the state legislature
or its designated body (for purpose of this requirement, an application
or amendment shall be deemed to be reviewed if the state legislature or
its designated body does not review it within 60 days
[[Page 496]]
from the time it was submitted to it); section 405(8) of the Act.
(9) An assurance that the state application and any amendment
thereto was made public before submission to the Bureau and, to the
extent provided under state law or established procedure, an opportunity
to comment thereon was provided to citizens and to neighborhood and
community groups; section 405(9) of the Act.
(10) An assurance that the applicant will comply, and all its
subgrantees and contractors will comply, with the non-discrimination
requirements of the Justice Assistance Act; title VI of the Civil Rights
Act of 1964; section 504 of the Rehabilitation Act of 1973, as amended;
title IX of the Education Amendments of 1972; the Age Discrimination Act
of 1975; and the Department of Justice Non-Discrimination regulations 28
CFR part 42, subparts C, D, E, and G;
(11) An assurance that in the event a Federal or state court or
Federal or state administrative agency makes a finding of discrimination
after a due process hearing on the grounds of race, color, religion,
national orgin or sex against a recipient of funds, the recipient will
forward a copy of the finding to the Office of Civil Rights Compliance
(OCRC) of the Office of Justice Programs;
(12) An assurance that the applicant will require that every
recipient required to formulate an Equal Employment Opportunity Program
(EEOP) in accordance with 28 CFR 42.301 et. seq., submit a certification
to the state that it has a current EEOP on file which meets the
requirements herein;
(13) An assurance that the applicant will provide an EEOP, if
required to maintain one, where the application is for $500,000 or more
and provide the EEOP of any subgrantee of $500,000 or more;
(14) An assurance that the applicant will comply with the provisions
of the Office of Justice Programs ``Financial and Administrative Guide
for Grants,'' M 7100.1;
(15) An assurance that the applicant will comply with the provisions
of 28 CFR applicable to grants and cooperative agreements including part
18, Administrative Review Procedure; part 20, Criminal Justice
Information Systems; part 22, Confidentiality of Identifiable Research
and Statistical Information; part 23, Criminal Intelligence Systems
Operating Policies; part 30, Intergovernmental Review of Department of
Justice Programs and Activities; part 42; Non-discrimination Equal
Employment Opportunity Policies and Procedures; part 61, Procedures for
Implementing the National Environmental Policy Act; and part 63,
Floodplain Management and Wetland Protection Procedures.
(g) Non-participating State. If a state notifies the Bureau of
Justice Assistance of its intent not to apply for block grant funds or
fails to submit an application by the submission date, the Bureau will
announce the availability of the block grant funds to local units of
government in the non-participating state and will invite them to submit
applications directly to the Bureau. A unit of local government
receiving a block grant award directly from the Bureau assumes
responsibility for all activities which would normally be the
responsibility of the State Office.
Additional Requirements
Sec. 33.50 General financial requirements.
Grants funded under the criminal justice block grant program are
governed by the provisions of the Office of Mangement and Budget (OMB)
Circulars applicable to financial assistance. These Circulars along with
additional information and guidance are contained in ``Financial and
Administrative Guide for Grants,'' Guideline Manual 7100.1, available
from the Office of Justice Programs. This Guideline Manual provides
information on cost allowability, methods of payment, audit, accounting
systems and financial records.
Sec. 33.51 Audit.
Pursuant to Office of Management and Budget Circular A-128 ``Audits
of State and Local Governments,'' all grantees and subgrantees must
provide for an independent audit of their activities on a periodic
basis. For additional information on audit requirements, applicants
should refer to the ``Financial and Administrative Guide
[[Page 497]]
for Grants,'' Guideline Manual 7100.1, Office of Justice Programs.
Sec. 33.52 Civil rights.
The Justice Assistance Act provides that ``no person in any state
shall on the ground of race, color, religion, national orgin, or sex be
excluded from participation in, be denied the benefits of, or be
subjected to discrimination under or denied employment in connection
with any programs or activity funded in whole or in part with funds made
available under this title.'' Section 809(c)(1) of the Act. Recipients
of funds under the Act are also subject to the provisions of title VI of
the Civil Rights Act of 1964; section 504 of the Rehabilitation Act of
1973, as amended; title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; and the Department of Justice Non-
Discrimination regulations 28 CFR part 42, subparts C, D, E, and G.
Submission and Review of Applications
Sec. 33.60 General.
This subpart describes the process and criteria for Bureau of
Justice Assistance review and approval of state applications and
amendments.
Sec. 33.61 Review of State applications.
(a) Review criteria. The Act provides the basis for review and
approval or disapproval of state applications and amendments in whole or
in part. These are:
(1) Compliance with the statutory requirements of the Justice
Assistance Act and the regulations of the Bureau of Justice Assistance.
Section 406(a)(1) of the Act.
(2) Compliance with Executive Order 12372, ``Intergovernmental
Review of Federal Programs.'' This program is covered by Executive Order
12372 and Department of Justice Implementing regulations 28 CFR part 30.
States must submit block grant applications to the state ``Single Point
of Contact'', if there is a ``Single Point of Contact'', and if this
program has been selected for coverage by the state process, at the same
time applications are submitted to the Bureau of Justice Assistance.
State processes have 60 days starting from the application submission
date to comment on applications. Applicants should contact their state
``Single Point of Contact'' as soon as possible to alert them of the
prospective application and receive instructions regarding the process.
(b) Sixty day rule. The Bureau of Justice Assistance shall approve
or disapprove applications or amendments within sixty (60) days of
official receipt. The application or amendment shall be considered
approved unless the Bureau of Justice Assistance informs the applicant
in writing of specific reasons for disapproval prior to the expiration
of the 60-day period. Applications that are incomplete, as determined by
the Bureau of Justice Assistance, shall not be considered officially
received for purposes of the 60-day rule. Section 406(a)(2) of the Act.
(c) Written notification and reasons for disapproval. The Bureau of
Justice Assistance shall notify the applicant in writing of the specific
reasons for the disapproval of the application or amendment, in whole or
in part. Section 406(a)(2) of the Act.
(d) Affirmative finding. The Bureau of Justice Assistance, prior to
approval of the application or amendments, must make an affirmative
finding in writing that the program or project has been reviewed in
accordance with section 405 of the Act and is lilkely to contribute
effectively to the achievement of the objectives of the Act. Section
406(a)(2) of the Act.
Reports
Sec. 33.70 Annual performance report.
(a) Section 405 of the Justice Assistance Act requires that the
state, or a local unit of government in the case of a non-participating
state, submit annually to the Bureau of Justice Assistance a performance
report (including an assessment of impact) concerning the activities
carried out under the grant. These performance reports will provide the
basis for the annual report from the Bureau to the President and the
Congress as required by section 810 of the Act.
(b) The performance report will describe the activities undertaken
and results achieved of each project funded.
[[Page 498]]
It will include the data gathered on the approved performance
indicators. The report is due to the Bureau by no later than December 31
and must cover projects for the prior Federal fiscal year that have
either been completed or been in operation for 12 months or more. The
first performance report shall be due to the Bureau by December 31,
1986.
(c) In order to help states and localities prepare these performance
reports, the Bureau will provide data collection forms and instructions
that will enable information to be gathered and reported in the most
convenient manner possible. These forms and instructions will be
developed in consultation with states and localities.
Sec. 33.71 Initial project report.
States are required to provide to the Bureau of Justice Assistance
within 30 days after the award of a subgrant, an initial project report
which provides information on the subgrant recipient (name, address,
contact person), the subgrant period, the type of award (new or
renewal), the subgrant funding level, and the general target area
(geographic area, population group) to be impacted. The Bureau of
Justice Assistance will provide a form to assist the states in reporting
this information.
Suspension of Funding
Sec. 33.80 Suspension of funding.
The Bureau of Justice Assistance shall, after reasonable notice and
opportunity for a hearing on the record, terminate or suspend funding
for a state that implements programs or projects which fail to conform
to the requirements or statutory objectives of the Act, or that fails to
comply substantially with the Justice Assistance Act, these regulations
or the terms and conditions of its grant award. Hearing and appeal
procedures are set forth in Department of Justice regulations 28 CFR
part 18.
Subpart B--Bulletproof Vest Partnership Grant Program Applying for the
Program
Source: 63 FR 50761, Sept. 23, 1998, unless otherwise noted.
Sec. 33.100 Definitions.
The Bureau of Justice Assistance (BJA) will use the following
definitions in providing guidance to your jurisdiction regarding the
purchase of armor vests under the Bulletproof Vest Partnership Grant Act
of 1998--
(a) The term program will refer to the activities administered by
BJA to implement the Bulletproof Vest Partnership Grant Act of 1998;
(b) The terms you and your will refer to a jurisdiction applying to
this program;
(c) The term armor vest under this program will mean a vest that has
met the performance standards established by the National Law
Enforcement and Corrections Technology Center of the National Institute
of Justice (NIJ) as published in NIJ Standard 0101.03, or any formal
revision of this standard;
(d) The term State will be used to mean each of the 50 States, as
well as the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands;
(e) The term unit of local government will mean a county,
municipality, town, township, village, parish, borough, or other unit of
general government below the State level;
(f) The term Indian tribe has the same meaning as in section 4(e) of
the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b(e)) which defines Indian tribe as meaning any Indian tribe, band,
nation, or other organized group or community, including any Alaska
Native village or regional or village corporation as defined in or
established pursuant to the Alaska Native Claims Settlement Act (85
Stat. 688) (43 U.S.C. 1601 et seq.);
[[Page 499]]
(g) The term law enforcement officer will mean any officer, agent,
or employee of a State, unit of local government, or Indian tribe
authorized by law or by a government agency to engage in or supervise
the prevention, detection, or investigation of any violation of criminal
law, or authorized by law to supervise sentenced criminal offenders; and
(h) The term mandatory wear policy will mean a policy formally
adopted by a jurisdiction that requires a law enforcement officer to
wear an armor vest throughout each duty shift whenever feasible.
Sec. 33.101 Standards and requirements.
This program has been developed to assist your jurisdiction with
selecting and obtaining high quality armor vests in the quickest and
easiest manner available. The program will assist your jurisdiction in
determining which type of armor vest will best suit your jurisdiction's
needs, and will ensure that each armor vest obtained through this
program meets the NIJ standard.
(a) Your jurisdiction will be provided with model numbers for armor
vests that meet the NIJ Standard in order to ensure your jurisdiction
receives the approved vests in the quickest manner;
(b) If you are a State or unit of local government, your
jurisdiction will be required to partner with the Federal government in
this program by paying at least 50 percent of the total cost for each
armor vest purchased under this program. These matching funds may not be
obtained from another Federal source;
(c) If you are an Indian tribe, your jurisdiction will be required
to partner with the Federal government in this program by paying at
least 50 percent of the total cost for each armor vest purchased under
this program. Total cost will include the cost of the armor vests,
taxes, shipping, and handling. You may use any funds appropriated by
Congress toward the performing of law enforcement functions on your
lands as matching funds for this program or any funds appropriated by
Congress for the activities of any agency of your tribal government;
(d) BJA will conduct outreach to ensure that at least half of all
funds available for armor vest purchases be given to units of local
government with fewer than 100,000 residents;
(e) Each State government is responsible for coordinating the needs
of law enforcement officers across agencies within its own jurisdiction
and making one application per fiscal year;
(f) Each unit of local government and Indian tribe is responsible
for coordinating the needs of law enforcement officers across agencies
within its own jurisdiction and making one application per fiscal year;
(g) Your individual jurisdiction may not receive more than 5 percent
of the total program funds in any fiscal year;
(h) The 50 States, the District of Columbia, and the Commonwealth of
Puerto Rico, together with their units of local government, each may not
receive less than one half percent and not more than 20 percent of the
total program funds during a fiscal year;
(i) The United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands, together with their units of local government,
each may not receive less than one fourth percent and not more than 20
percent of the total program funds during a fiscal year; and
(j) If your jurisdiction also is applying for a Local Law
Enforcement Block Grant (LLEBG), then you will be asked to certify:
(1) Whether LLEBG funds will be used to purchase vests; and, if not,
(2) Whether your jurisdiction considered using LLEBG funds to
purchase vests, but has concluded it will not use its LLEBG funds in
that manner.
Sec. 33.102 Preferences.
BJA may give preferential consideration, at its discretion, to an
application from a jurisdiction that--
(a) Has the greatest need for armor vests based on the percentage of
law enforcement officers who do not have access to an armor vest;
(b) Has, or will institute, a mandatory wear policy that requires
on-duty law enforcement officers to wear armor vests whenever feasible;
and
(c) Has a violent crime rate at or above the national average as
determined by the Federal Bureau of Investigation; or
[[Page 500]]
(d) Has not received a Local Law Enforcement Block Grant.
Sec. 33.103 How to apply.
BJA will issue Guidelines regarding the process to follow in
applying to the program for grants of armor vests.