[Federal Register Volume 63, Number 161 (Thursday, August 20, 1998)]
[Notices]
[Pages 44637-44642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22414]
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DEPARTMENT OF JUSTICE
Office of Juvenile Justice and Delinquency Prevention
[OJP (OJJDP)-1186]
RIN 1121-ZB23
Program Announcement, ``Nonparticipating State Program,
Kentucky''
AGENCY: Office of Justice Programs, Office of Juvenile Justice and
Delinquency Prevention, Justice.
ACTION: Notice of issuance of competitive program announcement.
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SUMMARY: Notice is hereby given that the Office of Juvenile Justice and
Delinquency Prevention (OJJDP), pursuant to the provisions of Section
223(d) of the Juvenile Justice and Delinquency Prevention Act of 1974,
as amended, 42 U.S.C. 5601 et seq., (hereinafter the JJDP Act), is
issuing a program announcement and solicitation for applications from
local public and private nonprofit agencies serving the State of
Kentucky. Because of non-compliance with the core requirements of the
JJDP Act, the State is not eligible to receive its fiscal year 1994,
1995, and 1996 Formula Grants program allocations under Part B of Title
II of the JJDP Act. These funds total $2,477,000. Eligible applicants
for the Nonparticipating State Program are limited to local public and
private nonprofit agencies who propose innovative service delivery
programs designed to provide placement alternatives to secure
confinement placements that are not consistent with the core
requirements of the JJDP Act. Applicants must currently be operating in
the State and their proposed programs must directly impact the State of
Kentucky's ability to meet the core requirements of the JJDP Act. Such
agencies are eligible to receive assistance awards to be expended over
a two year period. Multiple assistance awards will be made to local
public and
[[Page 44638]]
nonprofit agencies in amounts ranging from $100,000 to $150,000 per
applicant from a total of $1,477,000 that is available from fiscal year
1994-1996 Formula Grant funds that have been reallocated for award
under the Nonparticipating State Program. A cooperative agreement of up
to $1,000,000 will also be awarded on a competitive basis to a private
nonprofit agency currently operating statewide in Kentucky. Of this
amount, $800,000 would be used to contract for local community-based
placement alternatives to adult jails and lockups with the remaining
$200,000 used to manage the local assistance awards and provide
technical assistance to and coordination among the multiple assistance
award recipients funded under the Nonparticipating State Grant Program.
DATES: Applications under this program are due October 19, 1998.
FOR FURTHER INFORMATION CONTACT: Gregory C. Thompson, State
Representative, State Relations and Assistance Division, Office of
Juvenile Justice and Delinquency Prevention, 810 7th Street, NW,
Washington, DC 20531, (202) 307-5921; e-mail: T[email protected]
SUPPLEMENTARY INFORMATION:
I. Introduction and Background
A. JJDP Act Statutory Requirement
Pursuant to Section 223(d) of the JJDP Act, if a State chooses not
to submit a Formula Grants Program plan, fails to submit a plan, or
submits a plan which does not meet the requirements of the JJDP Act,
the OJJDP Administrator shall endeavor to make the Formula Grants
Program fund allotment, under Section 222(a) of the JJDP Act, available
to local public and private nonprofit agencies within the State. The
funds must be used solely for the purpose(s) of achieving compliance
with the following JJDP Act core requirements:
1. Section 223(a)(12)(A), requires that juveniles who are charged
with or who have committed offenses that would not be criminal if
committed by an adult or offenses (Other than an offense that
constitutes a violation of a valid court order or a violation of
section 922(x) of Title 18 or a similar State law), which do not
constitute violations of valid court orders, or alien juveniles in
custody, or such nonoffenders as dependent or neglected children, shall
not be placed in secure detention facilities or secure correctional
facilities;
2. Section 223(a)(13), provides that juveniles alleged to be or
found to be delinquent and youths within the purview of section
223(a)(12)(A) above, shall not be detained or confined in any
institution in which they have contact with adult persons incarcerated
because they have been convicted of a crime or are awaiting trial on
criminal charges or with the part-time or full-time security staff
(including management) or direct-care staff of a (collocated) jail or
lockup for adults;
3. Section 223(a)(14) provides that no juvenile shall be detained
or confined in any jail or lockup for adults, except that the
Administrator shall promulgate regulations which make exceptions with
regard to the detention of juveniles accused of nonstatus offenses who
are awaiting an initial court appearance pursuant to an enforceable
State law requiring such appearances within twenty-four hours after
being taken into custody (excluding weekends and holidays) provided
that such exceptions are limited to areas that are in compliance with
section 223(a)(13); and
a. (1) are outside a Standard Metropolitan Statistical Area; and
(2) have no existing acceptable alternative placement available;
b. are located where conditions of distance to be traveled or the
lack of highway, road, or other ground transportation do not allow for
court appearances within 24 hours, so that a brief (not to exceed 48
hours) delay is excusable; or
c. are located where conditions of safety exist (such as severely
adverse, life-threatening weather conditions that do not allow for
reasonably safe travel), in which case the time for an appearance may
be delayed until 24 hours after the time that such conditions allow for
reasonably safe travel.
For further information and explanation of regulatory exceptions,
to the provisions of Section 223(a)(12)(A), (13) and (14), see the
OJJDP Consolidated Regulation (28 CFR Part 31), 31.303 (c-d)
substantive requirements. Copies of the Consolidated Regulation may be
obtained by contacting the Office of Juvenile Justice and Delinquency
Prevention at (202) 307-5921.
B. History
Kentucky has begun the process of working toward compliance with
the core requirements of the JJDP Act. While these steps are
encouraging and OJJDP will continue to work with the State agency with
the goal of Kentucky rejoining the OJJDP Formula Grants program, based
on monitoring data submitted by Kentucky demonstrating failure to
achieve compliance with the core requirements of the JJDP Act, the
State has not qualified for award of its Formula Grants program
allocation since fiscal year 1990. Of particular concern is Kentucky's
chronically high number of Section 223(a)(14) jail and lockup removal
violations. The maximum allowable (de minimis) violation rate is 9 per
100,000 of the juvenile population while Kentucky's rate has ranged
from 409.32 to 565.48 per 100,000 over the past six years. This
violation rate, coupled with Kentucky's failure to pass legislation
incorporating the core requirements of the JJDP Act into State law, or
in absence of passing a State law, promulgating enforceable
administrative rules/executive orders that are consistent with the JJDP
Act core requirements and will bring the State into compliance,
continues to prevent Kentucky from qualifying for its Formula Grants
award.
C. Problems to be Addressed
Kentucky has not been able to successfully address the core
requirements of the JJDP Act due to State laws that sanction
violations, lack of local policies, lack of coordination in use of
resources, and a limited number of alternative resources available to
communities. Local jurisdictions, in turn, are using secure facilities
to detain or confine juveniles in a manner inconsistent with sections
223(a)(12)(A), (13) and (14) for a number of reasons:
1. A lack of coordination and cooperation among juvenile justice
system agencies including schools, law enforcement, prosecution, the
judiciary, jails, corrections, public and private service providers,
and local public interest groups, which contributes to placement of
juveniles in jails and lockups that violate the sections 223(a)(12)(A),
(13), and (14) of the JJDP Act;
2. A lack of public awareness and policies regarding the issues of
juveniles in secure confinement consistent with section 223(a)(13) and
(14), and the secure confinement of status offenders and nonoffenders
in violation of section 223(a)(12)(A) of the JJDP Act;
3. The lack of a flexible network of services and programs that is
responsive to local jurisdiction's needs and capabilities. This network
should focus upon jurisdictions with the most difficult barriers to
meeting the core requirements of the JJDP Act; and
4. The lack of alternative services which can be sustained over
time with local resources including, but not limited to:
a. availability of appropriate secure juvenile facilities for the
detention of juvenile criminal-type offenders;
b. intensive supervision in a child's home as a placement
alternative and use
[[Page 44639]]
of home detention, including electronic monitoring;
c. emergency foster care, shelter care, group care, and independent
living arrangements; and
d. crisis intervention services, short-term residential crisis
intervention programs, and non-secure holdovers that can be used for
conflict mediation, emergency holding, and provision of emergency
attention for youth with physical or emotional problems.
II. Program Goals and Objectives
In accordance with section 223(d) of the JJDP Act, the goal of the
Nonparticipating State Program is to assist Kentucky in developing a
range of secure and nonsecure alternatives and revising associated
policies to move the State toward measurable compliance with section
223(a)(12)(A), the deinstitutionalization of status offenders and
nonoffenders, section 223(a)(13), the separation of juveniles from
adults in adult jails and lockups, and section 223(a)(14), the removal
of juveniles from adult jails and lockups. To achieve these goals, and
thus ensure a fair and effective system for juvenile custody,
applicants must provide each of the following:
A. A succinct statement describing their understanding of the goals
and objectives of the program.
B. A problem statement to include a discussion of the applicant's
understanding of:
1. State laws impacting the placement of juveniles in adult jails
and lockups and status offenders and non-offenders in secure detention
or correctional facilities, and the issues surrounding the removal of
such juveniles from the facilities;
2. What the monitoring data indicates about the targeted
jurisdiction's compliance in relation to the measurable core
requirements of the JJDP Act where the applicant is proposing to
develop alternative placements to adult jails and lockups;
3. State legislative, judicial and executive branch activities
related to supervision and protection of status offenders and non-
offenders and jail removal;
4. How the applicant plans to impact, in measurable terms, the goal
of meeting the core requirements of the JJDP Act, in Kentucky, by
providing community-based alternative placements to adult jails and
lockups; and
5. How, in order to coordinate efforts and enhance the project's
impact on the State's efforts to meet the JJDP Act core requirements,
the local or statewide applicant has the ability to establish and
maintain a working relationship with the following:
The selected statewide nonparticipating State grantee (local applicants
only);
The Kentucky State Advisory Group (SAG); and,
The Kentucky Department of Juvenile Justice.
C. Program Strategy
OJJDP anticipates funding multiple public and private nonprofit
local applicants to implement the program in Kentucky and a nonprofit
organization operating statewide to contract for community-based
placement alternatives to adult jails and lockups and provide technical
assistance to, and coordination among, the multiple service providers
involved in the Nonparticipating State Program.
Applicants should describe the proposed approach and timeline for
achieving program goals and objectives. For applicants proposing to
provide community-based alternatives to detention and confinement in
adult jails and lockups, the timeline needs to address the development
of policies and procedures, a training plan for project employees, a
plan for the provision of program services, and public awareness
efforts about the core requirements of the JJDP Act. A discussion of
how the goals and objectives of the program will be accomplished and a
description of the products to be prepared, and other anticipated
outcomes should also be included. A plan for assessing the
effectiveness of the overall program must be described.
All applicants shall establish a working relationship with the
Kentucky SAG and the Kentucky Department of Juvenile Justice (DJJ).
Each local applicant is expected to use monitoring data specific to
their targeted jurisdiction in their assessment of the proposed
project's impact on advancing the State efforts to meet the JJDP Act
core requirements. Additionally, the applicant is expected to provide
an assessment of detention and incarceration legislation, policies,
procedures and practices impacting the jurisdiction that is the target
of the proposed program.
The strategy developed by the statewide applicant who proposes to
contract for community-based placement alternatives to adult jails and
lockups and to provide technical assistance to and coordinate among the
multiple service providers involved in the Nonparticipating State Grant
Program must describe in detail how the applicant will:
1. Provide technical assistance to the multiple local recipients
and those that are providing community-based placement alternatives to
adult jails and lockups on program implementation and evaluation;
2. Establish an ongoing working relationship with the Kentucky SAG
and the Kentucky DJJ in order to maximize the impact of the projects on
the State's efforts to meet the JJDP Act core requirements; and
3. Provide coordination among other recipients participating in the
Nonparticipating State Grant Program to ensure that the individuals and
collective efforts are enhancing the State's ability to meet the core
requirements of the JJDP Act.
4. Undertake a public information effort to inform public officials
and citizens about the core requirements of the JJDP Act and best
practices in juvenile justice and delinquency prevention programming.
D. Program Implementation Plan
Applicants should prepare a plan that outlines the major activities
involved in implementing the program and describe how they will
allocate available resources to implement the program and how the
program will be managed.
E. Organizational Capability
Applicants must demonstrate that they are eligible to compete for
an award on the basis of eligibility criteria established in this
solicitation.
1. Organizational Experience
Applicants must concisely describe their experience with respect to
the eligibility criteria described in Section IV. Applicants must
demonstrate how their experience and capabilities will enable them to
achieve the goals and objectives of this initiative.
2. Capability of Working With Other Organizations in the State
Applicants must demonstrate that they have discussed this program
with local and State elected public officials or their staffs, the
Kentucky DJJ, key decision makers in the juvenile justice system such
as juvenile court judges, associations of those involved in juvenile
justice, the boards of public and private youth service providers, the
Kentucky Jailers Association, the Kentucky SAG, and other groups whose
cooperation or participation is essential to the success of the
program. The applicant must certify that it is able to obtain the
aforementioned cooperation or participation.
3. Financial Capability
In addition to the assurances provided in Part V, Assurances (OJP
Form 4000/
[[Page 44640]]
3), OJP procedures require private nonprofit applicants to demonstrate
that their organization has or can establish fiscal controls and
accounting procedures which assure that Federal funds available under
this announcement are disbursed and accounted for properly.
When the applicant is a non-governmental entity and if there has
been no recent history with the Office of Justice Programs (OJP), a
financial capability questionnaire will be provided to the applicant.
This questionnaire must be completed by an independent auditor and
submitted to the awarding agency before the award is made. Copies of
the form (Accounting System and Financial Capability Questionnaire--OJP
Form 7120/1) will be provided in the application kit and must be
prepared and submitted along with the application.
III. Dollar Amount and Duration
A. The project period for this program is two years from the date
of award. Local recipients will be eligible for awards ranging from
$100,000 to $150,000, for a total of up to $1,477,000, and the
statewide grantee will be eligible for an award of up to $1,000,000, of
which $800,000 will be used to contract for community-based placement
alternatives to adult jails and lockups and $200,000 will be used for
managing the contracts and for providing technical assistance to and
coordination among the multiple service providers involved in the
Nonparticipating State Grant Program. Funds will be made available
through cooperative agreements. Financial assistance provided under
this program requires no matching contribution in accordance with Part
C of Title II of the JJDP Act, except as provided under C, below.
B. OJJDP anticipates that 10 to 15 local applicants will be
selected for cooperative agreements to provide community-based
placement alternatives to adult jails and lockups and one applicant
will be selected to award and manage contracts statewide to establish
community-based placement alternatives to adult jails and lockups and
provide technical assistance to and statewide coordination among the
multiple service providers involved in the Nonparticipating State
Program pursuant to the selection criteria established in this
announcement.
C. No more than one-fourth of the funds received by a public or
private organization may be used for construction or renovation
purposes. Use of funds for construction is limited to innovative,
community-based facilities for fewer than 20 persons and must be
approved in advance by OJJDP. All construction funds must be matched
dollar-for-dollar, in cash, by the local organization.
IV. Eligibility Criteria
Applications are invited from local public and private nonprofit
agencies and from nonprofit agencies operating statewide, within the
State of Kentucky, that agree to operate their programs and services,
whether or not supported with Federal grant funds, in a manner
consistent with the JJDP Act core requirements and can demonstrate
knowledge and experience in developing and/or implementing programs and
projects statewide or at the local level. Applicants that have
previously received Nonparticipating State grant funds are also
eligible to compete for these funds. To be eligible for consideration,
an applicant must address the following:
A. An understanding of the intent of the statutory requirements of
the JJDP Act and the general approaches for implementing the
requirements at the local level;
B. Knowledge of, and experience with, juvenile justice systems,
local jails, lockups, and secure juvenile detention facilities, the
specific problems, strategies, and program alternatives necessary to
achieve the objectives of this program, ability to use monitoring data
specific to the targeted jurisdiction to indicate the project's impact
on JJDP Act compliance, and the ability to provide community-based
alternative placements to adult jails and lockups;
C. Capability to develop management and fiscal systems necessary
for the proper administration of Federal funds;
D. Capability to fulfill the activities and responsibilities
identified in the Program Strategy section of this announcement;
E. Capability to work effectively with local and State elected
public officials, Kentucky Department of Juvenile Justice officials,
key decision makers in the juvenile justice system, the boards of
public and private youth service providers, the Kentucky Jailers
Association, and the Kentucky State Advisory Group which exist within
the State for the purpose of achieving the objectives of this program;
F. Capability to analyze project impact in light of monitoring data
specific to the target jurisdiction;
G. Provide an explanation of how all their agency programs and
services will operate in a manner consistent with the core requirements
of the JJDP Act;
H. Provide a discussion of the status of the jurisdiction to be
impacted (city, county, State) with regard to deinstitutionalization of
status and nonoffenders, separating juveniles and adults by sight and
sound in secure placement, and removing juveniles from adult jails and
lockups in accordance with the JJDP Act using identified data sources
specifying the time period studied; and
I. Capability to develop, submit for approval, and utilize approved
policies and procedures for the implementation of community-based
services and placement options programs, a timeline for development of
the policies and procedures, a training plan for project employees, a
timetable for the provision of program services, and a strategy to
educate the public about the program and solicit State and local
support for the core requirements of the JJDP Act.
The applicant must describe how the provision of the proposed
services will directly impact, in measurable terms, the State's ability
to meet the measurable core requirements of the JJDP Act.
V. Program Application Requirements
Only applicants who agree to operate in a manner consistent with
the core requirements of the JJDP Act and that provide an assurance
that they will work toward the goal of bringing the State into
compliance with the core requirements of the JJDP Act will be eligible
for an award. All applicants must submit a completed Standard Form 424,
Application for Federal Assistance; Standard Form 424A, Budget
Information; OJP Form 4000/3, Program Narrative and Assurances; and OJP
Form 4061/6, Certifications. All applications must include the
information required by this specific solicitation and the Standard
Form 424. The narrative must not exceed 35 pages in length (excluding
forms, assurances, and appendixes) and must be submitted on 8\1/2\ by
11-inch paper, double spaced on one side of the paper in a standard 12-
point font. This is necessary to maintain fair and uniform standards
among all applicants. If the narrative does not conform to these
standards, OJJDP will deem the application ineligible for
consideration.
The SF-424 must appear as a cover sheet for the entire application.
The project summary should follow the SF-424. All other forms must then
follow. Applicants must sign: OJP forms 4000/3 and 4061/6,
Certifications Regarding Lobbying; Debarment, Suspension and other
Responsibility Matters; and Drug-Free Workplace Requirements. The
applicant's signature on this form
[[Page 44641]]
provides for compliance with certification requirements under 28 CFR
Part 69, ``New Restrictions on Lobbying'' and 28 CFR Part 67,
``Government-wide Debarment and Suspension (Nonprocurement) and
Government-wide Requirements for Drug-Free Workplace (Grants).'' The
certifications shall be treated as a material representation of fact
upon which reliance will be placed when the Department of Justice
determines to award the covered transaction, grant, or cooperative
agreement. Applicants are requested to submit the original signed
application (SF-424) and two copies to OJJDP.
Applicants that are receiving other funds in support of the
proposed activity should identify other organizations that will provide
financial assistance to the program and indicate the amount of funds to
be contributed during the program period. Provide the title of the
project, name of the public and private grantor, and amount to be
contributed during the program period. Give a brief description of the
program. In addition to the above requirements, the following
information should be included in the application.
If this program is closely related to a project supported by
another agency, the following information must be provided:
A. A list of the names of any organizational units that will assist
in any part of this other particular program activity.
B. The title of the other project, the name of the public or
private grantor, and the amounts requested or to be contributed during
this program/budget period.
C. A brief description of the program.
Applications and copies must be sent to the following address:
Gregory C. Thompson, State Representative, Office of Juvenile Justice
and Delinquency Prevention, SRAD, 810 7th Street, NW, 8th Floor,
Washington, D.C. 20531.
OJJDP will notify applicants in writing that their applications
have been received. Subsequently, applicants will be notified by letter
as to the decision made regarding whether or not their submission has
been selected for funding.
When submitting joint applications with more than one organization,
the relationships among the parties must be set forth in the
application. As a general rule, organizations that describe their
working relationship as primarily cooperative or collaborative when
developing products and delivering services will be considered co-
applicants. In the event of a co-applicant submission, one co-applicant
must be designated the payee and, as such, will receive and disburse
project funds and be responsible for the supervision and coordination
of the activities of the other co-applicant. Under this arrangement,
each organization would agree to be jointly and separately responsible
for all project funds and services. Each co-applicant must sign the SF-
424 and indicate their acceptance of the conditions of joint and
separate responsibility with the other co-applicant.
All procurement transactions, whether negotiated or competitively
bid and without regard to dollar value, shall be conducted in a manner
so as to provide maximum open and free competition. All sole source
procurement in excess of $100,000 must receive prior approval of the
awarding agency.
VI. Procedures and Criteria for Selection
All applicants will be evaluated and rated by an OJJDP staff panel
according to general selection criteria below. Selection criteria
determine each applicant's responsiveness to minimum program
application requirements, organizational capability, thoroughness, and
innovativeness in responding to strategic issues related to project
implementation. OJJDP staff reviewers will use the following criteria
to rate applications.
A. Statement of the Problem. (20 Points) The applicant includes a
clear, concise statement of the problem addressed in this program.
B. Definition of Objectives. (20 Points) The goals and objectives
are clearly defined and the objectives are clear, measurable, and
attainable.
C. Project Design. (20 points) The project design is sound and
constitutes an effective approach to meeting the goals and objectives
of this program and impacting the State's efforts to meet the core
requirements of the JJDP Act. The design provides a detailed
implementation plan with a timeline that indicates significant
milestones in the project, due dates for products, and the nature of
the products to be submitted. The design contains program elements
directly linked to the achievement of the project.
D. Management Structure. (15 points) The project's management
structure and staffing is adequate to successfully implement and
complete the project. The management structure for the project is
consistent with the project goals and tasks described in the
application. Application explains how the management structure and
staffing assignments are consistent with the needs of the program.
E. Organizational Structure. (15 points) The applicant
organization's potential to conduct the project successfully must be
documented. Applicant demonstrates knowledge of and experience in the
juvenile justice field, particularly in the area of study the project
addresses. Applicant demonstrates that staff members have sufficient
substantive expertise and technical experience. The applications will
be judged on the appropriateness of the position descriptions, required
qualifications, and staff selection criteria.
F. Reasonable of Costs. (10 points) Budgeted costs are reasonable,
allowable, and cost effective for the activities proposed, and are
directly related to the achievement of the program objectives. All
costs are justified in a budget narrative that explains how costs are
determined.
OJJDP staff review recommendations are advisory only and the final
award decision will be made by the Administrator. OJJDP will negotiate
specific terms of the award with the selected applicants.
VII. Audit Requirements
State and local governments, nonprofit organizations, and
institutions of higher education are governed by OMB Circular A-133, as
amended. Whether an audit is required under this circular is dependent
upon the amount of Federal funds that are expended during the
recipient's fiscal year. If the organization expends $300,000 or more
per year in Federal funds, the organization shall have a single audit
conducted in accordance with the OMB Circular A-133.
VIII. State Single Point of Contact
To comply with Executive Order 12372, applicants from State and
local units of government or other organizations providing services
within a State must submit a copy of their application to the State
Single Point of Contact, if one exists, and if the program has been
selected for review by the State.
IX. Civil Rights Compliance
A. All recipients of OJJDP assistance including any contractors,
must comply with the nondiscrimination requirements of the Juvenile
Justice and Delinquency Prevention Act of 1974, as amended; Title VI of
the Civil Rights Act of 1964; section 504 of the Rehabilitative Act of
1973 as amended; Title IX of the Education Amendments of 1972; the Age
Discrimination Act of
[[Page 44642]]
1975; and the Department of Justice Nondiscrimination Regulations (28
CFR part 42, subparts C, D, E, and G).
B. In the event a Federal or State court or administrative agency
makes a finding of discrimination, after a due process hearing, on the
grounds of race, color, religion, national origin or sex against a
recipient of funds, the recipient will forward a copy of the finding to
the Office for Civil Rights (OCR) of the Office of Justice Programs.
C. Applicants shall maintain and submit to OJJDP upon request,
timely, complete, and accurate data establishing the fact that no
person or persons will be or have been denied or prohibited from
participation in, benefits of, or denied or prohibited from obtaining
employment in connection with any program activity funded in whole or
in part with funds made available under this program because of their
race, national origin, sex, religion, handicap or age. In the case of
any program under which the primary recipient of Federal funds extends
financial assistance to any other recipient or contracts with any other
person(s) or group(s) shall also submit such compliance reports to the
primary recipient as may be necessary to enable the primary recipient
to assure its civil rights compliance obligations under a grant award.
X. Immigration and Naturalization Service Requirements
Organizations funded under the Kentucky Nonparticipating State
Program must agree to complete and keep on file, as appropriate, the
Immigration and Naturalization Service Employment Eligibility Form (I-
9). This form is to be used by the recipient of Federal funds to verify
that persons employed by the recipient are eligible to work in the
United States.
XI. Submission Requirements
This program announcement is a request for proposals from local
public and private nonprofit agencies in the State of Kentucky. The
applications and necessary forms will be provided upon request.
Applicants must submit an original signed application and two copies to
OJJDP.
Applications must be received by mail or hand delivered to the
OJJDP by 5:00 p.m. EST October 19, 1998. Those applications sent by
mail should be addressed to: Thomas Bell, SRAD/OJJDP, United States
Department of Justice, 810 7th Street, NW, 8th Floor, Washington, DC
20531. Hand delivered applications must be taken to the SRAD, 8th
Floor, 810 7th Street, NW, Washington, DC between the hours of 8:00
a.m. and 5:00 p.m. except Saturdays, Sundays or Federal holidays.
Shay Bilchik,
Administrator, Office of Juvenile Justice and Delinquency Prevention.
Appendix--Definitions of Terms
1. Adult jail. A locked facility administered, by State, county,
or local law enforcement and public or private correctional
agencies. The purpose of such facility is to detain adults charged
with violating criminal law pending trial. Facilities used to hold
convicted adult criminal offenders, usually sentenced for less than
one year, are also considered adult jails.
2. Adult lockup. Similar to an adult jail except that an adult
lockup is generally a municipal or police facility of a temporary
nature which does not hold persons after they have been formally
charged.
3. Criminal-type offender. A juvenile offender who has been
adjudicated for conduct which would, under the law of the
jurisdiction in which the offense was committed, be a crime if
committed by an adult (i.e. a criminal-type offense).
4. Accused juvenile offender. A juvenile on whom a petition has
been filed in the juvenile court or other action has occurred
alleging that such juvenile is a juvenile offender, (i.e., a
criminal-type offender or a status offender), but no final
adjudication has been made by the juvenile court.
5. Adjudicated juvenile offender. A juvenile who the juvenile
court has determined through an adjudicative procedure is a juvenile
offender, (i.e., a criminal-type offender or a status offender).
6. Facility. A place, an institution, a building or part
thereof, a set of buildings or an area, whether or not enclosing a
building or set of buildings, that is used for the lawful custody
and treatment of juveniles and that may be owned and/or operated by
public and private agencies.
7. Juvenile offender. An individual within a juvenile court's
jurisdiction for purposes of adjudication and treatment based on age
and offense limitations as defined by State law (i.e., a criminal-
type offender or a status offender).
8. Lawful custody. The exercise of care, supervision and control
over a juvenile offender or non-offender pursuant to the provisions
of the law, a judicial order or decree.
9. Local private nonprofit agency. A nonprofit organization that
provides services within an identifiable unit(s) or a combination of
units of general local government, but which is not under public
supervision or control. A nonprofit organization means an
organization described in section 501(c)(3) of the Internal Revenue
Code of 1986 that is exempt from taxation under section 501(a) of
the Internal Revenue Code of 1986.
10. Local public agency. Any unit of local government,
combination of such units, or any department, agency, or
instrumentality of any such unit or combination of such units.
11. Non-offender. A juvenile who is subject to the jurisdiction
of the juvenile court--usually under abuse, dependency, or neglect
statutes--for reasons other than legally prohibited conduct of the
juvenile.
12. Nonparticipating State. A State which chooses not to submit
a plan, fails to submit a plan, or submits a plan which does not
meet the requirements of section 223 of the JJDP Act and thus is not
participating in the Formula Grants Program authorized by Part B of
Title II of the JJDP Act for a particular fiscal year; or a State
found ineligible to receive program funds because of failure to
achieve or maintain substantial compliance with the JJDP Act, its
implementing regulation (28 CFR Part 23), or a plan or application
submitted pursuant to Part B of Title II of the JJDP Act.
13. Secure. As used to define a detention or correctional
facility this term describes residential facilities which include
construction fixtures designed to physically restrict the movements
and activities of persons in custody such as locked rooms and
buildings, fences, or other physical structures. It does not include
facilities where physical restriction of movement or activity is
provided solely through facility staff.
14. Status offender. A juvenile offender who has been charged
with or adjudicated for conduct which would not, under the law of
the jurisdiction in which the offense was committed, be a crime if
committed by an adult.
15. Valid Court Order. The term means a court order given by a
juvenile court judge to a juvenile who was brought before the court
and made subject to a court order; who received, before the issuance
of such order, the full due process rights guaranteed to such
juvenile by the Constitution of the United States; and with respect
to whom an appropriate public agency, before the issuance of such
order--
(i) reviewed the behavior of such juvenile and the circumstances
under which such juvenile was brought before the court and made
subject to such order;
(ii) determined the reasons for the behavior that caused such
juvenile to be brought before the court and made subject to such
order; and
(iii) determined that all dispositions (including treatment),
other than placement in a secure detention facility or a secure
correctional facility, have been exhausted or are clearly
inappropriate.
The requirements for using the valid court order exception can
be found in the Formula Grants Regulation, 28 CFR Part 31, at
Sec. 31.303(f).
[FR Doc. 98-22414 Filed 8-19-98; 8:45 am]
BILLING CODE 4410-18-P