To increase the capacity of State and local governments to support the development of more effective education, training, research, prevention, diversion, treatment, accountability based sanctions, and rehabilitation programs in the area of juvenile delinquency and programs to improve the juvenile justice

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system.

In fiscal year 2008, 55 out of 56 eligible States and territories participated in the Formula Grant Program. All participating States and territories are required to establish systems for monitoring jails, lockups and other facilities which may be used to detain or incarcerate juveniles. Substantial progress has been made in the removal of nonoffender juveniles from these institutions. All participating States must collect data and initiate activities to eliminate the disproportionate confinement of minority juveniles, where such conditions exist.

Uses and Use Restrictions

This program, established by the Juvenile Justice and Delinquency Prevention Act of 2002, allocates formula grant funds to States and territories on the basis of their relative population under age 18.

The minimum allocation to each State is $600,000 and to the Territories is $100,000.

States/Territories must demonstrate compliance with four core requirements of the JJDP act in order to receive their full allocation of Formula Grants funds.

The core requirements are: Section 223(a) (11) deinstitutionalization of status offenders; (12) separation of adults and juveniles in secure custody; (13) removal of juveniles from adult jails and lockups; and (22) the elimination of the disproportionate contact of minority juveniles, where such conditions exist.

The State's allocation will be reduced by 20 percent for each core requirement with which the State is in non-compliance.

Technical Assistance: Not in excess of two percent of the funds available each fiscal year to formula grants is available for grants and contracts with public and private agencies, organizations and individuals to provide assistance to States, units of general local governments, and combinations thereof, and local private agencies to facilitate compliance with Section 223 of the JJDP Act and implementation of the State Plan approved by OJJDP.

Technical assistance provided under this provision must be coordinated with the State agencies designated to implement the formula grants program.

To be eligible for formula grant funds, a State must submit electronically a comprehensive plan applicable to a 3-year period embodying the purposes of the Act and including provisions that: (1) provide for an advisory group appointed by the chief executive of the State to carry out specified functions and to participate in the development and review of the State's juvenile justice plan; (2) provide that juveniles who are charged with or who have committed offenses that would not be criminal if committed by an adult, or offenses which do not constitute violations of valid court orders or such non-offenders as dependent and neglected children, are removed from secure juvenile detention and secure correctional facilities; (3) provide that juveniles alleged to be or found to be delinquent and youths within the purview of the deinstitutionalization core requirement not be confined or detained 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; (4) provide that no juvenile shall be detained or confined in any jail or lockup for adults (with specified exceptions); and (5) provide for programs to eliminate the disproportionate contact of minority juveniles where such condition exists.

Once the plan is approved, each State determines the specific programs to be funded.

The States are responsible for processing applications for subgrants and administering funded projects.

Two-thirds of funds must be passed through to units of general local government, private nonprofit agencies, and Indian Tribes performing law enforcement functions unless a waiver is granted.

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Eligibility Requirements

Applicant Eligibility

The Chief Executive of each State which chooses to apply for a formula grant shall establish or designate a State agency as the sole agency for supervising the preparation and administration of the plan, in accordance with the Juvenile Justice and Delinquency (JJDP) Act of 2002.

Technical Assistance: Grants and contracts may only be made to agencies, organizations and individuals that have experience in providing technical assistance to State agencies in implementing State plans, and in facilitating compliance with Section 223 of the JJDP Act, Public Law 102-586.

Beneficiary Eligibility

Units of a State and its local government, public and private organizations, Indian tribes performing law enforcement functions, and agencies involved in juvenile delinquency prevention, treatment, and rehabilitation.

Credentials/Documentation

Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments.

Aplication and Award Process

Preapplication Coordination

The standard application forms as furnished by the Federal agency, in accordance with 28 CFR, Part 66 (Common Rule), must be used for this program.

An environmental impact assessment is necessary for this program to determine if an environmental impact statement is required.

This program is eligible for coverage under E.O.

12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review.

Application Procedures

Applicants must submit completed applications via the Office of Justice Programs, Grants Management System following established criteria. The receipt, review, and analysis of applications will follow Office of Justice Programs policies and procedures for the administration of grant applications.

Award Procedures

A letter with copies of the grant award and special conditions are sent to the applicant agency upon approval by the Office of Justice Programs. One copy of the grant award must be signed by the authorized official to the Office of Justice Programs.

Deadlines

Deadlines are included with the GMS instructions, appropriate Application Kits and Guideline Manuals, and other procedural guides.

Authorization

Juvenile Justice and Delinquency Prevention Act, Sections 221-223, 42 U.S.C. Sections 5631-5633.

Range of Approval/Disapproval Time

Formula Grants Plans will generally be approved within 30 to 45 days of receipt of a complete application. Technical Assistance: Approval/disapproval time is provided on three levels (immediate response, total system response, and specialized, developmental response) from one to two hours to ten days.

Appeals

Hearings held by OJJDP. Technical assistance: Federal Acquisition Regulations apply.

Renewals

Comprehensive Plan submission required every 3 years. Annual updates and applications required each of the other 2 years. Technical Assistance: Contracts are renewed throughout contract modifications and competition processes.

Assistance Considerations

Formula and Matching Requirements

Formula based on juvenile population. Grantees are required to provide dollar for dollar match on planning and administration funds. Action programs allow no match. At least 66 2/3 percent of the funds received by the State under Section 222(a) of the JJDP Act of 1974, must be "expended by" or "passed through to" programs of units of general local government, private nonprofit agencies, and Indian tribes performing law enforcement functions, insofar as they are consistent with the State Plan. This provision may be waived at the discretion of the OJJDP Administrator for any State depending upon the extent to which the services for delinquent or potentially delinquent youth are supported on a statewide basis.

Length and Time Phasing of Assistance

Fiscal year action funds may be carried forward for obligation for 2 years subsequent to the fiscal year of award. Under a Letter of Credit, drawdowns may be made. Technical Assistance: Three year incremental contract is funded.

Post Assistance Requirements

Reports

Financial, subgrant data and others are required by effective edition of the OJP Financial Guide on a monthly, quarterly, semi-annually, and/or annual basis, and additional reporting requirements listed in OJJDP Guideline Manuals and other procedural guides.

Audits

All organizations that expend financial assistance of $500,000 or more in any fiscal year must have a single audit for that year in accordance with OMB Circular No. A-133, as amended, unless the audit condition on the award says otherwise. These audits are due to the Office of the Comptroller and the Federal Audit Clearinghouse no later than thirteen (13) months after the close of each fiscal year during the term of the award (for fiscal years beginning on/after July 1, 1998, audit report packages are due nine (9) months after the close of the fiscal year).

Records

Grantee must keep complete records on disposition of funds.

Financial Information

Account Identification

15-0405-0-1-754.

Obigations

FY 07 $78,978,240; FY 08 $74,260,000; and FY 09 est. not available.

Range and Average of Financial Assistance

Allocation of formula grants to States and territories are based on of relative populations under 18.

Regulations, Guidelines, and Literature

Regulations for Formula Grants (28 CFR Part 31) and OJP Financial Guide applicable editions.

Information Contacts

Regional or Local Office

None.

Headquarters Office

Office of Juvenile Justice and Delinquency Prevention, Department of Justice, Washington, DC 20531. Contact: Gregory Thompson, Associate Administrator, State Relations and Assistance Division. Telephone: (202) 307-5924. Use the same number for FTS.

Criteria for Selecting Proposals

Criteria are established by the Juvenile Justice and Delinquency Prevention Act, as amended, and the regulations governing the Formula Grant Program provisions of the Juvenile Justice and Delinquency Prevention Act as published in the Federal Register.