Fillable OJJDP FY 2020 Title II Year 3 Eligibility (U.S. Department of Justice, Office of Justice Prograns)

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OJJDP FY 2020 Title II Year 3 Eligibility (U.S. Department of Justice, Office of Justice Prograns)

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OJJDP FY 2020 Title II
Year 3 Eligibility Assurances and Certifications
(Submit in GMS
under Category 1)
The purpose of this portion of the application is for your state to assure and provide certification
for its eligibility to participate in the Title II, Part B Formula Grants Program in year 3 (FY 2020).
Please refer to the JJDP Act, at 34 U.S.C. § 11133(a) which details the 33 requirements states
must address and/or provide documentation for.
In order to receive formula grants under Title II, Part B, of the JJDP Act (34 U.S.C. §§ 11131-
33), a state shall submit a plan for carrying out its purposes applicable to a 3-year period. Such
plan shall be amended annually to include new programs, projects, and activities. The state
shall submit annual performance reports to the Administrator, which shall describe progress in
implementing programs contained in the original plan, and shall describe how the state plan is
supported by or takes account of scientific knowledge regarding adolescent development and
behavior and regarding the effects of delinquency prevention programs and juvenile justice
interventions on adolescents. Not later than 60 days after the date on which a plan or amended
plan submitted under this subsection is finalized, a state shall make the plan or amended plan
publicly available by posting the plan or amended plan on the state’s publicly available website.
The state/or territory of _______________________________assures that its state plan
meets the following statutory state plan requirements for eligibility of the Title II, Part B Formula
Grants Program: 34 U.S.C. §§ 11133(a)(1), (2), (4), (5), (6), (8), (9), (10), (11), (12), (13), (14),
(15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (27), (28), and (32). The state
affirms that it is submitting the State Advisory Group (SAG) roster for § 11133(a)(3) as part of
Category 1.
The state affirms it will submit the required narratives as part of Category 2 to address the
following statutory state plan requirements for eligibility of the Title II, Part B Formula Grants
Program: 34 U.S.C. §§ 11133(a)(7), (29), (30), (31), and (33).
In addition to the assurance statement above, your state must respond and submit the following
to address the core requirements of the Formula Grants Program under the JJDP Act and the
implementing regulation.
1) Was your state determined to be in compliance with the deinstitutionalization of
status offenders (DSO) core requirement for the 10/1/17 – 9/30/18 reporting period, pursuant to
34 U.S.C. § 11133(a)(11)?
and
h
ere
Yes ___ No ____
If yes, please c
omplete the Compliance Plans and Resources Certification located
upload it to GMS.
If no, your state must submit a plan that includes the following below.
1
Pursuant to 28 C.F.R. § 31.303(c), the state must:
a. Describe its plan, procedure, and timetable covering the 3-year planning cycle for
as
suring that the DSO requirement will be met
.
b.
D
escribe the barriers the state faces in achieving compliance with the DSO requirement
.
T
his plan may include strategies for achieving and maintaining compliance, such as (1) a
description of any state or local laws or pending legislation that impact or may impact
compliance; (2) information on how the designated state agency and state advisory group
(SAG) will work together to address circumstances that have caused DSO violations to
occur; (3) any recent or pending changes that could impact the state's compliance (e.g.,
staffing changes); and (4) detailed goals, objectives, and activities to achieve full
compliance, including the title of the individual responsible for each activity and the date by
which it will occur. Goals, objectives, and activities should be designed to address the
circumstances in which DSO violations have occurred.
2) W
as your state determined to be in compliance with all of the requirements of the separati
on
o
f juveniles from adult inmates core requirement for the 10/1/17 – 9/30/18 reporting peri
od,
pur
suant to 34 U.S.C. § 11133(a)(12)
?
Yes
___ No ____
If yes, please complete the Compliance Plans and Resources Certification located here
and
upload it to GMS.
In addition, all states must complete the Training Certification located here, which assures
that there is a policy in place to address the training requirement for their staff who work with
both adult inmates and juveniles, including in collocated facilities.
If no, your state must submit a plan that includes the following below.
Pursuant to 28 C.F.R. § 31.303(d), a state must:
a. Describe its plan and procedure covering the 3-year planning cycle for assuring that the
s
eparation requirement is met
.
b.
D
escribe the barriers that may hinder the separation of the juveniles described abov
e
from adult inmates.
T
his plan may include strategies for achieving and maintaining compliance, such as (1) a
description of any state or local laws or pending legislation that impact or may impact
compliance; (2) information on how the designated state agency and SAG will work together
to address circumstances that have caused separation violations to occur; (3) any changes
that could impact the state's compliance (e.g., staffing changes); (4) detailed goals,
objectives, and activities to achieve full compliance, including the title of the individual
responsible for each activity and the date by which it will occur; and (5) an overall timetable
for achieving compliance. Goals, objectives, and activities should be designed to address
the circumstances in which separation violations have occurred.
2
In addition, your state must complete the Training Certification located here
, which assures
that there is a policy in place to address the training requirement for their staff who work with
both adult inmates and juveniles, including in collocated facilities.
3) W
as your state determined to be in compliance with the jail removal core requirement for t
he
10/1/17 – 9/30/18 reporting period, pursuant to 34 U.S.C. § 11133(a)(13)?
Ye
s ___ No ____
If yes, please complete the Compliance Plans and Resources Certification located here
and
upload it to GMS.
In addition, all states must complete the Training Certification located here, which assures
that there is a policy in place to address the training requirement for their staff who work with
both adult inmates and juveniles in collocated facilities.
If no, your state must submit a plan that includes the following below.
Pursuant to 28 C.F.R. § 31.303(e), the state must:
a.
D
escribe its plan, procedure, and timetable for assuring that the jail and lockup remov
al
r
equirement will be met
.
b. Describe the barriers that the state faces in meeting this requirement.
T
his plan may include strategies for achieving and maintaining compliance, such as (1) a
description of any state or local laws or pending legislation that impact or may impact
compliance; (2) information on how the designated state agency and SAG will work together
to address circumstances that have caused jail removal violations to occur; (3) any recent or
pending changes that could impact the state's compliance (e.g., staffing changes); and (4)
detailed goals, objectives, and activities to achieve full compliance, including the title of the
individual responsible for each activity and the date by which it will occur. Goals, objectives,
and activities should be designed to address the circumstances in which jail removal
violations have occurred.
In addition, your state must complete the Training Certification located here
, which assures
that there is a policy in place to address the training requirement for their staff who work with
both adult inmates and juveniles in collocated facilities.
4) Pursuant to the JJDP Act at 34 U.S.C. § 11133(a)(14), the state must provide for an effectiv
e
s
ystem of monitoring jails, lockups, detention facilities, and correctional facilities to ensure t
hat
the DSO, Separation, and Jail Removal requirements are met.
T
he state must provide a plan describing how its system for compliance monitoring meets each
of the following elements of an effective compliance monitoring system. If the state’s compliance
monitoring policies and procedures manual fully details each of these elements, the state may
provide a copy of this manual in lieu of separately describing each of the elements below.
3
(1) Policy and procedures. Pursuant to 28 C.F.R. § 31.303(f)(1)(i), the state must provide a
w
ritten plan and procedure for annually monitoring jails, lockups, detention facilities,
and
c
orrectional facilities. This plan must detail the state’s implementation of key monitoring syste
m
elements.
(2) M
onitoring authority. Pursuant to 34 U.S.C. § 11133(a)(2), the designated state agenc
y
m
ust document that it maintains requisite authority to carry out responsibilities imposed by t
he
For
mula Grants Program. This includes authority to inspect and collect data from facilities in t
he
m
onitoring univers
e.
(
3
) Vi
olation procedures. Pursuant to 28 C.F.R. § 31.303(f)(1)(iii), the state's monitorin
g
s
ystem must describe any procedures established for receiving, investigating, and reportin
g
al
leged violations of the DSO, Separation, and Jail Removal requirements. This descripti
on
s
hould include any legislative and administrative procedures and sanctions that exist
.
(4) D
efinition of terms. States might have different definitions for juvenile and criminal justic
e
terms than those in the JJDP Act and provided at 28 C.F.R. § 31.304. It is critical that any such
di
fferences are identified and fully documented. The state must indicate that where it
s
de
finitions differ from federal definitions in the monitoring process, the latter will be us
ed.
(5) Identification of the monitoring universe. All public and private facilities in the state that
m
ight detain juveniles and/or adult inmates pursuant to law enforcement or criminal or juvenil
e
c
ourt authority must be fully identified and included in the monitoring universe, pursuant to
28
C.F.R. § 31.303(f)(1)(i)(A).
(6) C
lassification of monitoring universe. Pursuant to 28 C.F.R. § 31.303(f)(1)(i)(B), the stat
e
m
ust classify facilities in the monitoring universe to determine facility type (e.g., secur
e
detention or correctional facility, adult jail, adult lockup, or other type of secure facility in which
j
uveniles may have sight or sound contact with adult inmates). This information is critical t
o
det
ermining the applicability of the DSO, Separation, and Jail Removal requirements in eac
h
facility. In addition, classification determines whether each facility is residential or nonresidential;
and w
hether the population is juveniles only, adults only, or juveniles and adults
.
(7) I
nspection of facilities. Pursuant to 28 C.F.R. § 31.303(f)(1)(i)(C), the state must inspec
t
facilities to confirm classification and to verify that they are maintaining adequate sight and
s
ound separation between detained juveniles and adult inmates. Such inspections must als
o
ve
rify that facilities maintain adequate data to demonstrate compliance with the DSO
,
Separation, and Jail Removal requirements.
(
8
) D
ata collection and verification. Pursuant to 28 C.F.R. § 31.303(f)(1)(i)(D), this is t
he
ac
tual collection and reporting of data to determine whether the facility is in compliance with t
he
applicable core requirements. If the data are self-reported by the facility or are collected and
r
eported by an agency other than the state agency designated pursuant to 34 U.S.C.
§
11133(
a)(1), the plan must provide a statistically-valid procedure used to verify the report
ed
data.
N
ote: The designated state agency implementing the Formula Grants Program is responsible
for the state’s compliance monitoring effort and the validity of the annual monitoring report; that
agency may contract with a public or private agency to perform the monitoring function. If
selecting another agency, the state must identify in its monitoring plan which agency it
has authorized and/or tasked to assist in the monitoring functions. This plan should
4
identify the funding amount and the name, address, and telephone number of the
contractor. In addition, the plan should include the procedures and activities the state
uses to monitor the contractual arrangement.
CERTIFICATION
I certify that all of the information presented is correct, there has been appropriate coordination
with affected agencies, and that the state will comply with the provisions of the Juvenile Justice
and Delinquency Prevention Act (the Act) and all other federal laws. I acknowledge that failure
to submit this completed form with all required compliance information to the OJJDP signed by
the appropriate certifying official, by February 14, 2020, will result in the state’s ineligibility for
FY 2020 formula grant funding.
I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or
omission of a material fact) in this certification, or in the application that it supports, may be the
subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or
34 U.S.C. § 10272), and also may subject me and the applicant to civil penalties and
administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730
and 3801-3812). I also acknowledge that OJP awards, including certifications provided in
connection with such awards, are subject to review by the Department, including by OJP and by
the Department’s Office of the Inspector General. I do hereby certify that if violation of any of
these assurances or of the Act provisions occurs, OJJDP will be promptly notified in writing.
Signature of Certifying Official (Designated State Agency Head or Management Official
Designee):_____________________________________________________________
Printed Name of Certifying Official:__________________________________________
Title of Certifying Official:__________________________________________________
Name of State/Jurisdiction:_________________________________________________
Name of Designated State Agency:___________________________________________
Date:___________________________________________________________________
5
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OJJDP FY 2020 Title II Year 3 Eligibility (U.S. Department of Justice, Office of Justice Prograns)

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Completed 26 January 2021

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