[Federal Register Volume 63, Number 161 (Thursday, August 20, 1998)]
[Notices]
[Pages 44648-44653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22416]


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DEPARTMENT OF JUSTICE

Office of Juvenile Justice and Delinquency Prevention
[OJP (OJJDP)-1188]
RIN 1121-ZB25


Program Announcement, ``Nonparticipating State Program, South 
Dakota''

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 
nonprofit agencies operating statewide in the State of South Dakota. 
Because of non-compliance with the core requirements of the JJDP Act, 
the State is not eligible to receive its fiscal year (FY) 1997 and 1998 
Formula Grants program allocations under Part B of Title II of the JJDP 
Act, which total $1,200,000. Eligible applicants for the 
Nonparticipating State Program are limited to private nonprofit 
agencies operating statewide who propose innovative service delivery 
programs designed to provide placement alternatives to existing 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 
South Dakota's ability to meet the core requirements of the JJDP Act. 
The successful applicant will enter into a cooperative agreement with 
OJJDP to be expended over a two year period. Of the total amount 
available, $960,000 will be utilized by the applicant to contract with 
local public or private nonprofit agencies for local community-based 
placement alternatives to adult jails and lockups for both delinquent 
and status offender populations, with the remaining $240,000 retained 
by the applicant to manage the contracts and provide technical 
assistance to and coordination among the local contractors funded under 
the Nonparticipating State Grant Program.

DATES: Applications under this program are due October 19, 1998.

FOR FURTHER INFORMATION CONTACT: 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) 307-5924. 
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 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), 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 those 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), above; and
    a. (1) are outside a Standard Metropolitan Statistical Area; and
    (2) have no existing acceptable alternative placement available; or
    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) 307-5924.

B. History

    The State of South Dakota submitted compliance monitoring data to 
OJJDP, in the 1996 Compliance Monitoring Report, which demonstrated a 
failure to achieve compliance with sections 223(a)(12)(A), (13), and 
(14) of the JJDP Act. This resulted in South Dakota's failure to 
qualify for award of its FY 1997 and FY 1998 Formula Grants Program 
allocations. The monitoring data reflected:
    1. South Dakota is not in compliance with the 
deinstitutionalization of status offenders requirement of section 
223(a)(12)(A) of the JJDP Act. South Dakota's 150 reported incidents of 
noncompliance resulted in a rate of 37.69 per 100,000 juvenile 
population. To establish full compliance with de minimis exceptions to 
section 223(a)(12)(A) of the JJDP Act, the rate cannot exceed 29.4 per 
100,000 juvenile population.
    2. South Dakota is not in compliance with section 223(a)(13) of the 
JJDP Act. The 1996 Compliance Monitoring Report reflected 65 violations 
of the sight and sound separation provision of the JJDP Act. Full 
compliance requires

[[Page 44649]]

either: (1) no violations, or (2) that the instances of noncompliance 
are in violation of State law or policy, do not constitute a pattern or 
practice, are unlikely to recur, and the State has developed an 
acceptable plan to eliminate noncompliant incidents. South Dakota did 
not meet the eligibility criteria specified above.
    3. South Dakota is not in compliance with the jail and lockup 
removal requirement of section 223(a)(14) of the JJDP Act. South Dakota 
reported 262 violations, resulting in a noncompliance rate of 131.68 
juveniles per 100,000 population. The maximum de minimis rate is no 
more than 9 per 100,000 juvenile population.
    The State's noncompliance incidents can be directly attributed to 
the passage of South Dakota State law 26-7(a)26, which took effect July 
1, 1996. This law permits apparent, alleged, or adjudicated Children In 
Need of Services (CHINS) between the ages of fourteen and seventeen 
years to be held in an adult jail or lockup for up to seven days and 
defines separation from adult prisoners in terms of physical separation 
only. The South Dakota legislature also passed SB41 during the 1998 
legislative session. This new law permits the commitment of adjudicated 
CHINS offenders to the Department of Corrections secure training 
centers. This legislation, scheduled to take effect July 1, 1998, can 
be expected to move South Dakota further out of compliance with the 
JJDP Act core requirements.

C. Problems To Be Addressed

    South Dakota has not been able to successfully address the core 
requirements of the JJDP Act due to State laws that sanction 
violations, a lack of local policies that promote the coordination of 
available resources, and a limited number of alternative resources 
available to communities. Local jurisdictions, therefore, are using 
secure facilities to detain or confine juveniles in a manner 
inconsistent with sections 223(a)(12)(13), and (14) for a number of 
reasons:
    1. The lack of policies regarding the issues of juveniles in secure 
confinement consistent with section 223(a)(13) and (14), and the secure 
confinement of status offender juveniles in violation of section 
223(a)(12)(A) of the JJDP Act;
    2. The 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 section 223(a)(12)(A), 
(13), and (14) 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 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 this 
program is to assist South Dakota in developing a range of secure and 
nonsecure alternatives and revising associated policies to move the 
State toward 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 requirements. 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 an 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 multiple 
jurisdictions' compliance in relation to the measurable core 
requirements of the JJDP Act where the applicant is proposing to 
contract for the development of 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 South Dakota, by 
providing community-based alternative placements to adult jails and 
lockups; and
    5. The applicant's ability to establish and maintain a working 
relationship with the South Dakota State Advisory Group (SAG), and the 
South Dakota Department of Corrections in order to enhance the 
project's impact on the effort within the State to meet the JJDP Act 
core requirements.

C. Program Strategy

    OJJDP anticipates entering into a cooperative agreement with an 
applicant to contract for community-based placement alternatives to 
adult jails and lockups and provide technical assistance to, and 
coordination among, multiple service providers involved in the 
Nonparticipating State Program.
    Applicants should describe the proposed approach and timeline for 
achieving program goals and objectives. 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 on the core requirements of the JJDP Act. A 
discussion of how the goals and objectives of the program will be 
accomplished, 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.
    The selected recipient will be expected to establish and/or 
maintain a working relationship with the South Dakota SAG and the South 
Dakota Department of Corrections. In order to have the greatest impact 
on advancing the effort within the State to meet the JJDP Act core 
requirements, the recipient will be expected to use the most recent 
monitoring data available in making site selections for the 
establishment of community-based alternatives to adult jails and 
lockups.
    The applicant must describe in detail how the proposed strategy 
will:
    1. Provide technical assistance to the contractors providing 
community-based placement alternatives to adult jails and lockups on 
program implementation and evaluation;

[[Page 44650]]

    2. Provide coordination among contractors participating in the 
Nonparticipating State Grant program to ensure that the individual and 
collective efforts are enhancing the State's ability to meet the core 
requirements of the JJDP Act;
    3. 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.
    4. Establish or maintain an ongoing working relationship with the 
South Dakota SAG and South Dakota Department of Corrections.

D. Program Implementation Plan

    Applicants should prepare a plan, including timelines and 
milestones, 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 
South Dakota Department of Corrections, 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 South Dakota SAG, and other groups whose 
cooperation or participation is essential to the success of the 
program. The applicant must describe how it will be able to obtain the 
aforementioned cooperation or participation.
3. Financial Capability
    In addition to the assurances provided in Part V, Assurances (OJP 
Form 4000/3), 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.
    OJP procedures require nongovernmental applicants having no recent 
history with OJP, to complete a financial capability questionnaire. 
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 with the materials as described in 
Section V, and must be prepared and submitted along with the 
application.

III. Dollar Amount and Duration

    A. The budget and project period for this program will be two years 
(from the date of award). A cooperative agreement in the amount of 
$1,200,000 is available from fiscal years 1997 and 1998 Formula Grant 
funds reallocated for award under the Nonparticipating State Program on 
a competitive basis to a statewide private nonprofit agency currently 
operating in South Dakota. Of this amount, $960,000 will be available 
to contract for local community-based placement alternatives to adult 
jails and lockups for both delinquent and status offender populations, 
with the remaining $240,000 available to manage the contracts and 
provide technical assistance to, and coordination among, the contract 
recipients. The recipient will be required to make available to Indian 
Tribes, at a minimum, the same amount that the State of South Dakota 
would have been required to pass-through to Tribes under section 
223(a)(5)(C) of the JJDP Act. ($68,845) The 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 B., below.
    B. 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 jurisdiction.

IV. Eligibility Criteria

    Applications are invited from private nonprofit agencies operating 
statewide in the State of South Dakota 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 and at the local level. 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 targeted jurisdictions 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, South Dakota Department of Corrections officials, key 
decision makers in the juvenile justice system, boards of public and 
private youth service providers, and the South Dakota SAG which exists 
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 jurisdictions that have reported high numbers of 
noncompliant incidents;
    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 State with regard to 
deinstitutionalization of status and nonoffenders, separation of 
juveniles and adults in secure custody, and removal of juveniles from 
adult jails and lockups in accordance with the requirements of the JJDP 
Act and OJJDP's implementing regulations; 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 community support for 
the

[[Page 44651]]

proposed community-based placement alternatives.
    The applicant must describe how the provision of the proposed 
services will directly impact, in measurable terms, the State's ability 
to meet the 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 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 funds 
awarded 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, and 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 ability 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. The 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 is 
documented. Applicant demonstrates knowledge of and experience in the 
juvenile justice field. Applicant demonstrates that staff members have 
sufficient substantive expertise and technical experience. Applications 
will be judged on the appropriateness of the position descriptions, 
required qualifications, and staff selection criteria.
    F. Reasonableness 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.

[[Page 44652]]

    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 applicant.

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. 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 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.

IX. Immigration and Naturalization Service Requirements

    Organizations funded under the South Dakota 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.

X. Submission Requirements

    This program announcement is a request for proposals from nonprofit 
agencies operating statewide in the State of South Dakota. The 
applications and necessary forms will be provided upon request by 
calling (202) 307-5924. Applicants must submit an original signed 
application and two copies to OJJDP.
    Applications must be received by mail or hand delivered to OJJDP by 
5:00 p.m. EST October 19, 1998. Those applications sent by mail should 
be addressed to: 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. 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.
    10. 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.
    11. 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.
    12. 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.
    13. 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

[[Page 44653]]

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. 98-22416 Filed 8-19-98; 8:45 am]
BILLING CODE 4410-18-P