[Federal Register Volume 63, Number 198 (Wednesday, October 14, 1998)]
[Proposed Rules]
[Pages 55069-55072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27183]


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DEPARTMENT OF JUSTICE

Office of Juvenile Justice and Delinquency Prevention

28 CFR Part 31

[OJP (OJJDP)-1158]
RIN 1121-AA46


Juvenile Accountability Incentive Block Grants

AGENCY: Office of Juvenile Justice and Delinquency Prevention (OJJDP), 
Office of Justice Programs, Justice.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes procedures under which an eligible 
State, or unit of local government that receives a subgrant from the 
State, is

[[Page 55070]]

required to provide notice to the Attorney General regarding the 
proposed use of funds available under the Juvenile Accountability 
Incentive Block Grants (JAIBG) program, a new block grant program 
designed to promote greater accountability in the juvenile justice 
system. The Attorney General, through the Assistant Attorney General 
for the Office of Justice Programs (OJP), has delegated the authority 
to administer the JAIBG program to the Administrator of the Office of 
Juvenile Justice and Delinquency Prevention.

DATES: Comments will be received no later than November 13, 1998.

ADDRESSES: Comments should be sent to: Shay Bilchik, Administrator, 
Office of Juvenile Justice and Delinquency Prevention, 810 7th Street, 
NW, Washington, DC 20531.

FOR FURTHER INFORMATION CONTACT: Rodney L. Albert, Deputy Director, 
State Relations and Assistance Division, OJJDP, 810 7th Street, NW, 
Washington, DC 20531. Phone: (202) 307-5924.

SUPPLEMENTARY INFORMATION: Public Law 105-119, November 26, 1997, 
Making Appropriations for the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies for the Fiscal Year Ending 
September 30, 1998, and for other Purposes (Appropriations Act) 
appropriated $250,000,000 for the Juvenile Accountability Incentive 
Block Grants (JAIBG) program described in Title III of H.R. 3, as 
passed by the House of Representatives on May 8, 1997.
    Funds are available under JAIBG in FY 1998 for State and local 
grants to support the following program purposes as set forth in 
Section 1801(b)(1)-(11) of H.R. 3:
    (1) Building, expanding, renovating, or operating temporary or 
permanent juvenile correction or detention facilities, including the 
training of correctional personnel;
    (2) Developing and administering accountability-based sanctions for 
juvenile offenders;
    (3) Hiring additional juvenile judges, probation officers, and 
court-appointed defenders, and funding pre-trial services for 
juveniles, to ensure the smooth and expeditious administration of the 
juvenile justice system;
    (4) Hiring additional prosecutors, so that more cases involving 
violent juvenile offenders can be prosecuted and backlogs reduced;
    (5) Providing funding to enable prosecutors to address drug, gang, 
and youth violence more effectively;
    (6) Providing funding for technology, equipment, and training to 
assist prosecutors in identifying and expediting the prosecution of 
violent juvenile offenders;
    (7) Providing funding to enable juvenile courts and juvenile 
probation offices to be more effective and efficient in holding 
juvenile offenders accountable and reducing recidivism;
    (8) The establishment of court-based juvenile justice programs that 
target young firearms offenders through the establishment of juvenile 
gun courts for the adjudication and prosecution of juvenile firearms 
offenders;
    (9) The establishment of drug court programs for juveniles so as to 
provide continuing judicial supervision over juvenile offenders with 
substance abuse problems and to provide the integrated administration 
of other sanctions and services;
    (10) Establishing and maintaining interagency information sharing 
programs that enable the juvenile and criminal justice system, schools, 
and social services agencies to make more informed decisions regarding 
the early identification, control, supervision, and treatment of 
juveniles who repeatedly commit serious delinquent or criminal acts;
    (11) Establishing and maintaining accountability-based programs 
that work with juvenile offenders who are referred by law enforcement 
agencies, or which are designed, in cooperation with law enforcement 
officials, to protect students and school personnel from drug, gang, 
and youth violence; and,
    (12) Implementing a policy of controlled substance testing for 
appropriate categories of juveniles within the juvenile justice system.
    Eligible applicants in FY 1998 are States whose Governor (or other 
Chief Executive Officer for the eligible jurisdictions that are not one 
of the 50 States but defined as such for purposes of this program under 
Sec. 1808(3) of Title III of H.R. 3) certifies, consistent with 
guidelines established by the Attorney General in consultation with 
Congress and incorporated into OJJDP's Program Guidance Manual, that 
the State is actively considering (or already has in place), or will 
consider within one year from the date of such certification, 
legislation, policies, or practices which, if enacted, would qualify 
the State for a grant under Section 1802 of H.R. 3. Specific 
information regarding Section 1802 qualifications can be found in the 
JAIBG Program Guidance Manual.
    The Chief Executive of each State is required to designate a State 
agency to apply for, receive, and administer JAIBG funds. The 
designated State agency will administer funds allocated to the State 
based on relative population of people under 18 years of age, with no 
more than 25% of the funds retained at the State level, absent a 
waiver, and with 75% or more allocated and subgranted to units of local 
government within the State. Specific information regarding ``waiver'' 
qualifications can be found in the JAIBG Program Guidance Manual.
    JAIBG funds awarded to a State and expended at the State level or 
subgranted by a State to a unit of local government, other than funds 
set aside for administrative costs, may be expended only for programs 
or projects under one or more of the twelve purpose areas established 
by law.
    Detailed information regarding all other requirements of the JAIBG 
program is available to eligible applicants in OJJDP's JAIBG Program 
Guidance Manual. The manual is available on the OJJDP homepage at 
www.ncjrs.org/ojjhome.htm.

Executive Order 12866

    This proposed regulation has been drafted and reviewed in 
accordance with Executive Order 12866, section 1(b), Principles of 
Regulation. The Office of Justice Programs has determined that this 
rule is not a ``significant regulatory action'' under Executive Order 
12866, section 3(f), Regulatory Planning and Review, and accordingly 
this rule has not been reviewed by the Office of Management and Budget.

Executive Order 12612

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, it is determined that this rule does not have sufficient 
federalism implications to warrant preparation of a Federalism 
Assessment.

Regulatory Flexibility Act

    The Office of Justice Programs, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and by 
approving it certifies that this regulation will not have a significant 
economic impact upon a substantial number of small entities for the 
following reasons:
    (1) The proposed Rule provides the procedures under which eligible 
applicants are required to provide notice regarding the proposed use of 
funds available under the JAIBG program; and

[[Page 55071]]

    (2) The award of such funds imposes no requirements on small 
business or on small entities.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not uniquely affect 
small governments. Therefore, no actions were deemed necessary under 
the provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in cost or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete in domestic and export markets.

National Environmental Policy Act

    This proposed rule has been reviewed in accordance with OJP's 
Procedures for Implementing the National Environmental Policy Act, 28 
CFR Part 61. The Assistant Attorney General for OJP has determined that 
this regulation does not constitute a major Federal action 
significantly affecting the quality of the human environment, and in 
accordance with the National Environmental Policy Act of 1969, Pub. L. 
91-190, an Environmental Impact Statement is not required.

Paperwork Reduction Act

    The collection of information requirements contained in this 
proposed regulation will be submitted to the Office of Management and 
Budget for review under the Paperwork Reduction Act (44 U.S.C. 
3504(h)).

List of Subjects in 28 CFR Part 31

    Grant programs--law, Juvenile delinquency, Reporting and 
recordkeeping requirements.

    For the reasons set forth in the preamble, 28 CFR Part 31 is 
proposed to be amended as follows:

PART 31--OJJDP GRANT PROGRAMS

    1. The Heading for Part 31 is revised as set forth above.
    2. The authority citation for Part 31 is revised to read as 
follows:

    Authority: 42 U.S.C. 5601 et seq.; Pub.L. 105-119, 111 Stat. 
2440.

    3. The designations ``Subpart A'' through ``Subpart E'' are removed 
and the headings remain as undesignated centerheadings.
    4. Sections 31.1 through 31.403, and the undesignated 
centerheadings, are designated as Subpart A and a new subpart heading 
is added to read as follows:

Subpart A--Formula Grants

    5. Section 31.1 is amended by revising ``This part'' to read ``This 
subpart''.
    6. Part 31 is amended by adding a new Subpart B consisting of 
Secs. 31.500 through 31.503 to read as follows:

Subpart B--Juvenile Accountability Incentive Block Grants

Sec.
31.500  Program purposes.
31.501  Eligible applicants.
31.502  Assurances and plan information.
31.503  Notice of proposed use of funds.

Subpart B--Juvenile Accountability Incentive Block Grants


Sec. 31.500  Program purposes.

    Funds are available under the Juvenile Accountability Incentive 
Block Grants (JAIBG) in FY 1998 for State and local grants to support 
the following program purposes:
    (a) Building, expanding, renovating, or operating temporary or 
permanent juvenile correction or detention facilities, including the 
training of correctional personnel;
    (b) Developing and administering accountability-based sanctions for 
juvenile offenders;
    (c) Hiring additional juvenile judges, probation officers, and 
court-appointed defenders, and funding pre-trial services for 
juveniles, to ensure the smooth and expeditious administration of the 
juvenile justice system;
    (d) Hiring additional prosecutors, so that more cases involving 
violent juvenile offenders can be prosecuted and backlogs reduced;
    (e) Providing funding to enable prosecutors to address drug, gang, 
and youth violence more effectively;
    (f) Providing funding for technology, equipment, and training to 
assist prosecutors in identifying and expediting the prosecution of 
violent juvenile offenders;
    (g) Providing funding to enable juvenile courts and juvenile 
probation offices to be more effective and efficient in holding 
juvenile offenders accountable and reducing recidivism;
    (h) The establishment of court-based juvenile justice programs that 
target young firearms offenders through the establishment of juvenile 
gun courts for the adjudication and prosecution of juvenile firearms 
offenders;
    (i) The establishment of drug court programs for juveniles so as to 
provide continuing judicial supervision over juvenile offenders with 
substance abuse problems and to provide the integrated administration 
of other sanctions and services;
    (j) Establishing and maintaining interagency information sharing 
programs that enable the juvenile and criminal justice system, schools, 
and social services agencies to make more informed decisions regarding 
the early identification, control, supervision, and treatment of 
juveniles who repeatedly commit serious delinquent or criminal acts;
    (k) Establishing and maintaining accountability-based programs that 
work with juvenile offenders who are referred by law enforcement 
agencies, or which are designed, in cooperation with law enforcement 
officials, to protect students and school personnel from drug, gang, 
and youth violence; and
    (l) Implementing a policy of controlled substance testing for 
appropriate categories of juveniles within the juvenile justice system.


Sec. 31.501  Eligible applicants.

    (a) Eligible applicants. Eligible applicants in FY 1998 are States 
whose Governor (or other Chief Executive Officer for the eligible 
jurisdictions that are not one of the 50 States but defined as such for 
purposes of this program) certifies, consistent with guidelines 
established by the Attorney General in consultation with Congress and 
incorporated into OJJDP's Program Guidance Manual, that the State is 
actively considering (or already has in place), or will consider within 
one year from the date of such certification, legislation, policies, or 
practices which, if enacted, would qualify the State for a grant. 
Specific information regarding qualifications can be found in the JAIBG 
Program Guidance Manual (which can be obtained from the Juvenile 
Justice Clearinghouse at 1-800-638-8736 or on the OJJDP homepage at 
www.ncjrs.org/ojjhome.htm).
    (b) Qualifications. Each State Chief Executive Officer must 
designate a state agency to apply for, receive, and administer JAIBG 
funds.


Sec. 31.502  Assurances and plan information.

    (a) In its application for a Juvenile Accountability Incentive 
Block Grant (JAIBG), each State must provide assurances to the Office 
of Juvenile Justice and Delinquency Prevention

[[Page 55072]]

(OJJDP), absent a waiver as provided in the JAIBG Program Guidance 
Manual, that:
    (1) The State will subgrant at least 75% of the State's allocation 
of funds to eligible units of local government to implement authorized 
programs at the local level; and
    (2) The State, and each unit of local government applying for a 
subgrant from the State, will expend not less than 45% of any grant 
provided to such State or unit of local government, other than funds 
set aside for administration, for program purposes 3-9 set forth in 
Sec. 31.500 of this subpart, and will not spend less than 35% for 
program purposes 1, 2, and 10 set forth in Sec. 31.500 of this subpart, 
unless the State certifies to OJJDP, or the unit of local government 
certifies to the State, that the interests of public safety and 
juvenile crime control would be better served by expending the grant 
award for purposes set forth in the twelve program areas in a different 
ratio. Such certification shall provide information concerning the 
availability of existing structures or initiatives within the intended 
areas of expenditure (or the availability of alternative funding 
sources for those areas), and the reasons for the State or unit of 
local government's alternative use.
    (b) Following award of JAIBG funds to a State by OJJDP, but prior 
to obligation of program funds by the State or of subgrant funds by a 
unit of local government for any authorized program purpose, a State 
administering JAIBG funds must provide to OJJDP information that 
demonstrates that the State, or a unit of local government that 
receives JAIBG funds, has established a coordinated enforcement plan 
for reducing juvenile crime, developed by a Juvenile Crime Enforcement 
Coalition (JCEC).
    (c)State coordinated enforcement plans must be developed by a 
Juvenile Crime Enforcement Coalition consisting of representatives of 
law enforcement and social service agencies involved in juvenile crime 
prevention. To assist in developing the State's coordinated enforcement 
plan, States may choose to utilize members of the State Advisory Group 
(SAG) established by the State's Chief Executive under Section 
223(a)(3) of Part B of the Juvenile Justice and Delinquency Prevention 
(JJDP) Act of 1974, as amended, codified at 42 U.S.C. 5633(a)(3), if 
appropriate membership exists, or use or establish another planning 
group that constitutes a coalition of law enforcement and social 
service agencies.
    (d)(1) When establishing a local Juvenile Crime Enforcement 
Coalition (JCEC), units of local government must include, unless 
impracticable, individuals representing:
    (i) Police;
    (ii) Sheriff;
    (iii) Prosecutor;
    (iv) State or local probation services;
    (v) Juvenile court;
    (vi) Schools;
    (vii) Business; and (viii) Religious affiliated, fraternal, 
nonprofit, or social service organizations involved in crime 
prevention.
    (2) Units of local government may utilize members of Prevention 
Policy Boards established pursuant to Section 505(b)(4)of Title V of 
the JJDP Act, codified at 42 U.S.C. 5784(b)(4), to meet the JCEC 
requirement, provided that each JCEC meets the membership requirements 
listed in paragraph (d)(1) of this section.


Sec. 31.503  Notice of proposed use of funds.

    The mechanism for a State to report on the proposed use of funds by 
the State or by a subgrantee unit of local government is by electronic 
submission of a ``Follow Up Information Form'' to be provided to each 
participating State. Upon receipt and review of the ``Follow Up 
Information Form'' by OJJDP, States may obligate program funds retained 
for expenditure at the State level. Similarly, the State shall require 
that each recipient unit of local government submit its proposed use of 
non-administrative funds to the State prior to drawdown of subgrant 
funds to implement local programs and projects. Upon receipt and review 
of the local unit of government's proposed fund use, the State shall 
authorize the local unit of government to obligate local subgrant 
funds. The State shall electronically submit a copy of the local 
subgrant information to OJJDP, as provided in the award package, within 
30 days of the date that the local unit of government is authorized to 
obligate program funds under its subgrant award.
Shay Bilchik,
Administrator, Office of Juvenile Justice and Delinquency Prevention.
[FR Doc. 98-27183 Filed 10-13-98; 8:45 am]
BILLING CODE 4410-18-P