[Federal Register Volume 66, Number 204 (Monday, October 22, 2001)]
[Notices]
[Pages 53432-53435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26539]


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DEPARTMENT OF JUSTICE

Office of Juvenile Justice and Delinquency Prevention

[OJP(OJJDP)-1335]


Program Announcement for 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 South Dakota does not participate in the JJDP Act, the State is 
not eligible to receive its fiscal year (FY) 1999 and FY 2000 Formula 
Grants program allocations under Part B of Title II of the JJDP Act, 
which total $1,349,000 and which are available to be competitively 
awarded through the Nonparticipating State Program. Eligible applicants 
are limited to private nonprofit agencies operating statewide that 
propose innovative service delivery programs designed to provide 
placement alternatives to existing secure confinement placements that 
are not consistent with the core protections of the JJDP Act. 
Applicants must currently be operating in the State, and their proposed 
programs must directly impact the core protections of the JJDP Act. 
Such agencies are eligible to receive assistance awards to be expended 
over a 2-year period. Of the total amount available, a minimum of 
$1,079,200 must be used 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, and up to $269,800 may be retained by the 
applicant to manage the contracts and provide technical assistance to 
and coordination among the local contractors funded under the 
Nonparticipating State Program.
    The recipient will be required to contract with 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 ($69,995). The financial assistance provided under this 
program requires no matching contribution in accordance with Part C of 
Title II of the JJDP Act.

DATES: Applications must be received by November 21, 2001.

ADDRESSES: All application packages should be mailed or delivered to 
the State and Tribal Assistance Division, Office of Juvenile Justice 
and Delinquency Prevention, 810 Seventh Street, NW., Washington, DC 
20531; 202-307-5924. (Please note that this address is different from 
the one listed in the 2001 OJJDP Application Kit.) Faxed or e-mailed 
applications will not be accepted. Interested applicants can obtain the 
OJJDP Application Kit from the Juvenile Justice Clearinghouse at 800-
638-8736. The Kit is also available on OJJDP's Web site at http://www.ncjrs.org/pdffiles1/ojjdp/s1000480.pdf.

FOR FURTHER INFORMATION CONTACT: Timothy S. Wight, Compliance 
Monitoring Coordinator, State and Tribal Assistance Division, Office of 
Juvenile Justice and Delinquency Prevention, 810 Seventh Street, NW., 
Washington, DC 20531, 202-307-5924, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Purpose

    The JJDP Act, as amended through 1992, establishes four core 
protections. The core protections are the deinstitutionalization of 
status offenders, removal of juveniles from adult jails and lockups, 
separation of juveniles and adults in institutions, and reduction of 
disproportionate minority confinement, where it exists. Meeting the 
core protections is essential to creating a fair and consistent 
juvenile

[[Page 53433]]

justice system that advances an important goal of the JJDP Act: to 
increase the effectiveness of juvenile delinquency prevention and 
control. The purpose of this program is to assist South Dakota in 
developing a range of secure and nonsecure alternatives and revising 
associated policies to ensure that the core protections are met.

Background

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 of achieving compliance with the following JJDP 
Act core protections:
    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 24 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, Sec. 31.303 (c-e) substantive 
requirements. Copies of the Consolidated Regulation may be obtained by 
contacting the Office of Juvenile Justice and Delinquency Prevention at 
202-307-5924.

History

    South Dakota historically has not been able to successfully address 
the core protections of the JJDP Act because of 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. South Dakota Codified 
Law 26-7A-26 permits apparent, alleged, or adjudicated children in need 
of supervision \1\ 14 years of age and older to be held in an adult 
jail or lockup. In addition, South Dakota law defines separation from 
adult prisoners in an adult jail or lockup in terms of physical 
separation only. Finally, South Dakota Codified Law 26-8B-6 permits the 
commitment of an adjudicated child in need of supervision to the South 
Dakota Department of Corrections for placement in a juvenile 
correctional facility.
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    \1\ The term ``children in need of supervision'' includes 
truancy, runaway, and other offenses ``for which there is not a 
penalty of a criminal nature for an adult.''
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    Because of the State's inability to address the core protections of 
the JJDP Act, the State of South Dakota did not submit a Formula Grants 
Program plan for the FY 1999 and FY 2000 Formula Grants Program 
allocations.

Goal

    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 ensure the 
core protections of section 223(a)(12)(A), (13) and (14) are met.

Objectives

    Local jurisdictions may be using secure facilities to detain or 
confine juveniles in a manner inconsistent with section 223(a)(12)(A), 
(13), and (14). To address this, the following objectives would be met:
    1. Develop local and statewide 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. Increase 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. Lack of coordination and cooperation 
often contributes to placement of juveniles in jails and lockups in 
violation of section 223(a)(12)(A), (13), and (14) of the JJDP Act.
    3. Create a flexible network of services and programs that is 
responsive to local jurisdictions' needs and capabilities. This network 
should focus on jurisdictions with the most difficult barriers to 
meeting the core protections of the JJDP Act.
    4. Create alternative services that 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, 
when safe and appropriate.
    c. Emergency foster care, shelter care, group care, and independent 
living arrangements.
    d. Crisis intervention services, short-term residential crisis 
intervention programs, and nonsecure holdovers that can be used for 
conflict mediation, emergency holding, and provision of emergency 
attention for youth with physical or emotional problems.

Program Strategy

    OJJDP will select one applicant from nonprofit agencies operating 
Statewide in the State of South Dakota and award a $1,349,000 
cooperative agreement for a 2-year project period.

[[Page 53434]]

Eligibility Requirements

    OJJDP invites applications from local public and private nonprofit 
agencies operating statewide in the State of South Dakota. When 
submitting joint applications with more than one organization, the 
parties must set forth their relationships 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 coapplicants. In the event of a 
coapplicant submission, one coapplicant 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 coapplicant. Under this arrangement, each organization would 
agree to be jointly and separately responsible for all project funds 
and services. Each coapplicant must sign Standard Form-424, Application 
for Federal Assistance, and indicate its acceptance of the conditions 
of joint and separate responsibility with the other coapplicant.

Selection Criteria

    Applicants will be evaluated and rated by a peer review panel 
according to the criteria outlined below.

Problem To Be Addressed (15 points)

    The applicant must demonstrate a clear understanding of the core 
protections of the JJDP Act and the manner in which the core 
protections are currently being addressed or not addressed in 
jurisdictions throughout the State.

Goals and Objectives (15 points)

    The applicant must clearly outline the specific goals and 
objectives to be achieved by the project. Simply restating the goals 
and objectives given in this solicitation is not adequate.

Project Design (30 points)

    The project design must describe how the applicant will have an 
effect on the following:
    1. State laws impacting the placement of juveniles in adult jails 
and lockups and status offenders and nonoffenders in secure detention 
or correctional facilities and the issues surrounding the removal of 
such juveniles from the facilities.
    2. State and local jurisdictions' compliance in relation to the 
measurable core protections 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 
nonoffenders and jail removal.
    4. The ability of the State and local jurisdictions to meet the 
core protections of the JJDP Act by providing community-based 
alternative placements to adult jails and lockups.
    5. Establishment and maintenance of a working relationship between 
the applicant and the South Dakota Department of Corrections in order 
to coordinate efforts and enhance the project's statewide efforts to 
meet the JJDP Act core protections.

Management and Organizational Capability (30 points)

    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. 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 decisionmakers 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; 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. OJP procedures require each private 
nonprofit applicant to demonstrate that its organization has or can 
establish fiscal controls and accounting procedures that ensure that 
Federal funds available under this announcement are disbursed and 
accounted for properly.

Budget (10 points)

    The proposed 24-month budget must be complete, detailed, 
reasonable, allowable, and cost effective in relation to the activities 
to be undertaken.

Format

    The narrative portion of this application (excluding forms, 
assurances, and appendixes), must not exceed 25 pages and must be 
submitted on 8\1/2\- by 11-inch paper, double spaced on one side in a 
standard 12-point font. The double-spacing requirement applies to all 
parts of the program narrative, including any lists, bulleted items, 
tables, or quotations. These standards are necessary to maintain fair 
and uniform consideration of all applicants. If the narrative does not 
conform to these standards, OJJDP will deem the application ineligible 
for consideration.

Award Period

    This project will be funded as a cooperative agreement for a 2-year 
budget and project period.

Award Amount

    A cooperative agreement in the amount of $1,349,000 is available 
for the 2-year budget and project period.

Catalog of Federal Domestic Assistance (CFDA) Number

    For this program, the CFDA number, which is required on Standard 
Form 424 is 16.541. This form and other required forms and instructions 
are included in the 2001 OJJDP Application Kit available from the 
Juvenile Justice Clearinghouse at 800-638-8736. The Kit is also 
available on OJJDP's Web site at http://www.ncjrs.org/pdffiles1/ojjdp/s1000480.pdf.

Coordination of Federal Efforts

    To encourage better coordination among Federal agencies in 
addressing State and local needs, the U.S. Department of Justice (DOJ) 
is requiring applicants to provide information on the following: (1) 
Active Federal grant award(s) supporting this or related efforts, 
including awards from DOJ; (2) any pending application(s) for Federal 
funds for this or related efforts; and (3) plans for coordinating any 
funds described in items (1) or (2) with the funding sought by this 
application. For each Federal award, applicants must include the 
program or project title, the Federal grantor agency, the amount of the 
award, and a brief description of its purpose.
    The term ``related efforts'' is defined for these purposes as one 
of the following:
    1. Efforts for the same purpose (i.e., the proposed award would 
supplement, expand, complement, or continue activities funded with 
other Federal grants).
    2. Another phase or component of the same program or project (e.g., 
to

[[Page 53435]]

implement a planning effort funded by other Federal funds or to provide 
a substance abuse treatment or education component within a criminal 
justice project).
    3. Services of some kind (e.g., technical assistance, research, or 
evaluation) to the program or project described in the application.

Delivery Instructions

    All application packages must be mailed or delivered to the State 
and Tribal Assistance Division, Office of Juvenile Justice and 
Delinquency Prevention, 810 Seventh Street, NW., Washington, DC 20531; 
202-307-5924. (Note that this address is different from the one listed 
in the 2001 OJJDP Application Kit.) Faxed or e-mailed applications will 
not be accepted.

    Note: In the lower left-hand corner of the envelope, applicants 
must clearly write ``Nonparticipating State Program, South Dakota.''

Due Date

    Applicants are responsible for ensuring that the original and five 
copies of the application package are received by 5 p.m. ET on November 
21, 2001.

Contact

    For further information, contact Timothy S. Wight, Compliance 
Monitoring Coordinator, State and Tribal Assistance Division, 202-307-
5924, or send an e-mail inquiry to [email protected].

    Dated: October 16, 2001.
Terrence S. Donahue,
Acting Administrator, Office of Juvenile Justice and Delinquency 
Prevention.
[FR Doc. 01-26539 Filed 10-19-01; 8:45 am]
BILLING CODE 4410-18-P