[Federal Register Volume 69, Number 35 (Monday, February 23, 2004)]
[Notices]
[Pages 8234-8237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3821]



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DEPARTMENT OF JUSTICE

Office of Juvenile Justice and Delinquency Prevention

[OJP (OJJDP) Docket No. 1393]


Program Announcement for the Nonparticipating State Program, 
Wyoming

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

ACTION: Notice of solicitation.

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SUMMARY: The Office of Juvenile Justice and Delinquency Prevention 
(OJJDP), pursuant to the provisions of the Juvenile Justice and 
Delinquency Prevention (JJDP) Act, is issuing the following program 
announcement and solicitation for applications from local public and 
private nonprofit agencies currently operating in the State of Wyoming. 
Because Wyoming does not participate in the JJDP Act, the state is not 
eligible to receive fiscal year (FY) Formula Grants program 
allocations, which total $1,229,200.\1\ However, these funds are 
available to be competitively awarded through the Nonparticipating 
State Program. Eligible applicants include public and private nonprofit 
agencies operating in Wyoming that propose alternatives to secure 
confinement settings that do not adhere to the core requirements of the 
JJDP Act. These proposed programs must reflect the core requirements of 
the JJDP Act. Applicants are eligible to receive assistance awards for 
a 2-year period. Of the total amount of funds available, a minimum of 
$983,360 must be used by the grantee to contract with local public or 
private nonprofit agencies to provide delinquent and status offender 
populations with local community-based placement alternatives to adult 
jails and lockups. Up to $245,840 may be retained by the grantee to 
manage the contracts and to coordinate and provide technical assistance 
and training to the local contractors funded under the Nonparticipating 
State Program.
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    \1\ This total is based on state allocations of $647,000 (FY 
2001) and $646,000 (FY 2002), minus $63,800, which has been awarded 
directly to the Wyoming Department of Family Services to support the 
activities of the Wyoming State Advisory Group Council on Juvenile 
Justice.
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    The grantee will be required to contract with American Indian 
tribes for at least the same amount ($29,838) that the State of Wyoming 
would have been required to disburse to tribes under the JJDP Act. The 
financial assistance provided by this program requires no matching 
contribution in accordance with Part C of Title II of the JJDP Act.

DATES: Applications must be received by March 24, 2004.

FOR FURTHER INFORMATION CONTACT: Dennis Mondoro, Compliance Monitoring 
Coordinator, State Relations and Assistance Division, Office of 
Juvenile Justice and Delinquency Prevention, at 202-307-5924 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Purpose

    The JJDP Act, as amended through 2002, establishes four core 
requirements:
    (1) Deinstitutionalizing status offenders.
    (2) Removing juveniles from adult jails and lockups.
    (3) Separating juveniles and adults in institutions.
    (4) Addressing disproportionate minority contact (DMC), when it 
exists.
    Meeting these core requirements is essential to creating a fair and 
equitable juvenile justice system that advances the goals of the JJDP 
Act. The purpose of this program is to help Wyoming develop a range of 
secure and nonsecure alternatives to confinement and revise associated 
policies to ensure compliance with the core requirements of the JJDP 
Act.

Background

    Wyoming historically 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. Because of Wyoming's inability to address the 
core requirements of the JJDP Act, the state did not submit a Formula 
Grants Program plan for the FY 2001 and FY 2002 Formula Grants Program 
allocations. The statutory requirements pertaining to states that do 
not submit a Formula Grants Program plan are as follows:
    Pursuant to section 223(d) of the JJDP Act of 2002, if a state 
chooses not to submit a Formula Grants Program plan, fails to submit a 
plan, or submits a plan that does not meet the requirements of the JJDP 
Act, the OJJDP Administrator shall make the Formula Grants Program fund 
allotment available, under section 222(a) of the JJDP Act, to public or 
private nonprofit agencies within the state. The funds must be used 
solely for the purpose of achieving compliance with the following core 
requirements of the JJDP Act:
    Section 223(a)(11) requires that juveniles who are charged with or 
who have committed offenses that would not be criminal if committed by 
an adult, alien juveniles in custody, and nonoffenders such as 
dependent or neglected children, shall not be placed in secure 
detention facilities or secure correctional facilities. This section 
does not pertain to juveniles who are charged with a violation of 
section 922(x) of Title 18 or a similar state law, juveniles who are 
charged with or who have committed a violation of a valid court order, 
or juveniles who are held in accordance with the Interstate Compact on 
Juveniles.
    Section 223(a)(12) provides that juveniles alleged or found to be 
delinquent, and those within the purview of section 223(a)(11) above, 
shall not be detained or confined in any institution in which they have 
contact with adults incarcerated because they have been convicted of a 
crime or are awaiting trial on criminal charges.
    Section 223(a)(13) provides that no juvenile shall be detained or 
confined in any jail or lockup for adults. The OJJDP Administrator may, 
however, declare exceptions with regard to the detention of juveniles 
accused of nonstatus offenses who are awaiting an initial court 
appearance, provided that such exceptions are limited to areas that are 
in compliance with section 223(a)(12). Such exceptions are also limited 
to areas that are outside a standard metropolitan statistical area; 
have no existing acceptable alternative placement available; are 
located where travel conditions (e.g., a long distance or a lack of 
highway, road, or other ground transportation) do not allow for court 
appearances within 48 hours, so that a brief (not to exceed 48 hours) 
delay is excusable; or are located where unsafe conditions exist (e.g., 
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.
    Section 223(a)(22) provides that states address juvenile 
delinquency prevention efforts and system-improvement efforts designed 
to reduce, without establishing or requiring numerical standards or 
quotas, the disproportionate number of juvenile members of minority 
groups who come in contact with the juvenile justice system.
    For more information about the regulatory exceptions to the 
provisions of sections 223(a)(11), (12), (13), and (22), please contact 
Dennis Mondoro, Compliance Monitoring Coordinator, State Relations and 
Assistance Division, Office of Juvenile Justice and

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Delinquency Prevention, at 202-307-592 or [email protected].

Goal

    In accordance with section 223(d) of the JJDP Act, the goal of this 
program is to help Wyoming develop a range of secure and nonsecure 
alternatives to confinement and revise associated policies to ensure 
that the core requirements of the JJDP Act are met.

Objectives

    Local jurisdictions may be using secure facilities to detain or 
confine juveniles in a manner inconsistent with sections 223(a)(11), 
(12), and (13) of the JJDP Act. To address this issue, the following 
actions may be appropriate:
     Develop local and statewide policies regarding 
juveniles in secure confinement that are consistent with sections 
223(a)(12) and (13) and that address violations of section 223(a)(11) 
of the JJDP Act.
     Increase coordination and cooperation within the 
juvenile justice system by involving schools, law enforcement 
officials, prosecutors, judges, jail and corrections officials, public 
and private service providers, and local public interest groups in 
reform efforts. A lack of coordination and cooperation often 
contributes to the placement of juveniles in jails and lockups in 
violation of sections 223(a)(11), (12), and (13) of the JJDP Act.
     Create a flexible network of services and 
programs that responds to local jurisdictions' needs and capabilities. 
This network should focus on jurisdictions with the most difficult 
barriers to meeting the core requirements of the JJDP Act.
     Create alternative services that can be 
sustained over time with local resources. These services include, but 
are not limited to, the following:
     The availability of appropriate secure juvenile 
facilities for the detention of juvenile offenders.
     Intensive supervision in a child's home as a 
placement alternative and the use of home detention, including 
electronic monitoring, when safe and appropriate.
     Emergency foster care, shelter care, group care, 
and independent living arrangements.
     Crisis intervention services, short-term 
residential crisis intervention programs, and nonsecure holdovers that 
can be used for conflict mediation, emergency holding, and the 
provision of emergency attention for youth with physical or emotional 
problems.
    The JJDP Act of 2002 requires states to address juvenile 
delinquency prevention efforts and system-improvement efforts designed 
to reduce, without establishing or requiring numerical standards or 
quotas, the disproportionate number of juvenile members of minority 
groups who come into contact with the juvenile justice system. 
Recognizing the complexity of this issue, OJJDP requires that when a 
state determines that disproportionate minority contact (DMC) exists, 
the state must provide in its Formula Grants Comprehensive 3-Year Plan 
and Plan Updates a description of specific delinquency prevention and 
system-improvement efforts that are designed to reduce DMC within its 
juvenile justice system, including law enforcement, courts, and 
corrections. In lieu of a 3-Year Plan, the applicant should describe 
the extent of the DMC problem, if one exists, in the state and describe 
activities to be undertaken during the project period to reduce DMC.

Eligibility Requirements

    Eligible applicants include public and private nonprofit agencies 
operating in Wyoming that propose alternatives to secure confinement 
settings that do not adhere to the core requirements of the JJDP Act.

Application Procedures

    The Office of Justice Programs (OJP) requires that applications be 
submitted through its online Grants Management System (GMS). This 
online application system is designed to streamline the processing of 
requests for funding. A toll-free telephone number (888-549-9901) is 
available to provide applicants with technical assistance as they work 
through the online application process.
    Beginning October 1, 2003, a Dun and Bradstreet (D&B) Data 
Universal Numbering System (DUNS) number must be included in every 
application for a new award or renewal of an award. An application will 
not be considered complete until a valid DUNS number is provided by the 
applicant. Individuals who would personally receive a grant or 
cooperative agreement from the federal government are exempt from this 
requirement.
    Organizations should verify that they have a DUNS number or take 
the steps necessary to obtain one as soon as possible. Applicants can 
receive a DUNS number at no cost by calling the dedicated toll-free 
DUNS number request line at 800-333-0505.
    Applicants should use the following application guidelines when 
preparing their application for this cooperative agreement. 
Applications must be electronically submitted to OJP through GMS no 
later than 5 p.m., ET, on March 24, 2004. However, in order to allow 
adequate time to register with GMS, applicants must create a ``user 
profile'' before March 9, 2004. Applicants who have previously 
registered with GMS and have a GMS password should log on to GMS prior 
to March 9, 2004 to determine whether the password is still valid. If 
the password has expired, follow the on-screen instructions or call the 
GMS Hotline (888-549-9901). OJJDP will begin accepting applications 
immediately. Applications submitted via GMS must be in the following 
word processing formats: Microsoft Word (``.doc''), PDF files 
(``.pdf''), or Text Documents (``.txt'').

Selection Criteria

    All applications will be peer reviewed. OJJDP will review peer 
review results, and the U.S. Department of Justice will make the final 
award determinations. Applicants will be evaluated and rated by a peer 
review panel according to the following criteria:
     Budget (10 points).
     Problem To Be Addressed (15 points).
     Goals and Objectives (15 points).
     Project Design, including Coordination of 
Federal Efforts (30 points).
     Management and Organizational Capability (30 
points).
    A completed application will include the following program 
attachments:

Attachment 1: Budget Detail Worksheet

    Budget (10 points): The proposed 24-month budget must be complete, 
detailed, reasonable, allowable, and cost-effective in relation to the 
activities described in this solicitation.

Attachment 2: Program Narrative

    The narrative portion of this application must not exceed 25 pages.
    Problem To Be Addressed (15 points): The applicant must demonstrate 
a clear understanding of the core requirements of the JJDP Act of 2002 
and the manner in which they 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 (including Coordination of Efforts) (30 points): The 
project design must describe how the applicant will have an effect on 
the following:
     State laws affecting the placement of juveniles 
in adult jails and lockups,

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status offenders and nonoffenders in secure detention or correctional 
facilities, and the issues surrounding the removal of such juveniles 
from those facilities.
     State and local jurisdictions' compliance in 
relation to the measurable core requirements of the JJDP Act involving 
the development of alternative placements to adult jails and lockups.
     State legislative, judicial, and executive 
branch activities related to the supervision and protection of status 
offenders and nonoffenders and jail removal.
     The implementation of delinquency prevention and 
system-improvement efforts to reduce disproportionate minority contact 
(DMC) within the juvenile justice system, and the ability to evaluate 
the effectiveness of such efforts and to monitor DMC trends over time.
     The establishment and maintenance of a working 
relationship between the applicant, the Wyoming State Advisory Group, 
and the Wyoming Department of Family Services, Division of Juvenile 
Services, to coordinate and enhance the project's statewide efforts to 
meet the JJDP Act's core requirements.
    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 item (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:
     Efforts for the same purpose (i.e., the proposed 
award would supplement, expand, complement, or continue activities 
funded with other Federal grants).
     Another phase or component of the same program 
or project (e.g., to implement a planning effort funded by other 
Federal funds or to provide a substance abuse treatment or education 
component within a criminal justice project).
     Services of some kind (e.g., technical 
assistance, research, or evaluation) to the program or project 
described in the application.

Attachment 3: Other Program Attachments

    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.
    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.
    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 Wyoming 
State Advisory Group; the Wyoming Department of Family Services, 
Division of Juvenile Services; 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 obtain the aforementioned cooperation or participation.
    Financial Capability. OJP requires 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 properly disbursed and accounted 
for.

Project and 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 $1,229,200 is available 
for the 2-year budget and project period.

Performance Measurement

    To ensure compliance with the Government Performance and Results 
Act, Public Law 103-62, this solicitation notifies applicants that they 
will be required to collect and report on data that measure the results 
of the program implemented by this grant. To ensure the accountability 
of these data, for which OJP is responsible, grantees are required to 
provide the following data:
     The grantee will reduce Wyoming's 
Deinstitutionalization of Status Offender violations by 10 percent from 
the number of violations, as reported in the 2002 Compliance Monitoring 
Report, by the end of the project period.
     The grantee will reduce Wyoming's Sight and 
Sound Separation violations by 10 percent from the number of 
violations, as reported in the 2002 Compliance Monitoring Report, by 
the end of the project period.
     The grantee will reduce Wyoming's Jail Removal 
violations by 10 percent from the number of violations, as reported in 
the 2002 Compliance Monitoring Report, by the end of the project 
period.
    Additional objectives leading to these outcomes should include:
     Development and/or support of alternatives to 
secure confinement for delinquent and status offending youth in those 
localities that inappropriately hold the majority of juveniles in the 
counties of Campbell and Natrona.
     Proposing and ultimately adopting a Wyoming 
statute that changes minors in possession of alcohol from a criminal 
offense to a status offense, and legislation that disallows the secure 
custody of juveniles in jails and prohibits the sight and sound contact 
between juvenile and adults in secure facilities.
    Your assistance in obtaining this information will facilitate 
future program planning and will allow OJP to provide Congress with 
measurable program results of federally funded programs.

Faith-based and Community Organizations

    It is OJP policy that faith-based and community organizations that 
statutorily qualify as eligible applicants under OJP programs are 
invited and encouraged to apply for assistance awards. Faith-based and 
community organizations will be considered for an award on the same 
basis as any other eligible applicants and, if they receive assistance 
awards, will be treated on an equal basis with non faith-based and 
community organization grantees in the administration of such awards. 
No eligible applicant or grantee will be discriminated against on the 
basis of its religious character or affiliation, religious name, or the 
religious composition of its board of directors or persons working in 
the organization.

Limited English Proficiency

    National origin discrimination includes discrimination on the basis 
of limited English proficiency (LEP). To ensure compliance with Title 
VI and the

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Safe Streets Act, recipients are required to take reasonable steps to 
ensure that LEP persons have meaningful access to their programs. 
Meaningful access may entail providing language assistance services, 
including oral and written translation when necessary. The U.S. 
Department of Justice has issued guidance for grantees to assist them 
in complying with Title VI requirements. The guidance document can be 
accessed on the internet at http://www.lep.gov, or by contacting OJP's 
Office for Civil Rights at 202-307-0690, or by writing to the following 
address: Office for Civil Rights, Office of Justice Programs, U.S. 
Department of Justice, 810 7th Street NW., Eighth Floor, Washington, DC 
20531.

Lobbying

    The Anti-Lobbying Act, 18 U.S.C. 1913, recently was amended to 
expand significantly the restriction on use of appropriated funding for 
lobbying. This expansion also makes the anti-lobbying restrictions 
enforceable via large civil penalties, with civil fines between $10,000 
and $100,000 per each individual occurrence of lobbying activity. These 
restrictions are in addition to the anti-lobbying and lobbying 
disclosure restrictions imposed by 31 U.S.C. 1352.
    The Office of Management and Budget (OMB) is currently in the 
process of amending the OMB cost circulars and the common rule 
(codified at 28 CFR part 69 for DOJ grantees) to reflect these 
modifications. However, in the interest of full disclosure, all 
applicants must understand that no federally appropriated funding made 
available under this grant program may be used, either directly or 
indirectly, to support the enactment, repeal, modification or adoption 
of any law, regulation, or policy, at any level of government, without 
the express approval by OJP. Any violation of this prohibition is 
subject to a minimum $10,000 fine for each occurrence. This prohibition 
applies to all activity, even if currently allowed within the 
parameters of the existing OMB circulars.

Catalog of Federal Domestic Assistance (CFDA) Number

    For this program, the CFDA number, which is required on Standard 
Form 424, is 16.541.

Due Date

    Applicants are responsible for ensuring that the application is 
received by 5 p.m. ET on March 24, 2004.

    Dated: February 17, 2004.
J. Robert Flores,
Administrator, Office of Juvenile Justice and Delinquency Prevention.
[FR Doc. 04-3821 Filed 2-20-04; 8:45 am]
BILLING CODE 4410-18-P