§ 10153. Applications

1,364 words·~6 min read·/usc/title-34/section-10153

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)11 So in original. Probably should be “(a)”. In general To request a grant under this part, the chief executive officer of a State or unit of local government shall submit an application to the Attorney General within 120 days after the date on which funds to carry out this part are appropriated for a fiscal year, in such form as the Attorney General may require. Such application shall include the following:

(1)A certification that Federal funds made available under this part will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities.

(2)An assurance that, not fewer than 30 days before the application (or any amendment to the application) was submitted to the Attorney General, the application (or amendment) was submitted for review to the governing body of the State or unit of local government (or to an organization designated by that governing body).

(3)An assurance that, before the application (or any amendment to the application) was submitted to the Attorney General—

(A)the application (or amendment) was made public; and

(B)an opportunity to comment on the application (or amendment) was provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or established procedure makes such an opportunity available.

(4)An assurance that, for each fiscal year covered by an application, the applicant shall maintain and report such data, records, and information (programmatic and financial) as the Attorney General may reasonably require.

(5)A certification, made in a form acceptable to the Attorney General and executed by the chief executive officer of the applicant (or by another officer of the applicant, if qualified under regulations promulgated by the Attorney General), that—

(A)the programs to be funded by the grant meet all the requirements of this part;

(B)all the information contained in the application is correct;

(C)there has been appropriate coordination with affected agencies; and

(D)the applicant will comply with all provisions of this part and all other applicable Federal laws.

(6)A comprehensive Statewide plan detailing how grants received under this section will be used to improve the administration of the criminal justice system, which shall—

(A)be designed in consultation with local governments, and representatives of all segments of the criminal justice system, including judges, prosecutors, law enforcement personnel, corrections personnel, and providers of indigent defense services, victim services, juvenile justice delinquency prevention programs, community corrections, and reentry services;

(B)include a description of how the State will allocate funding within and among each of the uses described in subparagraphs

(A)through

(G)of section 10152(a)(1) of this title;

(C)describe the process used by the State for gathering evidence-based data and developing and using evidence-based and evidence-gathering approaches in support of funding decisions;

(D)describe the barriers at the State and local level for accessing data and implementing evidence-based approaches to preventing and reducing crime and recidivism; and

(E)be updated every 5 years, with annual progress reports that—

(i)address changing circumstances in the State, if any;

(ii)describe how the State plans to adjust funding within and among each of the uses described in subparagraphs

(A)through

(G)of section 10152(a)(1) of this title;

(iii)provide an ongoing assessment of need;

(iv)discuss the accomplishment of goals identified in any plan previously prepared under this paragraph; and

(v)reflect how the plan influenced funding decisions in the previous year.

(b)Technical assistance

(1)Strategic planning Not later than 90 days after December 16, 2016, the Attorney General shall begin to provide technical assistance to States and local governments requesting support to develop and implement the strategic plan required under subsection (a)(6). The Attorney General may enter into agreements with 1 or more non-governmental organizations to provide technical assistance and training under this paragraph.

(2)Protection of constitutional rights Not later than 90 days after December 16, 2016, the Attorney General shall begin to provide technical assistance to States and local governments, including any agent thereof with responsibility for administration of justice, requesting support to meet the obligations established by the Sixth Amendment to the Constitution of the United States, which shall include—

(A)public dissemination of practices, structures, or models for the administration of justice consistent with the requirements of the Sixth Amendment; and

(B)assistance with adopting and implementing a system for the administration of justice consistent with the requirements of the Sixth Amendment.

(3)Authorization of appropriations For each of fiscal years 2017 through 2021, of the amounts appropriated to carry out this subpart, not less than $5,000,000 and not more than $10,000,000 shall be used to carry out this subsection.

(Pub. L. 90–351, title I, § 502, as added Pub. L. 109–162, title XI, § 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3096; amended Pub. L. 109–271, § 8(i), Aug. 12, 2006, 120 Stat. 767; Pub. L. 114–324, § 14(b), Dec. 16, 2016, 130 Stat. 1958.)

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