Part 1.
OFFICE OF THE GOVERNOR
Chapter 3.
CRIMINAL JUSTICE DIVISION
The Office of the Governor proposes the amendment of Subchapter A §§3.3,
3.5, 3.7, 3.9, 3.19, and 3.21; Subchapter B §§3.53, 3.55, 3.75,
3.77, 3.79, 3.81, 3.83, and 3.85; Subchapter C §§3.103, 3.111, 3.201,
3.203, 3.301, 3.303, 3.305, 3.401, 3.403, 3.501, 3.503, 3.505, 3.511, 3.601,
3.609, 3.613, 3.721, 3.723, 3.801, 3.803, 3.901, 3.903, 3.905, 3.1005, 3.1101,
3.1103, 3.1201, 3.1203, 3.1205, 3.1211, 3.1213, and 3.1303; Subchapter D §§3.2007,
3.2009, and 3.2013; Subchapter E §§3.2501, 3.2507, 3.2511, 3.2513,
3.2515, 3.2525, and 3.2529; Subchapter F §3.2601 and §3.2603; Subchapter
G §§3.8105, 3.8115, 3.8205, 3.8215, 3.8305, and 3.8315; and Subchapter
I §3.9300.
The Office of the Governor proposes the addition of Subchapter C §§3.211,
3.313, 3.725, 3.809, 3.811, and 3.1111.
The Office of the Governor proposes the repeal of Subchapter C §§3.1215,
3.1401, 3.1403, 3.1405, 3.1409, 3.1411, 3.1413, and 3.1415.
The proposed amendment to §3.3 changes the name of the "Violence Against
Women Act Fund" to the "S.T.O.P. Violence Against Women Act Fund" to reflect
the current name of this federal funding source.
The proposed amendment to §3.5 clarifies the meaning of the section
by: (1) changing the word "kind" to "type" in subsection (a)(2); and (2) removing
unnecessary language in subsection (b).
The proposed amendment to §3.7 clarifies the requirement of the Governor's
Criminal Justice Division (CJD) that all grant applications be submitted directly
to CJD. This allows CJD to review the applications for eligibility before
they are prioritized by a review group, regional Council of Governments (COG),
or other designee of CJD. In the past, certain types of grant applications
were submitted directly to COGs.
The proposed amendment to §3.9 clarifies that all grant funding decisions
are within the discretion of CJD and that approval of a grant award does not
give the applicant special consideration for future grant funding or entitle
the applicant to additional grant funds.
The proposed amendment to §3.19 clarifies which funding sources are
exempt from the federal requirements for the Texas Review and Comment System.
The proposed amendment to §3.21 clarifies that CJD may submit information
to applicants or grantees via the Internet or other electronic means, and
may require applicants or grantees to submit information to CJD in the same
manner. The use of electronic communication provides for a more efficiency
flow of information and greater cost savings to the state, applicants and
grantees.
The proposed amendment to §3.53 sets forth the current priority needs
for juvenile justice and youth projects. These priority needs were developed
in coordination with the Governor's Juvenile Justice Advisory Board.
The proposed amendment to §3.55: (1) deletes subsections (a) from
this section and transfers it to §3.101 relating to the State Criminal
Justice Planning (421) Fund because it sets forth the basic purpose and the
central project requirement of the State Criminal Justice Planning (421) Fund;
(2) deletes subsection (b) because it does not adequately define the types
of projects to which it applies; and (3) deletes subsection (c) and transfers
it to §3.311 relating to the State Criminal Justice Planning (421) Fund
because this requirement is applicable to state funds and does not apply to
the federal funding sources. The federal funding sources are regulated by
federal program requirements. In addition, many of the federal funding sources
fund programs for juvenile offenders, which are not subject to these requirements,
or drug treatment, which is an exception to these requirements.
The proposed amendment to §3.75: (1) clarifies that grant funds may
be used to compensate court masters, magistrates, referees, or judges in juvenile
courts or drug courts because the use of funds for this purpose is necessary
to establish such programs; (2) deletes the reference to the "Extraordinary
Costs of Investigating and Prosecuting Capital Murder and Hate Crimes Program"
from the list of exceptions because the program is no longer administered
by CJD; and (3) clarifies the section by transferring subsection (e) to subsection
(c) regarding overtime pay.
The proposed amendment to §3.77: (1) clarifies the requirement, set
forth in the Uniform Grant Management Standards, that grantees establish a
system for ensuring that subcontractors provide the products and services
specified in their contracts; (2) refers grantees to the requirement that
a procurement questionnaire must be submitted for all procurements that exceed
$100,000 or upon CJD request.
The proposed amendment to §3.79: (1) changes the name of the "Violence
Against Women Act Fund" to the "S.T.O.P. Violence Against Women Act Fund"
to reflect the current name of this federal funding source; and (2) clarifies
that the exemption in subsection (b) applies only to subsection (b) and clarifies
the language in this subsection to ensure the use of uniform language in this
chapter.
The proposed amendment to §3.81 clarifies that the exemption in subsection
(b) applies only to subsection (b) and clarifies the language in this subsection
to ensure the use of uniform language in this chapter.
The proposed amendment to §3.83 corrects the reference in this section
to indicate that "approved budget categories" is defined in §3.3(10).
The proposed amendment to §3.85 clarifies that the exemption in subsection
(d) applies only to subsection (d) and clarifies the language in this subsection
to ensure the use of uniform language in this chapter.
The proposed amendment to §3.103 conforms the project requirements
under the State Criminal Justice Planning (421) Fund to the state statutory
requirements for this funding source under Article 102.056 of the Texas Code
of Criminal Procedure.
The proposed amendment to §3.111: (1) deletes the language regarding
renovation or retrofitting of existing facilities because it is permissive
and these projects remain eligible to be funded under this funding source;
and (2) adds the requirement that was transferred from §3.55(c).
The proposed amendment to §3.201 updates the language of subsection
(a) to reflect the current citation for the federal legislation that authorizes
the Juvenile Justice and Delinquency Act Fund.
The proposed amendment to §3.203 conforms the project requirements
under the Juvenile Justice and Delinquency Act Fund to the federal requirements
for this funding source.
The proposed amendment to §3.301: (1) updates the language of subsection
(b) to reflect the current citation for the federal legislation that authorizes
the Title V Delinquency Prevention Act Fund; and (2) conforms the program
purpose under the Title V Delinquency Prevention Act Fund to the federal requirements
for this funding source.
The proposed amendment to §3.303 conforms the project requirements
under the Title V Delinquency Prevention Act Fund to the federal requirements
for this funding source.
The proposed amendment to §3.305 deletes the language regarding the
local policy board and transfers it to new §3.313, which relates to local
policy boards.
The proposed amendment to §3.401: (1) updates the language of subsection
(b) to reflect the current citation for the federal legislation that authorizes
the Safe and Drug-Free Schools and Communities Act Fund; and (2) conforms
the program purpose under the Safe and Drug-Free Schools and Communities Act
Fund to the federal requirements for this funding source.
The proposed amendment to §3.403 conforms the project requirements
under the Safe and Drug-Free Schools and Communities Act Fund to the federal
requirements for this funding source.
The proposed amendment to §3.501 conforms the program purpose under
the Victims of Crime Act Fund to the federal requirements for this funding
source.
The proposed amendment to §3.503 conforms the project requirements
under the Victims of Crime Act Fund to the federal requirements for this funding
source.
The proposed amendment to §3.505 conforms the list of eligible applicants
and the criteria that must be met by eligible applicants under the Victims
of Crime Act Fund to the federal requirements for this funding source.
The proposed amendment to §3.511 conforms the list of ineligible activities
and costs under the Victims of Crime Act Fund to the federal requirements
for this funding source.
The proposed amendment to §3.601 clarifies the language of the section.
The proposed amendment to §3.609 clarifies that the exemption in this
section applies only to this section and clarifies the language in this section
to ensure the use of uniform language in this chapter.
The proposed amendment to §3.613 clarifies that a grant awarded to
a crime stoppers organization under the Crime Stoppers Assistance Fund will
terminate not only when the organization is decertified, but also when the
organization's Crime Stoppers certification expires.
The proposed amendment to §3.721 clarifies that only multi-jurisdictional
drug task force projects are required to certify that they will conduct drug
testing. Mandatory drug testing is necessary for these projects because of
task force personnel's access to confidential information and illegal drugs.
The proposed amendment to §3.723: (1) clarifies that advisory boards
are established only for multi-jurisdictional drug task force projects; and
(2) deletes the language regarding task force personnel and transfers the
language to new §3.725, which relates to task force personnel.
The proposed amendment to §3.801 updates the language of subsection
(b) to reflect the current citation for the federal legislation that authorizes
the Local Law Enforcement Block Grant Program.
The proposed amendment to §3.803 deletes the language regarding prohibited
uses of grant funds under the Local Law Enforcement Block Grant Program from
this section, entitled "Program Requirements", and transfers it to new §3.811,
entitled "Ineligible Activities and Costs". The proposed amendment makes the
sections relating to the Local Law Enforcement Block Grant Program more consistent
with the sections relating to other funding sources administered by CJD.
The proposed amendment to §3.901 changes the "Violence Against Women
Act Fund" to the "S.T.O.P. Violence Against Women Act Fund" to reflect the
current name of this federal funding source.
The proposed amendment to §3.903: (1) changes the "STOP Violence Against
Women Act Fund" to the "S.T.O.P. Violence Against Women Act Fund" to reflect
the current name of this federal funding source; and (2) corrects the punctuation
in this section.
The proposed amendment to §3.905 corrects the punctuation in this
section.
The proposed amendment to §3.1005 changes "nonprofit organizations"
to "nonprofit corporations" to ensure the use of uniform language in this
chapter.
The proposed amendment to §3.1101 conforms the program purpose under
the Residential Substance Abuse Treatment Grant Program to the federal requirements
for this funding source.
The proposed amendment to §3.1103 conforms the project requirements
under the Residential Substance Abuse Treatment Grant Program to the federal
requirements for this funding source.
The proposed amendment to §3.1201 updates the language of subsection
(b) to reflect the current citation for the federal legislation that authorizes
the Juvenile Accountability Block Grant Program.
The proposed amendment to §3.1203 conforms the project requirements
under the Juvenile Accountability Block Grant Program to the federal requirements
for this funding source.
The proposed amendment to §3.1205 conforms the list of eligible applicants
and funds available to eligible applicants under the Juvenile Accountability
Block Grant Program to the federal requirements for this funding source.
The proposed amendment to §3.1211 conforms the waiver of application
process under the Juvenile Accountability Block Grant Program to the federal
requirements for this funding source and CJD's procedures.
The proposed amendment to §3.1213: (1) conforms the requirements for
local advisory boards under the Juvenile Accountability Block Grant Program
to the federal requirements for this funding source; and (2) adds the language
regarding coordinated enforcement plan that was transferred to this section
from §3.1215.
The proposed amendment to §3.1303 conforms the project requirements
under the Coverdell Forensic Sciences Program to the federal requirements
for this funding source.
The proposed amendment to §3.2007 clarifies the language in this section
to ensure the use of uniform language in this chapter.
The proposed amendment to §3.2009 exempts grantees that have statewide
jurisdiction to make arrests and execute process in criminal cases from the
requirement that they obtain the signature of each sheriff because such grantees
have statewide jurisdiction and do not require the permission of the counties
to exercise their jurisdiction in each county.
The proposed amendment to §3.2013 clarifies the language in this section
to ensure the use of uniform language in this chapter.
The proposed amendment to §3.2501: (1) clarifies the language in subsection
(a) to ensure the use of uniform language in this chapter; (2) encourages
grantees to use every effort to ensure that grant officials have access to
e-mail and the Internet to promote a more efficiency flow of information and
greater cost savings to the state and grantees; (3) adds a reasonable time
limit for notifying CJD of changes in grant officials and contact information
because current information of this type is necessary for CJD to effectively
administer and monitor grants.
The proposed amendment to §3.2507 clarifies the language in this section
to ensure the use of uniform language in this chapter.
The proposed amendment to §3.2511: (1) clarifies that advanced funds
covering no more than the anticipated expenses for the next month may be provided
to a grantee by CJD; (2) exempts Local Law Enforcement Block Grant projects
from subsection (a) because the federal requirements for this funding source
allow grantees to receive advanced funds covering the entire amount of the
grant in certain instances; and (3) requires Crime Stoppers Assistance Fund
grantees to request funds once per quarter because of the small size of the
grants under this funding source.
The proposed amendment to §3.2513 corrects the reference in this section
to indicate that "approved budget categories" is defined in §3.3(10).
The proposed amendment to §3.2515 changes "nonprofit agency" to "nonprofit
corporation" to ensure the use of uniform language in this chapter.
The proposed amendment to §3.2525 clarifies that grantees are responsible
for managing and monitoring the day to day operations of grant and subgrant
supported activities to ensure that grant funds are being properly utilized.
The proposed amendment to §3.2529 clarifies the language in this section
to ensure the use of uniform language in this chapter and corrects the punctuation
in this section.
The proposed amendment to §3.2601 clarifies the language in this section
to ensure the use of uniform language in this chapter.
The proposed amendment to §3.2603 clarifies the language in this section
to ensure the use of uniform language in this chapter.
The proposed amendment to §3.8105 conforms the powers of the Crime
Stoppers Advisory Council to the powers stated in Chapter 414 of the Texas
Government Code.
The proposed amendment to §3.8115 italicizes the name of the publication,
"
Roberts Rules of Order
".
The proposed amendment to §3.8205 updates the language of subsection
(a)(3) to reflect the current citation for the Juvenile Justice and Delinquency
Prevention Act.
The proposed amendment to §3.8215 italicizes the name of the publication,
"
Roberts Rules of Order
".
The proposed amendment to §3.8305 changes the "STOP Violence Against
Women Act Fund" to the "S.T.O.P. Violence Against Women Act Fund" to reflect
the current name of this federal funding source.
The proposed amendment to §3.8315 italicizes the name of the publication,
"
Roberts Rules of Order
".
The proposed amendment to §3.9300 replaces the memorandum of understanding
in Figure: 1 TAC §3.900 between the Texas Department of Public Safety
and CJD with the most recent version of the memorandum of understanding adopted
by the parties pursuant to §411.0096 of the Texas Government Code.
The proposed addition of §3.211 conforms the list of ineligible activities
and costs under the Juvenile Justice and Delinquency Act Fund to the federal
requirements for this funding source.
The proposed addition of §3.313 establishes local prevention policy
boards in accordance with the requirements of the Title V Delinquency Prevention
Act Fund.
The proposed addition of §3.725: (1) adds the language regarding task
force personnel that was transferred to this section from §3.723; and
(2) clarifies that, although the Texas Department of Public Safety exercises
command and control over all narcotics task forces funded by the Byrne Formula
Grant Program through CJD, task force employees remain employees of their
assigning agencies and are not considered employees of the Texas Department
of Public Safety or the other entities listed in this section.
The proposed addition of §3.809 conforms requirements regarding indirect
costs under the Local Law Enforcement Block Grant Program to the federal requirements
for this funding source.
The proposed addition of §3.811 adds to this section, entitled "Ineligible
Activities and Costs", the language regarding prohibited uses of grant funds
under the Local Law Enforcement Block Grant Program that was deleted from §3.803,
entitled "Program Requirements". The proposed amendment makes the sections
relating to the Local Law Enforcement Block Grant Program more consistent
with the sections relating to other funding sources administered by CJD.
The proposed addition of §3.1111 conforms the list of ineligible activities
and costs under the Residential Substance Abuse Treatment Grant Program to
the federal requirements for this funding source.
The proposed repeal of §3.1215 deletes the language regarding coordinated
enforcement plan from this section and transfers it to §3.1213.
The proposed repeal of §§3.1401, 3.1403, 3.1405, 3.1409, 3.1411,
3.1413, and 3.1415 deletes the language regarding the Rural Domestic Violence
and Child Victimization Enforcement Program because CJD no longer administers
this funding source.
The Office of the Governor reviewed the rules affecting the Criminal Justice
Division grant processes and procedures with the goal of increasing efficiency
and updating the rules to address changes in the administration process. The
review disclosed that a number of the rules required further clarification
and simplification. As a result, the Office of the Governor has determined
that the sections in the Texas Administrative Code identified above should
be amended, added, or repealed.
Kim Garrett, Budget Manager for the Criminal Justice Division of the Office
of the Governor, has determined that for the first five-year period the sections
are in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the sections.
Ms. Garrett has also determined that for the first five-year period that
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be more efficient processes and procedures and the current
rules will be more easily understood. There will be no anticipated economic
cost to persons or businesses for complying with the proposed rules.
Comments on the proposed amendments, additions, and repeals may be submitted
to Heather Morgan, Office of the Governor, Criminal Justice Division, at hmorgan@governor.state.tx.us;
P. O. Box 12428, Austin, Texas 78711; or (512) 463-1919. Comments must be
received no later than 30 days from the date of publication of the proposal
in the
Texas Register
.
Subchapter A. GENERAL GRANT PROGRAM PROVISIONS
1 TAC §§3.3, 3.5, 3.7, 3.9, 3.19, 3.21
The amendment of these rules is proposed under §772.006(a)(10)of
the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.3.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless otherwise indicated:
(1)
CJAC: Criminal Justice Advisory Committee, a component
of a COG. A CJAC must have a multi-disciplinary representation of members
from the region. This representation must contain members from the following
groups: concerned citizens or parents, drug abuse prevention, education, juvenile
justice, law enforcement, mental health, nonprofit organizations, prosecution/courts,
and victim services. No single group may constitute more than one third of
the CJAC;
(2)
CJD: The Criminal Justice Division of the Office of the
Governor or its designee;
(3)
COG: a regional planning commission, council of governments,
or similar regional planning agency created under Chapter 391, Texas Local
Government Code;
(4)
executive director: the executive director of CJD;
(5)
grantee: an agency or organization that receives a grant
award;
(6)
grant funds: CJD-funded and matching funds portions of
a grant project;
(7)
OJP Financial Guide: the financial guide issued by the
federal Office of Justice Programs, United States Department of Justice, applicable
to the use of federal Department of Justice money in state grant projects;
(8)
special condition: a condition placed on a grant because
of a need for information, clarification, or submission of an outstanding
requirement of the grant that may result in a hold being placed on the CJD-funded
portion of a grant project;
(9)
UGMS: the Uniform Grant Management Standards promulgated
by the Governor's Office of Budget and Planning at 1 T.A.C. §§5.141
- 5.167;
(10)
approved budget categories: budget categories (including
personnel, contractual and professional services, travel, equipment, construction,
supplies and other direct operating expenses, and indirect costs) that contain
a line item with a dollar amount greater than zero that is approved by CJD
through a grant award or a budget adjustment;
(11)
applicant: an agency or organization that has submitted
a grant application or grant renewal documentation;
(12)
program income: gross income earned by the grantee during
the funding period as a direct result of the award. "Direct result" is defined
as a specific act or set of activities that are directly attributable to grant
funds and that are directly related to the goals and objectives of the project.
Program income includes, but is not limited to, forfeitures, cash contributions,
donations, restitution, interest income, fees, and royalties;
(13)
equipment:
(A)
an article of non-expendable, tangible personal property
having a useful life of more than one year and an acquisition cost which equals
the lesser of the capitalization level established by the grantee for financial
statement purposes or $1,000; or
(B)
any of the following items with costs between $500 and
$1000: stereo systems, still and video cameras, facsimile machines, VCRs and
VCR/TV combinations, cellular and portable telephones, and computer systems.
(14)
matching funds: the grantee's share of the project costs.
Matching funds may either be cash or in-kind. Cash match includes actual cash
spent by the grantee and must have a cost relationship to the award that is
being matched. In-kind match includes the value of donated services. In-kind
match is allowed only in the following funding sources: Title V Delinquency
Prevention Fund, Victims of Crime Act Fund, and
S.T.O.P.
Violence
Against Women Act Fund.
§3.5.Grant Submission Process.
(a)
When applying for a grant pursuant to a Request for Applications
(RFA) published in the
Texas Register
by CJD,
applicants must submit their applications according to the requirements provided
in the RFA. The RFA will provide the following:
(1)
the applicable funding source or sources;
(2)
the
types
[
(3)
information regarding deadlines for grant application submission;
(4)
the maximum and minimum amounts of funding available for
a grant, if applicable;
(5)
the start dates for grants, and the length of grant periods;
(6)
how applicants may obtain application kits;
(7)
where applicants must submit applications;
(8)
eligibility requirements;
(9)
the selection process;
(10)
any prohibitions on the use of grant funds; and
(11)
contact information.
(b)
CJD may also consider applications for [
(c)
Applicants must apply for funds using the procedures, forms,
and certifications prescribed by CJD.
§3.7.Selection Process.
(a)
All applications must be submitted to CJD. Applications
submitted to CJD pursuant to an RFA are reviewed
[
(b)
For applications submitted [
(1)
the inherent value of the project's impact;
(2)
whether the project has the potential to be a model program;
or
(3)
whether delaying the application would have a significant
negative impact on the immediate need for the project.
(c)
For applications
prioritized by
[
(d)
For applications
prioritized by a COG and
seeking
funding [
(e)
During the review of an application, CJD or
its designee
[
[
[
[
(f)
CJD will inform applicants in writing of funding decisions
on their grant applications through either a Statement of Grant Award or a
notification of denial. For applications
prioritized by
[
(g)
All funding decisions made by the executive director are
final and are not subject to appeal.
§3.9.Grant Funding Decisions.
(a)
All
grant funding
decisions [
(b)
Neither the approval of a project nor any
[
(c)
CJD makes no commitment that
a grant, once funded, will receive priority consideration for subsequent funding.
§3.19.Adoptions by Reference.
(a)
Grantees must comply with all applicable state and federal
statutes, rules, regulations, and guidelines. In instances where both federal
and state requirements apply to a grantee, the more restrictive requirement
applies.
(b)
CJD adopts by reference the rules and documents listed
below that relate to the administration of CJD grants.
(1)
Uniform Grant Management Standards (UGMS) adopted pursuant
to the Uniform Grant and Contract Management Act of 1981, Chapter 783, Texas
Government Code. See 1 T.A.C. §§5.141 - 5.167. These requirements
apply to all CJD grants, whether state or federal funds, including grants
to nonprofit corporations.
(2)
Office of Justice Programs, OJP Financial Guide. These
requirements apply to grants of federal funds in which the source of the federal
funds is the U.S. Department of Justice.
(3)
Education Department General Administrative Regulations
(EDGAR). See 34 C.F.R. §§74, 75, 76, 77, 79, 80, 81, 82, 85, and
86. These requirements apply to grants of federal funds in which the source
of the federal funds is the U.S. Department of Education.
(4)
Common Rule for OMB Circular A-102: Grants and Cooperative
Agreements with State and Local Governments. See 28 C.F.R. §66. These
requirements apply to grants from federal funds to state agencies, cities,
counties, community supervision and corrections departments, COGs, and juvenile
boards.
(5)
OMB Circular No. A-110: Uniform Administrative Requirements
for Grants and Agreements with Institutions of Higher Education, Hospitals,
and Other Private Nonprofit Organizations. See 28 C.F.R. §70. These requirements
apply to grants from federal funds to universities and colleges.
(6)
OMB Circular No. A-21: Cost Principles for Educational
Institutions. See 28 C.F.R. §66. These requirements apply to grants from
federal funds to educational institutions.
(7)
OMB Circular No. A-87: Cost Principles for State, Local,
and Indian Tribal Governments. See 28 C.F.R. §66. These requirements
apply to all grants from federal funds to state agencies, cities, counties,
community supervision and corrections departments, COGs, juvenile boards,
and Native American Tribes.
(8)
OMB Circular No. A-122: Cost Principles for Private Nonprofit
Organizations. See 28 C.F.R. §66. These requirements apply to all grants
from federal funds to private nonprofit corporations.
(9)
OMB Circular No. A-133: Audits of States, Local Governments,
and Nonprofit Organizations. See 28 C.F.R. §66, §70. These requirements
apply to all grants funded by CJD from federal funds.
(10)
Texas Review and Comment System
(TRACS)
. See
1 T.A.C. §5.191 et seq. Developed in response to Presidential Executive
Order 12372, as amended by Presidential Executive Order 12416. These requirements
apply to all grants funded by CJD, except for those funded under the Crime
Stoppers Assistance Fund
, State Criminal Justice Planning (421) Fund,
Victims of Crime Act Fund, and Drug Court Program. Participation in TRACS,
including receiving a favorable review, does not assure grant funding
.
§3.21.Use of the Internet.
(a)
CJD may
transmit notices, forms, or
[
(b)
CJD may require an applicant
or grantee to submit grant applications, progress reports, financial reports,
and other information to CJD via the Internet or other electronic means. Completion
and submission of information via electronic means meets the relevant requirements
contained within this chapter for submitting information in writing.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 29, 2004.
TRD-200402154
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1.
ELIGIBILITY REQUIREMENTS
1 TAC §3.53, §3.55
The amendment of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.53.Juvenile Justice and Youth Projects.
(a)
Juvenile justice projects or projects
[
(1)
Family. [
(A)
Instill appropriate social values and character in children
, with an emphasis toward education
.
(B)
Emphasize family preservation
, with the focus on identifying
juvenile victims, and addressing the impact of domestic violence
[
(C)
Make available
[
(D)
Provide services to children of incarcerated parents
and/or children living in foster care or other alternative situations
[
(E)
Recognize the role of faith-based
programs in preventing juvenile delinquency.
(2)
Early Intervention and Prevention. [
(A)
Address, through community-based efforts, conditions contributing
to delinquent behavior, including drug and alcohol abuse.
(B)
Address a need for early identification of, and programs
for, emotionally disturbed children and children with mental health concerns
[
[
[
(3)
Schools/Education. [
(A)
Train educational and law enforcement personnel
assigned
to schools concerning procedures related to the
[
(B)
Maintain a safe and productive learning environment
by supporting
[
(C)
Teach good citizenship, literacy, and vocational skills.
(D)
Identify and
target
[
(4)
Safe Environment
[
(A)
Counteract gangs through aggressive and comprehensive
approaches that include identification, surveillance, arrest, and prosecution
of gang members involved in criminal activities
[
(B)
Involve the local community in comprehensive efforts
to deal with
[
(5)
Juvenile Justice Policies, Procedures and Facilities
[
(A)
Support progressive sanctions for misconduct and delinquent
behavior
[
(B)
Develop computer information systems that will match
children and families to appropriate service providers based on risk and needs
profiles
[
(C)
Provide appropriate dispositions
to mentally ill youth or youth with mental retardation who are accused of
committing crimes.
(D)
Develop projects that target
female offenders.
[
[
[
[
[
(b)
Juvenile justice projects or
[
(c)
Applicants that operate
adult jails, lockups,
secure
juvenile detention
facilities
or
secure juvenile
correctional
facilities that are not in compliance with
Title II, Part B, §223(a)(11),
(12), and (13) of
the Juvenile Justice and Delinquency Prevention Act
of
2002
[
§3.55. Legal Services for Adult Offenders [
[
[
[
[
[
[
[
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402155
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.75, 3.77, 3.79, 3.81, 3.83, 3.85
The amendment of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.75.Personnel.
(a)
CJD will determine the reasonableness of requested salaries
and reserves the right to limit the CJD-financed portion of any salary. In
determining reasonableness, the following rules apply:
(1)
Salaries for grant-funded positions must comply with the
grantee's or applicant's salary classification schedule for employees of the
applicant agency. Salaries for persons assigned to the grant project from
agencies other than the applicant must be reimbursed in accordance with the
assigning agency's salary classification schedule.
(2)
If the applicant or assigning agency does not have a classification
schedule, then the proposed salary must be commensurate with that paid for
similar work in other activities of the applicant or assigning agency. In
cases where such work is not found within the applicant or assigning agency,
CJD will consider reasonableness based on that paid for similar work in the
labor market in which the applicant or assigning agency competes for the kind
of employees involved.
(3)
CJD will not pay any portion of the salary of, or any other
compensation for, an elected or appointed government official. Grants
that fund juvenile courts or drug courts, regardless of the funding source,
[
(b)
Personnel compensated with grant funds must maintain on
file personnel activity reports that reflect a distribution of actual time
worked and activity performed, that are prepared at least monthly, and that
are signed by the employee and a supervisory official having first hand knowledge
of the work performed by the employee. Law enforcement and prosecution grant
personnel whose primary function is investigating or enforcing laws or prosecuting
alleged offenders are required to include the project's case or cause number
(or other indicators of assignment) in the personnel activity report.
(c)
Grantees may not use grant funds to provide overtime pay.
Overtime pay is remuneration for hours worked in excess of full-time on a
CJD grant project. Grants under the [
(d)
Grantees may not carry forward accrued leave from one grant
period to another. In accordance with a grantee's or subgrantee's policy,
grantees may use grant funds to compensate staff members leaving employment
for accrued leave, (which includes, but is not limited to, annual leave, compensatory
time, and sick leave). These payments may only fund leave earned during the
current grant period. The proportion of grant funds paid for leave cannot
exceed the proportion of grant funds used to pay the staff member's salary.
[
§3.77.Professional and Contractual Services.
(a)
Any contract or agreement entered into by a grantee that
obligates grant funds must be in writing and consistent with Texas contract
law.
(b)
Grantees must maintain adequate documentation supporting
budget items for a contractor's time, services, and rates of compensation.
(c)
Grantees must establish a contract administration
system to regularly and consistently ensure that contract deliverables are
being provided as specified in the contracts. Grantees must regularly and
consistently document the results of their contract monitoring reviews and
must maintain the files and results of all contract monitoring reviews in
accordance with the record retention requirements described in §3.2505
of this chapter
[
(d)
A grantee's failure to monitor
its contracts may result in disallowed costs and/or disallowed match.
(e)
In accordance with §3.2013
of this chapter, grantees must submit to CJD a CJD-prescribed Procurement
Questionnaire when a procurement is expected to exceed $100,000 or upon CJD
request.
§3.79.Transportation, Travel, and Training.
(a)
Grant funds used for travel expenses must be limited to
the grantee agency's established mileage, per diem, and lodging policies.
Federal regulations applicable to the relevant funding source may limit mileage
reimbursement rates. If a grantee does not have established mileage, per diem,
and lodging policies, then the grantee must use state travel guidelines. Funds
requested by multi-jurisdictional task forces for meals and lodging are allowable
only for travel to points at least 50 miles from the grantee agency's headquarters.
(b)
Grantees using grant funds to develop and conduct training
may not use grant funds to pay for transportation, lodging, per diem, or any
related costs for participants. Crime Stoppers training projects and
S.T.O.P.
Violence Against Women Act Fund projects are exempt from this
subsection
[
(c)
A person attending training courses paid for with grant
funds must complete the course. Grantees must maintain records that properly
document the completion of all grant-funded training courses.
§3.81.Equipment.
(a)
Applicants must submit with their grant applications an
itemized list of all proposed equipment purchases to CJD for approval. Grantees
must request any additional equipment purchases through grant adjustments.
Grantees are not authorized to purchase any equipment until they have received
written approval to do so from CJD through the original grant award or a subsequent
grant adjustment notice. Decisions regarding equipment purchases are made
based on whether or not the grantee has demonstrated that the requested equipment
is necessary, essential to the successful operation of the grant project,
and reasonable in cost.
(b)
CJD will not approve grant funds to purchase vehicles or
equipment for governmental agencies that are for general agency use. The Local
Law Enforcement Block Grant program and the County Essential Services Grant
program are exempt from this
subsection
[
(c)
CJD will not approve grant funds for the purchase of weapons,
ammunition, explosives, or military vehicles.
(d)
In accordance with §3.2013 of this chapter, grantees
must submit to CJD a CJD-prescribed Procurement Questionnaire when a procurement
is expected to exceed $100,000 or upon CJD request.
§3.83.Supplies and Direct Operating Expenses.
(a)
Supplies and direct operating expenses are costs directly
related to the grantee's day-to-day operation of the grant project that are
not included in any of the grantee's other approved budget categories, as
defined in
§3.3(10)
[
(b)
CJD will not approve grant funds to purchase:
(1)
admission fees or tickets to any amusement park, recreational
activity, or sporting event; or
(2)
promotional gifts.
(c)
Unless otherwise allowed by this chapter, grantees cannot
use grant funds to pay for food, meals, beverages, or other refreshments unless
the expense is for a working event where full participation by participants
mandates the provision of food and beverages and that event is not related
to amusement and/or social activities in any way.
(d)
Grant funds shall not be used to pay membership dues for
individuals.
§3.85.Indirect Costs.
(a)
CJD may approve indirect costs in an amount not to exceed
two percent of the CJD-approved direct costs in the CJD-funded portion of
a grant project, unless the grantee has an approved cost-allocation plan.
(b)
If the applicant has a cost-allocation plan and wishes
to charge indirect costs to the grant, the applicant shall identify the indirect
cost rate and provide supporting documentation as part of the application
to CJD.
(c)
Unless otherwise specified under Subchapter C, indirect
costs are allowable under CJD grants in accordance with applicable state and
federal guidelines.
(d)
The Juvenile Accountability Block Grant Program is exempt
from this
section
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402157
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1.
STATE CRIMINAL JUSTICE PLANNING (421) FUND
1 TAC §3.103, §3.111
The amendment of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.103.Project Requirements.
Grant applications must
:
[
(1)
focus on reducing crime and
improving the criminal and juvenile justice systems; and
(2)
meet the requirements of §3.53
of this chapter.
§3.111. Ineligible Activities [
Grantees may not use grant funds to pay for serving adult offenders
charged with, given deferred adjudication for, or convicted of, violent or
other serious crimes including murder, arson, robbery, sexual assault, aggravated
sexual assault, burglary, felony drug crimes, crimes against children, kidnapping,
aggravated kidnapping, and manslaughter, unless the executive director grants
an exception. The executive director may approve exceptions to this prohibition.
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402158
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.201, 3.203, 3.211
The amendment and addition of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended and added rules implement §772.006(a) of the Texas Government
Code, which requires the Office of the Governor, Criminal Justice Division,
to award and administer state and federal grant programs, and to assist the
governor in developing policies, plans, programs, and proposed legislation
for improving the coordination, administration, and effectiveness of the criminal
justice system.
No other statutes, articles, or codes are affected by the amendment or
addition of these rules.
§3.201.Source and Purpose.
(a)
All rules in this division relate to the Juvenile Justice
and Delinquency Prevention Act Fund. The funding agency for the source of
these federal funds is the U.S. Department of Justice. Grantees must comply
with the applicable grant management standards adopted under §3.19 of
this chapter.
(b)
These federal funds are authorized under the Juvenile Justice
and Delinquency Prevention Act of
2002
[
(c)
In addition to the rules related to this funding source
contained in this chapter, applicants and grantees must comply with the federal
regulations at 28 C.F.R. §31, which are hereby adopted by reference.
(d)
The purpose of this grant program
is to develop more effective education, training, research, prevention, diversion,
treatment, and rehabilitation programs in the area of juvenile delinquency
and programs to improve the juvenile justice system.
§3.203.Project Requirements.
(a)
Projects must meet the requirements of §3.53
of this chapter.
(b)
Grant funds can support projects
to prevent juvenile delinquency including:
(1)
Community Based Alternatives to Incarceration.
This includes projects that serve youth who need temporary placement such
as crisis intervention, shelter, and after-care; and projects that serve youth
who need residential placement such as a continuum of foster care or group
home alternatives that provide access to a comprehensive array of services.
(2)
Strengthening Families. This includes community
based programs and services that work with:
(A)
parents and other family members to strengthen
families, including parent self-help groups, so that juveniles may be retained
in their homes;
(B)
juveniles during their incarceration, and with
their families, to ensure the safe return of such juveniles to their homes
and to strengthen the familes; and
(C)
parents with limited English-speaking ability,
particularly in areas where there is a large population of families with limited-English
speaking ability.
(3)
Collaboration of Local Systems. This includes
programs that meet the needs of youth through the collaboration of the many
local systems before which a youth may appear, including schools, courts,
law enforcement agencies, child protection agencies, mental health agencies,
welfare services, health care agencies, and private nonprofit agencies offering
youth services.
(4)
Treatment for Victims. This includes programs
that provide treatment to juvenile offenders who are the victims of child
abuse or neglect, and to their families, in order to reduce the likelihood
that such offenders will commit subsequent violations of law.
(5)
Educational Programs and Supportive Services.
This includes programs that:
(A)
encourage juveniles to remain in elementary
or secondary schools or in alternative learning situations;
(B)
provide services to assist juveniles in making
the transition to the world of work and self-sufficiency; and
(C)
enhance coordination with the local schools
that such juveniles would otherwise attend, to ensure that:
(i)
the instruction that juveniles receive outside
school is closely aligned with the instruction provided in school; and
(ii)
information regarding any learning problems
identified in such alternative learning situations are communicated to the
schools.
(6)
Probation. This includes programs that expand
the use of probation officers to address the following:
(A)
permitting nonviolent juvenile offenders (including
status offenders) to remain at home with their families as an alternative
to incarceration or institutionalization; and
(B)
ensuring juveniles follow the terms of their
probation.
(7)
Counseling, Training, and Mentoring. This includes
programs in support of academic tutoring, vocational and technical training,
and drug and violence prevention counseling that are designed to link at-risk
juveniles, juvenile offenders, or juveniles who have a parent who is or was
incarcerated, with responsible individuals who are properly trained.
(8)
Learning Disabilities. This includes programs
that are designed to develop and implement projects relating to juvenile delinquency
and learning disabilities, including on-the-job training programs to assist
community services, law enforcement, and juvenile justice personnel to more
effectively recognize and provide for learning disabled and other juveniles
with disabilities.
(9)
Gangs. This includes programs designed to deter
involvement in illegal activities and to promote involvement in lawful activities
on the part of gangs whose membership is substantially composed of youth.
(10)
Drug Treatment. This includes programs designed
to provide for the treatment of youths' dependence on or abuse of alcohol
or other addictive or non-addictive drugs.
(11)
Positive Youth Development. This includes programs
that promote positive youth development by assisting delinquent and other
at-risk youth in obtaining a sense of safety and structure; a sense of belonging
and membership; a sense of self-worth and social contribution; a sense of
independence and control over life; and, a sense of closeness in interpersonal
relationships.
(12)
Diversion. This includes programs that encourage
the courts to develop and implement a continuum of post-adjudication restraints
that bridge the gap between traditional probation and confinement in a correctional
setting.
(13)
Language and Other Barriers. This includes
programs (including referral to literacy programs and social service programs)
to assist families with limited English-speaking ability that include delinquent
juveniles to overcome language and other barriers that may prevent the complete
treatment of juveniles and the preservation of their families.
(14)
Hate Crimes. This includes programs designed
to prevent and to reduce hate crimes committed by juveniles.
(15)
After-School Programs. This includes after-school
programs that provide at-risk juveniles and juveniles in the juvenile justice
system with a range of age-appropriate activities, including tutoring, mentoring,
and other educational and enrichment activities.
(16)
Post-Placement Services to Adjudicated Juveniles.
This includes community based programs that provide follow-up and post-placement
services to adjudicated juveniles, to promote successful reintegration into
the community.
(17)
Protect the Rights of Juveniles. This includes
programs designed to protect the rights of juveniles affected by the juvenile
justice system.
(18)
Mental Health Services for Incarcerated Juveniles.
This includes programs designed to provide mental health services for incarcerated
juveniles suspected to be in need of such services, including assessment,
development of individualized treatment plans, and discharge plans.
§3.211.Ineligibile Activities and Costs.
Grantees may not use grant funds to pay for the following services,
activities, and costs:
(1)
construction;
(2)
medical services;
(3)
fundraising activities;
(4)
lobbying activities; and
(5)
any expense or service that is readily available at no
cost to the grant project or that is provided by other federal, state, or
local funds.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402159
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.301, 3.303, 3.305, 3.313
The amendment and addition of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended and added rules implement §772.006(a) of the Texas Government
Code, which requires the Office of the Governor, Criminal Justice Division,
to award and administer state and federal grant programs, and to assist the
governor in developing policies, plans, programs, and proposed legislation
for improving the coordination, administration, and effectiveness of the criminal
justice system.
No other statutes, articles, or codes are affected by the amendment or
addition of these rules.
§3.301.Source and Purpose.
(a)
All rules in this division relate to the Title V Delinquency
Prevention Act Fund. The funding agency for the source of these federal funds
is the U.S. Department of Justice. Grantees must comply with the applicable
grant management standards adopted under §3.19 of this chapter.
(b)
These federal funds are authorized under the Juvenile Justice
and Delinquency Prevention Act of
2002
[
(c)
The program's purpose is
[
§3.303.Project Requirements.
Projects must:
(1)
meet the requirements of §3.53 of this chapter;
(2)
provide juvenile
[
(A)
alcohol and substance abuse
prevention services;
(B)
tutoring and remedial education;
(C)
child and adolescent health
and mental health services;
(D)
recreation services;
(E)
leadership and youth development
activities;
(F)
teaching accountability;
(G)
assistance in the development
of job training; and
(H)
other data-driven evidence
based prevention programs.
[
[
[
[
§3.305.Eligible Applicants.
[
[
§3.313.Prevention Policy Board.
Before an applicant may receive the CJD-funded portion of a grant project,
the applicant must have a local prevention policy board that will direct the
project and develop a three-year delinquency prevention plan. The plan serves
as the project narrative and must follow the general format for a project
narrative as outined in the grant application.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402160
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §3.401, §3.403
The amendment of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.401.Source and Purpose.
(a)
All rules in this division relate to the Safe and Drug-Free
Schools and Communities Act Fund. The funding agency for the source of these
federal funds is the U.S. Department of Education. Grantees must comply with
the applicable grant management standards adopted under §3.19 of this
chapter.
(b)
These federal funds are authorized under the Elementary
and Secondary Education
Authorization
Act, Title IV, Part A, Subpart
1, §§4001-4117,
20 U.S.C. 7101 et seq.,
as amended [
(c)
In addition to the rules related to this funding source
contained in this chapter, applicants and grantees must comply with the federal
regulations at 34 C.F.R. §76, which are hereby adopted by reference
[
(d)
The purpose of this grant program is to implement
the following drug and violence prevention services:
[
(1)
complementing and supporting
local educational agency activities, including developing and implementing
activities to prevent and reduce violence associated with prejudice and intolerance;
(2)
disseminating information about
drug and violence prevention;
(3)
developing and implementing
community-wide drug and violence prevention planning and organizing;
(4)
fostering a safe and drug-free
learning environment that supports academic achievement;
(5)
preventing and reducing violence;
the use, possession and distribution of illegal drugs; and delinquency;
(6)
creating a well disciplined
environment conducive to learning; and
(7)
promoting the involvement of
parents.
§3.403.Project Requirements.
(a)
Projects must meet the requirements of §3.53
of this chapter.
[
[
[
(b)
Priority is given
[
(1)
children and youth who are not normally served by state
educational agencies or local educational agencies; or
(2)
populations that need special services or additional resources
(such as youth in juvenile detention facilities, runaway or homeless children
and youth, pregnant and parenting teenagers, and school dropouts).
(c)
Special
[
(d)
Projects must meet the following principles of effectiveness
[
(1)
be based on an assessment of objective data regarding
the incidence of violence and illegal drug use in the elementary schools and
secondary schools and communities to be served, including an objective analysis
of the current conditions and consequences regarding violence and illegal
drug use, including delinquency and serious discipline problems among students
who attend such schools (including private school students who participate
in the drug and violence prevention program) that is based on on-going local
assessment or evaluation
activities [
(2)
be based on an established set of performance measures
aimed at ensuring that the elementary schools, secondary schools, and communities
to be served by the program have a safe, orderly, and drug-free learning environment
[
(3)
be based on scientifically-based research that provides
evidence that the program to be used will reduce violence and illegal
[
(4)
be based on an analysis of
the data reasonably available at the time, of the prevalence of risk factors,
including high or increasing rates of reported cases of child abuse and domestic
violence; protective factors, buffers, assets; or other variables in schools
and communities in the State identified through scientifically-based research;
and
(5)
include meaningful and ongoing
consultation with and input from parents in the development of the application
and administration of the program or activity.
(e)
Grant funds can support projects that provide
[
(1)
age appropriate and developmentally based activities
that:
[
(A)
address the consequences of
violence and the illegal use of drugs, as appropriate;
(B)
promote a sense of individual
responsibility;
(C)
teach students to recognize
social and peer pressure to use drugs illegally and the skills for resisting
illegal drug use;
(D)
engage students in the learning
process; and
(E)
incorporate activities in secondary
schools that reinforce prevention activities implemented in elementary schools.
(2)
activities that involve families, community sectors
(which may include appropriately trained seniors), and a variety of drug and
violence prevention providers in setting clear expectations against violence
and illegal use of drugs and appropriate consequences for violence and illegal
use of drugs.
[
(3)
dissemination of drug and violence prevention information
to schools and the community.
[
(4)
professional development and training for, and involvement
of, school personnel, pupil services personnel, parents, and interested community
members in prevention, education, early identification and intervention, mentoring,
or rehabilitation referral, as related to drug and violence prevention.
[
(5)
drug and violence prevention activities that may include
the following:
[
(A)
community-wide planning and
organizing activities to reduce violence and illegal drug use, which may include
gang activity prevention.
(B)
acquiring and installing metal
detectors, electronic locks, surveillance cameras, or other related equipment
and technologies.
(C)
reporting criminal offenses
committed on school property.
(D)
developing and implementing
comprehensive school security plans or obtaining technical assistance concerning
such plans, which may include obtaining a security assessment or assistance
from the School Security and Technology Resource Center at the Sandia National
Laboratory located in Albuquerque, New Mexico.
(E)
supporting safe zones of passage
activities that ensure that students travel safely to and from school, which
may include bicycle and pedestrian safety programs.
(F)
the hiring and mandatory training,
based on scientific research, of school security personnel (including school
resource officers) who interact with students in support of youth drug and
violence prevention activities under this part that are implemented in the
school.
(G)
expanded and improved school-based
mental health services related to illegal drug use and violence, including
early identification of violence and illegal drug use, assessment, and direct
or group counseling services provided to students, parents, families, and
school personnel by qualified school-based mental health service providers.
(H)
conflict resolution programs,
including peer mediation programs that educate and train peer mediators and
a designated faculty supervisor, and youth anti-crime and anti-drug councils
and activities.
(I)
alternative education programs
or services for violent or drug abusing students that reduce the need for
suspension or expulsion or that serve students who have been suspended or
expelled from the regular educational settings, including programs or services
to assist students to make continued progress toward meeting the State academic
achievement standards and to reenter the regular education setting.
(J)
counseling, mentoring, referral
services, and other student assistance practices and programs, including assistance
provided by qualified school-based mental health services providers and the
training of teachers by school-based mental health services providers in appropriate
identification and intervention techniques for students at risk of violent
behavior and illegal use of drugs.
(K)
programs that encourage students
to seek advice from, and to confide in, a trusted adult regarding concerns
about violence and illegal drug use.
(L)
drug and violence prevention
activities designed to reduce truancy.
(M)
age-appropriate, developmentally-based
violence prevention and education programs that address victimization associated
with prejudice and intolerance, and that include activities designed to help
students develop a sense of individual responsibility and respect for the
rights of others, and to resolve conflicts without violence.
(N)
consistent with the fourth
amendment to the Constitution of the United States, the testing of a student
for illegal drug use or the inspecting of a student's locker for weapons or
illegal drugs or drug paraphernalia, including at the request of or with the
consent of a parent or legal guardian of the student, if the local educational
agency elects to so test or inspect.
(O)
emergency intervention services
following traumatic crisis events, such as a shooting, major accident, or
a drug-related incident that have disrupted the learning environment.
(P)
establishing or implementing
a system for transferring suspension and expulsion records, consistent with §444
of the General Education Provisions Act, 20 U.S.C. 1232g, by a local educational
agency to any public or private elementary school or secondary school.
(Q)
developing and implementing
character education programs, as a component of drug and violence prevention
programs, that take into account the view of parents of the students for whom
the program is intended and such students.
(R)
establishing and maintaining
a school safety hotline.
(S)
community service, including
community service performed by expelled students, and service-learning projects.
(T)
conducting a nationwide background
check of each local educational agency employee, regardless of when hired,
and prospective employees for the purpose of determining whether the employee
or prospective employee has been convicted of a crime that bears upon the
employee's fitness to be responsible for the safety or well-being of children;
to serve in the particular capacity in which the employee or prospective employee
is or will be employed; or to otherwise be employed by the local educational
agency.
(U)
programs to train school personnel
to identify warning signs of youth suicide and to create an action plan to
help youth at risk of suicide.
(V)
programs that respond to the
needs of students who are faced with domestic violence or child abuse.
(6)
the evaluation of any of the
activities authorized under this funding source and the collection of objective
data used to assess program needs, program implementation, or program success
in achieving program goals and objectives.
(f)
Projects must
not duplicate the efforts of the Texas
Education Agency's Safe and Drug-Free Schools Act program or those of local
education agencies with regard to the provision of school-based drug and violence
prevention activities
[
(g)
Projects must
undergo a periodic evaluation to assess
its progress toward reducing violence and illegal drug use in schools to be
served. The results shall be used to refine, improve, and strengthen the program,
and to refine the performance measures, and shall also be made available to
the public upon request, with public notice of such availability provided.
Performance measures, described in the Safe and Drug-Free Schools and Community
Act, §4114(d)(2)(B), consist of:
[
(1)
performance indicators for
drug and violence prevention programs and activities including:
(A)
specific reductions in the prevelance of identified
risk factors; and
(B)
specific increases in the prevalence of protective
factors, buffers, or assets if any have been identified; and
(2)
levels of performance for each
performance indicator.
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402161
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.501, 3.503, 3.505, 3.511
The amendment of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.501.Source and Purpose.
(a)
All rules in this division relate to the Victims of Crime
Act Fund. The funding agency for the source of these federal funds is the
U.S. Department of Justice. Grantees must comply with the applicable grant
management standards adopted under §3.19 of this chapter.
(b)
These federal funds are authorized under the Victims of
Crime Act of 1984 (VOCA), as amended, 42 U.S.C. 10601, et seq. All grants
awarded from this fund must comply with the requirements contained therein.
(c)
The primary purpose of these grants is to provide services
to victims of crime.
In this division, "services" are defined as those
efforts that
[
(1)
respond
[
(2)
assist
[
(3)
assist
[
(4)
provide
[
§3.503.Project Requirements.
Grant funds can support [
(1)
Immediate Health and Safety. Projects should provide services
that respond to the immediate emotional and physical needs (excluding medical
care) of crime victims, such as crisis intervention, accompanying victims
to hospitals for medical examinations, providing victims with hot line counseling,
emergency food, clothing, transportation, and shelter, and providing emergency
services intended to restore the victim's sense of security.
(2)
Mental Health Assistance. These services include aid that
assists the primary and secondary victims of crime.
(3)
Assistance with
Participation
[
(4)
Forensic Examinations. Forensic examinations are allowable
costs only for sexual assault victims and only to the extent that other funding
sources are unavailable or insufficient to pay for the examinations. The examinations
must conform to state evidentiary collection requirements.
(5)
Costs Necessary and Essential to Providing Direct Services.
These include prorated costs of rent, telephone service, transportation costs
for victims to receive services, emergency transportation costs that enable
a victim to participate in the criminal justice system, and local travel expenses
for service providers.
(6)
Special Services. These include services to assist crime
victims with managing practical problems created by victimization including
the following:
(A)
acting on behalf of the victim with other service providers,
creditors, or employers;
(B)
assisting the victim to recover property retained as evidence;
(C)
assisting in filing for compensation benefits; and
(D)
helping the victim to apply for public assistance.
(7)
Personnel Costs. These include costs directly related to
providing services such as staff salaries and fringe benefits and including
malpractice insurance, costs for advertising to recruit grant-funded personnel,
and costs to train paid and volunteer staff.
(8)
Restorative Justice
[
(9)
Other Allowable Costs and Services. CJD does not consider
the
following
services, activities, and costs [
(A)
Skill training for staff.
Grant funds designated for
training shall be used exclusively for developing the skills of direct service
providers
[
(B)
Training [
(C)
Equipment and furniture.
(D)
Purchase or lease
[
(E)
Advanced technologies. This covers information technology
costs associated with purchasing systems, software, or equipment that expand
a grantee's ability to reach and serve crime victims.
(F)
Contracts for specialized professional services. Grantees
may not use a majority of grant funds for contracted services that provide
administrative, overhead, and other indirect costs. Examples of specialized
professional services include the following:
(i)
assistance in filing restraining orders or establishing
emergency custody or visitation rights;
(ii)
emergency psychological or psychiatric services; or
(iii)
interpretation for the deaf or for crime victims whose
primary language is not English.
(G)
Operating costs.
(H)
Supervision of direct service providers.
(I)
Repair or replacement of essential items.
(J)
Training materials for staff.
(K)
Public Presentations. Grant
funds may be used to support presentations that are made in schools, community
centers, or other forums, that are designated to identify crime victims and
provide or refer them to needed services.
§3.505.Eligible Applicants.
(a)
The following applicants are eligible to apply for
grants under this fund: state
[
(b)
All applicants must [
(1)
Demonstrate
[
(2)
Utilize volunteers, unless CJD determines that a compelling
reason exists to waive this requirement
[
(3)
Promote community efforts to
aid crime victims. Applicants should promote, within the community, coordinated
public and private efforts to aid crime victims. Coordination efforts qualify
an organization to receive VOCA funds, but are not activities that can be
supported with VOCA funds.
(4)
Assist victims in applying
for crime victims' compensation benefits.
(5)
Maintain civil rights information.
This requirement includes maintaining statutorily required civil rights statistics
on the race, national origin, sex, age, and disability of victims served,
within the timeframe established by CJD. This requirement is waived when providing
service, such as telephone counseling, where soliciting the information may
be inappropriate or offensive to the crime victim.
(6)
Provide equal services to victims
of federal crimes.
(7)
Provide grant-funded services
at no charge to victims. Any deviation requires prior written approval by
CJD.
(8)
Maintain the confidentiality
of all client-counselor information and research data, as required by state
and federal law.
[
[
[
[
[
[
[
[
§3.511.Ineligible Activities and Costs.
Grantees may not use grant funds to pay for the following services,
activities, and costs:
(1)
lobbying and administrative advocacy;
(2)
perpetrator rehabilitation and counseling or services to
incarcerated individuals;
(3)
needs assessments, surveys, evaluations, and studies;
(4)
prosecution activities;
(5)
fundraising activities;
(6)
reimbursing crime victims for expenses incurred as a result
of the crime;
(7)
Most medical costs. Grantees may not use grant funds for
nursing-home care (except for short-term emergencies), home health-care costs,
in-patient treatment costs, hospital care, and other types of emergency and
non-emergency medical or dental treatment. Grant funds cannot support medical
costs resulting from a
victimization
[
(8)
Relocation expenses. Grant funds cannot support relocation
expenses for crime victims such as moving expenses, security deposits on housing,
rent, and mortgage payments;
(9)
Administrative staff expenses. Grantees may not use grant
funds to pay salaries, fees, and reimbursable expenses associated with administrators,
board members, executive directors, consultants, coordinators, and other individuals
unless the grantees incur the expenses while providing direct services to
crime victims. Grant funds may support administrative time to complete VOCA-required
time and attendance sheets and programmatic documentation, reports, and statistics,
administrative time to maintain crime victims' records, and the prorated share
of audit costs;
(10)
development of protocols, interagency agreements, and
other working agreements;
(11)
costs of sending individual crime victims to conferences;
(12)
activities exclusively related to crime prevention or
community awareness;
(13)
non-emergency legal representation such as for divorces
or civil restitution recovery efforts;
(14)
victim-offender meetings that serve to replace criminal
justice proceedings;
(15)
management and administrative training for executive directors,
board members, and other individuals that do not provide direct services;
(16)
training to persons or groups outside the applicant agency;
however, the grantee may invite staff members from other organizations to
attend training activities held for the grantee's staff if the
VOCA-related
[
(17)
indirect organization costs such as the following: liability
insurance on buildings; major maintenance on buildings; capital improvements;
newsletters, including supplies, printing, postage, and staff time; security
guards and body guards; and employment agency fees;
(18)
any activities or related costs for diligent search;
(19)
job skills training; [
(20)
alcohol or drug abuse treatment
;
[
(21)
Property loss. Grant funds
may not be used to reimburse crime victims for expenses incurred as a result
of a crime, such as insurance deductibles, replacement of stolen property,
funeral expenses, lost wages, and medical bills; and
(22)
non-emergency legal proceedings
such as for divorces or civil restitution recovery efforts.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402162
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.601, 3.609, 3.613
The amendment of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.601.Source and Purpose.
(a)
All rules in this division relate to the Crime Stoppers
Assistance Fund. Grants awarded under this fund are state funds. Grantees
must comply with the applicable grant management standards adopted under §3.19
of this chapter.
(b)
The Crime Stoppers Assistance Fund is established by Article
102.013 of the Texas Code of Criminal Procedure.
(c)
This funding source provides grants to Crime Stoppers organizations
in Texas. CJD intends for the grants to enhance and assist
community
[
§3.609.Indirect Costs.
CJD will not approve the use of grant funds to pay for indirect costs.
The executive director may, in his or her discretion, waive
the requirements
of
this
section
[
§3.613. Effect of Decertification or Expiration of Certification [
(a)
If a grantee [
(b)
If a grantee's certification
expires, the grant awarded to the grantee shall terminate on the date on which
the grantee's certification expires and all unexpended grant funds must be
returned to CJD.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402164
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.721, 3.723, 3.725
The amendment and addition of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended and added rules implement §772.006(a) of the Texas Government
Code, which requires the Office of the Governor, Criminal Justice Division,
to award and administer state and federal grant programs, and to assist the
governor in developing policies, plans, programs, and proposed legislation
for improving the coordination, administration, and effectiveness of the criminal
justice system.
No other statutes, articles, or codes are affected by the amendment or
addition of these rules.
§3.721.Certification of Drug Testing.
Applications
for multi-jurisdictional drug task force projects
under the Byrne Formula Grant Program must include a certification
of drug testing. This document certifies that 25 percent of all personnel
assigned to the project are randomly tested quarterly for illegal narcotics
according to grantee policies. Grantees must have a drug testing policy prior
to receiving grant funds and must maintain documentation on file evidencing
that drug testing was conducted.
§3.723.Multi-jurisdictional Drug Task Force Advisory Boards.
Under the Byrne Formula Grant Program, multi-jurisdictional
drug
task force advisory boards serve only in an advisory capacity to the
task force and the grantee entity. [
§3.725.Task Force Personnel.
All task force personnel remain the employees of their assigning agencies
and are not considered employees of the task force, the multi-jurisdictional
drug task force advisory board, the Texas Department of Public Safety, or
the Governor's Office (including CJD).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402165
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.801, 3.803, 3.809, 3.811
The amendment and addition of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended and added rules implement §772.006(a) of the Texas Government
Code, which requires the Office of the Governor, Criminal Justice Division,
to award and administer state and federal grant programs, and to assist the
governor in developing policies, plans, programs, and proposed legislation
for improving the coordination, administration, and effectiveness of the criminal
justice system.
No other statutes, articles, or codes are affected by the amendment or
addition of these rules.
§3.801.Source and Purpose.
(a)
All rules in this division relate to the Local Law Enforcement
Block Grant Program. The funding agency for the source of these federal funds
is the U.S. Department of Justice. Grantees must comply with the applicable
grant management standards adopted under §3.19 of this chapter.
(b)
These federal funds are authorized under the [
(c)
The program provides funds to projects designed to reduce
crime and improve public safety.
§3.803.Project Requirements.
[
(1)
Law enforcement support for:
(A)
Hiring, training, and employing on a continuing basis,
additional law enforcement officers and necessary support personnel. For the
purposes of this program, a law enforcement officer may be police, corrections,
probation, parole, or judicial officers.
(B)
Paying overtime to currently employed law enforcement officers
and necessary support personnel for the purpose of increasing the number of
hours worked by such personnel.
(C)
Procuring equipment, technology, and other material directly
related to basic law enforcement functions.
(2)
Enhancing security measures in and around schools, and
in and around any other facility or location that the grant recipient considers
a special risk for incidents of crime.
(3)
Establishing or supporting drug courts. To be eligible
for funding, a drug court program must include the following:
(A)
Continuing judicial supervision over offenders who are
substance abusers, but not violent offenders.
(B)
Integrating administration of other sanctions and services
which shall include:
(i)
mandatory periodic testing of each participant for the
use of controlled substances or other addictive substances during any period
of supervised release or probation;
(ii)
substance abuse treatment for each participant;
(iii)
probation or other supervised release that involves the
possible prosecution, confinement, or incarceration because of noncompliance
with program requirements or failure to show satisfactory progress; and
(iv)
programmatic offender management and aftercare services
such as relapse prevention, vocational job training, and job and housing placement.
(4)
Enhancing the adjudication of cases involving violent offenders,
including cases which involve violent juvenile offenders. For the purposes
of this program, violent offender indicates a person charged with committing
a Part I violent crime (murder, rape, robbery, and aggravated assault) as
defined under the Uniform Crime Report (UCR) Program.
(5)
Establishing multi-jurisdictional task forces. The task
force should concentrate on rural areas and be composed of law enforcement
officials who represent units of local government. The task force will work
with federal law enforcement officials to prevent and control crime.
(6)
Establishing crime prevention programs involving cooperation
between community residents and law enforcement personnel to control, detect,
or investigate crime or the prosecution of criminals.
(7)
Defraying the cost of indemnification insurance for law
enforcement officers by supplying insurance for law enforcement officers to
cover damage from willful acts to offenders by officers who are lawfully carrying
out their duties.
[
[
[
[
[
[
[
[
[
§3.809.Indirect Costs.
CJD will not approve the use of grant funds to pay for indirect costs.
§3.811.Ineligible Activities and Costs.
Grantees may not use grant funds to purchase, lease, rent, or acquire
any of the following:
(1)
tanks or armored vehicles;
(2)
fixed-wing aircraft;
(3)
limousines;
(4)
real estate;
(5)
yachts;
(6)
consultants;
(7)
vehicles not primarily used for law enforcement; and
(8)
New construction. However, renovations of facilities are
permitted when specifically approved by Bureau of Justice Assistance and the
Office of the Comptroller. These costs may not exceed 10% of the total federal
funds utilized in a given purpose area.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402166
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.901, 3.903, 3.905
The amendment of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.901.Source and Purpose.
(a)
All rules in this division relate to the
S.T.O.P.
Violence Against Women Act Fund program. The funding agency for the
source of these federal funds is the U.S. Department of Justice. Grantees
must comply with the applicable grant management standards adopted under §3.19
of this chapter.
(b)
These federal funds were originally authorized under the
Violent Crime Control and Law Enforcement Act of 1994; Omnibus Crime Control
and Safe Streets Act of 1968, as amended, §2001-6, 42 U.S.C. 3796gg to
3796gg5, and reauthorized under Division B of the Victims of Trafficking and
Violence Protection Act of 2000, §1103.
(c)
The program's purpose is to assist in developing and strengthening
effective law enforcement and prosecution strategies to combat violent crimes
against women and to develop and strengthen victim services in such cases.
(d)
In addition to the rules related to the funding source
contained in this chapter, applicants and grantees must comply with the federal
regulations in 28 C.F.R. §90, which are hereby adopted by reference.
§3.903.Project Requirements.
(a)
Projects must meet at least one of the eligible purpose
areas established by the federal Violence Against Women Office and codified
at 28 C.F.R. §90.
(b)
In addition to subsection (a) of this section, projects
must address at least one of the following state priorities developed in coordination
with the
S.T.O.P.
[
(1)
Priorities for Victim Services Projects
:
[
(A)
Provide essential victim services related to family violence,
sexual assault, stalking and dating violence.
(B)
Promote outreach and services into under-served communities
for family violence, sexual assault, stalking and dating violence.
(C)
Provide or improve training for victim advocates.
(D)
Establish or maintain a family violence, sexual assault,
stalking, and/or dating violence taskforce that promotes a coordinated community
response, including multi-jurisdictional efforts.
(2)
Priorities for Law Enforcement Projects
:
[
(A)
Promote or improve training for law enforcement agencies
related to family violence, sexual assault, stalking and dating violence.
(B)
Develop specialized family violence, sexual assault, stalking,
dating violence and/or victim service divisions within law enforcement agencies.
(C)
Collaborate, plan and initiate unified policies among the
different law enforcement and social services agencies for family violence,
sexual assault, stalking and dating violence.
(D)
Establish or maintain a family violence, sexual assault,
stalking, and/or dating violence taskforce which promotes a coordinated community
response, including multi-jurisdictional efforts.
(3)
Priorities for Prosecution Projects
:
[
(A)
Develop specialized family violence, sexual assault, stalking,
dating violence and/or victim service divisions within prosecutors' offices.
(B)
Provide or improve training for prosecution agencies related
to family violence, sexual assault, stalking and dating violence.
(C)
Promote outreach and services into underserved communities
for family violence, sexual assault, stalking and dating violence.
(D)
Establish or maintain a family violence, sexual assault,
stalking, and/or dating violence taskforce that promotes a coordinated community
response, including multi-jurisdictional efforts.
(4)
Priorities for Court Projects
:
[
(A)
Promote or improve training for judges and court personnel
related to family violence, sexual assault, stalking and dating violence.
(B)
Provide specialized courts and/or court services aimed
at family violence, sexual assault, stalking, and/or dating violence.
(C)
Provide in-court victims assistance for family violence,
sexual assault, stalking and dating violence victims.
(D)
Promote outreach and services into underserved communities
related to family violence, sexual assault, stalking and dating violence.
§3.905.Eligible Applicants.
State agencies, units of local government, nonprofit corporations,
faith-based organizations, Indian tribal governments, COGs, universities,
colleges, community supervision and corrections departments, and crime control
and prevention districts[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402168
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §3.1005
The amendment of this rule is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rule implements §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
this rule.
§3.1005.Eligible Applicants.
State agencies, nonprofit
corporations
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402169
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.1101, 3.1103, 3.1111
The amendment and addition of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended and added rules implement §772.006(a) of the Texas Government
Code, which requires the Office of the Governor, Criminal Justice Division,
to award and administer state and federal grant programs, and to assist the
governor in developing policies, plans, programs, and proposed legislation
for improving the coordination, administration, and effectiveness of the criminal
justice system.
No other statutes, articles, or codes are affected by the amendment or
addition of these rules.
§3.1101.Source and Purpose.
(a)
All rules in this division relate to the Residential Substance
Abuse Treatment Grant Program
(RSAT)
. The funding agency for the
source of these federal funds is the U.S. Department of Justice. Grantees
must comply with the applicable grant management standards adopted under §3.19
of this chapter.
(b)
These federal funds are authorized under the Omnibus Crime
Control and Safe Streets Act of 1968, §1001, as amended, Public Law 90-351,
42 U.S.C. 3796ff, et seq.
(c)
The
program's
[
§3.1103.Project Requirements.
(a)
Grantees must use grant funds to implement residential
substance abuse projects that provide individual and group treatment for offenders
in residential facilities operated by state and local correctional agencies
, or jail-based substance abuse projects that provide individual and group
treatment activities for offenders in jails and local correctional facilities
.
(b)
Residential
[
(1)
be designed to last
[
(2)
provide treatment in residential treatment facilities that
are set apart from the general correctional population[
(3)
focus on the substance abuse problems of the inmate;
(4)
develop the inmate's cognitive, behavioral, social, vocational,
and other skills to resolve the substance abuse and related problems; and
(5)
require urinalysis or other reliable methods of drug and
alcohol testing
for those enrolled in the residential substance abuse
project and post program while they remain in the custody of the state or
local government
.
(c)
Jail-based substance abuse projects must:
[
(1)
be designed to last for not less than three
months;
(2)
make every effort to set apart the treatment
population from the general correctional population;
(3)
focus on the substance abuse problems of
the inmate;
(4)
develop the inmate's cognitive, behavioral,
social, vocational, and other skills to solve the substance abuse and related
problems; and
(5)
be science-based and effective.
(d)
CJD gives preference to applicants who provide aftercare
services to project participants. Aftercare services should coordinate service
provisions between the correctional treatment program and other human service
and rehabilitation programs such as education and job training, parole supervision,
halfway houses, and self-help and peer group projects that may aid in rehabilitation.
[
(e)
Grantees shall develop an individualized
plan for each offender when the offender enters a residential treatment project.
Corrections treatment projects and state or local substance abuse treatment
projects must work together to place project participants in appropriate aftercare
placement when these individuals complete the program.
§3.1111.Ineligible Activities and Costs.
Grantees may not use grant funds to pay for the following activities
and costs:
(1)
rent or building leases, except for leases of space for
the delivery of treatment services such as offices for counselors and group
events;
(2)
utilities;
(3)
building and lawn maintenance;
(4)
insurance;
(5)
meals and snacks;
(6)
medical and dental care;
(7)
vehicle expenses unless for treatment purposes;
(8)
uniforms for personnel;
(9)
training for continuing education and licensing requirements,
unless this benefit is also provided to all non-RSAT funded personnel.
(10)
administrative costs;
(11)
construction or land acquisition;
(12)
services in a private treatment facility; or
(13)
aftercare services provided after the project participant
is released from the facility.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402170
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.1201, 3.1203, 3.1205, 3.1211, 3.1213
The amendment of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.1201.Source and Purpose.
(a)
All rules in this division relate to the Juvenile Accountability
Block Grant Program. The funding agency for the source of these federal funds
is the U.S. Department of Justice. Grantees must comply with the applicable
grant management standards adopted under §3.19 of this chapter.
(b)
These federal funds are authorized under the
Omnibus
Crime Control and Safe Streets Act of 2002
[
(c)
The program's purpose is to develop programs that promote
greater accountability in the juvenile justice system.
(d)
In addition to the rules related to this funding source
contained in this chapter, applicants and grantees must comply with the federal
regulations contained in 28 C.F.R. §95, which are hereby adopted by reference.
§3.1203.Project Requirements.
[
(1)
Graduated Sanctions. Developing, implementing, and
administering graduated sanctions for juvenile offenders
[
(2)
Corrections/Detention Facilities. Building, expanding,
renovating, or operating temporary or permanent
[
(3)
Court Staffing and Pretrial Services. Hiring
[
(4)
Prosecutors (Staffing). Hiring
[
(5)
Prosecutors (Funding). Providing
[
(6)
Training for Law Enforcement and Court Personnel.
Establishing
[
(7)
Juvenile Gun Courts. Establishing juvenile gun courts
for the prosecution and adjudication of
[
(8)
Juvenile Drug Courts. Establishing
[
(9)
Juvenile Records Systems. Establishing and maintaining
a system of juvenile records designed to promote public safety
[
(10)
Information Sharing. Establishing
[
(11)
Accountability. Establishing
[
(12)
Risk and Needs Assessment. Establishing and maintaining
programs to conduct risk and need assessments of
[
(13)
School Safety. Establishing and maintaining
accountability-based programs that are designed to enhance school safety;
(14)
Restorative Justice. Establishing and
maintaining restorative justice programs;
(15)
Juvenile Courts and Probation. Establishing
and maintaining programs to enable juvenile courts and juvenile probation
officers to be more effective and efficient in holding juvenile offenders
accountable and reducing recidivism; or
(16)
Detention/Corrections Personnel. Hiring
detention and corrections personnel, and establishing and maintaining training
programs for such personnel, to improve facility practices and programming.
[
§3.1205.Eligible Applicants.
(a)
Twenty-five percent of this fund is available for state
discretionary
set-aside grants to state agencies, units of local government
(including crime control and prevention districts),[
(b)
Seventy-five percent of this fund is available for
local/regional formula grants to cities and counties based on a formula combining
juvenile justice expenditures for each unit of local government and the average
annual number of Uniform Crime Report part 1 violent crimes reported for each
unit of local government for the three most recent calendar years for which
data are available
[
(1)
Cities and counties qualifying for a direct
formula allocation of $10,000 or more will receive notice of such allocation.
(2)
Cities and counties that do not qualify
for the $10,000 minimum local/regional formula allocation grants, and Native
American tribal governments and COGs, are eligible to apply for funding to
benefit local governments in accordance with a current RFA issued by CJD.
§3.1211.Waiver of Application.
(a)
Any entity receiving a local allocation
may waive their ability to apply
[
(b)
Funds may be waived to CJD or to another
larger or neighboring city, county, or Native American tribe that will still
benefit the waiving entities area.
(1)
To waive funds to CJD, the entity's governing
body must complete and return to CJD the JABG Waiver of Funds Form provided
in the grant application kit.
(2)
To waive funds to a larger or neighboring
city, county, or Native American tribe, the entity's governing body must complete
and forward the JABG Waiver of Funds Form to the governing body of the city,
county, or Native American tribe intended to receive the funds.
(3)
Failure to complete either a grant application
or JABG Waiver of Funds Form will result in the local allocation reverting
back to CJD.
(c)
Cities, counties, and Native American tribes
requesting funds through the Juvenile Accountability Block Grant program are
responsible for obtaining written authorization from each entity that chooses
to waive an allocation.
(d)
CJD will not award waived funds to a city,
county, or Native American tribe until a signed JABG Waiver of Funds Form
is received.
§3.1213. JABG Local Advisory Board [
(a)
Each
unit of local government that receives
a direct allocation under §3.1205(b)(1)
[
(b)
The local advisory board must develop a
coordinated enforcement plan for the use of grant funds received under §3.1205(b)(1),
based on an analysis of the local juvenile justice system needs. The analysis
determines the most effective use of grant funds within the sixteen program
purpose areas that apply to those grant funds. The plan serves as the project
narrative and summary and must follow the general format for a project narrative
and summary as outlined in the application.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402171
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §3.1215
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the Office of
the Governor or in the Texas Register office, Room 245, James Earl Rudder
Building, 1019 Brazos Street, Austin.)
The repeal of this rule is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The repealed rule implements §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the repeal of this
rule.
§3.1215.Coordinated Enforcement Plan for Reducing Juvenile Crime.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402173
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §3.1303
The amendment of this rule is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rule implements §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
this rule.
§3.1303.Project Requirements.
(a)
All projects funded through this program must be accredited
by the Laboratory Accreditation Board of the American Society of Crime Laboratory
Directors or the National Association of Medical Examiners. In addition, projects
must:
(1)
Employ one or more full-time
scientists
[
(2)
Demonstrate improvement over current operations in the
average number of days between submission of a sample to a forensic science
laboratory and the delivery of test results to the requesting office or agency.
(3)
Assure that all project personnel comply with 28 C.F.R.
Part 22 regarding protection of personally identifiable information that may
be collected for research or statistical purposes.
(b)
Allowable expenditures are limited to the following:
(1)
Laboratory and computer equipment including upgrading,
replacing, and purchasing laboratory equipment, instrumentation, and computer
hardware or software for forensic analyses and data management.
(2)
Supplies include laboratory items needed to perform analyses
and to conduct validation studies, and other expenses directly attributable
to conducting various types of forensic analyses.
(3)
Costs associated with personnel, such as overtime, fellowships,
visiting scientists, interns, consultants or contracted staff (funds may not
be used for salaries or wages for state or local personnel).
(4)
Facility improvements including benches, cabinets, interior
dividing walls, evidence storage rooms, or extraction rooms when it can be
demonstrated that these items will improve the effectiveness and credibility
of the laboratory.
(5)
Education and training, including internal and external
training and continuing education, that is directly applicable to the job
position and duties of the individuals receiving the training.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402172
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.1401, 3.1403, 3.1405, 3.1409, 3.1411, 3.1413, 3.1415
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the Office of
the Governor or in the Texas Register office, Room 245, James Earl Rudder
Building, 1019 Brazos Street, Austin.)
The repeal of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The repealed rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the repeal of these
rules.
§3.1401.Source and Purpose.
§3.1403.Project Requirements.
§3.1405.Eligible Applicants.
§3.1409.Indirect Costs.
§3.1411.Ineligible Activities.
§3.1413.Grant Period.
§3.1415.Professional and Contractual Services.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402176
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.2007, 3.2009, 3.2013
The amendment of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.2007.Confidential Funds Certification.
Any applicant proposing a project that may require the expenditure
of confidential funds must sign and return with their application a copy of
a Confidential Funds Certification. For Byrne Formula Grant Program grants,
the rules adopted by reference in §3.19
of this chapter
apply
to the control and use of confidential funds except where they conflict with
the rules in §3.717
of this chapter
, in which case the rules
in
§3.717 of
this chapter shall apply.
§3.2009.Cooperative Working Agreement.
(a)
When a grantee intends to carry out a grant project through
cooperating or participating with one or more outside organizations, the grantee
must obtain authorized approval signatures on the cooperative working agreement
from each participating organization. Grantees must maintain on file a signed
copy of all cooperative working agreements.
(b)
Cooperative working agreements do not involve an exchange
of funds.
(c)
For multi-jurisdictional task force grants under the Byrne
Formula Grant Program, a cooperative working agreement must include the signature
of each sheriff in a multi-jurisdictional task force's impact area. Counties
must be contiguous and the sheriff may not execute a cooperative working agreement
with more than one task force project.
(d)
Each grantee must submit to CJD a list of each participating
organization that has entered into a cooperative working agreement with the
grantee and a written description of the purpose of each cooperative working
agreement.
(e)
Grantees that have statewide
jurisdiction to make arrests and execute process in criminal cases are exempt
from subsection (c) of this section.
§3.2013.Pre-Approval Requirements for Procurement.
(a)
When a procurement is expected to exceed $100,000 or upon
CJD request, a grantee must submit to CJD a CJD-prescribed Procurement Questionnaire.
(b)
When a procurement is expected to exceed $100,000 or upon
CJD request, and one of the following conditions exist, a grantee must submit
to CJD all related procurement documentation, such as requests for proposals,
invitations for bids, or independent cost estimates, along with a CJD-prescribed
Procurement Questionnaire:
(1)
the procurement is to be awarded without competition or
only one bid or offer is received in response to a solicitation;
(2)
the procurement specifies a "brand name" product; or
(3)
the proposed contract is to be awarded to an entity other
than the apparent low bidder under a sealed bid procurement.
(c)
The information required in subsections (a) and (b) of
this section must be submitted to CJD before grant funds are obligated or
expended.
(d)
Grantees may not divide purchases or contracts for the
purposes of avoiding
the requirements of
this
section
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402177
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §§3.2501, 3.2507, 3.2511, 3.2513, 3.2515, 3.2525, 3.2529
The amendment of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.2501.Grant Officials.
(a)
Each grant must have three different grant officials:
(1)
Project Director. The project director must be an employee
of the applicant agency or be from the contractor organization that will be
responsible for project operation or monitoring and who will serve as the
point-of-contact regarding the project's day-to-day operations. For Crime
Stoppers Programs, the project director can be an employee of a law enforcement
agency who will act as the coordinator. For Byrne Formula Grant Program projects,
the project director shall not be the task force commander;
(2)
Financial Officer. The financial officer must be the chief
financial officer of the applicant agency. A county auditor, city treasurer,
comptroller, or the treasurer of a nonprofit corporation's board may serve
as the project's financial officer. The financial officer is responsible for
establishing and maintaining financial records to accurately account for funds
awarded to the grantee. These records shall include both federal funds and
all matching funds of State, local, and private organizations, when applicable.
The financial officer is also responsible for requesting funds and reporting
grant activity to CJD on expenditure report forms provided to the financial
officer; and
(3)
Authorized Official. The authorized official must be authorized
to apply for, accept, reject, alter, or terminate the grant for the applicant
agency. The executive director of a state agency, county judge, mayor, city
manager, chairman of a nonprofit board, director of a community supervision
and corrections department, or other individual authorized by the governing
body may serve as the authorized official. The authorized official must be
designated by the governing body in its resolution pursuant to §3.2021
of this chapter
.
(b)
No person shall serve in more than one capacity as a grant
official.
(c)
The signature of each grant official must be provided to
CJD by the grantee.
(d)
The grantee shall
make every effort to ensure that
each grant official has an e-mail address and access to the Internet.
[
[
[
(e)
The grantee shall notify CJD
in writing within 20 calendar days of:
(1)
any change in the designated project director,
financial officer, or authorized official and shall include a sample signature
of the new project director, financial officer, or authorized official;
(2)
any change in the mailing address, e-mail address,
fax number, or telephone number of each grant official; and
(3)
any change in the grantee's physical address.
§3.2507.Expenditure Reports.
Each grantee must submit financial expenditure reports to CJD each
calendar quarter. CJD will provide the appropriate forms and instructions
for the reports along with deadlines for their submission. CJD will place
a financial hold on a grantee's funds if the grantee fails to submit timely
expenditure reports. Submission of an expenditure report does not generate
a grant payment. Section 3.2511
of this chapter
[
§3.2511.Requests for Funds.
(a)
After a grant has been accepted and if there are no outstanding
special conditions or other deficiencies, a grantee may request funds [
(b)
Grantees must ensure that CJD receives their final requests
for funds postmarked no later than the 90th calendar day after the end of
the grant period or funds will lapse and revert to the grantor agency. If
this date falls on a weekend or federal holiday, then CJD will honor receipt
or a postmark on the next business day. If grant funds are on hold for any
reason, these funds will lapse at the end of the above-referenced period and
the grantee cannot recover them. Under no circumstances will CJD make payments
to grantees that submit their request for funds with a postmark after the
above-referenced deadline.
(c)
Local Law Enforcement Block
Grant Program projects are exempt from subsection (a) of this section.
(d)
Crime Stoppers Assistance Fund
projects are exempt from subsection (a) of this section and instead may request
funds once each quarter on a cost reimbursement basis only. Crime Stoppers
Assistance Fund grantees must attach a completed Request for Funds form to
their quarterly financial expenditure report.
§3.2513.Grant Adjustments.
(a)
The authorized official must sign requests for grant adjustments
that alter the amount of a grant award or the scope of a grant project. The
project director, financial officer, or authorized official must sign requests
for grant adjustments that do not alter the amount of a grant award or the
scope of a grant project.
(b)
Budget Adjustments. Adjustments consisting of increases
or decreases in the amount of a grant or the reallocation of grant funds among
or within approved budget categories, as defined in
§3.3(10)
[
(1)
Changes in the indirect costs category require prior CJD
approval through a written grant adjustment notice.
(2)
During a grant period, grantees may transfer grant funds
among or within the approved budget categories, as defined in
§3.3(10)
[
(3)
CJD will not approve more than four budget adjustments
initiated by a grantee each grant year.
(4)
CJD will not approve budget adjustment requests submitted
within 30 calendar days of the end of the grant period unless the executive
director grants an exception.
(5)
All budget adjustments must comply with all relevant rules
in this chapter. The grantee must maintain accurate records that show all
budget adjustments.
(c)
For supplemental grant awards, the grantee must accept
or reject any additional award within 45 calendar days of the date upon which
CJD issues a Grant Adjustment Notice and follow all rules in accordance with §3.11
of this chapter.
(d)
Programmatic Changes. The following rules apply to programmatic
changes:
(1)
Requests to revise the scope, target, or focus of the project,
or alter project activities require advance written approval from CJD.
(2)
A grantee may submit a written request to extend the grant
period. The request must be submitted to CJD and received or postmarked no
later than the last day of the grant period.
§3.2515.Bonding.
Each nonprofit
corporation
[
§3.2525.Evaluating Project Effectiveness.
(a)
CJD grantees must regularly evaluate the effectiveness
of their projects. This includes a reassessment of project activities and
services to determine whether they continue to be effective. Grantees must
show that their activities and services effectively address and achieve the
project's stated purpose. CJD will monitor grantee success through required
progress reports, on-site visits, and desk reviews. Grantees must maintain
information related to project evaluations in the project's files, and that
information must be available for review by CJD.
(b)
Grantees are responsible for
managing the day to day operations of grant and subgrant supported activities,
including those of their contractors and subcontractors. Grantee monitoring
must cover each program, function and activity. Grantees must develop, implement,
and maintain a standardized monitoring program to continuously assure grant
and subgrant supported activities are monitored. The monitoring program will
include, at a minimum, mechanisms by which grantees will ensure they are achieving
performance goals and receiving contracted deliverables as specified in agreements
and contracts.
§3.2529.Grant Management.
(a)
CJD has oversight responsibility for the grants it awards.
CJD may review the grantee's management and administration of grant funds
at any time and may also request records in accordance with
the
record
retention requirements
described
[
(b)
The grantee is the entity legally and financially responsible
for the grant. A grantee may not delegate its legal
or
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402178
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §3.2601, §3.2603
The amendment of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.2601.Monitoring.
(a)
CJD will monitor the activities of grantees as necessary
to ensure that grant funds are used for authorized purposes in compliance
with all applicable statutes, rules, regulations, guidelines, and the provisions
of grant agreements, and that grantees achieve grant purposes.
(b)
The monitoring program may consist of formal audits, monitoring
reviews, and technical assistance. CJD may implement monitoring through on-site
review at the grantee and/or subgrantee location or through a desk review.
In addition, CJD may request grantees to submit relevant information to CJD,
pursuant to §3.2529 of this chapter, to support any monitoring review.
(c)
Grantees must make available to CJD or its agents all requested
records relevant to a monitoring review. CJD may make unannounced monitoring
visits at any time. Failure to provide adequate documentation upon request
may result in disallowed costs or other remedies for noncompliance as detailed
under §3.2517
of this chapter
.
(d)
After a monitoring review, the grantee will be notified
in writing of any noncompliance identified by CJD in the form of a preliminary
report.
(e)
The grantee shall respond to the preliminary report and
the deficiencies or recommendations, and submit a corrective action plan to
CJD within a time frame specified by CJD.
(f)
The corrective action plan shall include:
(1)
the titles of the persons responsible for implementing
the corrective action plan;
(2)
the corrective action to be taken; and
(3)
the anticipated completion date.
(g)
If the grantee believes corrective action is not required
for a noted deficiency or recommendation, the response shall include an explanation
and specific reasons. CJD will determine whether the response is adequate
to resolve the deficiency or recommendation.
(h)
CJD's approval of the corrective action plan is required
before the grantee implements the corrective action plan. The grantee's response
and the approved corrective action plan shall become part of the final report.
(i)
The grantee shall resolve all required actions identified
in the final report within the time frame specified by CJD.
§3.2603.Audits Not Performed by CJD.
(a)
Grantees must have audits performed in accordance with
the requirements set forth in OMB Circular
No.
A-133 and the State
Single Audit Circular issued under UGMS.
(b)
Grantees must submit to CJD copies of the results of any
single audit conducted in accordance with OMB Circular
No.
A-133
or in accordance with the State Single Audit Circular issued under UGMS. Grantees
must ensure that single audit results, including the grantee's response and
corrective action plan, if applicable, are submitted to CJD within 30 calendar
days after the grantee receives the audit results or nine months after the
end of the audit period, whichever is earlier.
(c)
All other audits performed by auditors independent of CJD
must be maintained at the grantee's administrative offices pursuant to §3.2505
of this chapter and be made available upon request by CJD. Grantees must notify
CJD of any audit results that may adversely impact grant funds.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402179
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1.
CRIME STOPPERS ADVISORY COUNCIL
1 TAC §3.8105, §3.8115
The amendment of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.8105.General Powers.
(a)
Pursuant to Chapter 414 of the Texas Government
Code, the
[
(1)
certify a crime stoppers organization
to receive repayments of rewards under Articles 37.073 and 42.152 of the Texas
Code of Criminal Procedure, or payments from a defendant under Article 42.12
of the Texas Code of Criminal Procedure;
(2)
decertify an organization,
thereby rendering the organization ineligible to receive such repayments or
payments; and
(3)
adopt rules to carry out its
function; however, the council may not adopt rules that conflict with rules
relating to grants adopted by CJD.
(b)
In addition, the acts in an
advisory capacity to the executive director of CJD, who will relate their
recommendations and those of CJD to the governor as needed.
§3.8115.Meetings.
(a)
At all meetings, the latest version of
Robert's Rules of Order
[
(b)
Meetings will be held at least annually and at other times
deemed necessary by the chairman or the executive director of CJD.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402180
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §3.8205, §3.8215
The amendment of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.8205.General Powers.
(a)
The board acts in an advisory capacity to the executive
director of CJD, who will relate their recommendations and those of CJD to
the governor as needed.
(b)
Pursuant to federal regulations governing implementation
of the Juvenile Justice and Delinquency Prevention Act, the Governor's Juvenile
Justice Advisory Board is designated as the supervisory board. Duties of the
supervisory board shall be as follows:
(1)
Advise CJD on matters pertaining to juvenile justice and
delinquency prevention, including Title II of the Juvenile Justice and Delinquency
Prevention Act;
(2)
Participate in the development and review of the State's
Juvenile Justice and Delinquency Prevention Three Year Plan, which may be
updated annually as needed;
(3)
Submit to the governor and legislature recommendations
regarding state compliance with the requirements of
Title
[
(4)
Consult and seek advice and suggestions frequently from
juveniles currently under the jurisdiction of the juvenile justice system.
(c)
CJD shall afford the Juvenile Justice Advisory Board the
opportunity to review and comment on all juvenile justice and delinquency
prevention grant applications submitted to CJD.
§3.8215.Meetings.
(a)
At all meetings, the latest version of
Robert's Rules of Order
[
(b)
Meetings will be held at least annually and at other times
deemed necessary and appropriate.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402181
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §3.8305, §3.8315
The amendment of these rules is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rules implement §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
these rules.
§3.8305.General Powers.
(a)
The council acts in an advisory capacity to the executive
director of CJD, who will relate their recommendations and those of CJD to
the governor as needed.
(b)
Pursuant to federal statutes governing the
S.T.O.P.
[
§3.8315.Meetings.
(a)
At all meetings, the latest version of
Robert's Rules of Order
[
(b)
Meetings will be held at times deemed necessary by the
chairman of the council.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402183
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
1 TAC §3.9300
The amendment of this rule is proposed under §772.006(a)(10)
of the Texas Government Code, which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rule implements §772.006(a) of the Texas Government Code,
which requires the Office of the Governor, Criminal Justice Division, to award
and administer state and federal grant programs, and to assist the governor
in developing policies, plans, programs, and proposed legislation for improving
the coordination, administration, and effectiveness of the criminal justice
system.
No other statutes, articles, or codes are affected by the amendment of
this rule.
§3.9300.Texas Department of Public Safety.
Pursuant to §411.0096 of the Texas Government Code, CJD and the
Texas Department of Public Safety have entered into a memorandum of understanding
pertaining to the coordination of drug law enforcement efforts. This memorandum
of understanding may be amended, as necessary, by subsequent written agreement
adopted by rule. The current memorandum of understanding is listed in the
following:
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 29, 2004.
TRD-200402184
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 9, 2004
For further information, please call: (512) 463-1919
Chapter 351.
COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
kinds
] of grants available;
non-scheduled
] grants that are not submitted pursuant to an RFA. Applicants will
be selected in accordance with §3.7(b) of this chapter.
For applications
submitted directly to CJD, staff members, or a review group selected by the
executive director, will review the applications
] for eligibility, reasonableness,
availability of funding, and cost-effectiveness [
and give their funding
recommendations to the executive director, who will render the final funding
decision
].
For applications submitted pursuant to an RFA, the executive
director will select a review group, COG, or other designee to prioritize
the applications and submit a priority listing to the executive director,
who will render the final funding decision.
A review group may include
staff members, experts in a relevant field, and members of an advisory board
or council.
directly
] to CJD
pursuant to §3.5(b)
of this chapter
, the executive director
will decide whether to fund the application based upon the following factors:
submitted
directly to
] a COG, the CJAC must [
review and
] prioritize
the applications[
,
] and
prepare
[
the COG's governing
body must approve
] the priority listing.
The COG's governing body
must approve the priority listing.
The COG then must submit the priority
listing [
and the applications
] to CJD within the time periods
established by CJD. CJD will render final funding decisions on these applications
based upon the COG priorities, eligibility, reasonableness, availability of
funding, and cost-effectiveness.
through a COG
] from the State Criminal Justice Planning
Fund, the Juvenile Justice and Delinquency Prevention Act Fund, or the Safe
and Drug-Free Schools and Communities Act Fund, CJD will allocate funding
through a formula based upon population figures and crime rates. No formula-based
funding allocation exists for applications
prioritized by a COG
[
submitted to COGs
] that seek grants from other funding sources.
a COG
] may request that the applicant submit additional
information necessary to complete
the
grant review. CJD or
its designee
[
a COG
] may request the applicant to provide
any outstanding forms and documents to clarify or justify any part of the
application or to disclose other funding sources related to the project. Such
requests for information, including the issuance of a preliminary review report,
do not serve as notice that CJD intends to fund an application.
If CJD
is not able to adequately resolve problems within an applicant's budget through
the review process, CJD may make the necessary corrections to the budget to
bring it into compliance with applicable state or federal requirements. Any
corrections to an applicant's budget will be reflected in the award documentation.
(1)
If CJD needs additional information
on an application submitted through a COG, CJD will send a report requesting
the necessary information to the COG, and the applicant must provide the response
to the COG by a COG-established deadline.]
(2)
If CJD needs additional information
on an application submitted directly to CJD, CJD will send a report directly
to the applicant, and the applicant must provide a response by a CJD-established
deadline.]
(3)
If CJD is not able to adequately
resolve problems within an applicant's budget through the preliminary review
process, CJD may use its discretion to make the necessary corrections to the
budget to bring it into compliance with applicable state or federal requirements.
Any corrections to an applicant's budget will be reflected in the award documentation.]
submitted to
] a COG that do not receive funding recommendations, the
COG notification of the decision not to recommend funding serves as the applicant's
notification of denial.
to fund grant
requests
] rest completely within the discretionary authority of CJD.
The receipt of an application for grant funding by CJD does not obligate CJD
to fund the grant or to fund it at the amount requested.
CJD makes no commitment that a
] grant
award shall commit or obligate
CJD in any way to make any additional, supplemental, continuation, or other
award with respect to any approved project or portion thereof
[
, once funded, will receive priority consideration for subsequent funding
].
provide for submission of grant applications, progress reports, financial
reports, and
] other information
to an applicant or grantee
via
the Internet or other electronic means. [
Completion and submission of
documents and information via electronic means meets the relevant requirements
contained within this chapter for submitting reports in writing.
]
Subchapter B. GENERAL GRANT PROGRAM POLICIES
Projects exclusively
] serving
delinquent
[
juveniles
] or
at-risk
youth, regardless of the funding source, must
address at least one of the following
priority
needs
developed
in coordination with the Governor's Juvenile Justice Advisory Board
to
be eligible for funding:
Examples include, but are not limited to,
programs that:
]
whenever possible and appropriate
].
Provide
] family crisis
programs
[
intervention
] for delinquent or pre-delinquent
youth
[
children
] and their families.
Recognize the role of faith-based programs in preventing juvenile delinquency
].
Examples include,
but are not limited to, programs that:
]
Hold juveniles accountable and responsible for their actions
].
(C)
Address an increasing need
to provide services to children of incarcerated parents and/or living in foster
care or other alternative situations.]
(D)
Address a need for early identification
of, and programs for, emotionally disturbed children and children with mental
health concerns.]
Examples include, but are not
limited to, programs that:
]
in
] juvenile
justice
system
[
laws and procedures
].
Encourage
] appropriate student discipline
and accountability [
to create and maintain a safe and productive learning
environment
].
intervene as early
as possible with
] students
who are
at-risk for truancy and
dropping out of school.
Reduce Disproportionate
Minority Representation in the Juvenile Justice System
].[
Examples
include, but are not limited to, programs that:
]
Develop a standardized
risk assessment instrument to be made available for use by juvenile courts
at detention hearings
].
Identify and support intervention strategies that
could effectively reduce disproportionate representation in appropriate
]
juvenile
crime
[
cases
].
Safe Environment
].[
Examples include, but are not
limited to, programs that:
]
Counteract gangs through identification, surveillance,
arrest, and prosecution of gang members involved in criminal activities
].
Involve the local community in comprehensive efforts
to deal with juvenile crime
].
(6)
Juvenile Justice Policies,
Procedures and Facilities. Examples include, but are not limited to, programs
that:]
(A)
Support mandatory progressive sanctions for
misconduct and delinquent behavior.]
(B)
Develop and maintain computer-based information
systems that will match children and families with appropriate service providers
based on risk and needs profiles.]
(C)
Provide appropriate dispositions to mentally
ill or mentally retarded youth accused of committing crimes.]
(D)
Target female and special needs offenders.]
Additionally,
] projects [
exclusively
] serving
delinquent
[
juveniles
] or
at-risk
youth, regardless of the funding source,
must address
Disproportionate Minority Contact (DMC) with
[
the representation of minority youth in
] the juvenile justice system.
DMC exists when the proportion of youths referred to the juvenile probation
department who are members of minority groups exceed their group's proportion
in the general population. "Minority" means African-Americans, Asian-Americans,
Hispanic-Americans, and Native Americans.
Methods of addressing this
requirement include, but are not limited to,
identifying and supporting
[
early
] prevention [
projects
] and
intervention
strategies that could effectively reduce DMC
[
projects designed
to divert juveniles from the juvenile justice system in appropriate cases
].
1974
], Public Law
107-273
[
93-415
], 42 U.S.C. 5601 et seq., as amended, are not eligible for funding,
unless they have submitted to CJD an acceptable plan and timetable for eliminating
the noncompliance.
Criminal Justice Projects ].
(a)
CJD may award grants to support
a wide range of projects designed to reduce crime and improve the criminal
and juvenile justice systems.]
(b)
CJD will limit funding for
community-based alternative projects to grantees that document problems and
needs not already addressed by other state agencies.]
(c)
Projects may not use grant
funds to serve adult offenders charged with, given deferred adjudication for,
or convicted of violent or other serious crimes including murder, arson, robbery,
sexual assault, aggravated sexual assault, burglary, felony drug crimes, crimes
against children, kidnapping, aggravated kidnapping, and manslaughter, unless
the executive director grants an exception. The executive director may only
approve exceptions to this prohibition in the following instances:]
(1)
projects that serve offenders between 17 and
25 years old;]
(2)
projects that fund batterers' intervention
programs;]
(3)
projects that support drug treatment and prevention
programs; or]
(4)
innovative projects in prisons, jails, and
community supervision and corrections departments.]
(d)
]
CJD will not fund projects that provide legal
services for adult offenders.
2.
GRANT BUDGET REQUIREMENTS
under the Juvenile Accountability Block Grant Program
]
are exempt from this subsection [
when the grant funds are used to provide
court masters, magistrates, or referees who are retained, appointed, or hired
to assist judges in juvenile cases
].
Extraordinary Costs of Investigating
and Prosecuting Capital Murder and Hate Crimes Program, the
] Drug Court
Program, and the Local Law Enforcement Block Grant Program, are exempt from
this
subsection
[
rule
].
Grants under the Byrne
Formula Grant Program are exempt from this subsection and instead CJD may
approve requests to pay overtime in accordance with agency policy only for
law enforcement officers assigned to a multi-jurisdictional task force and
only from program income that is not used toward the minimum cash match requirement.
(e)
For Byrne Formula Grant Program
projects, CJD may approve requests to pay overtime in accordance with agency
policy only for law enforcement officers assigned to a multi-jurisdictional
task force and only from program income that is not used toward the minimum
cash-match requirement.]
In accordance with §3.2013 of this chapter,
grantees must submit to CJD a CJD-prescribed Procurement Questionnaire when
a procurement is expected to exceed $100,000 or upon CJD request
].
rule
].
rule
].
§3.3(11)
] of this chapter,
and that have an acquisition cost of less than $1,000 per unit. Grantees must
allocate costs on a prorated basis for shared usage.
rule
] and instead must comply with §3.1209
of this chapter.
Subchapter C. FUND-SPECIFIC GRANT POLICIES
meet the rules set forth in §3.53
or §3.55 of this chapter.
]
Renovation and Retrofitting ].
CJD may approve grants for the renovation or retrofitting of
existing facilities that provide additional beds for juvenile detention in
compliance with the Texas Family Code.
]
2.
JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT FUND
1974, as amended
],
Public Law
107-273
[
93-415
],[
codified as amended
at
] 42 U.S.C. 5601 et seq.
, as amended
. All grants awarded
from this fund must comply with the requirements contained therein.
3.
TITLE V DELINQUENCY PREVENTION ACT FUND
1974
], Title
V, Public Law
107-273,
[
93-415 as amended; Public Laws 102-586
and 104-316; codified as amended at
] 42 U.S.C. 5781 et seq.
, as
amended
. All grants awarded from this fund must comply with the requirements
contained therein.
Projects funded
through this program should seek
] to reduce juvenile delinquency and
youth violence by supporting
communities in providing their
[
community efforts to provide
] children, families, neighborhoods, and
institutions with the knowledge, skills, and opportunities necessary to
foster a healthy and nurturing
[
create an
] environment that
supports the growth and
[
fosters the
] development of productive
and responsible citizens.
form coalitions within
communities that mobilize and direct
] delinquency prevention
programs
and activities for youth who have had contact with the juvenile justice system
or who are likely to have contact with the juvenile justice system, including:
[
efforts;
]
(3)
identify known delinquency
risk factors present in affected communities;]
(4)
identify protective measures
that counter identified risks and develop local comprehensive delinquency
prevention plans that strengthen these protective measures;]
(5)
develop local, comprehensive
delinquency prevention strategies that coordinate federal, state, local, and
private resources to establish a client-centered continuum of services for
at-risk children and their families; and]
(6)
implement delinquency prevention
strategies, monitor their progress, and modify the strategies as needed.]
(a)
]
Units of local government are eligible to
apply for grants under this fund. For this fund, a unit of local government
means any city, county, town, village, or other general purpose political
subdivision of the state, and any Indian tribe which performs law enforcement
functions as determined by the U.S. Secretary of the Interior.
(b)
Before an applicant may receive
the CJD-funded portion of a grant project, the applicant must have a local
policy board that will direct the project and develop a three-year delinquency
prevention plan.]
4.
SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT FUND
, Public Law 107-110
]. All grants awarded from this fund must comply
with the requirements contained therein.
CJD awards these funds to a wide range of state and local applicants, both
public and private nonprofit, to promote a safe and drug-free learning environment
and to support academic achievement
].
In addition
to the rules related to this funding source contained in this chapter, applicants
and grantees must comply with the federal regulations at 34 C.F.R. §76,
which are hereby adopted by reference.
]
Grant funds will be awarded based on:
]
(1)
the quality of the project
proposed; and]
(2)
how the project meets the
principles of effectiveness described in subsection (e) of this section.]
CJD gives priority
]
to projects that prevent illegal drug use and violence for:
CJD gives special
] consideration
is given
to grantees that pursue a comprehensive
and collaborative
approach to drug and violence prevention that includes providing and
incorporating mental health services related to drug and violence prevention
in their project.
Grant funds shall be used to implement drug and violence prevention
activities, including
]:
that complement and support
local educational activities, including developing and implementing activities
to prevent and reduce violence associated with prejudice and intolerance
];
dissemination of information about drug and violence prevention
]; [
and
]
development and implementation of community-wide
] drug
use;
[
and violence prevention planning and organizing.
]
Projects must meet
] the following
services, activities or costs
[
principles of effectiveness
]:
Projects must be based on an assessment of objective data
regarding the incidence of violence and illegal drug use in the elementary
schools and secondary schools and communities to be served, including an objective
analysis of the current conditions and consequences regarding violence and
illegal drug use, including delinquency and serious discipline problems, among
students who attend such schools (including private school students who participate
in the drug and violence prevention program) that is based on on-going local
assessment or evaluation activities;
]
Projects must be based on an established set of
performance measures aimed at ensuring that the elementary schools, secondary
schools, and communities to be served by the program have a safe, orderly,
and drug-free learning environment;
]
Projects must be based on scientifically-based
research that provides evidence that the program to be used will reduce violence
and illegal drug use;
]
Projects must be based on an analysis of the data reasonably available at
the time, of the prevalence of risk factors, including high or increasing
rates of reported cases of child abuse and domestic violence; protective factors,
buffers, assets; or other variables in schools and communities in the State
identified through scientifically-based research; and
]
Projects must include meaningful and ongoing consultation
with and input from parents in the development of the application and administration
of the program or activity.
]
meet the requirements of §3.53 of this
chapter
].
not duplicate the efforts
of the Texas Education Agency's Safe and Drug-Free Schools Act program or
those of local education agencies.
]
(h)
Projects must undergo a periodic
evaluation to assess its progress toward reducing violence and illegal drug
use in schools to be served based on performance measures described in the
No Child Left Behind Act of 2001, Public Law 107-110, §4114(d)(2)(B).
The results shall be used to refine, improve, and strengthen the program,
and to refine the performance measures, and shall also be made available to
the public upon request, with public notice of such availability provided.]
5.
VICTIMS OF CRIME ACT FUND
Services may include the following
]:
responding
] to the emotional
and physical needs of crime victims;
assisting
] victims in stabilizing
their lives after a victimization;
assisting
] victims to understand
and participate in the criminal justice system; and
providing
] victims with
safety and security.
projects that provide
] the following
services, activities, and costs:
Involvement
] in Criminal Justice Proceedings. Projects should help victims participate
in the criminal justice system.
Victim-Offender Meetings
].
Opportunities for crime victims to meet with
[
Activities
involving victim-offender meetings are only allowable if the meetings are
between the victim and
] the offender who perpetrated the crime against
the victim
, if such meetings are requested or voluntarily agreed to by
the victim and have possible beneficial or therapeutic value to crime victims
.
listed below
] as direct crime victim services, but recognizes that they are often
an essential activity necessary to ensure that the grantee can provide high
quality direct services. Before grantees can use grant funds to pay for these
services, activities, and costs, CJD and the grantee must agree that the grantee
cannot provide direct services to crime victims without additional support
for the expenses, that the grantee has no other source of pecuniary support
for them, and that the grantee will limit the use of grant funds in paying
for them. These services, activities, and costs include:
This includes the cost of training materials
].
programs
] and related travel
for staff
. This includes the cost of travel, meals, lodging and registration
fees for staff that provide direct services to victims of crime.
Lease
] of vehicles.
Grantees must obtain CJD approval in writing before
purchasing or
leasing
vehicles.
State
] agencies
;
[
,
] units of local government
;
[
,
] hospital districts
;
[
,
] nonprofit corporations
;
[
,
] Native
American tribes
;
[
,
] crime control and prevention districts
;
[
,
] universities
;
[
,
] colleges
;
[
,
] community supervision and corrections departments
;
[
,
] COGs that
provide
[
offer
] direct
services to victims
;
[
,
] faith-based organizations that
provide direct services to victims of crime
;
[
,
] and
hospitals and emergency medical facilities that offer crisis counseling, support
groups, and/or other types of victim services [
are eligible to apply
for grants under this fund
]. Faith-based organizations must be certified
by the Internal Revenue Service as tax-exempt nonprofit entities. Grantees
may not use grant funds or program income for proselytizing or sectarian worship.
In-patient treatment facilities, such as those designated to provide treatment
to individuals with drug, alcohol, or mental health-related conditions, are
not eligible to apply for grant funds.
meet one of the following criteria
]:
the applicant has
] a
record of providing effective services to crime victims
. If the applicant
cannot yet demonstrate a record of providing effective services, the applicant
must demonstrate that at least 25 percent of its financial support comes from
non-federal sources.
[
; or
]
if an applicant does not
have a demonstrated record of providing such services, it must show that at
least 25 percent of its financial support comes from non-federal sources
].
(c)
All applicants must meet each
of the following criteria:]
(1)
applicants must use volunteers, unless CJD
determines that a compelling reason exists to grant an exception;]
(2)
applicants must promote community efforts to
aid crime victims;]
(3)
applicants must help victims apply for compensation
benefits;]
(4)
applicants must maintain and display civil
rights information;]
(5)
applicants must provide services to victims
of federal crimes on the same basis as victims of state and local crimes;]
(6)
applicants must provide grant-funded services
at no charge to victims, and any deviation requires prior written approval
by CJD; and]
(7)
applicants must maintain the confidentiality
of all client-counselor information and research data, as required by state
and federal law.]
crime
], except
for forensic medical examinations for sexual assault victims;
Victims of Crime Act-related
] project incurs no additional
costs;
and
]
.
]
6.
CRIME STOPPERS ASSISTANCE FUND
the affected community's
] efforts in solving crimes.
rule
] for statewide projects.
Decertified Crime Stoppers Organization ].
that is a crime stoppers
organization
] is decertified by the Crime Stoppers Advisory Council,
the grant awarded to the grantee shall terminate on the date on which the
grantee is decertified and all unexpended grant funds must be returned to
CJD.
7.
BYRNE FORMULA GRANT PROGRAM
All task force personnel remain the
employees of their parent agencies. Task force personnel are not considered
employees of the advisory board, the task force, or the Governor's Office
(including CJD).
]
8.
LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM
Local
Law Enforcement Block Grants Act of 1995, H.R. 728;
] Department of Commerce,
Justice and State, the Judiciary and Related Agencies Appropriations Act,
2003
[
1998
], Public Law
108-7
[
105-119, III
Stat. 2440, 2452
].
(a)
]
All projects funded through this program must
have a regional or statewide impact and must meet at least one of the following
purpose areas:
(b)
Prohibited uses. Grantees may not use
grant funds to purchase, lease, rent, or acquire any of the following:
]
(1)
tanks or armored vehicles;
]
(2)
fixed-wing aircraft;
]
(3)
limousines;
]
(4)
real estate;
]
(5)
yachts;
]
(6)
consultants;
]
(7)
vehicles not primarily used for law enforcement;
and
]
(8)
New construction. However, renovations
of facilities are permitted when specifically approved by Bureau of Justice
Assistance and the Office of the Comptroller. These costs may not exceed 10%
of the total federal funds utilized in a given purpose area.
]
9.
S.T.O.P. VIOLENCE AGAINST WOMEN ACT FUND
STOP
] Violence Against Women Planning
Council:
.
]
.
]
.
]
.
]
,
] are eligible to apply for grants under
this fund. Faith-based organizations must be certified by the Internal Revenue
Service as tax-exempt nonprofit entities. Grantees may not use grant funds
or program income for proselytizing or sectarian worship.
10.
CHALLENGE GRANT PROGRAM
organizations
], local units of government, faith-based organizations, crime control
and prevention districts, Native American tribal governments, COGs, universities,
colleges, independent school districts, and juvenile boards are eligible to
apply for grants under this fund. Faith-based organizations must be certified
by the Internal Revenue Service as tax-exempt nonprofit entities. Grantees
may not use grant funds or program income for proselytizing or sectarian worship.
11.
RESIDENTIAL SUBSTANCE ABUSE TREATMENT GRANT PROGRAM
Program's
] purpose
is to develop and implement residential substance abuse treatment
projects
[
programs
] within state and local correctional facilities
and jail-based substance abuse projects within jails and local correctional
facilities
[
where prisoners are incarcerated for a period of time
sufficient to permit effective treatment
].
These
] substance abuse
projects must:
ensure that each offender
participates in the program
] for not less than six nor more than 12
months[
, unless he or she drops out or is terminated
];
or are
]
in a
completely separate facility or a
dedicated housing unit
within a facility
for the exclusive use of
project
[
program
] participants;
CJD gives preference to applicants who provide aftercare services to program
participants. Aftercare services should coordinate service provision between
the correctional treatment program and other human service and rehabilitation
programs, such as education and job training, parole supervision, halfway
houses, and self-help and peer group programs that may aid in rehabilitation.
Grantees may not use grant funds to pay for non-residential treatment provided
through the aftercare component of the program, except when stipulated through
federal regulations.
]
Grantees shall develop an individualized plan for community substance
abuse treatment for each offender when the offender enters a residential treatment
program. Corrections treatment projects and state or local substance abuse
treatment programs must work together to place program participants in appropriate
community substance abuse treatment when these individuals leave the correctional
facility at the end of their sentence or their parole.
]
12.
JUVENILE ACCOUNTABILITY BLOCK GRANT PROGRAM
Fiscal Year 1999 Appropriations
Act
], Public Law
107-273, 42 USC 3796ee et seq., as amended
[
105-277 (1998), referencing H.R. 3 (May 3, 1997)
].
All grants awarded
from this fund must comply with the requirements contained therein.
(a)
]
These funds are available to support the following
program purpose areas:
building,
expanding, renovating, or operating temporary or permanent juvenile correction
or detention facilities, including training of correctional personnel
];
developing and
administering accountability-based sanctions for
] juvenile
corrections,
or detention facilities, including the training of personnel
[
offenders
];
hiring additional
] juvenile
court
judges, probation officers,
and court-appointed defenders
and special advocates
, and funding
pretrial services
(including mental health screening and assessment)
for
juvenile offenders
[
juveniles
], to
promote
[
ensure
] the
effective
[
smooth
] and
expeditious administration of the juvenile justice system;
hiring
]
additional prosecutors so that more cases involving violent juvenile offenders
can be prosecuted and backlogs reduced;
providing
] funding to enable prosecutors to address drug, gang, and youth violence
problems more effectively
and for technology, equipment, and training
to assist prosecutors in identifying and expediting the prosecution of violent
juvenile offenders
;
providing funding for technology, equipment,
]
and
maintaining
training
programs for law enforcement and
other court personnel with respect
to
preventing and controlling
juvenile crime
[
assist prosecutors in identifying and expediting
the prosecution of violent juvenile offenders
];
providing funding to enable
] juvenile
firearms
[
courts and juvenile probation offices
to be more effective and efficient in holding juvenile
] offenders[
accountable and reducing recidivism
];
the
establishment of
]
drug court
[
court-based
]
programs to provide continuing judicial supervision over
juvenile
offenders with substance abuse problems and to integrate administration of
other sanctions and services for such offenders
[
justice programs
that target young firearms offenders through the establishment of juvenile
gun courts for the adjudication and prosecution of juvenile firearms offenders
];
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
];
establishing
] and maintaining interagency information-sharing programs that enable
the juvenile and criminal justice
systems
[
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;
establishing
] and maintaining accountability-based programs
designed to reduce
recidivism among juveniles
[
that work with juvenile offenders
]
who are referred by law enforcement
personnel or
agencies[
that protect students and school personnel from drug, gang, and youth violence
];[
and
]
implementing a
policy of controlled substance testing for appropriate categories of juveniles
within the
] juvenile
offenders that facilitate the effective early
intervention and the provision of comprehensive services, including mental
health screening and treatment and substance abuse testing and treatment,
to such offenders;
[
justice system.
]
(b)
Grantees, except those receiving funds
from a state set-aside, are required to distribute 45% of the total grant
funds for program purpose areas in subsection (a)(3) through (9) of this section
and 35% for program purpose areas in subsection (a)(1), (2), and (10) of this
section. The remaining 20% may be used for any combination of the twelve (12)
program purpose areas. This distribution requirement may be waived by CJD
if the grantee can certify in writing that the interest of public safety and
juvenile crime control would be better served by expending its funds in a
proportion other than the 45% and 35% minimums.
]
universities, colleges,
nonprofit corporations,
] Native American tribal governments,
and
COGs[
and faith-based organizations
].
Discretionary
projects are eligible for funding under subsections (10), (11), (13), and
(15) only of §3.1203 of this chapter.
[
Faith-based organizations
must be certified by the Internal Revenue Service as tax-exempt nonprofit
entities. Grantees may not use grant funds or program income for proselytizing
or sectarian worship.
]
Cities, counties, Native American tribal governments,
and COGs that apply for grants to provide services to units of local government
that are not eligible for separate grants are eligible to apply for formula
allocation grants under the remaining 75 percent of this fund
].
Applicants eligible for formula-based
funding may waive applications
] for funds[
by submitting a resolution
from their governing body listing the amount of money and to whom the funds
are being waived
].[
These funds can be waived to other cities or
counties, COGs, Native American tribal governments, or back to the state.
]
Juvenile Crime Enforcement Coalition ].
applicant
] must
establish
an advisory board
[
a coalition
] consisting
of individuals representing police departments, sheriffs' offices, prosecutors,
probation officers, juvenile courts, schools, businesses, and faith-based,
fraternal, nonprofit, or social service organizations involved in juvenile
crime and delinquency prevention.
13.
COVERDELL FORENSIC SCIENCES PROGRAM
criminalists
] whose principal duties are the examination of physical
evidence for law enforcement agencies in criminal justice matters and who
provide testimony with respect to such physical evidence to the criminal justice
system.
14.
RURAL DOMESTIC VIOLENCE AND CHILD VICTIMIZATION ENFORCEMENT PROGRAM
Subchapter D. CONDITIONS OF GRANT FUNDING
rule
]. For purposes of determining compliance, CJD will consider groups
of contracts with a single vendor or groups of purchases for the same or similar
items as a single procurement.
Subchapter E. ADMINISTERING GRANTS
notify CJD in writing of:
]
(1)
any change in the designated
project director, financial officer, or authorized official and shall include
a sample signature of the new project director, financial officer, or authorized
official; and]
(2)
any change in the grantee's
mailing address, email address, fax number, or telephone number.]
, Request
for Funds,
] sets forth rules for requesting payments. The grantee must
report program income in the expenditure report including program income earned
by the grantee, a vendor or contractor.
on a cost reimbursement basis
] no more than once a month.
A grantee
may request funds on a cost reimbursement basis or request advanced funds
covering no more than the anticipated expenses for the next month.
Submission
of an expenditure report does not generate a grant payment. All grant payment
requests must be submitted to CJD on a Request for Funds form in accordance
with the instructions provided on that form. A request for funds for [
the reimbursement of
] equipment costs and/or contractual services must
include copies of the invoices.
§3.3(11)
] of this chapter, are considered budget adjustments, and,
except as provided by paragraph (2) of this subsection, are allowable only
with prior CJD approval. The following rules apply to budget adjustments:
§3.3(11)
] of this chapter, without prior CJD approval
as long as the amount transferred does not exceed a cumulative total of ten
percent of the CJD-funded portion of a grant project during that grant period;
the action does not change the scope of the project; and the change does not
conflict with paragraph (1) of this subsection and §3.81(a) of this chapter.
agency
] receiving
funds from CJD must obtain and have on file a blanket fidelity bond that indemnifies
CJD against the loss and theft of the entire amount of grant funds. The cost
of the bond is an eligible expense of the grant.
found
] in §3.2505
of this chapter
. Grantees must respond to all CJD inquiries or requests
and must make all requested records available to CJD.
and
] financial responsibility
,
and must ensure that the project
operates efficiently, effectively and in accordance with all applicable statutes,
rules, regulations, and guidelines that govern CJD grants.
Subchapter F. PROGRAM MONITORING AND AUDITS
Subchapter G. CRIMINAL JUSTICE DIVISION ADVISORY BOARDS
The
] council
is authorized to:
[
acts in an advisory capacity to the executive director of CJD, who will relate
their recommendations and those of CJD to the governor as needed.
]
Robert's Rules of Order
]
shall govern proceedings.
2.
GOVERNOR'S JUVENILE JUSTICE ADVISORY BOARD
Subchapter
] II, Part B,
§223(a)(11)
[
§223(a)(12)
],
(12)
[
(13)
], and
(13)
[
(14)
] of the Juvenile Justice and Delinquency Prevention Act of
2002
[
1974
], Public Law
107-273
[
93-415
],
42 U.S.C. 5601 et seq., as amended, and all funding sources provided to CJD
from the Office of Juvenile Justice and Delinquency Prevention under the Juvenile
Justice and Delinquency Prevention Act and the federally appropriated Juvenile
Accountability Block Grant; and
Robert's Rules of Order
]
shall govern proceedings.
3.
GOVERNOR'S S.T.O.P. VIOLENCE AGAINST WOMEN PLANNING COUNCIL
STOP
] Violence Against Women Formula Grant Program, the
council shall make recommendations and develop a multi-year statewide implementation
plan that will promote a coordinated community response to violence against
women.
Robert's Rules of Order
]
shall govern proceedings.
Subchapter I. MEMORANDUM OF UNDERSTANDING
Part 15.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION