Part 1.
OFFICE OF THE GOVERNOR
Chapter 3.
CRIMINAL JUSTICE DIVISION
The Office of the Governor, Criminal Justice Division (CJD), proposes
the amendment of Subchapter A §§3.1, 3.19; Subchapter B §§3.75,
3.79, 3.81, and 3.87; Subchapter C §§3.401, 3.701, 3.703, 3.705,
3.711, 3.717, 3.1103, 3.1301, 3.1303, and 3.1305; Subchapter D §3.2009;
Subchapter E §§3.2511, 3.2521, and 3.2523; and Subchapter F §3.2601.
CJD proposes the addition of Subchapter A §3.25.
CJD proposes the repeal of Subchapter C §§3.615, 3.719, 3.721,
3.723, 3.725, 3.801, 3.803, 3.805, 3.809, and 3.811; and Subchapter D §3.2007.
The proposed amendment to §3.1 enables CJD to more efficiently and
effectively administer grant funds by allowing CJD to apply recent changes
to its administrative rules (which have been adopted in response to changes
in state and federal statutes, rules, regulations and guidelines) to current
grant projects, if grantees agree to do so.
The proposed amendment to §3.19 corrects the citation for the OMB
Circular and the name of the Office of Justice Programs Financial Guide.
The proposed amendment to §3.75: (1) allows CJD to more effectively
and efficiently administer grant funds by allowing grant funds to be used
to provide overtime pay if such use is permitted by applicable state and federal
law, complies with the grant requirements for the state or federal funding
source, and is reasonable and cost-effective considering the amount of funds
available in the state or federal funding source; and (2) clarifies that the
leave requirement applies to compensation for accrued leave paid to staff
members leaving employment.
The proposed amendment to §3.79 removes the provision that was applicable
to projects funded under the federal Byrne Formula Grant Program, which is
no longer funded by the federal government.
The proposed amendment to §3.81: (1) removes unnecessary language
regarding grant adjustments; (2) replaces the provision relating to the federal
Law Enforcement Block Grant program, which is no longer funded by the federal
government, with a provision relating to the federal Edward Byrne Memorial
Justice Assistance Grant Program; and (3) removes the language regarding the
use of grant funds to purchase weapons and other military type equipment because
Part III, Chapter 16 of the Office of Justice Programs Financial Guide already
prohibits the use of grant funds to purchase armored vehicles, explosive devises,
and other military-type equipment.
The proposed amendment to §3.87 prohibits grantees from carrying forward
program income from one grant year to the next to allow CJD to more efficiently
and effectively manage state and federal funds that earn program income.
The proposed amendment to §3.401 updates the language of this section
to reflect the current federal requirements for this funding source.
The proposed amendment to §§3.701, 3.703, 3.705, and 3.711 replace
provisions relating to the federal Byrne Formula Grant Program, which is no
longer funded by the federal government, with provisions relating to the federal
Edward Byrne Memorial Justice Assistance Grant Program. The new provisions
adopt the federal requirements for the Edward Byrne Memorial Justice Assistance
Grant Program.
The proposed amendment to §3.717 removes provisions relating to the
federal Byrne Formula Grant Program, which is no longer funded by the federal
government, and establishes requirements for the use of confidential funds
under the Edward Byrne Memorial Justice Assistance Grant Program.
The proposed amendment to §3.1103 updates the language of this section
to reflect the current federal requirements for the Residential Substance
Abuse Treatment Grant Program.
The proposed amendment to §3.1301 updates the language of this section
to reflect the current citation for the federal legislation applicable to
the Coverdell Forensic Sciences Program.
The proposed amendment to §3.1303 and §3.1305 update the language
of this section to reflect the current federal requirements for the Coverdell
Forensic Sciences Program.
The proposed amendment to §3.2009 removes provisions that were applicable
to projects funded under the federal Byrne Formula Grant Program, which is
no longer funded by the federal government.
The proposed amendment to §3.2511 removes provisions that were applicable
to projects funded under the federal Local Law Enforcement Block Grant Program,
which is no longer funded by the federal government.
The proposed amendment to §3.2521 clarifies that CJD may specify the
length of the liquidation period for certain grant projects so that grant
funds are expended within the grant period specified in the federal grant
award documentation.
The proposed amendment to §3.2523: (1) clarifies the language of this
section to make it easier to understand; and (2) ensures that CJD is immediately
notified if any records are seized from a grantee by a law enforcement agency,
or a state or federal agency.
The proposed amendment to §3.2601 clarifies the types of actions that
must be resolved by a grantee.
The proposed addition of §3.25 allows CJD to suspend any requirement
in this chapter upon a showing of good cause to ensure the efficient and effective
use of state and federal grant funds.
The proposed repeal of §3.615 removes the mandatory training requirement
because the training is no longer necessary for grantees under the Crime Stoppers
Assistance Fund.
The proposed repeal of §§3.719, 3.721, 3.723, and 3.725 remove
provisions relating to the federal Byrne Formula Grant Program, which is no
longer funded by the federal government.
The proposed repeal of §§3.801, 3.803, 3.805, 3.809, and 3.811
remove provisions relating to the federal Local Law Enforcement Block Grant
Program, which is no longer funded by the federal government.
The proposed repeal of §3.2007 removes provisions that were applicable
to projects funded under the federal Byrne Formula Grant Program, which is
no longer funded by the federal government.
Scott Bingaman, Director of Operations for CJD, 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.
Mr. Bingaman 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
Subchapter A. GENERAL GRANT PROGRAM PROVISIONS
1 TAC §§3.1, 3.19, 3.25
The amendment and addition of these rules is proposed under
the Texas Government Code, Title 7, §772.006(a)(10), which authorizes
CJD to adopt rules and procedures as necessary.
The amended and added rules implement the Texas Government Code, Title
7, §772.006(a), which requires CJD 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 and
addition of these rules.
§3.1.Applicability.
Subchapters A through F of this chapter apply to all applications for
funding and grants submitted to the Criminal Justice Division (CJD), Office
of the Governor. A grantee must comply with the provisions of Subchapters
A through F in effect on the date the grant is awarded by CJD
, unless
a subsequent effective date is specified by CJD in an original grant award
or a grant adjustment
. Subchapter A covers the general provisions for
grant funding. Subchapter B addresses general eligibility and budget rules
for grant funding. Subchapter C outlines specific eligibility and budget rules
applicable to various funding sources available to CJD; these rules are in
addition to all other general rules in this chapter. Subchapter D provides
rules detailing the conditions CJD may place on grants. Subchapter E sets
out the rules related to administering grants. Subchapter F specifies rules
regarding program monitoring and audits. Subchapter G details the rules regarding
CJD advisory boards. Subchapter H addresses Crime Stoppers program certification.
Subchapter I adopts the Memorandum of Understanding between CJD and the Texas
Department of Public Safety.
§3.19.Adoptions by Reference.
(a)
(No change.)
(b)
CJD adopts by reference the rules and documents listed
below that relate to the administration of CJD grants:
(1)
(No change.)
(2)
Office of Justice Programs[
(3)
(No change.)
(4)
Common Rule for OMB Circular
No.
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) - (10)
(No change.)
§3.25.Suspension of Rules.
Except where prohibited by state or federal statute, rule, regulation,
or guideline, the executive director may suspend any requirement in this chapter
upon a showing of good cause.
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 April 17, 2006.
TRD-200602183
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 28, 2006
For further information, please call: (512) 463-1919
2.
GRANT BUDGET REQUIREMENTS
1 TAC §§3.75, 3.79, 3.81, 3.87
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The amended rules implement the Texas Government Code, Title 7, §772.006(a),
which requires CJD 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) - (b)
(No change.)
(c)
Upon receipt of approval from CJD, a grantee
[
(d)
Grantees may [
§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. [
(b) - (c)
(No change.)
§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
an
[
(b)
CJD will not approve grant funds to purchase vehicles or
equipment for governmental agencies that are for general agency use. The
Edward Byrne Justice Assistance Grant Program
[
(c)
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
[
[
§3.87.Program Income.
(a)
(No change.)
(b)
Program income may only be used for allowable project costs
as reflected in an approved budget[
(c)
Grantees may not carry forward program income from
one grant year to the next. Grantees must refund to CJD any program income
remaining at the end of the grant period
[
(d)
As provided in §3.3(12) of this chapter, all
funds, accrued interest, and property awarded to a grantee under a forfeiture
action represent program income
[
[
[
[
[
[
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 April 17, 2006.
TRD-200602184
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 28, 2006
For further information, please call: (512) 463-1919
4.
SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT FUND
1 TAC §3.401
The amendment of this rule is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The amended rule implements the Texas Government Code, Title 7, §772.006(a),
which requires CJD 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.
§3.401.Source and Purpose.
(a) - (c)
(No change.)
(d)
The purpose of this grant program is to
support programs
that
[
(1)
prevent violence in and around schools
[
(2)
prevent the illegal use of alcohol, tobacco and drugs
[
(3)
involve parents and communities
[
(4)
are coordinated with federal, state, school, and community
efforts and resources to foster a safe and drug-free learning environment
that supports student academic achievement.
[
[
[
[
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 April 17, 2006.
TRD-200602185
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 28, 2006
For further information, please call: (512) 463-1919
1 TAC §3.615
(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 the Texas
Government Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt
rules and procedures as necessary.
The repeal of this rule implements the Texas Government Code, Title 7, §772.006(a),
which requires CJD 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.
§3.615.Mandatory 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 April 17, 2006.
TRD-200602186
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 28, 2006
For further information, please call: (512) 463-1919
1 TAC §§3.701, 3.703, 3.705, 3.711, 3.717
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The amended rules implement the Texas Government Code, Title 7, §772.006(a),
which requires CJD 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.
§3.701.Source and Purpose.
(a)
All rules in this division relate to the
Edward
Byrne
Memorial Justice Assistance
[
(b)
(No change.)
(c)
The fund's purpose is to [
§3.703.Project Requirements.
All projects must meet at least one of the following purpose areas:
(1)
law enforcement programs
[
(2)
prosecution and court programs
[
(3)
prevention and education programs
[
(4)
corrections and community corrections programs
[
(5)
drug treatment programs
[
(6)
planning, evaluation, and technology improvements.
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
§3.705.Eligible Applicants.
State agencies, units of local government,
tribal governments,
and neighborhood or community-based nonprofit corporations
[
§3.711. Ineligible Activities and Costs [
[
(1)
armored vehicles, vessels,
or aircraft;
(2)
luxury items;
(3)
real estate;
(4)
construction projects;
(5)
security enhancements for any
nongovernmental entity that is not engaged in criminal justice or public safety;
(6)
equipment for any nongovernmental
entity that is not engaged in criminal justice or public safety; and
(7)
any similar items not essential
to the maintenance of public safety.
[
§3.717.Confidential Funds.
(a)
(No change.)
(b)
The expenditure of confidential funds requires written
CJD approval either through an original grant award or
a
[
(c)
Grantees shall store confidential funds in a locked,
fireproof container such as a safe or vault until needed.
[
[
[
[
[
[
(d)
A grantee shall not use confidential funds to pay
confidential informants who are law enforcement officers or elected or appointed
public officials
[
(e)
If CJD no longer funds a grant and the grantee does
not continue project activities, then the grantee must refund all accumulated
confidential funds to CJD in the proportion of CJD funding
[
(f)
Grantees must comply with all applicable state and
federal statutes, rules, regulations and guidelines regarding confidential
funds, including the applicable requirements set forth in the Office of Justice
Programs Financial Guide
[
[
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 April 17, 2006.
TRD-200602187
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 28, 2006
For further information, please call: (512) 463-1919
1 TAC §§3.719, 3.721, 3.723, 3.725
(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 the Texas
Government Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt
rules and procedures as necessary.
The repeal of these rules implements the Texas Government Code, Title 7, §772.006(a),
which requires CJD 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.
§3.719.District Attorney Agreement.
§3.721.Certification of Drug Testing.
§3.723.Multi-jurisdictional Drug Task Force Advisory Boards.
§3.725.Task Force Personnel.
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 April 17, 2006.
TRD-200602188
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 28, 2006
For further information, please call: (512) 463-1919
1 TAC §§3.801, 3.803, 3.805, 3.809, 3.811
(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 the Texas
Government Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt
rules and procedures as necessary.
The repeal of these rules implements the Texas Government Code, Title 7, §772.006(a),
which requires CJD 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.
§3.801.Source and Purpose.
§3.803.Project Requirements.
§3.805.Eligible Applicants.
§3.809.Indirect Costs.
§3.811.Ineligible Activities and Costs.
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 April 17, 2006.
TRD-200602189
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 28, 2006
For further information, please call: (512) 463-1919
1 TAC §3.1103
The amendment of this rule is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The amended rule implements the Texas Government Code, Title 7, §772.006(a),
which requires CJD 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.
§3.1103.Project Requirements.
(a)
(No change.)
(b)
Grantees must give priority to inmates who have six
to 12 months remaining in their confinement so they can be released from prison
instead of returning to the general prison population after completing the
program.
[
[
[
[
[
[
(c)
Residential substance
[
(1)
be designed to last [
(2)
provide treatment in residential treatment facilities
that are set apart from the general correctional population in a completely
separate facility or a dedicated housing unit within a facility for the exclusive
use of project participants
[
(3) - (4)
(No change.)
(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
[
(d)
Jail-based substance abuse projects must:
[
(1)
be designed to last 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.
(e)
CJD gives preference to applicants whose projects
include 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.
[
(f)
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.
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 April 17, 2006.
TRD-200602190
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 28, 2006
For further information, please call: (512) 463-1919
1 TAC §§3.1301, 3.1303, 3.1305
The amendment of these rules is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The amended rules implement the Texas Government Code, Title 7, §772.006(a),
which requires CJD 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.
§3.1301.Source and Purpose.
(a)
(No change.)
(b)
These federal funds are authorized under
Title I of
the Omnibus Crime Control and Safe Streets Act of 1968, codified as amended
at 42 U.S.C. §3797j et seq
[
(c)
This program provides funds to improve the quality, timeliness,
and credibility of forensic science
and medical examiner
services
for criminal justice purposes.
§3.1303.Project Requirements.
(a)
All projects funded through this program must
meet
one or more of the following purposes areas
:
(1)
To carry out all or a substantial part of a program
intended to improve the quality and timeliness of forensic science or medical
examiner services in the State, including such services provided by the laboratories
operated by the State and those operated by units of government within the
State
[
(2)
To eliminate a backlog in the analysis of forensic
science evidence, including firearms examination, latent prints, toxicology,
controlled substances, forensic pathology, questionable documents, and trace
evidence. A backlog exists if forensic evidence has been stored in a laboratory,
medical examiner's office, coroner's office, law enforcement storage facility,
or medical facility, and has not been subjected to all appropriate forensic
testing because of a lack of resources or personnel
[
(3)
To train, assist, and employ forensic laboratory personnel
to eliminate a backlog as defined in paragraph (a)(2)
[
(b)
Laboratories must also comply with
[
(1)
Employ one or more full-time scientists 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
[
(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
[
(4)
Certify that a government entity exists and an appropriate
process is in place to conduct independent external investigations into allegations
of serious negligence or misconduct by employees or contractors substantially
affecting the integrity of forensic results
[
[
(c)
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 including 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;
(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; and
(6)
Preparation for accreditation, application for
accreditation, and maintenance fees charged by appropriate accrediting bodies
including the American Society of Crime Laboratory Directors/Laboratory Accreditation
Board, and the National Association of Medical Examiners.
§3.1305.Eligible Applicants.
State agencies and units of local government that operate the following:
(1)
(No change.)
(2)
unaccredited laboratories that
have applied for
[
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 April 17, 2006.
TRD-200602191
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 28, 2006
For further information, please call: (512) 463-1919
1 TAC §3.2007
(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 the Texas
Government Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt
rules and procedures as necessary.
The repeal of this rule implements the Texas Government Code, Title 7, §772.006(a),
which requires CJD 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.
§3.2007.Confidential Funds Certification.
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 April 17, 2006.
TRD-200602192
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 28, 2006
For further information, please call: (512) 463-1919
1 TAC §3.2009
The amendment of this rule is proposed under the Texas Government
Code, Title 7, §772.006(a)(10), which authorizes CJD to adopt rules and
procedures as necessary.
The amended rule implements the Texas Government Code, Title 7, §772.006(a),
which requires CJD 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.
§3.2009.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
ensure that
[
(b)
(No change.)
(c)
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
[
[
[
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 April 17, 2006.
TRD-200602193
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: May 28, 2006
For further information, please call: (512) 463-1919
, 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.
Subchapter B. GENERAL GRANT PROGRAM POLICIES
Grantees
] may [
not
] use grant funds to provide overtime pay
in accordance with the grantee's policy, unless such use is otherwise prohibited
by law
. [
Overtime pay is remuneration for hours worked in excess
of full-time on a CJD grant project. Grants under the Drug Court Program and
the Local Law Enforcement Block Grant Program are exempt from this subsection.
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.
]
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)
in accordance with the grantee's
policy
. 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.
Funds requested by multi-jurisdictional task forces for meals and lodging
are allowable only for travel to points at least 50 miles from the location
to which task force personnel are assigned.
]
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.
Local Law Enforcement
Block Grant program
] and the County Essential Services Grant
Program
[
program
] are exempt from this subsection.
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.]
, except as provided in subsection
(c) of this section. Otherwise, grantees must refund program income to CJD
].
CJD may require or allow
a grantee receiving grant funds for a multi-jurisdictional drug task force
project under the Byrne Formula Grant Program, or grant funds under the State
Criminal Justice Planning (421) Fund to transfer the CJD portion of program
income to another grant, grantee, agency, or to CJD
].
Grantees may not carry forward
program income from one grant year to the next, except as provided by subsections
(e) and (f) of this section
].
(e)
A grantee receiving grant
funds for a multi-jurisdictional drug task force project under the Byrne Formula
Grant Program may request to carry forward program income obtained from forfeiture
actions from one grant period to the next.]
(f)
A grantee receiving grant
funds under the State Criminal Justice Planning (421) Fund may request to
carry forward program income from one grant period to the next.]
(g)
A request to carry forward
program income in accordance with subsections (e) and (f) of this section
must be submitted to CJD with the grantee's final financial expenditure report.
Program income may not be carried forward without written CJD approval. A
grantee must report program income on its quarterly financial expenditure
reports in a timely and accurate manner to be eligible to carry forward program
income in accordance with subsections (e) and (f) of this section.]
(h)
Program income carried forward
in accordance with subsections (e) and (f) of this section must be used to
further the objectives of the grant project.]
(i)
As provided in §3.3(12)
of this chapter, all funds, accrued interest, and property awarded to a grantee
under a forfeiture action represent program income.]
Subchapter C. FUND-SPECIFIC GRANT POLICIES
implement the following drug and violence prevention services
]:
complementing and supporting local educational agency activities, including
developing and implementing activities to prevent and reduce violence associated
with prejudice and intolerance
];
disseminating information about drug and violence prevention
];
developing
and implementing community-wide drug and violence prevention planning and
organizing
];
and
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.]
6.
CRIME STOPPERS ASSISTANCE FUND
7.
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM
Formula
] Grant Program. The
funding agency for the source of these federal funds is the U.S. Department
of Justice. Grantees must comply with the grant management standards adopted
under §3.19 of this chapter.
reduce and
] prevent
[
illegal drug activity, crime,
] and
control crime
[
violence and to improve the functioning of the criminal justice system
].
multi-jurisdictional
task force projects that integrate federal, state and local drug law enforcement
agencies and prosecutors for the purpose of enhancing interagency coordination,
acquiring intelligence information, and facilitating multi-jurisdictional
investigations. Multi-jurisdictional task forces must use the Criminal Law
Enforcement Reporting Information System (CLERIS) and input task force drug
intelligence information into the system. Multi-jurisdictional task force
projects must be composed of law enforcement agencies located in no less than
two contiguous counties within the State of Texas
];
projects
designed to target the domestic sources of controlled and illegal substances,
such as precursor chemicals, diverted pharmaceuticals, clandestine laboratories,
and cannabis cultivation
];
projects
that will improve the operational effectiveness of law enforcement through
the use of crime analysis techniques, street sales enforcement, schoolyard
violator projects, and gang-related and low-income housing drug control projects
];
law enforcement and prevention projects that address problems with gangs or
youth who are at risk of becoming involved in gangs
];
financial investigation
projects that target the identification of money-laundering operations and
assets obtained through illegal drug trafficking, including the development
of proposed model legislation, financial investigative training, and financial
information-sharing systems
];
or
projects that improve the operational effectiveness of the court
process by expanding prosecution, defender, and judicial resources and by
implementing court delay-reduction programs;
]
(7)
criminal justice information
systems, including automated fingerprint identification systems, that assist
law enforcement, prosecution, courts and corrections' organizations;]
(8)
innovative projects that demonstrate
new and different approaches to the enforcement, prosecution, and adjudication
of drug offenses and other serious crimes;]
(9)
drug control evaluation projects
that state and local units of government may use to evaluate projects directed
at state drug control activities;]
(10)
projects to develop and implement
anti-terrorism training projects and to procure equipment for use by local
law enforcement authorities;]
(11)
improving or developing forensic
laboratory capabilities to analyze DNA for identification purposes;]
(12)
demand reduction education
programs in which law enforcement officers participate;]
(13)
career criminal prosecution
programs including the development of proposed model drug control legislation;]
(14)
programs designed to provide
additional public correctional resources and improve the corrections system,
including treatment in prisons and jails, intensive supervision programs,
and long-range corrections and sentencing strategies;]
(15)
providing prison industry
projects designed to place inmates in a realistic working and training environment
which will enable them to acquire marketable skills and to make financial
payments for restitution to their victims, for support of their own families,
and for support of themselves in the institution;]
(16)
providing programs which
identify and meet the treatment needs of adult and juvenile drug-dependent
and alcohol-dependent offenders;]
(17)
developing and implementing
programs which provide assistance to jurors and witnesses, and assistance
(other than compensation) to victims of crimes;]
(18)
developing programs to improve
drug control technology, such as pretrial drug testing programs, programs
which provide for the identification, assessment, referral to treatment, case
management and monitoring of drug-dependent offenders, and enhancement of
state and local forensic laboratories;]
(19)
improving the criminal and
juvenile justice system's response to domestic and family violence, including
spouse abuse, child abuse, and abuse of the elderly;]
(20)
providing alternatives to
prevent detention, jail, and prison for persons who pose no danger to the
community;]
(21)
providing community and neighborhood
programs that assist citizens in preventing and controlling crime, including
special programs that address the problems of crimes committed against the
elderly and special programs for rural jurisdictions;]
(22)
disrupting illicit commerce
in stolen goods and property;]
(23)
improving the investigation
and prosecution of white-collar crime (e.g., organized crime, public corruption
crimes, and fraud against the government with priority attention to cases
involving drug-related official corruption);]
(24)
developing and implementing
anti-terrorism plans for deep draft ports, international airports, and other
important facilities;]
(25)
addressing the problems of
drug trafficking and the illegal manufacture of controlled substances in public
housing;]
(26)
programs of which the primary
goal is to strengthen urban enforcement and prosecution efforts targeted at
street drug sales;]
(27)
prosecution of driving while
intoxicated charges and the enforcement of other laws relating to alcohol
use and the operation of motor vehicles;]
(28)
addressing the need for effective
bindover systems for the prosecution of violent 16 and 17-year-old juveniles
in courts with jurisdiction over adults for (certain enumerated) violent crime;]
(29)
enforcing child abuse and
neglect laws, including laws protecting against child sexual abuse, and promoting
programs designed to prevent child abuse and neglect;]
(30)
establishing or supporting
cooperative programs between law enforcement and media organizations to collect,
record, retain, and disseminate information useful in the identification and
apprehension of suspected criminal offenders; or]
(31)
projects to improve the quality,
timeliness, and credibility of forensic science services for criminal justice
purposes.]
crime
control and prevention districts, and Indian tribes that perform law enforcement
functions (as determined by the Secretary of the Interior)
] are eligible
to apply for grants under this fund.
Years of Funding ].
(a)
]
Grantees may not use grant funds to purchase,
lease, rent, or acquire any of the following:
[
Funding is available
for a grant project for up to four years. CJD exempts multi-jurisdictional
drug task forces from this policy.
]
(b)
The purpose of the four-year
limitation is to encourage innovative programming with grantees assuming the
cost of programs proven to be successful following the period of federal funding
support.]
subsequent
] grant adjustment.
The
[
CJD will also ensure
that the
] grantee's controls over the disbursement of confidential funds
must be
[
are
] adequate to safeguard against the misuse of
the funds. [
CJD will render its determination after reviewing the grant
application and the accompanying signed certification.
]
The
time limit and approval levels for the official advance of funds are as follows:
]
(1)
up to two calendar days advance
requires the Field Supervisor's written approval;]
(2)
three to seven calendar days
advance requires the commander's written approval;]
(3)
eight to 30 calendar days
requires the project director's written approval; and]
(4)
31 to 60 calendar days requires
CJD written approval.]
(5)
if the payment to a confidential
informant is in excess of $2,500, the grantee must submit a written request
for approval to the regional Texas Department of Public Safety commander or
his designee prior to making any payment to a confidential informant.]
Approval beyond seven calendar days should be
limited to special operations, special deployments and other exceptional situations
].
In
considering whether to approve these requests, CJD reviews the amount of funds
involved and the security under which the funds are being held. Grantees should
store funds in a locked, fireproof container such as a safe or vault until
needed
].
Under no circumstances may a grantee
use confidential funds to pay confidential informants who are law enforcement
officers or elected or appointed public officials
].
(g)
If CJD no longer funds a grant
and the grantee does not continue project activities, then the grantee must
refund all accumulated confidential funds to CJD in the proportion of CJD
funding.]
7.
BYRNE FORMULA GRANT PROGRAM
8.
LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM
11.
RESIDENTIAL SUBSTANCE ABUSE TREATMENT GRANT PROGRAM
Residential substance abuse projects must:
]
(1)
be designed to last for not
less than six nor more than 12 months;]
(2)
provide treatment in residential
treatment facilities that are set apart from the general correctional population
in a completely separate facility or a dedicated housing unit within a facility
for the exclusive use of project participants;]
(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.]
Jail-based substance
] abuse projects must:
for
] not less than
six nor more than 12
[
three
] months;
make every effort to set apart the
treatment population from the general correctional population
];
be science-based and effective
].
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.
]
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.
]
13.
COVERDELL FORENSIC SCIENCES PROGRAM
the Consolidated Appropriations
Act of 2004, Public Law 108-99
].
Employ one or more full-time scientists 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
].
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
].
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
].
Allowable
expenditures are limited to
] the following
operational requirements
:
Laboratory and
computer equipment including upgrading, replacing, and purchasing laboratory
equipment, instrumentation, and computer hardware or software for forensic
analyses and data management
].
Supplies including laboratory items needed to perform analyses
and to conduct validation studies, and other expenses directly attributable
to conducting various types of forensic analyses
].
Costs associated
with personnel, such as overtime, fellowships, visiting scientists, interns,
consultants or contracted staff
].
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.]
are in the process of obtaining
] accreditation.
Subchapter D. CONDITIONS OF GRANT FUNDING
obtain authorized approval signatures on
] the cooperative working agreement
is signed by
[
from
] each participating organization. Grantees must maintain on file a
signed copy of all cooperative working agreements.
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.]
Subchapter E. ADMINISTERING GRANTS