Section 1520.10  Purpose and Authorization

 

a)         The Illinois Criminal Justice Information Authority (Authority) establishes this Part to exercise its responsibility to apply for, receive, establish priorities for, allocate, disburse and spend grant funds that are made available by...the United States pursuant to the federal Crime Control Act of 1973 (P.L. 93-83),  as amended, and similar federal legislation, and to enter into agreements with the United States Government to further the purposes of the Act, or as may be required as a condition of obtaining federal funds,.... [20 ILCS 3930/7(k)]

 

b)         Pursuant to the Organizational rules of the Illinois Criminal Justice Information Authority (2 Ill. Adm. Code 1750.340), the Budget Committee has the duty to oversee the grant award procedures of the Authority. This duty includes responsibility for establishing grant award procedures, submission of the Applications for funds and oversight of the grant award procedures for Victims of Crime Act of 1984 (P.L. 98-473, effective October 12, 1984), Anti-Drug Abuse Act of 1988 (P.L. 100-690, effective November 18, 1988), Violence Against Women Act of 1994 (P.L. 103-322, effective September 13, 1994), and other federal program funds that the Authority is designated to administer.

 

(Source:  Amended at 21 Ill. Reg. 8909, effective June 27, 1997)

 

Section 1520.20  Definitions

 

Adverse Action – The term "adverse action" means any or all of the following with respect to federal funds administered by the Authority:

 

The suspension by the Executive Director of the performance of an interagency agreement for more than twenty-eight (28) days aggregated within a twelve month period, exclusion of any period of extension that may be granted under Section 1520.50(c).

 

The termination of an interagency agreement by the Executive Director.

 

The denial by the Executive Director of a request for a material revision to an interagency agreement.

 

Application – The term "Application" means the document submitted by the Authority on behalf of the State of Illinois to apply for funds available from a federal agency.

 

Budget Committee – The term "Budget Committee" means the Budget Committee of the Authority as empowered by the Organizational Rules of the Illinois Criminal Justice Information Authority (2 Ill. Adm. Code 1750.340).

 

Executive Director – The term "Executive Director" means the Executive Director of the Authority (Ill. Rev. Stat. 1983, ch. 38, par. 210-6 and 2 Ill. Adm. Code 1750.350.).

 

Interagency Agreement – The term "interagency agreement" means a contract between the Authority and a unit of state or local government or a not-for-profit organization whereby the Authority provides funds to carry out specified programs, services, or activities.

 

Implementing Agency – The term "implementing agency" means any party, including the Authority, designated to receive funds administered by the Authority pursuant to these rules.

 

Section 1520.30  Application and Receipt of Justice Assistance Act of 1984 Funds (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 8909, effective June 27, 1997)

 

Section 1520.40  Application and Receipt of Victims of Crime Act of 1984 Funds

 

a)         The Authority will annually review Section 1404 of the Victims of Crime Act of 1984 (P.L. 98-473, effective October 12, 1984) and based on the requirements of Section 1404(a) and (b), the need for services to victims and the services available to address that need, as evidenced by oral and written comment and testimony received at public meetings conducted pursuant to the Open Meetings Act (Ill. Rev. Stat. 1983, ch. 102, par. 41 et seq.), select program priorities for each federal fiscal year.  Such funding priorities shall be selected by the Authority at a public meeting in conformance with the Open Meetings Act and the Authority's rules (2 Ill. Adm. Code 1750.310 et seq.).

 

b)         For purposes of determining the distribution of federal funds made available to the State of Illinois through the Victims of Crime Act of 1984, the Authority shall give priority to those units of local government and not-for-profit organizations providing assistance to victims of sexual assault, spousal abuse, or child abuse. To that end, based upon the funding priorities selected by the Authority pursuant to subsection (a) above, the Executive Director shall use the following evaluation criteria to identify those units of local government and not-for-profit organizations eligible for the receipt of federal funds:

 

1)         demonstration of either a record of providing effective services to victims of crime and financial support from sources other than the Victims of Crime Fund or substantial financial support from sources other than the Victims of Crime Fund;

 

2)         utilization of volunteers in providing such services;

 

3)         promotion within the community served of coordinated public and private efforts to aid crime victims;

 

4)         assistance of potential recipients in seeking crime victim compensation benefits;

 

5)         an analysis of need as evidenced by demographic and criminal justice data; and

 

6)         current research findings.

 

A unit of local government or not-for-profit organization, so identified, shall be contacted by the Executive Director to assess its interest in and ability to qualify for the receipt of federal funds pursuant to the requirements of the Victims of Crime Act of 1984 and, if so interested and so qualified, to prepare a description of programs or services that identifies the problem to be addressed, states goals and objectives, and indicates the means by which the unit of local government or not-for-profit organization proposes to achieve those objectives.  A unit of local government or not-for-profit organization not so identified by the Executive Director shall, however, upon written request to the Executive Director, be included among those units of local government or not-for-profit organizations evaluated by the Executive Director pursuant to the criteria described herein.

 

c)         The Budget Committee shall, at a public meeting, designate programs or services, implementing agencies, and amounts for funding which address one or more of the program priorities specified by the Authority in subsection (a) above, consistent with the Victims of Crime Act of 1984 and the Program Guidelines for Crime Victim Assistance Grants of the Department of Justice, Office of Justice programs (50 FR 43011, et seq., October 23, 1985).  The Budget Committee's decision to designate these programs or services, implementing agencies and fund amounts shall be based upon equal consideration of the following factors:

 

1)         the recommendations of the Executive Director made pursuant to subsection (b) above;

 

2)         comments from the public and State and local officials;

 

3)         the availability of funds; and

 

4)         the overall cost of the program or services.

 

d)         Pursuant to Section 1402(d)(2) of the Victims of Crime Act of 1984 and the Program Guidelines for Crime Victim Assistance Grants, the Application to the Office for Victims of Crime shall include a table of fund allocations and those certifications and assurances listed in Section 1404 of the Victims of Crime Act of 1984.

 

e)         Upon notification by the Office for Victims of Crime that an Application has been approved, the Executive Director shall enter into interagency agreements with the implementing agencies designated by the Budget Committee pursuant to subsection (c) above, specifying the terms and conditions under which the programs, services, or activities are to be conducted and the federal funds are to be received.  If the Authority is the designated implementing agency, then the Executive Director shall document such terms and conditions, which, to become effective, must be accepted in writing by the Chairman of the Authority.

 

Section 1520.45  Application and Receipt of State and Local Law Enforcement Assistance Act of 1986 Funds (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 8909, effective June 27, 1997)

 

Section 1520.46  Application and Receipt of Anti-Drug Abuse Act of 1988 Funds

 

a)         The Authority will annually review Section 501 of the Anti-Drug Abuse Act of 1988 (P.L. 100-690, effective November 18, 1988) and based on the need for services to enforce state and local laws that establish offenses similar to offenses established in the Controlled Substances Act (21 U.S.C. 801 et. seq.) and to improve the functioning of the criminal justice system with emphasis on violent crime and serious offenders, the services available to address that need, and oral and written comment and testimony received at public meetings conducted pursuant to the Open Meetings Act (Ill. Rev. Stat. 1987, ch. 102, par. 41 et seq.), select program funding priorities for each federal fiscal year. Such funding priorities shall be selected by the Authority at a public meeting in conformance with the Open Meetings Act and the Authority's rules (2 Ill. Adm. Code 1750.310 et seq.).

 

b)         Federal funds made available to the State of Illinois through the Anti-Drug Abuse Act of 1988 shall be distributed to State agencies and units of local government. In distributing funds among urban, rural and suburban units of local government and combinations thereof, the Authority shall give priority to those jurisdictions with the greatest need. Based on the funding priorities selected by the Authority pursuant to subsection (a) above, the Executive Director shall use the following evaluation criteria to identify those State agencies and units of local government eligible for the receipt of federal funds:

 

1)         analysis of need as evidenced by demographic and criminal justice data;

 

2)         comments from the public and state and local officials;

 

3)         information (including but not limited to drug activity information, arrests, prosecutions, drug types, prior experience with grants and current efforts regarding drug enforcement) indicating the likelihood that a State agency or unit of local government will achieve the desired objectives of the Anti-Drug Abuse Act of 1988;

 

4)         drug law enforcement and violent crime information, including arrests, prosecutions, convictions, recidivism, (percentages as well as gross numbers), overdose, information provided to police by citizens, and treatment information such as admissions to programs; and

 

5)         current research findings.

 

c)         A unit of local government or State agency, so identified pursuant to subsection (b) above, shall be contacted by the Executive Director to assess its interest in and ability to qualify for the receipt of federal funds pursuant to the requirements of the Anti-Drug Abuse Act of 1988 and, if so interested and so qualified, to prepare a description of programs or services that identifies the problem to be addressed, states goals and objectives, and indicates the means by which the unit of local government or State agency proposes to achieve those goals and objectives. In assessing the interest in and ability to qualify for the receipt of the above-mentioned funds, the Executive Director shall consider resolutions from county and municipal boards and written assurance from these boards of their ability to obtain the required matching money.

 

d)         A unit of local government or state agency not so contacted by the Executive Director pursuant to subsection (c) above shall, however, upon written request to the Executive Director, be included among those units of local government or State Agencies evaluated by the Executive Director pursuant to the criteria established in subsection (b) above. Such written request shall include a description of programs or services that identifies the problem to be addressed, states goals and objectives, and indicates the means by which the unit of local government or State Agency proposes to achieve those goals and objectives. In assessing the interest in and ability to qualify for the receipt of federal funds pursuant to the Anti-Drug Abuse Act of 1988, the Executive Director shall consider resolutions from county and municipal boards and written assurance from these boards of their ability to obtain the required matching money. If the Executive director determines that the unit of local government or State Agency is not so eligible or so qualified, the Executive Director shall notify the unit of local government or State Agency, within 45 days of receipt of the written request, that it will not be recommended for funding and the reasons for such recommendation. The unit of local government or State Agency may submit a written request for reconsideration to the Chairman of the Budget Committee within 28 days from receiving notice from the Executive Director. The written request for reconsideration shall include the reasons for requesting reconsideration by the Budget Committee.

 

e)         The Budget Committee shall, at a public meeting conducted pursuant to the Open Meetings Act, designate programs or projects, implementing agencies, and amounts for funding which address one or more of the program priorities specified by the Authority in subsection (a) above, consistent with the Anti-Drug Abuse Act of 1988. The Budget Committee's decision to designate these programs or services, implementing agencies and fund amounts shall be based upon equal consideration of the following factors:

 

1)         the recommendations of the Executive Director made pursuant to subsection (b) above and written requests for reconsideration made pursuant to subsection (d) above;

 

2)         comments from the public and State and local officials;

 

3)         the proven effectiveness of a program, by making a prudent assessment of the problem to be addressed by a proposed program;

 

4)         the likelihood that a program will achieve the desired objectives, by making a prudent assessment of the concepts and implementation plans included in a proposed program and by the results of any evaluations of previous tests, demonstrations or similar programs;

 

5)         the availability of funds; and

 

6)         the overall cost of the program or services.

 

f)         Pursuant to Section 503 of the Anti-Drug Abuse Act of 1988, the Application to the Bureau of Justice Assistance shall include a statewide strategy for drug and violent crime control programs which improve the functioning of the criminal justice system, with an emphasis on drug trafficking, violent crime and serious offenders, and those certifications and assurances listed in Section 503 of the Anti-Drug Abuse Act of 1988.

 

g)         Upon notification by the Bureau of Justice Assistance that an Application has been approved, the Executive Director shall enter into interagency agreements with those implementing agencies designated by the Budget Committee pursuant to subsection (e) above, specifying the terms and conditions under which the programs or projects are to be conducted and the federal funds are to be received. If the Authority is the designated implementing agency, then the Executive Director shall document such terms and conditions, which, to become effective, must be accepted in writing by the Chairman of the Authority. The terms and conditions shall include but not be limited to reporting requirements that reflect fiscal expenditures and progress toward program objectives, compliance with applicable laws and regulations, maintenance of financial and program records beyond the expiration of the agreement, the prohibition of subcontracting or assignment of agreements without prior written approval of the Authority, audit procedures as described in the federal laws and regulations listed in Section 1520.50(a), and the status of the implementing agency as an independent contractor.

 

(Source:  Added at 13 Ill. Reg. 5926, effective April 17, 1989)

 

Section 1520.47  Application and Receipt of Violence Against Women Act of 1994 Funds

 

a)         The Authority will annually review Section 2001 of the Violence Against Women Act of 1994 (P.L. 103-322, effective September 13, 1994) and based on the need to strengthen law enforcement, prosecution and victim services in cases involving violent crimes against women, particularly crimes of sexual assault and domestic violence, the services available to address that need, consultation with nonprofit, nongovernmental victim service programs, and oral and written comment and testimony received at public meetings conducted pursuant to the Open Meetings Act [5 ILCS 120], will select program funding priorities for each federal fiscal year. Such funding priorities shall be selected by the Authority at a public meeting in conformance with the Open Meetings Act and the Authority's rules (2 Ill. Adm. Code 1750.330).

 

b)         Federal funds made available to the State of Illinois through the Violence Against Women Act of 1994 may be distributed to State agencies, units of local government, and nonprofit, nongovernmental victim services programs.  In distributing funds, the Authority will give priority to areas of varying geographic size with the greatest needs, consider the population to be served within a geographic area, assure that the needs of previously underserved populations are identified and addressed, and equitably distribute monies on a geographic basis, including non-urban and rural areas of various geographic sizes.  Based on the funding priorities selected by the Authority pursuant to subsection (a) above, the Executive Director shall use the following evaluation criteria to identify those State agencies, units of local government, and nonprofit, nongovernmental victim services programs eligible for the receipt of federal funds:

 

1)         analysis of need as evidenced by public health data, data regarding orders of protection, and demographic and criminal justice data;

 

2)         comments from the public, service providers, and State and local officials;

 

3)         information (including but not limited to prior experience with grants and current efforts regarding cases involving violent crimes against women) indicating the likelihood that a State agency, unit of local government, or nonprofit, nongovernmental victim services program will achieve the desired objectives of the Violence Against Women Act of 1994;

 

4)         criminal justice and victim service agency surveys, which include information regarding service availability and the numbers of victims actually served, and the incidence of violent crimes against women (percentages as well as gross numbers);

 

5)         current research findings; and

 

6)         consultation with nonprofit, nongovernmental victim service programs.

 

c)         A State agency, unit of local government, or nonprofit, nongovern- mental victim service program, so identified pursuant to subsection (b) above, shall be contacted by the Executive Director to assess its interest in and ability to qualify for the receipt of federal funds pursuant to the requirements of the Violence Against Women Act of 1994 and, if so interested and so qualified, to prepare a description of programs or services that identifies the problem to be addressed, states goals and objectives, and indicates the means by which the State agency, unit of local government, or nonprofit, nongovernmental victim service program proposes to achieve those goals and objectives.  In assessing the interest in and ability to qualify for the receipt of the above-mentioned funds, the Executive Director shall consider resolutions from county and municipal boards and written assurance from these boards of their ability to obtain the required matching contribution.

 

d)         A State agency, unit of local government, or nonprofit, nongovern- mental victim service program not so contacted by the Executive Director pursuant to subsection (c), shall, however, upon written request to the Executive Director, be included among those State agencies, units of local government, or nonprofit, nongovernmental victim service programs evaluated by the Executive Director pursuant to the criteria established in subsection (b) above.  Such written request shall include a description of programs or services that identifies the problem to be addressed, states goals and objectives, and indicates the means by which the State agency, unit of local government, or nonprofit, nongovernmental victim service program proposes to achieve those goals and objectives.  In assessing the interest in and ability to qualify for the receipt of federal funds pursuant to the Violence Against Women Act of 1994, the Executive Director shall consider resolutions from county and municipal boards and written assurance from these boards of their ability to obtain the required matching contribution.  If the Executive Director determines that the State agency, unit of local government, or nonprofit, nongovernmental victim service program is not so eligible or so qualified, the Executive Director shall notify the State agency, unit of local government, or nonprofit, nongovernmental victim service program, within 45 days after receipt of the written request, that it will not be recommended for funding and the reasons for such recommendation.  The State agency, unit of local government, or nonprofit, nongovernmental victim service program may submit a written request for reconsideration to the Chairman of the Budget Committee within 28 days from receiving notice from the Executive Director.  The written request for reconsideration shall include the reasons for requesting reconsideration by the Budget Committee.

 

e)         The Budget Committee shall, at a public meeting conducted pursuant to the Open Meetings Act, designate programs or projects, implementing agencies, and amounts for funding, which address one or more of the program priorities specified by the Authority in subsection (a) above, consistent with the Violence Against Women Act of 1994.  The Budget Committee's decision to designate these programs or services, implementing agencies and fund amounts shall be based upon equal consideration of the following factors:

 

1)         the recommendations of the Executive Director made pursuant to subsection (b) above and written requests for reconsideration made pursuant to subsection (d) above;

 

2)         comments from the public, service providers and State and local officials;

 

3)         the proven effectiveness of a program, by making a prudent assessment of the problem to be addressed by a proposed program;

 

4)         the likelihood that a program will achieve the desired objectives, by making a prudent assessment of the concepts and implementation plans included in a proposed  program and by the results of any evaluations of previous tests, demonstrations or similar programs;

 

5)         the availability of funds;

 

6)         the overall cost of the program or services; and

 

7)         the requirement that a minimum of 25% of the funds received be distributed to each of the following: law enforcement, prosecution, and victim services.

 

f)         Pursuant to Section 2002 of the Violence Against Women Act of 1994, the Application to the Violence Against Women Grants Office shall include a State implementation plan describing identified goals and how funds will be used to achieve those goals, and those certifications and assurances listed in Section 2002 of the Violence Against Women Act of 1994.

 

g)         Upon notification by the Violence Against Women Grants Office that an Application has been approved, the Executive Director shall enter into interagency agreements with those implementing agencies designated by the Budget Committee pursuant to subsection (e) above, specifying the terms and conditions under which the programs or projects are to be conducted and the federal funds are to be received.  If the Authority is the designated implementing agency, then the Executive Director shall document such terms and conditions, which, to become effective, must be accepted in writing by the Chairman of the Authority.  The terms and conditions shall include but not be limited to reporting requirements that reflect fiscal expenditures and progress toward program objectives, compliance with applicable laws and regulations, maintenance of financial and program records beyond the expiration of the agreement, the prohibition of subcontracting or assignment of agreements without prior written approval of the Authority, audit procedures as described in the federal laws and regulations listed in Section 1520.50(a), and the status of the implementing agency as an independent contractor.

 

(Source:  Amended at 21 Ill. Reg. 8909, effective June 27, 1997)

 

Section 1520.48  Application and Receipt of other Federal Program Funds

 

a)         If required by the funding source or if federal program purposes would be furthered by doing so, the Authority shall select funding priorities which shall guide the funding process. Funding priorities may identify the types of eligible implementing agencies, federal program purpose areas, specific project types, or costs that shall be given consideration for funding. Funding priorities shall be selected by the Authority at a public meeting in conformance with the Open Meetings Act [5 ILCS 120] and the Authority's rules (2 Ill. Adm. Code 1750.330), and shall be developed according to the following criteria:

 

1)         if required by the funding source or if federal program purposes would be furthered by doing so, oral and written comment and testimony received at public meetings conducted in conformance with the Open Meetings Act;

 

2)         comments from State and local officials, not for profit organizations, or other organizations, entities or persons that have experience and expertise in areas that are relevant to federal program purposes;

 

3)         information, current research findings and surveys that are relevant to federal program purposes; and

 

4)         analysis of the needs of eligible implementing agencies, the need to fund projects that cover federal program purposes and the need for items that represent allowable costs, as evidenced by relevant demographic, medical, social science, criminal justice and statistical data, and available resources that already address such needs.

 

b)         The Authority shall review the purposes of federal program funds, other than those subject to Section 1520.40, 1520.46 or 1520.47, and make a determination, at a public meeting in conformance with the Open Meetings Act, as to whether a needs-based or competitive funding process would best meet the overall goals and objectives of the federal program.  To make that determination, the Authority shall consider:

 

1)         the requirements of the funding source, including:

 

A)        the number, and types, of federal program purpose areas;

 

B)        the number, and types, of implementing agencies eligible for funding;

 

C)        the number, and types, of costs to which the funds may be applied; and

 

D)        other conditions and restrictions imposed by the funding source, and State and federal law;

 

2)         the immediacy of the need to spend the funds, including whether the funds are to be used to serve immediate and vital needs of persons or communities, and whether the length of time during which the funds must be spent is insufficient to allow for a competitive funding process;

 

3)         the services currently available to meet the needs of the federal program; and

 

4)         funding priorities as described in subsection (a) above, if it was necessary for the Authority to select such priorities.

 

c)         If the Authority chooses to distribute the funds on a competitive basis as provided in subsection (b) above, then the Executive Director of the Authority shall develop a request for proposals (RFP) based on the following criteria:

 

1)         funding priorities as described in subsection (a) above, if it was necessary for the Authority to select such priorities;

 

2)         requirements imposed on the Authority and potential recipient implementing agencies by the funding source, and State and federal law;

 

3)         the nature and complexity of federal program purpose areas;

 

4)         the number and types of implementing agencies eligible to receive funds;

 

5)         an analysis of need, as described in subsection (a)(4) above;

 

6)         information, current research findings and surveys that are relevant to federal program purposes; and

 

7)         demographic, medical, social science, criminal justice and statistical data that is relevant to federal program purposes.

 

d)         RFPs developed pursuant to the criteria described in subsection (c) above shall include:

 

1)         the purposes, goals and objectives of the federal program, and the types of projects that will be considered for funding;

 

2)         requirements that implementing agencies receiving funds must meet, and adhere to, such as eligibility, reporting and fiscal requirements;

 

3)         certifications required by the funding source, and State and federal law, including, but not limited to, the State of Illinois Drug-Free Workplace certification, State and federal debarment certifications, and State bribery and bid-rigging certifications;

 

4)         the criteria by which the Budget Committee or, at the Budget Committee's direction, the Executive Director of the Authority will select proposals for funding; such criteria shall be given an associated weight and shall include:

 

A)        the adequacy with which the proposed project reflects the purposes, goals and objectives of the federal program;

 

B)        whether the proposer is an eligible implementing agency as defined by federal program requirements;

 

C)        the technical merit of the project design, as reflected in the proposal received by the Authority;

 

D)        the qualifications of key personnel, as reflected in the descriptions or resumes that the proposer submitted to the Authority, if the nature of the projects that will be considered for funding calls for an assessment of such criteria;

 

E)        the sufficiency of the proposal's management plan, which includes an assessment of the methods by which the proposer will administer the project, both fiscally and programmatically, to achieve the goals and objectives of the project;

 

F)         the proposer's capability to carry out the goals and objectives of the project in the manner reflected by the proposal received by the Authority;

 

G)        the adequacy of the proposed project budget, which includes an assessment of the reasonableness and allowability of the costs that were estimated and included in the budget;

 

H)        the proposer's history of administering projects similar to the one proposed and of receiving and managing federal program funds, if applicable; and

 

I)         any additional criteria required by the funding source or that would further federal program purposes;

 

5)         the deadline by which, and location where, proposals must be received by the Authority;

 

6)         the total amount, and sources, of federal funding available for distribution through the RFP process, and the maximum amount of federal funding that eligible implementing agencies may apply for through the submission of an RFP;

 

7)         any matching contribution requirements that shall be imposed upon implementing agencies that receive federal funds;

 

8)         the anticipated time period of the projects which may be funded;

 

9)         funding priorities as described in subsection (a) above, if it was necessary for the Authority to select such priorities; and

 

10)         any other information required by the funding source or that would further federal program purposes.

 

e)         The Budget Committee, or, at the Budget Committee's direction, the Executive Director of the Authority, shall make designations as to specific projects, specific implementing agencies and funding amounts, based on the criteria set forth in the RFP, as described in subsection (d) above; Budget Committee designations shall be made, and Executive Director designations shall be reported, at public meetings conducted in conformance with the Open Meetings Act.

 

f)         If the Authority chooses to distribute the funds using a needs based process, based on the criteria in subsection (b) above, then the Executive Director of the Authority shall make funding recommendations to the Budget Committee, which may include recommendations as to implementing agencies, projects, and costs that should be covered by federal program funds; the Executive Director's recommendations to the Budget Committee shall be based upon:

 

1)         funding priorities as described in subsection (a) above, if it was necessary for the Authority to select such priorities;

 

2)         analysis of the needs of types of eligible implementing agencies, the need to fund projects that will cover federal program purposes, and the need for items, such as equipment or services, that represent allowable costs, as evidenced by relevant demographic, medical, social science, criminal justice and statistical data, and available resources that already address such needs;

 

3)         requirements imposed by the funding source, and State and federal law, on the Authority and potential recipient implementing agencies;

 

4)         the nature and complexity of federal program purpose areas;

 

5)         the number and types of implementing agencies eligible to receive funds;

 

6)         comments from the public, State and local officials, not for profit organizations, or other organizations, entities or persons that have experience and expertise in areas that are relevant to federal program purposes; and

 

7)         information, current research findings and surveys that are relevant to federal program purposes.

 

g)         The Budget Committee shall make designations as to specific projects, specific implementing agencies and funding amounts; Budget Committee designations shall be made at public meetings in conformance with the Open Meetings Act and shall be based upon:

 

1)         funding recommendations made by the Executive Director of the Authority according to subsection (f) above;

 

2)         analysis of the needs of eligible implementing agencies, the need to fund projects that will cover federal program purposes, and the need for items, such as equipment or services, that represent allowable costs, as evidenced by relevant demographic, medical, social science, criminal justice and statistical data, and available resources that already address such needs;

 

3)         comments from the public, State and local officials, not for profit organizations, or other organizations, entities or persons that have experience and expertise in areas that are relevant to federal program purposes;

 

4)         the period of availability of the federal program funds and the immediacy of the need to spend the funds, including whether federal program funds are to be used to serve immediate and vital needs of persons or communities that specific implementing agencies and specific projects could readily address;

 

5)         the likelihood that a specific project type will achieve the overall goals and objectives of the federal program by: making an assessment of the adequacy with which a specific project type will meet the purposes, goals and objectives of the federal program; examination of the results of evaluations of existing similar projects; and analysis of results of tests or demonstrations that are relevant to the federal program's purposes, goals and objectives;

 

6)         the effectiveness of a specific project type, by making an assessment of the manner in which a particular problem will be addressed by the project type;

 

7)         the efficiency with which a specific implementing agency could administer a project and the overall costs of specific project types; and

 

8)         the ability of a specific entity to secure alternate funding sources for the project once federal program funds are no longer available.

 

h)         Pursuant to applicable federal legislation and guidelines, the Application to the funding source shall include all information, certifications and assurances that are required by the funding source.

 

i)          Subsequent to notification by the funding source that an Application has been approved, the Executive Director shall enter into interagency agreements with those implementing agencies designated to receive federal program funds pursuant to subsections (e) and (g) above, specifying the terms and conditions under which the projects are to be conducted and the federal funds are to be received. If the Authority is the designated implementing agency, then the Executive Director shall document such terms and conditions, which, to become effective, must be accepted in writing by the Chairman of the Authority.  The terms and conditions shall include but not be limited to reporting requirements that reflect fiscal expenditures and progress toward program objectives, compliance with applicable laws and regulations, maintenance of financial and program records beyond the expiration of the agreement, the prohibition of subcontracting or assignment of agreements without prior written approval of the Authority, audit procedures as described in the federal laws and regulations listed in Section 1520.50(a), and the status of the implementing agency as an independent contractor.

 

(Source:  Added at 21 Ill. Reg. 8909, effective June 27, 1997)

 

Section 1520.50  Administration of Federal Funds

 

a)         All implementing agencies shall operate in conformance with the following state and federal laws, rules, regulations and guidelines, when applicable, hereby incorporated by reference:  the Victims of Crime Act of 1984; the Anti-Drug Abuse Act of 1988; the Violence Against Women Act of 1994; the Office of Justice Programs' Financial Guide; the Office of Management and Budget Circular A-128 (50 FR 19114, effective April 12, 1985); the Office of Management and Budget Circular A-133 (61 FR 19133, effective April 30, 1996); the Illinois Grant Funds Recovery Act [30 ILCS 705]; the Illinois Purchasing Act [30 ILCS 505]; the State Comptroller Act [15 ILCS 405]; the U.S. Department of Justice, Bureau of Justice Assistance, Rules for Criminal Justice Block Grants (28 CFR 33.1 et seq., effective May 30, 1985); the U.S. Department of Justice Regulations Governing Criminal History Record Information Systems (28 CFR 20.1 et seq., effective December 6, 1977); the U.S. Department of Justice Regulations Governing the Confidentiality of Identifiable Research and Statistical Information (28 CFR 22.1 et seq., effective December 15, 1976); the Office of Justice Programs Victim Assistance Grant Program Final Program Guidelines (60 FR 55051 et seq., effective October 27, 1995); the Department of Justice Program Guidelines for the Drug Control and System Improvement Formula Grant Program (53 FR 52244 et seq., effective December 27, 1988); the Department of Justice Program Guidelines for the STOP Violence Against Women Formula and Discretionary Grants Program (Grants to Combat Violent Crimes Against Women) (28 CFR 90 et seq., effective April 18, 1995); and any other federal legislation and guidelines that are applicable to federal program funds that the Authority administers. The laws, rules, regulations and guidelines incorporated by reference in this subsection do not include any subsequent amendments or editions.  The Authority shall maintain a copy of said incorporated materials and shall make them available for public inspection or copying upon request at no more than cost.

 

b)         Notwithstanding subsection (c) below, the Executive Director shall suspend performance of any interagency agreement for a period not to exceed 28 days where there has been a determination of nonconformance with any state or federal statute or regulation, such rules, regulations and guidelines specified in subsection (a) above, or the terms or conditions of the agreement.  The Executive Director shall reinstate performance of an agreement that has been so suspended if the nonconformance is corrected within 28 days from the date of suspension.  However, notwithstanding subsection (c) below, an interagency agreement, for which performance has been suspended, shall be terminated by the Executive Director if performance of the interagency agreement is not reinstated within 28 days from its suspension. Written notice of all such actions by the Executive Director shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within five working days.

 

c)         Upon the request of an implementing agency, the Executive Director shall extend the length of time performance of an interagency agreement may be suspended beyond 28 days for an additional period not to exceed 14 days, if the nonconformance for which performance of the agreement was suspended can be corrected within such extension period and such correction would result in fulfillment of the terms of the agreement.  Such an extension shall be granted by the Executive Director only with the consent of the chairman of the Budget Committee or, in the event the chairman of the Budget Committee is unavailable for consultation, the Chairman of the Authority.  Such consent shall be granted if the nonconformance for which performance of the agreement was suspended can be corrected within such extension period and such correction would result in fulfillment of the terms of the agreement.  Since an extension granted by the Executive Director pursuant to this subsection is initiated by the implementing agency, it shall not be deemed an adverse action under these rules.  However, an interagency agreement, for which the period of suspended performance has been extended pursuant to this subsection, shall be terminated by the Executive Director if performance of the interagency agreement has not been reinstated by the Executive Director before the extension period has expired.  Such termination may then be appealed as provided by Section 1520.60.  Written notice of all such actions by the Executive Director shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within five working days.

 

d)         The Executive Director shall immediately terminate any interagency agreement for any reason of nonconformance specified in subsection (b) above, if performance of the agreement has been suspended on at least one prior occasion or if such nonconformance cannot be corrected by the implementing agency in less than 28 days from the date of termination.  Written notice of such termination by the Executive Director shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within five working days.

 

e)         The Executive Director shall approve any revision to an interagency agreement if such action is necessary to fulfill the terms of the agreement.  Material revisions shall be reported to the Budget Committee members at or before the next Budget Committee meeting.  However, if a request by an implementing agency for a material revision to an interagency agreement is denied by the Executive Director, written notice of such denial shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within five working days.

 

(Source:  Amended at 21 Ill. Reg. 8909, effective June 27, 1997)

 

Section 1520.60  Appeals

 

a)         The appeals procedures of the Authority are subject to the provisions of Article 10 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1010-5 et seq.).

 

b)         An implementing agency may appeal any adverse action of the Executive Director by writing to the Budget Committee within fourteen (14) days from the day the notice of adverse action is mailed to the implementing agency.  This written appeal shall contain specific reasons stating why the action taken by the Executive Director should be modified and the action requested of the Budget Committee and shall be signed by the implementing agency's authorized official.

 

c)         If no timely appeal is taken from an adverse action, such action of the Executive Director will be deemed the final action of the Budget Committee, and Authority members shall be notified within five (5) business days or before the next Authority meeting, whichever is sooner − by phone, mail or equivalent − of the action of the Executive Director.

 

d)         When an appeal is timely filed, the Chairman of the Budget Committee shall arrange for the Committee to hear and decide the appeal within forty-nine (49) days of the receipt of the written appeal.  The implementing agency shall have a right to appear before the Committee and to be represented at the hearing by counsel and shall be notified of the hearing date at least seven (7) days prior to the hearing.

 

e)         At the hearing, the Budget Committee shall consider the written appeal to the adverse action submitted pursuant to subsection (b), any written response to that appeal by Authority staff, and any testimony given by the implementing agency or Authority staff to questions posed by Committee members.

 

f)         The Budget Committee shall render a decision on the appeal before adjourning the hearing.

 

g)         In accordance with the Organizational Rules of the Illinois Criminal Justice Information Authority (2 Ill. Adm. Code 1750.340), Authority members shall be notified within five (5) business days or before the next Authority meeting whichever is sooner − by phone, mail or written equivalent − of all appeal decisions made by the Budget Committee.  Within ten (10) business days of receipt of such information, a special meeting of the Authority shall be convened upon the request of five (5) Authority members, for the purpose of fully discussing such action taken by the Budget Committee and to supersede the authorization granted to that Committee to act upon the Authority's behalf in any particular appeal.  If no such action is taken by the Authority, the decision of the Budget Committee shall be deemed the final action of the Authority. Such meetings shall be conducted in conformance with the Open Meetings Act (Ill. Rev. Stat. 1983, ch. 102, par. 41, et seq.) and the Authority's rules (2 Ill. Adm. Code 1750.310 et seq.).