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)