Capital Case Litigation (16.746)
Program
16.746 Capital Case Litigation
Federal Agency
Agency: Department of Justice
Office: Bureau Of Justice Assistance
Authorization
42 U.S.C. Section 14163; 42 U.S.C. Section 14163a.
Program Number
16.746
Last Known Status
Active
Objectives
To provide attorneys who litigate death penalty cases, with specialized legal training on death penalty issues in an effort to improve the quality of representation, produce reliable jury verdicts and minimize post conviction litigation.
Types of Assistance
PROJECT GRANTS
Uses and Use Restrictions
Priority will be given to States that currently enforce their death penalty statutes. Funding under this initiative cannot be used for training on the appellate process. Funds may not be used to supplant State and local funds.
Eligibility Requirements
Applicant Eligibility
Limited to State-based agencies or organizations and units of local government that serve defense counsel, prosecutors and judges; and are located in States that currently enforce their death penalty statutes. American Indian Tribes and Alaska Native Tribes and/or Tribal Organizations: All tribal applications must be accompanied by a current authorizing resolution of the governing body of the tribal entity or other enactment of the tribal counsel or comparable government body. If the grant will benefit more than one tribal entity, a current authorizing resolution or other enactment of the tribal counsel or comparable government body from each tribal entity must be included. If the grant application is being submitted on behalf of a tribal entity, a letter or similar document authorizing the inclusion of the tribal entity named in the application must be included.
Beneficiary Eligibility
Defense counsel, prosecutors and judges in the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, America Samoa, Guam, and the Northern Mariana Islands that currently enforce their death penalty statutes.
Credentials/Documentation
The applicant must submit a completed Application for Federal Assistance (Standard Form 424), including signed assurances that it will comply with statutory and administrative requirements. By certifying on-line, the authorizing signing official is also assuring that all Federal certifications and assurances are being met. The certification and assurance forms (Assurances, OJP Form 4000/3 and Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements, OJP Form 4061/6) are provided on-line to allow applicants to review and accept them electronically. This program is excluded from coverage under OMB Circular No. A-87.
Application and Award Process
Preapplication Coordination
No formal preapplication coordination is required. While informal preapplication coordination is not required, it is encouraged that applicants coordinate with any facilities for which they have responsibility to detain or incarcerate undocumented criminal aliens. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.
Application Procedure
This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. Applications must be submitted through the online, Internet-based Grants Management System (GMS) at: https://grants.ojp.usdoj.gov/. Faxed or mailed applications or supplemental materials will not be accepted.
Award Procedure
All applications will be peer reviewed. The BJA Director will then make award recommendations to OJP's Assistant Attorney General, who will make a final determination.
Deadlines
Contact the headquarters or regional office, as appropriate, for application deadlines.
Range of Approval/Disapproval Time
From 30 to 60 days. Applications will generally be approved or denied within 60 days of receipt of a complete application.
Appeals
Not Applicable.
Renewals
Subject to congressional appropriation.
Assistance Considerations
Formula and Matching Requirements
Statutory formulas are not applicable to this program.
Matching requirements are not applicable to this program.
MOE requirements are not applicable to this program.
Length and Time Phasing of Assistance
Awards are made within 90 days of application end date. See the following for information on how assistance is awarded/released: Please contact the program office for further information.
Post Assistance Requirements
Reports
Program reports are not applicable. Cash reports are not applicable. Recipients are required to submit semi-annual Progress Reports. Successful applicants will be required to work with designated national organizations to implement the training at the state level and keep the training current with changing laws. Recipients are required to submit quarterly Financial Reports. To assist in fulfilling the Departments responsibilities under the Government Performance and Results Act (GPRA), Public Law 103-62, applicants who receive funding under this solicitation must provide data that measures the results of their work.
Audits
In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133.
Records
In accordance with the requirement set forth in 28 CFR Parts 66 and 70, grantees must maintain all financial records, supporting documents, statistical records, and all other records pertinent to the award for at least 3 years following the close of the most recent audit.
Program Accomplishments
Fiscal Year 2008: In preparation for this initiative, the National Judicial College (NJC), National District Attorneys Association (NDAA), the National Legal Aid and Defenders Association (NLADA) respectively, outlined a strategy defining their constituents' (prosecutors, and defense counsel) need for training and technical assistance. Each group conducted gap analysis, compiled current resources and developed a training curriculum that was piloted at a national level. The developed curriculum has been adapted to include relevant state statutes that will be delivered by State agencies. NDAA conducted pilot trainings in AR and FL; NJC conducted pilot trainings in AR, VA, NC, TX and PA; and NLADA conducted pilot trainings in CA, TX, SC, PA, and IL. The defenders had approximately 34-36 participants per training, the judges had approximately 30 participants per training, and the prosecutors trained 53 students in Florida and 39 in Arkansas. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available
Financial Information
Account Identification
15-0404-0-1-754.
Obligations
(Project Grants) FY 08 $2,120,957; FY 09 est $5,500,000; FY 10 est $5,500,000
Range and Average of Financial Assistance
Applicant can request up to $250,000.00. The maximum project period is 18 months.
Regulations, Guidelines and Literature
Program Application Kit and Questions and Answers posted regularly on the OJP website at: http://www.ojp.usdoj.gov/BJA/. OJP Financial Guide.
Related Programs
Not Applicable.
Information Contacts
Regional or Local Office
None.
Headquarters Office
Danica Szarvas-Kidd, J.D. Bureau of Justice Assistance, Policy Office, 810 Seventh Street N.W., Washington, District of Columbia 20531 Email: AskBJA@usdoj.gov Phone: 202-616-6500 or 1-866-859-2687
Web Site Address
http://www.ojp.usdoj.gov/BJA/grant/
Examples of Funded Projects
Not Applicable.
Criteria for Selecting Proposals
See solicitation for selection criteria and required elements.
