"To receive an award under the Title II, Part B, Formula Grants program (as authorized at 34 U.S.C. §§ 11131-11133 the Juvenile Justice and Delinquency Prevention (JJDP) Act) states must, each year, satisfy 28 state plan requirements.If a state does not meet these requirements, it is not eligible to receive its Formula Grants program allocation for that year.
Within these 28 requirements, 4 are deemed to be "core" because by statute OJJDP must reduce a state's annual formula grant award by 20 percent for each requirement with which the state is out of compliance.
The core requirements are:
- Deinstitutionalization of status offenders (DSO): 34 U.S.C. 11133 (a) (11);
- Separation of juveniles from adult inmates (separation): 34 U.S.C. 11133 (a) (12);
- Removal of juveniles from adult jails and lockups (jail removal): 34 U.S.C. 11133 (a) (13); and
- Addressing disproportionate minority contact: 34 U.S.C. 11133 (a) (22).
Implementing the core requirements is essential to states creating a fair, consistent, and effective justice system that advances the goals of the Formula Grants program. Pursuant to the Formula Grants program, participating states must submit an annual compliance report that includes data to demonstrate they have maintained or achieved compliance with the DSO, separation, and jail removal requirements. States must also submit an annual disproportionate minority contact compliance plan that describes how the state will address disproportionate minority contact."
Another of the 28 plan requirements is that states must provide for an adequate compliance monitoring system. Pursuant to 34 U.S.C. § 11133 (a)(14), participating states shall:
.[P]rovide for an adequate system of monitoring jails, detention facilities, correctional facilities, and non-secure facilities to insure that the requirements of paragraph (11), paragraph (12), and paragraph (13) are met, and for annual reporting of the results of such monitoring to the Administrator.
To verify the adequacy of a state's compliance monitoring system, OJJDP conducts periodic compliance monitoring field audits that assess implementation of the following required elements:
- Policies and Procedures
- Monitoring Authority
- Monitoring Timetable
- Violation Procedures
- Compliance Monitoring System Barriers
- Adherence to Federal Definitions
- Identification of the Monitoring Universe
- Classification of the Monitoring Universe
- Inspection of Facilities
- Data Collection, Verification, and Analysis"