3.22 Payment Programs
State Criminal Alien Assistance Program
Through SCAAP, the U.S. Government provides payments to States and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens who had at least one felony or two misdemeanor convictions for violations of State or local law, and were incarcerated for at least 4 consecutive days during a reporting period. BJA administers SCAAP in cooperation with the U.S. Department of Homeland Security (DHS).
Eligibility and Guidelines
Beginning with Federal fiscal year 2007, SCAAP awards must be used for correctional purposes only. To be considered for SCAAP funding, States and localities must prove that inmate records, convictions, and length of custody to meet the following eligibility requirements:
- Inmate records—for the purposes of SCAAP, an inmate is defined as a person who did one of the following things or was in one of the following situations:
- Entered the United States without inspection or at any time or place other than as designated by the Attorney General.
- Was in deportation or exclusion proceedings at the time he or she was taken into custody.
- Is a nonimmigrant who failed to maintain his or her nonimmigrant status at the time he or she was taken into custody.
- Is part of a subset of Mariel Cubans who otherwise meet these requirements.
- Convictions and custody information—to apply for SCAAP funds, an entity must be a State or unit of government with authority over correctional facilities that incarcerate or detain undocumented criminal aliens for terms of 4 or more consecutive days. Applicants may submit records of eligible inmates in their custody during the reporting period who meet all of the following criteria:
- Were born outside the United States or one of its Territories and have no reported or documented claim to U.S. citizenship;
- Were in the applicant’s custody for 4 or more consecutive days during the reporting period;
- Were convicted of a felony or second misdemeanor for violations of State or local law; and
- Were identified and reported using due diligence.
- DHS makes the final determination on whether the documentation submitted supports the status of the inmate as an undocumented alien.
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Application and Funding Process
The application and payment process for SCAAP is managed using the Grants Management System (GMS).
- The SCAAP system is available at the main GMS log-in page at GMS Log-in page.
- SCAAP payments must go directly to eligible States and localities (see above).
- Authorized jurisdiction employees for SCAAP purposes must be listed as either the Authorized Representative or Alternate Contact in the GMS user profile.
- The chief executive officer (CEO) of an eligible jurisdiction may apply directly or delegate authority to another jurisdiction official. The CEO is generally considered the highest ranking elected or appointed official of a unit of government.
Financial Management Tip
A SCAAP application without the CEO information included will be significantly delayed.
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|Key Points about the SCAAP|
|1||Each SCAAP reporting period is based on the previous year’s cases and salary. For example, the reporting period for fiscal year 2010 was July 1, 2008 through June 30, 2009.|
|2||Correctional officer salaries reported in the SCAAP application may only include base salary, overtime, and shift differential pay. Fringe benefits should not be included in the total salary.|
|3||The “total all inmate days” is the cumulative number of incarceration or detention days attributable to all inmates housed in the jurisdiction’s facilities during the reporting period. It includes all inmates, regardless of their status, citizenship, disposition, or length of stay, including inmates held at contract facilities. A jurisdiction can use the sum of all nightly facility head counts for the 365 days in the reporting period.|
|4||All SCAAP payments must go to the jurisdiction's general fund. Please use the jurisdiction's Employer Identification Number (tax identification), jurisdiction name, and vendor number when applying for SCAAP funds. For example, police department and sheriff's offices may not apply directly for SCAAP funding.|
|5||See the SCAAP 2013 SCAAP Guidelines [PDF-162 Kb] for more information.|
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