An eligible case is any federally initiated criminal case that was referred to and prosecuted by a state or county prosecutor and resolved on or after October 1, 2005. Jurisdictions providing pre-trial detention for eligible case defendants are also eligible for funds. These cases are eligible, regardless of:
- When the case was referred (i.e., cases referred in FY2005 but resolved on or after October 1, 2005 are eligible).
- What level, type, or number of criminal offenses were involved (e.g., felonies, misdemeanors, drugs, violent offenses, property, public order, etc.).
- What the defendant's age or citizenship status was at the time of referral (e.g., juveniles, illegal or legal aliens)
- Whether the case was formally declined and referred by a U.S. Attorney, or through a blanket federal declination-referral policy, an accepted federal law enforcement practice, or federal prosecutorial discretion.
- Whether state or local law enforcement participated with federal authorities in the investigation or arrest (e.g., federal/state task forces, etc.)