NCJ Number
67270
Journal
NLADA Briefcase Volume: 37 Issue: 1 Dated: (WINTER 1980) Pages: 28-34
Date Published
1980
Length
7 pages
Annotation
PUBLIC DEFENDERS ARE ADVISED ON HOW TO POSITION THEMSELVES FOR VARIOUS TYPES OF LEAA GRANTS THROUGH ACTIVE PARTICIPATION IN STATE BODIES THAT MAKE FUNDING AND APPLICATION DECISIONS.
Abstract
FUNDING STANDARDS FOR PART D (FORMULA GRANT) FUNDS UNDER THE NEW JUSTICE SYSTEM IMPROVEMENT ACT (JSIA) DIRECT THAT FUNDS BE USED BY STATES ON PROGRAMS OF PROVEN EFFECTIVENESS WITHIN 23 STATUTORILY DEFINED AREAS. TEN OF THE 23 AREAS THAT ARE APPROPRIATE FOOTHOLDS FOR LAUNCHING PUBLIC DEFENDER APPLICATIONS CONCERN PROJECTS SUCH AS SPEEDING UP THE ARREST TO TRIAL PROCESS, IMPLEMENTING COURT REFORMS, AND DIVERSION ALTERNATIVES, PROVIDING COMPETENT DEFENSE FOR INDIGENTS, INCREASING ALTERNATIVES TO MAXIMUM SECURITY CONFINEMENT, AND MORE. HOWEVER, IN ORDER TO GET MONEY, PUBLIC DEFENDERS MUST BECOME ACTIVE MEMBERS OF THE STATE AND LOCAL DECISIONMAKING BODIES ESTABLISHED UNDER THE JSIA. THERE ARE UP TO THREE SUCH DECISIONMAKING BODIES IN EACH STATE: 1) THE STATE CRIMINAL JUSTICE COUNCIL, WHICH, MORE THAN ANY OTHER BODY, SHAPES FUNDING DECISIONS, 2) THE JUDICIAL COORDINATING COMMITTEE, WHICH SETS PRIORITIES FOR JSIA FUNDS FOR THE COURTS OF THE STATE, AND 3) LOCAL CRIMINAL JUSTICE ADVISORY BOARDS, WHICH ARE FORMED BY THE LOCAL GOVERNMENTS AND COMPRISE AN ELIGIBLE ENTITLEMENT JURISDICTION. A REVIEW OF APPLICATION PROCEDURES FOR JSIA FUNDS INDICATES THAT THREE CONCEPTS IN THE ACT--'ADEQUATE SHARE,' 'PAST INEQUITIES,' AND 'BALANCE-OF-STATE'--ARE KEY TO DEFENDER FUNDING. 'ADEQUATE SHARE' REFERS TO JSIA PROVISIONS MANDATING A REASONABLE PORTION OF FORMULA GRANT MONEY FOR SPECIFIED CRIMINAL JUSTICE FUNCTIONS RELATIVE TO THEIR PERCENTAGE OF TOTAL STATE AND LOCAL CRIMINAL JUSTICE EXPENDITURES. 'BALANCE-OF-STATE' FUNDS REFERS TO MONEY REMAINING AFTER FORMULA GRANT ENTITLEMENTS, FOR WHICH THERE IS OPEN COMPETITION WITHIN THE OVERALL PRIORITIES OF THE STATE PLAN. NATIONAL PRIORITY GRANTS AND DISCRETIONARY GRANTS, EACH ACCOUNTING FOR 10 PERCENT OF TOTAL LEAA GRANTS UNDER THE JSIA, HAVE DIFFERENT MATCHING REQUIREMENTS BUT BOTH TYPES OF GRANT PROGRAMS ARE USED TO FUND WHAT ARE REGARDED AS INNOVATIVE PROGRAMS. IN CONCLUSION, DEFENDER INTEREST GROUPS ARE URGED TO TAKE THE INITIATIVE TO OVERCOME THE INERTIA OF THE SYSTEM AND TO CHANGE THE RULES OF GRANT ALLOCATION. A CHART SHOWING LEAA DOLLAR DISTRIBUTION AND GRANT CHARACTERISTICS IS PROVIDED. (DEG)