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FY 2008 NCHIP Stalking and Domestic Violence Records Improvement Program (SDVRIP) Solicitation

• Summary
• Full solicitation

The U.S. Department of Justice, Bureau of Justice Statistics is pleased to announce that it is seeking applications for funding to administer the 2008 Stalking and Domestic Violence Records Improvement Program (SDVRIP). This program furthers the Department’s mission to enhance the crimefighting and criminal justice capabilities of State governments by improving the accuracy, utility, and interstate accessibility of criminal history records and enhancing records of protective orders involving domestic violence and stalking, sex offender records, automated identification systems and other State systems supporting national records systems and their use for criminal history background checks.

FY 2008 NCHIP Stalking and Domestic Violence Records Improvement Program (SDVRIP) Solicitation
CFDA Number 16.554

Contents:

• Overview
• Deadlines
• Eligibility
• Project Specific Information
• Performance Measures
• How to Apply
• What an Application Must Include
• Selection Criteria
• Review Process
• Additional Requirements

PDF version of SDVRIP 2008 announcement (65K)

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Overview

BJS is publishing this notice to announce the FY 2008 Stalking and Domestic Violence Records Improvement Program (SDVRIP), identify the program priorities, and provide information on application requirements.  Beginning this year, such grants will be awarded pursuant to a separate program announcement, rather than being included as part of the National Criminal History Improvement Program (NCHIP) program announcement.

Program goals

The goal of the SDVRIP grant program is to improve processes for entering data regarding stalking and domestic violence into local, State, and national crime information databases.

Authorizing legislation

In the past, appropriations for the NCHIP program have been made pursuant to the Crime Identification Technology Act of 1998, and the procedures for applying for NCHIP grants generally reflect the provisions of that Act.  The NCHIP program implements the grant provisions of:

• The Crime Identification Technology Act of 1998 (CITA), Pub. L. No. 105-251, 112 Stat.1871 (1998), codified at 42 U.S.C. Section 14601 et seq.;

• The Brady Handgun Violence Prevention Act (Brady Act), Pub. L. No. 103-159, 107 Stat.1536 (1993), codified as amended at 18 U.S.C. Section 921 et seq.;

• The National Child Protection Act of 1993 (NCPA), Pub. L. No. 103-209, 107 Stat. 2490(1993), codified as amended at 42 U.S.C. Sections 3759, 5101 note, 5119, 5119a, 5119b, 5119c;

• those provisions of the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act), Pub. L. No. 90 351, 82 Stat. 197 (1968), codified as amended at 42 U.S.C. Section 3711 et seq., as amended; and the Violent Crime Control and Law Enforcement Act of 1994 (Violent Crime Control Act), Pub. L. No.103 322, 108 Stat. 1796 (1994), codified as amended at 42 U.S.C. Section 13701 et seq., which pertain to the establishment, maintenance, analysis, or use of criminal history records and criminal record systems;

• relevant requirements of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, Pub. L. No. 103-322, 108 Stat. 2038, Megan's Law, Pub.L. No. 104-145, 110 Stat. 1345, and the Pam Lychner Sexual Offender Tracking and Identification Act of 1996, Pub. L. No. 104-236, 110 Stat. 3093; and

• The Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464 (2000) and related laws pertaining to the identification, collection, analysis and interstate exchange of records relating to domestic violence and stalking (including protection orders).

The SDVRIP program announcement implements the grant provisions of:

• The Violence Against Women Act of 1994, codified as amended at 42 U.S.C. Section 14031 et seq;

• The Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464 (2000) and related laws pertaining to the identification, collection, analysis and interstate exchange of records relating to domestic violence and stalking (including protection orders); and,

• The Violence Against Women and Department of Justice Reauthorization Act of 2005, Pub. L. No. 109-162, 119 Stat 2960 (2006).

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Deadline: Registration

Applications must be submitted through the online Grants Management System (GMS). We suggest that you begin the process early, especially if this is the first time you have used the system. See “how to apply” for additional GMS instructions.

Deadline: Application

Applications must be received by 5:00 p.m. eastern time, December 14, 2007, to be eligible for funding in FY 2008. Awards are expected to be made by July 1, 2008.

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Eligibility

The SDVRIP application must be submitted by the agency designated by the Governor to administer the NCHIP program. Units of local government are eligible to receive subgranted funds under an SDVRIP award through the State’s NCHIP agency. A list of the NCHIP agencies is available at <http://www.ojp.usdoj.gov/bjs/nchipadd.htm>.

States may choose to submit applications as part of a multistate consortium or other entity. In such cases, please contact your BJS program manager for further information.

In order to receive SDVRIP grant funds, a State or unit of local government must certify that it has or intends to establish a program that enters into the National Crime Information Center (NCIC) records of:

(1) Warrants for the arrest of persons violating protection orders intended to protect victims from stalking or domestic violence;

(2) Arrests or convictions of persons for domestic violence, stalking, and for violating protection orders intended to protect victims from stalking or domestic violence; and

(3) Protection orders for the protection of persons from stalking or domestic violence.

Key Definitions

For the purposes of this program announcement, the following definitions apply:

“National crime information databases” means the National Crime Information Center and its incorporated criminal history databases, including the Interstate Identification Index.

“Protection order” includes: (i) any injunction, restraining order, or any other order issued by a civil or criminal court for the purposes of preventing violent or threatening acts or harassment against, sexual violence or contact or communication with or physical proximity to, another person, including any temporary or final orders issued by civil or criminal courts whether obtained by filing an independent action or as a pendent elite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and (ii) any support, child custody or visitation provisions, orders, remedies, or relief issued as part of a protection order, restraining order, or stay away injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, dating violence, sexual assault, or stalking.

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Project Specific Information

• Project eligibility
• Funding
• Issues and needs to be addressed
• Priority areas for grant funding
• Match
• Award Period

The NCHIP program was initiated in 1995 and has encompassed evolving efforts to support State activities for the establishment of records systems and the collection and use of criminal history and related records. Since 1995 direct awards under the basic NCHIP (including awards to "priority" States and awards under the Advanced State Award program (ASAP)) have totaled over $506 million. Detailed information about the history of the NCHIP program and its accomplishments are available on the BJS website. NCHIP has provided support to States in the following areas:

• Record improvement and support for courts.
• Participation in the Interstate Identification Index (III).
• Automation of records and fingerprint data.
• National Instant Criminal Background Check System.
• Sex Offender Registries.
• Domestic violence records/protection orders.

As part of the Violent Crime Control Act, the Violence Against Women Act of 1994 authorized a total of $6 million for fiscal years 1996 through 1998 to improve processes for entering data on stalking and domestic violence into local, State, and national databases. The funds were incorporated into, and awarded under, the NCHIP program during those years. This program was re-authorized by the Violence Against Women Act of 2000 (Pub. L. No. 106-386, Section 8) and again by the Violence Against Women and Department of Justice Reauthorization Act of 2005, Pub. L. No. 109-162, 119 Stat 2960 (2005). For FY 2008, such grants will be awarded pursuant to a separate program announcement, rather than being included as part of the NCHIP program announcement.

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Project eligibility

To be eligible to receive a SDVRIP grant, the application must specifically assure that the State, Territory, and/or local unit of government:

(1)     Has or intends to establish a program that enters into the National Crime Information Center (NCIC) records of: (a) Warrants for the arrest of persons violating protection orders intended to protect victims from stalking or domestic violence; (b) Arrests or convictions of persons violating protection orders intended to protect victims from stalking or domestic violence; and (c) Protection orders for the protection of persons from stalking or domestic violence.

(2)     Is or will be following a comprehensive strategy for information sharing systems to improve the functioning of the criminal justice system, with an emphasis on integration of all criminal justice components, law enforcement, courts, prosecution, corrections, and probation and parole. Further, the strategy must be developed in consultation with State and local officials with emphasis on the recommendation of officials whose duty it is to oversee, plan, and implement integrated information technology systems, and contain--

(A) a definition and analysis of integration in the State and localities developing integrated information sharing systems;

(B) an assessment of the criminal justice resources being devoted to information technology;

(C) State and local resource needs;

(D) Federal, State, regional, and local information technology coordination requirements; and

(E) statewide priorities for planning and implementation of information technology systems.

(3)     Coordinates the activities funded by SDVRIP with other Federally-funded information technology programs, including directly funded local programs.

(4)     Assures that the individuals who developed the grant application took into consideration the needs of all branches of the State Government and specifically sought the advice of the chief of the highest court of the State with respect to the application.

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Funding

All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law.

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Issues and needs to be addressed

Despite the tremendous progress made toward criminal record improvements since 1995, some significant shortcomings remain, including the following:

• Most arrest records available through the FBI’s Interstate Identification Index (III) are missing case outcome information. Missing case disposition information also continues to plague the records in many State systems.



• Some States and territories are not yet submitting all qualifying records to the NCIC Protection Order File. Also, the FBI reports continued problems with the correct flagging of protection orders currently being submitted regarding the prohibition for firearm purchases.
  

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Priority areas for grant funding

Through this competitive solicitation, BJS invites applications from States that (1) have clearly demonstrated a need for and the ability to effectively administer Federal grant funds; (2) propose projects that specifically and directly address one or more of the priority areas identified below; and, (3) propose to match and/or leverage the SDVRIP award with other resources to the maximum extent possible.

1.     Updating and automating domestic violence and stalking case outcomes from courts and prosecutors in State and national crime information databases.

Allowable costs may include activities such as:

a. automating interfaces between local law enforcement agencies, prosecutors, courts, corrections agencies, the State repository, and the FBI;

b. implementing improved criminal history record capture procedures specifically for domestic violence and/or stalking incidents, including complete arrest reporting and researching missing dispositions, provided that the captured data are subsequently included in the permanent automated database;

c. capturing complete data on domestic violence and stalking convictions (felony and misdemeanor);

d. capturing complete data on persons convicted of abuse of children, the elderly, and the disabled and/or stalking and domestic violence offenses (including protection orders and violations thereof);

e. implementation of, or upgrades to, record systems which facilitate immediate identification of misdemeanor domestic violence disposition records, provided the records are accessible for State- or Federal-level criminal history inquiries;

f. reducing any backlog of missing misdemeanor conviction dispositions arising from domestic violence or stalking cases;

g. submitting misdemeanor conviction disposition information for domestic violence and stalking cases to the FBI electronically via Machine Readable Data (MRD) format for supplying records on cartridge, tape and other available electronic means;

h. implementing effective quality control practices to ensure more accurate and complete collection and/or reporting of domestic violence and stalking information;

i. upgrading equipment where directly related to improving availability of domestic violence or stalking data and where appropriate and justified given the level of data completeness and participation in national records systems (the ongoing and/or maintenance costs associated with any such equipment are allowable only for the first twelve-month period); and,

j. ensuring compatibility with Federal record systems, such as III, and to implement statewide integrated system strategies which interface all components of the criminal justice system, including law enforcement, prosecutors, courts, and corrections, to the extent that such expenditures improve the availability of domestic violence or stalking data, including protection orders, and provided that any systems funded are compatible with FBI standards for national data systems, such as NIBRS, NCIC-2000, NICS, IAFIS, the NCIC Protection Order File, and the National Convicted Sexual Offender File. However, funds may not be used to support studies, analysis, design, or development of State integrated systems strategies.

2.     Automating access to information concerning persons prohibited from possessing or receiving a firearm because they are the subject of protection or restraining orders, or have been convicted of a misdemeanor crime of domestic violence.

Allowable costs may include activities such as identifying and developing access to data on persons prohibited from firearm purchases under the Gun Control Act (18 U.S.C. Section 922), as amended by the Brady Act.

3.     Transmitting relevant local and/or State domestic violence or stalking records to the NCIC’s Protection Order file or files in the NICS Index.

Allowable costs may include activities such as:

a. participating in the NCIC Protection Order File, including assisting States to develop and enhance State registries that feed into the national database. Allowable expenditures may include costs of equipment, software, personnel training, and development and implementation of related operating and administrative procedures. Costs of regular or annual operating expenditures are not covered under the program. Funds are only allowable to support development of local registries where data in such files are or will become directly accessible throughout the State and where qualifying records will be submitted to the FBI's national system. Funds may be used to purchase equipment and develop software to permit the disclosure of registry data in connection with background checks or other purposes as authorized by State or Federal legislation; and,

b. establishing interfaces between criminal history records and protection order files to ensure that, consistent with State law, a complete data review is possible in connection with background checks for child care or other authorized purposes. Funds may be used to develop software to establish protocols to permit interface between the criminal history record system and related protection order files including files of civil protection orders.

Finally, all applications must be responsive to this Program Announcement. Applicants are strongly encouraged to review the evaluation criteria BJS will use in making funding decisions before deciding whether to submit an application for this competitive solicitation.

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Match

Please note there is a minimum 20% cash or in-kind match requirement in connection with the FY 2008 SDVRIP program. A grant made under this program may not cover more than 80% of the total costs of the project being funded. The applicant must identify the source of the 20% non-Federal portion of the budget and how match funds will be used. Applicants may satisfy this match requirement with either cash or in-kind services. The formula for calculating match is:

Award amount / Federal share = Adjusted project costs X Recipient’s share = Required match

Example:  For Federal award amount of $350,000, the 20% match requirement would be calculated as follows: $350,000/80% = $437,500 X 20% = $87,500 required match.

Applicants are encouraged to propose matching and/or leveraging the award to the maximum extent possible with other resources in their application.  The narrative should include a description of cash contributions, in-kind services, or activities, with accompanying fiscal implications, which will serve as the match for activities funded under SDVRIP.

Award Period

FY 2008 SDVRIP awards will cover a 12-month period.

Performance Measures

To assist in fulfilling the Department’s responsibilities under the Government Performance and Results Act (GPRA), Public Law 103-62, applicants who received funding under this program announcement must provide data that measure the results of their work.  The SDVRIP program will continually assess the status of State record-holdings and State participation in national crime information databases. BJS requires applicants to provide data to measure progress and achievements of the program through various mechanisms including the Records Quality Index, Survey of State Criminal History Information Systems, Firearm Inquiry Statistics data collection, and other ongoing evaluation efforts.

Performance measures for this solicitation are as follows:

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How to Apply

Grants Management System Instructions. Applications must be submitted through the online Grants Management System (GMS). We suggest that you begin the process early, especially if this is the first time you have used the system. Each application requires a separate GMS registration. To learn how to begin the online application process, go to http://www.ojp.gov/funding and refer to the GMS Application Procedures Handbook: a step-by-step guide for applying online. For additional information, please call the GMS Help Desk at 1-888-549-9901.

OJP released the Grants Management System (GMS) On-line Training Tool to assist grantees in administering their awards through the GMS. The On-line Training Tool provides step "by" step instructions to complete various functions within GMS, as well as the administrative policies associated with Grant Adjustment Notices, Progress Reporting, and Closeouts.

CFDA Number: The Catalog of Federal Domestic Assistance (CFDA) number for this solicitation is 16.554, titled “National Criminal History Improvement Program,” and the funding opportunity number is 2008-BJS-1721.

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What an Application Must Include

Applicants must submit the following:

• Standard Form 424;
• Program Attachment #1: Budget Detail Worksheet and Budget Narrative;
• Program Attachment #2: Program Narrative - including background and identification of needs, description of tasks to be funded, unexpended funds, and coordination activities;
• Other Program Attachments: Documentation relating to court participation, one-year timeline, notification letter to the State Information Technology Point of Contact, and other written certifications; and
• Indirect Cost Rate Agreement (if applicable)
  Applicants that do not have a federally negotiated indirect cost rate and wish to establish one, can submit a proposal to their cognizant Federal agency. Generally, the "cognizant" Federal agency is the agency that provides the preponderance of direct Federal funding. This can be determined by reviewing an organization’s schedule of Federal financial assistance. If DOJ is your cognizant Federal agency, you may obtain the information needed from the Indirect Cost Rate Agreement.

Application for Federal Assistance (SF 424). The SF 424 is a standard form used by most Federal agencies. It contains 18 items that are to be completed online in the Overview, Application Information, and Project Information sections of the OJP GMS.

Assurances and Certificates. Applicants are required to review, accept, and “sign off” on these assurances and certifications electronically through GMS. Please verify that the name, address, phone number, fax number, and e-mail address of the authorizing official on these online forms are correct.

Assurances. The applicant must comply with assurances in order to receive Federal funds under this program. It is the responsibility of the recipient of Federal funds to fully understand and comply with these requirements. Failure to comply may result in withholding of funds, termination of the award, or other sanctions.

Certifications Regarding Lobbying: Debarment, Suspension, and Other Responsibility Matters; and the Drug-Free Workplace Requirement. Applicants are required to review and check off the box on the certification form included in their online application process. This form commits the applicant to compliance with the certification requirements under 28 CFR Part 69, “New Restrictions on Lobbying,” and 28 CFR Part 67, “A Government-Wide Debarment and Suspension (Nonprocurement) and Government-Wide Requirements for Drug-Free Workplace (Grants).”

Budget Detail Worksheet and Budget Narrative (Attachment #1)

The Budget Detail Worksheet is available on the OJP website. The OJP Financial Guide governs the administration of funds, contains information on allowable costs, methods of payment, audit requirements, accounting systems, and financial records. If you have any questions, please contact the Office of the Comptroller’s Customer Service Center at 1-800-458–0786.

Budget Detail Worksheet. The budget should provide details for expenses in required categories (including match) and by individual task. A summary should be included with the 20% match clearly indicated as non-Federal match. The application should identify those agencies to receive direct funding and indicate the fiscal arrangements to accomplish fund transfer. Applicants seeking supplemental funds in connection with protection order initiatives must also include additional documentation showing that State or local funding does not already cover these operations.

Budget Narrative. The budget narrative should detail costs included in each budget category for the Federal and the non-Federal (in kind and cash) share. The purpose of the budget narrative is to relate items budgeted to project activities and to provide justification and explanation for budget items, including criteria and data used to arrive at the estimates for each budget category. The budget narrative should also indicate amounts to be made available to subrecipient agencies (under Contractual/Contracts category) other than the direct award recipient. Dollar amounts must be included for each task to be funded.

Program Narrative (Attachment #2)

The program narrative must include the following three sections.

Section 1: Background and identification of needs

Applicants must provide a detailed assessment of State’s records in terms of the accuracy, completeness, and timeliness in each of the following subject areas. The assessment should also include the current number of records in each system, where applicable.

• State warrant system and communication of warrant records to NCIC



• State protection order registry and communication of qualifying protection order records to NCIC



• Arrests and convictions in State criminal history records for domestic violence and stalking, including for violation of orders of protection, and the submission (or availability) of such records for national record inquiries through III

The assessment should discuss current shortcomings as well as any obstacles or issues affecting record quality.

Section 2: Description of tasks to be funded under SDVRIP

Please detail the activities to be conducted with the project funds over the project period and specifically address each of the priority areas (identified under section: Priority Areas for Grant Funding). Dollar amounts must be included for each funded task.

Courts.In recognition of the importance of court reporting to the development of complete and accurate criminal records (including arrest warrants and protection orders) all applications must describe tasks and indicate the level of funds that will be made directly available to the courts. Where no funds are provided for court-directed disposition reporting activities, a certification by the appropriate State court official declining participation must be included with this section.

Compatibility with other systems. The application should describe the extent to which proposed activities are compatible with NIBRS, NCIC 2000, NICS, IAFIS, and other applicable statewide or regional criminal justice information sharing standards or plans, including State anti-terrorism plans.

Section 3: Coordination

The administering NCHIP agency should coordinate efforts with relevant emergency management task forces and agencies to ensure that records development activities are compatible with security measures for preventing acts of terrorism. NCHIP and SDVRIP activities will be coordinated with other OJP efforts authorized and funded under CITA.

To encourage coordination and information sharing among criminal justice systems, all OJP awards supporting information technology development will include a special condition requiring that a description of the project be submitted to the State Information Technology POC, if one has been designated. The name and address of the State POC can be obtained at the OJP Executive Council webpage. A copy of the correspondence can be submitted as part of Attachment #3 (see below) or sent directly to BJS prior to fund drawdown. There is no requirement that the point of contact concur with the information technology project. The intent of this condition is to facilitate communication within the State.

Other Program Attachments

The following required documents should be submitted as attachments:

• letter of support/commitment from the courts (if no funds are going to the courts);


• statement/memo indicating that funds are going to the courts (including amount of funds);


• letter to the State Information Technology POC describing the current application request, as referenced above;


• letter certifying that the State has or intends to establish a program that enters into the National Crime Information Center (a) warrants for the arrest of persons violating protection orders intended to protect victims from stalking or domestic violence; (b) arrests or convictions of persons violating protection orders or charged with domestic violence; and (c) protection orders for the protection of persons from stalking or domestic violence. The Program Narrative must include documentation showing the need for grant funds and that State or local funding does not already cover these operations; intended use of supplemental grant funds including a plan of action to increase record input; and an estimate of expected results from the use of the funds; and,


• a project timeline outlining, at a minimum, each activity, completion time, and responsible party.

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Selection Criteria

States should understand that applications must respond to priorities identified and that full funding may not be possible for all proposed activities. SDVRIP grants will be made on a competitive basis. Completeness of the application in terms of all required information will be a key consideration for BJS. Awards will also be based on the following review criteria:

Statement of the Problem/Program Narrative

• the extent to which the application proposes to specifically and directly address one or more of the priorities identified;

Project/Program Design and Implementation

• the technical feasibility of the proposal;


• the extent to which the proposal appears reasonable in light of the State's current level of system development and statutory framework;


• the extent to which the application clearly recognizes the role of the courts in ensuring complete records;

Capabilities/Competencies

• evidence of State progress in record quality improvement efforts;


• the extent to which the State has fulfilled goals of previous Federal awards, including consideration of the total funds already awarded and expended funds from previous awards, and the State’s cooperation with BJS-sponsored NCHIP evaluation efforts;
• the State commitment to the national record system as evidenced by membership in III and participation in the FBI's NFF, and the current status of development of its criminal records;

Budget

• the reasonableness of the budget, including the nature of the proposed expenditures and their relation to the priorities identified herein;


• the extent to which the applicant proposes to match and/or leverage the award with other resources; and,

Impact/Outcomes and Evaluation

• the extent to which proposed project(s), by virtue of the State’s record numbers, levels of technical development, or operating procedures, will have a significant impact on availability of records throughout the national system.

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Review Process

Applications will be reviewed competitively with the final award decision made by the Director or designee of BJS. The application will be evaluated based on the requirements mentioned under the Selection Criteria.

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Additional Requirements

•  Civil Rights Compliance
•  Confidentiality and Human Subjects Protections Regulations
•  Anti-Lobbying Act
•  Financial and Government Audit Requirements
•  Funding to Faith-Based and Community Organizations
•  Non-supplanting of State and Local Funds
•  National Environmental Policy Act (NEPA) Compliance
•  DOJ Information Technology Standards
•  Criminal Penalty for False Statements
•  Suspension or Termination of Funding
•  Single Point of Contact Review
•  Rights in Intellectual Property
•  Compliance with Office of the Comptroller Financial Guide

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