OJJDP FY 15 Prison Rape Elimination Act Reallocation Funds

Among other things, PREA provides that a state whose governor does not certify full compliance with the standards is subject to the loss of 5 percent of any DOJ grant funds that it would otherwise receive for prison purposes unless the governor elects to submit an assurance that the state will use the 5 percent only to achieve and certify full compliance with the standards in future years. 42 U.S.C. § 15607(e). OJJDP’s Title II, Part B, Formula Grants Program is one of the DOJ grant programs subject to this requirement. Pursuant to PREA, the governor has three options: (1) submit a certification that the state is in full compliance, (2) submit an assurance that the state will use not less than 5 percent of its DOJ funding for prison purposes (including its Title II Part B Formula Grant funds award) to adopt and achieve full compliance with the PREA standards, or (3) accept a 5-percent reduction in such grants (including its Title II Part B Formula Grant award).