- How OJJDP Calculates State Title II B Formula Grant Allocations
- Prison Rape Elimination Act (PREA) and Title II Formula Grant Funds
How OJJDP Calculates State Title II B Formula Grant Allocations
The Part B Formula grant allocations were developed using the most recently available juvenile population data and are based on the requirements of the annual Department of Justice Appropriations Act. See also Section 222 of the Juvenile Justice and Delinquency Prevention Act, which covers:
[Sec. 222.] Allocation of funds
(a) Time; basis; amounts
- Subject to paragraph (2) and in accordance with regulations promulgated under this part, funds shall be allocated annually among the States on the basis of relative population of people under age eighteen.
- (A) Subject to paragraph (3), if the aggregate amount appropriated for a fiscal year to carry out this subchapter is less than $75,000,000, then the amount allocated to each State for such fiscal year shall be not less than $325,000, or such greater amount up to $400,000, as is available to be allocated without reducing the amount of any State or territory's allocation below the amount allocated for fiscal year 2000 except that the amount allocated to the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be not less than $75,000, or such greater amount up to $100,000, as is available to be allocated without reducing the amount of any State or territory's allocation below the amount allocated for fiscal year 2000, each.
(B) Subject to paragraph (3), if the aggregate amount appropriated for a fiscal year to carry out this subchapter equals or exceeds $75,000,000, then the amount allocated to each State for such fiscal year shall be not less than $600,000, except that the amount allocated to the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be not less than $100,000, or such greater amount up to $100,000, as is available to be allocated without reducing the amount of any State or territory's allocation below the amount allocated for fiscal year 2000 each.
- If, as a result of paragraph (2), the amount allocated to a State for a fiscal year would be less than the amount allocated to such State for fiscal year 2000, then the amounts allocated to satisfy the requirements of such paragraph shall be reduced pro rata to the extent necessary to allocate to such State for the fiscal year the amount allocated to such State for fiscal year 2000.
Prison Rape Elimination Act (PREA) and Title II Formula Grant Funds
The Prison Rape Elimination Act (P.L. 108-79) provides in part, that if a Governor is not able to certify to the Department of Justice that their state or territory is in full compliance with the National PREA Standards, and elects not to submit an assurance to the Department that not less than 5% of certain Department grant funds (including Juvenile Justice and Delinquency Prevention Act—or JJDP Act—funding) will be used solely for the purpose of enabling the state or territory to achieve full compliance with the standards in future years, then the state or territory is subject to a reduction of five percent of grant funds it would otherwise receive.
JJDP Act funds withheld from states or territories that do not submit a certification or assurance will be proportionally distributed to states and territories that have submitted the required certification or assurances based on the juvenile population of the participating state or territory. OJJDP uses the same population data used to calculate the Title II State Formula Grant allocations.
States that submitted certifications will receive a “bonus” to their Title II Formula Grant award, while states that submitted assurances will be issued a separate PREA Reallocation grant, to be used solely for the purpose of enabling the state or territory to achieve full compliance with the PREA standards in future years.
For additional information, see the PREA Grant Reallocation and Reduction Frequently Asked Questions (FAQs).
OJJDP uses two data sets for the Title II B allocations:
- U.S. State populations based on "Easy Access to Juvenile Populations, 1990-2018." [https://www.ojjdp.gov/ojstatbb/ezapop/asp/source.asp]
- U.S. Territory Populations (American Samoa, Guam, Northern Marianna Islands, Puerto Rico and the Virgin Islands) based on the International Data Base. [https://www.census.gov/programs-surveys/international-programs/about/idb.html]