- How OJJDP Calculates State Title II B Formula Grant Allocations
- Prison Rape Elimination Act (PREA) and Title II Formula Grant Funds
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:
§11132. Allocation of funds
(a)Time; basis; amounts
(1) 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 18 years of age, based on the most recent data available from the Bureau of the Census.
(2)(A) If the aggregate amount appropriated for a fiscal year to carry out this title is less than $75,000,000, then—
(i)The amount allocated to each State other than a State described in clause (ii) for that fiscal year shall be not less than $400,000; and
(ii)The amount allocated to the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands for that fiscal year shall be not less than $75,000.
(B) If the aggregate amount appropriated for a fiscal year to carry out this title is not less than $75,000,000, then—
(i) the amount allocated to each State other than a State described in clause (ii) for that fiscal year shall be not less than $600,000; and
(ii) the amount allocated to the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands for that fiscal year shall be not less than $100,000.
- Reallocation of unobligated funds
If any amount so allocated remains unobligated at the end of the fiscal year, such funds shall be reallocated in a manner equitable and consistent with the purpose of this part. Any amount so reallocated shall be in addition to the amounts already allocated and available to the State, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands for the same period.
- Use of allocated funds for development, etc., of State plans; limitations; matching requirements
In accordance with regulations promulgated under this part, a portion of any allocation to any State under this part shall be available to develop a State plan or for other pre-award activities associated with such State plan, and to pay that portion of the expenditures which are necessary for-effective and efficient administration of funds, including the designation of not less than one individual who shall coordinate efforts to achieve and sustain compliance with the core requirements and certify whether the State is in compliance with such requirements. Not more than 10 percent of the total annual allocation of such State shall be available for such purposes except that any amount expended or obligated by such State, or by units of local government or any combination thereof from amounts made available under this subsection shall be matched (in an amount equal to any such amount so expended or obligated) by such State, or by such units or combinations, from State or local funds, as the case may be. The State shall make available needed funds for planning and administration to units of local government or combinations thereof within the State on an equitable basis.
- Minimum annual allocation for assistance of advisory group
In accordance with regulations promulgated under this part, more than 5 percent of the annual allocation to any State under this part shall be available to assist the advisory group established under section11133(a)(3) of this title.
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]