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Law Enforcement Official Announcements

June 22, 2012

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Apply Now for FY 2012 SCAAP Funds

The application period for FY 2012 SCAAP funds is now open. All applications must be submitted via the OJP online Grants Management System (GMS). All completed applications must be submitted by 6:00 p.m. eastern time on Friday, July 6, 2012. Extensions or exceptions to this deadline cannot be granted. Because of the volume and complexities involved in verification of all submitted inmate data and the fact that BJA transmits this file to the Department of Homeland Security (DHS) immediately after the close of the solicitation, it is not possible for additional applicant data to be reviewed and sent to DHS after the deadline.

2012 SCAAP Data:
FY 2012 SCAAP Guidelines
FY 2012 ICE Country Codes
FY 2012 Inmate Data File Format

Discontinuance of Payments for “Unknown” Alien Status Inmate Days
Many states and localities have incurred costs for detaining an individual whom they believe to be an undocumented criminal alien. Since 1996, BJA has provided variable reimbursement amounts for these inmates, whose statuses are “known,” as well as “unknown” because DHS was not able to verify the criminal aliens’ statuses. This practice was a recognition that some of the “unknown” inmates could have been undocumented if they had entered the United States illegally and never came into contact with DHS. Because there would have been no contact with DHS, DHS would not be able to confirm the alien’s status (that is, as undocumented) for eligibility of a SCAAP payment.

In order to make better use of limited SCAAP funding and to ensure jurisdictions are reimbursed only for known undocumented criminal aliens, BJA will no longer provide reimbursement for inmates whose statuses are unknown. Accordingly, only detention costs of undocumented criminal aliens, whose statuses can be confirmed by DHS as such, will be counted towards the SCAAP awards in FY 2012.

Other Federal Sources of Detention Funding
For jurisdictions that participate in SCAAP and the Southwest Border Prosecution Initiative or Northern Border Prosecution Initiative (SWBPI and NBPI), do not include inmate records that are submitted in the SWBPI//NBPI application unless you can verify that the inmate records submitted in the SWBPI/NBPI application are only for pretrial detention and the SCAAP inmate records for the same individual are for the post-trial detention. BJA will conduct a review comparison between the SWBPI/NBPI and SCAAP applications for each jurisdiction prior to award calculation.

Overview:
BJA administers the State Criminal Alien Assistance Program (SCAAP) in conjunction with the Bureau of Immigration and Customs Enforcement (ICE) and Citizenship and Immigration Services, Department of Homeland Security (DHS). SCAAP provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens with at least one felony or two misdemeanor convictions for violations of state or local law, and incarcerated for at least 4 consecutive days during the reporting period.

Use of SCAAP Awards
The Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162, Title XI) included the following requirement regarding the use of SCAAP funds: "Amounts appropriated pursuant to the authorization of appropriations in paragraph (5) that are distributed to a State or political subdivision of a State, including a municipality, may be used only for correctional purposes." Beginning with FY 2007 SCAAP awards, SCAAP funds must be used for correctional purposes only.

FY 2007-2012 SCAAP Use of Funds List

  • Salaries for corrections officers
  • Overtime costs
  • Corrections work force recruitment and retention
  • Construction of corrections facilities
  • Training/education for offenders
  • Training for corrections officers related to offender population management
  • Consultants involved with offender population
  • Medical and mental health services
  • Vehicle rental/purchase for transport of offenders
  • Prison industries
  • Pre-release/reentry programs
  • Technology involving offender management/inter-agency information sharing
  • Disaster preparedness continuity of operations for corrections facility

Reporting Period
The reporting period for the FY 2012 application period is July 1, 2010 through June 30, 2011. Only qualifying inmates who served 4 or more days during this period may be included in the FY 2012 SCAAP application.

Eligible Inmates—Applicant Responsibilities
Unless otherwise prohibited, applicants may submit records of inmates in their custody during the reporting period who: were born outside the United States or one of its territories and had no reported or documented claim to U.S. citizenship; were in the applicant's custody for four or more consecutive days during the reporting period; were convicted of a felony or second misdemeanor for violations of state or local law; were identified and reported using due diligence.

Qualifying Criminal Charges and Convictions
To be eligible for reporting, inmates must have been convicted of a felony or second misdemeanor for violations of state or local law, and housed in the applicant's state or local correctional facility for 4 or more consecutive days during the reporting period. Once a person meets these criteria, all pretrial and post-conviction time served from July 1, 2010 through June 30, 2011 may be included in the FY 2012 application.

Entering Inmate Data
If the Alien Number is unknown for an individual inmate, enter all zeroes in the A number field. Do not use letters (A) or symbols (dashes, etc.). Also, use zeros (0) as the beginning digit(s) if the A-number is fewer than 9 digits.

The FBI number is issued by the FBI to track arrests and fingerprint records. If this number is not available, leave this field blank by inserting 10 spaces. If the FBI number is fewer than 10 characters, enter the number first, and then insert spaces for the remainder of the field length.

Qualifying Salary Data
Salary information reported in the SCAAP application must reflect the total salaries and wages paid to full-and part-time correctional officers and others who meet the SCAAP definition (see the FY 2012 SCAAP Guidelines). The reported sum should total the jurisdiction's actual salary expenditures for the applicable reporting period (July 1, 2010 to June 30, 2011). The reported salary should not be a projection, estimate, or average. Correctional Officer salary costs may include premium pay for specialized services (e.g., bilingual officers), shift differential pay, and fixed-pay increases for time in service. Salary costs may also include overtime required by negotiated contract, statute, or regulation (e.g., union agreements, contractual obligations, minimum staffing requirements, etc.). Benefits should not be included in the salary costs.

Chief Executive Officer
SCAAP payments must go directly to eligible states and localities. Authorized jurisdiction employees for SCAAP purposes must be listed as either the Authorized Representative or Alternate Contact in the GMS User Profile. The chief executive officer (CEO) of an eligible jurisdiction may apply directly or delegate authority to another jurisdiction official. The CEO is generally considered the highest ranking elected or appointed official of a unit of government. An application without the CEO information included will be significantly delayed.

Legislation
SCAAP is governed by Section 241(i) of the Immigration and Nationality Act, 8 U.S.C. 1231(i), as amended, and Title II, Subtitle C, Section 20301, Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322.


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