cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
18 rows where part_number = 31 and title_number = 28 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 28:28:1.0.1.1.32.1.10.4 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | §§ 31.100-31.103 [Reserved] | DOJ | ||||||
| 28:28:1.0.1.1.32.1.11.5 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | §§ 31.200-31.202 [Reserved] | DOJ | ||||||
| 28:28:1.0.1.1.32.1.11.6 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.203 Open meetings and public access to records. | DOJ | The State advisory group established pursuant to section 223(a)(3) will follow applicable State open meeting and public access laws and regulations in the conduct of meetings and the maintenance of records relating to their functions. | |||||
| 28:28:1.0.1.1.32.1.12.10 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.303 Substantive requirements. | DOJ | (a) [Reserved] (b) [Reserved] (c) Deinstitutionalization of status offenders and non-offenders (DSO). Pursuant to section 223(a) (11) of the JJDP Act, the State shall: (1) Describe its plan, procedure, and timetable covering the three-year planning cycle, for assuring that the requirements of this section are met. Refer to paragraph (f)(3) of this section for the rules related to the valid court order exception to this Act requirement. (2) Describe the barriers the State faces in achieving full compliance with the provisions of this requirement. (3) Apply this requirement to alien juveniles under Federal jurisdiction who are held in State or local facilities. (4) Those States which, based upon the most recently submitted monitoring report, have been found to be in full compliance with section 223(a)(11) may, in lieu of addressing paragraphs (c)(1) and (2) of this section, provide an assurance that adequate plans and resources are available to maintain full compliance. (5) [Reserved] (d) Separation. (1) Pursuant to section 223(a)(12) of the JJDP Act the State shall: (i) Describe its plan and procedure, covering the three-year planning cycle, for assuring that the requirements of this section are met. Separation must be accomplished architecturally or through policies and procedures in all secure areas of the facility which include, but are not limited to, such areas as admissions, sleeping, and shower and toilet areas. Brief and inadvertent sight or sound contact between juveniles alleged to be or found to be delinquent or those within the purview of 34 U.S.C. 11133(a)(11)(A) and adult inmates in secure areas of a facility that are not dedicated to use by juveniles and which are nonresidential, which may include dining, recreational, educational, vocational, health care, sally ports or other entry areas, and passageways (hallways), would not require a facility or the State to document or report such contact as a violation. However, any contact in a dedicated juvenile area, including any residential ar… | |||||
| 28:28:1.0.1.1.32.1.12.11 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.304 Definitions. | DOJ | (a) Criminal-type offender. A juvenile offender who has been charged with or adjudicated for conduct which would, under the law of the jurisdiction in which the offense was committed, be a crime if committed by an adult. (b) Detain or confine means to hold, keep, or restrain a person such that he is not free to leave, or such that a reasonable person would believe that he is not free to leave, except that a juvenile held by law enforcement solely for the purpose of returning him to his parent or guardian or pending his transfer to the custody of a child welfare or social service agency is not detained or confined within the meaning of this definition. (c) Facility. A place, an institution, a building or part thereof, set of buildings or an area whether or not enclosing a building or set of buildings which is used for the lawful custody and treatment of juveniles and may be owned and/or operated by public and private agencies. (d) Juvenile offender. An individual subject to the exercise of juvenile court jurisdiction for purposes of adjudication and treatment based on age and offense limitations by defined as State law, i.e., a criminal-type offender or a status offender. (e) Juvenile who has been adjudicated as having committed an offense. A juvenile with respect to whom the juvenile court has determined that such juvenile is a juvenile offender, i.e., a criminal-type offender or a status offender. (f) Juvenile who is accused of having committed an offense. A juvenile with respect to whom a petition has been filed in the juvenile court or other action has occurred alleging that such juvenile is a juvenile offender, i.e., a criminal-type offender or a status offender, and no final adjudication has been made by the juvenile court. (g) Lawful custody. The exercise of care, supervision and control over a juvenile offender or non-offender pursuant to the provisions of the law or of a judicial order or decree. (h) Local private agency. For the purposes of the pass-through requirement of sec… | |||||
| 28:28:1.0.1.1.32.1.12.7 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.300 [Reserved] | DOJ | ||||||
| 28:28:1.0.1.1.32.1.12.8 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.301 Funding. | DOJ | (a) [Reserved] (b) Funds for local use. At least two-thirds of the formula grant allocation to the state (other than the section 222(d) State Advisory Group set aside) must be used for programs by local government, local private agencies, and eligible Indian tribes, unless the State applies for and is granted a waiver by the OJJDP. The proportion of pass-through funds to be made available to eligible Indian tribes shall be based upon that proportion of the state youth population under 18 years of age who reside in geographical areas where the tribes perform law enforcement functions. (1) [Reserved] (2) [Reserved] (3) To carry out this requirement, OJJDP will annually provide each state with the most recent Bureau of Census statistics on the number of persons under age 18 living within the state, and the number of persons under age 18 who reside in geographical areas where Indian tribes perform law enforcement functions. (4) Pass-through funds available to tribal entities under section 223(a)(5)(C) shall be made available within states to Indian tribes, combinations of Indian tribes, or to an organization or organizations designated by such tribe(s). Where the relative number of persons under age 18 within a geographic area where an Indian tribe performs law enforcement functions is too small to warrant an individual subgrant or subgrants, the state may, after consultation with the eligible tribe(s), make pass-through funds available to a combination of eligible tribes within the state, or to an organization or organizations designated by and representing a group of qualifying tribes, or target the funds on the larger tribal jurisdictions within the state. (5) [Reserved] (c) [Reserved] (d) [Reserved] (e) Nonparticipating States. Formula grant funds allocated to a State which has failed to submit an application, plan, or monitoring data establishing its eligibility for the funds will be reallocated to the nonparticipating State program on September 30 of the fiscal year for which the funds were appropr… | |||||
| 28:28:1.0.1.1.32.1.12.9 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.302 Applicant State agency. | DOJ | (a) [Reserved] (b) Advisory group. Pursuant to section 223(a)(3) of the JJDP Act, the State shall provide a list of all current advisory group members, indicating their respective dates of appointment and how each member meets the membership requirements specified in this section of the Act. (c) [Reserved] | |||||
| 28:28:1.0.1.1.32.1.13.12 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | §§ 31.400-31.401 [Reserved] | DOJ | ||||||
| 28:28:1.0.1.1.32.1.13.13 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.402 Application on file. | DOJ | Any Federal funds awarded pursuant to an application must be distributed and expended pursuant to and in accordance with the programs contained in the applicant State's current approved application. Any departures therefrom, other than to the extent permitted by current program and fiscal regulations and guidelines, must be submitted for advance approval by the Administrator of OJJDP. | |||||
| 28:28:1.0.1.1.32.1.13.14 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | §§ 31.403-31.404 [Reserved] | DOJ | ||||||
| 28:28:1.0.1.1.32.1.9.1 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.1 General. | DOJ | (a) This implements subpart I of part B of the Juvenile Justice and Delinquency Prevention Act of 1974, which authorizes a formula grant program. (b) In addition to this subpart, other rules or regulations may be applicable to the formula grant program described in paragraph (a) of this section; see, e.g., 2 CFR part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), as adopted by the Department of Justice through 2 CFR part 2800 or other applicable regulation; and 28 CFR part 42 (Nondiscrimination in Federally Assisted Programs—Implementation of title VI of the Civil Rights Act of 1964). (c) Unless expressly provided otherwise, any reference in this subpart to any provision of Federal law not in this subpart shall be understood to constitute a general reference and thus to include any subsequent amendments to the provision. | |||||
| 28:28:1.0.1.1.32.1.9.2 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.2 Statutory authority. | DOJ | The Statute establishing the Office of Juvenile Justice and Delinquency Prevention and giving authority to make grants for juvenile justice and delinquency prevention improvement programs is the Juvenile Justice and Delinquency Prevention Act of 1974, as amended (34 U.S.C. 11101 et seq. ) | |||||
| 28:28:1.0.1.1.32.1.9.3 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.3 [Reserved] | DOJ | ||||||
| 28:28:1.0.1.1.32.2.14.1 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | B | Subpart B—Juvenile Accountability Incentive Block Grants | § 31.500 Program purposes. | DOJ | Funds are available under the Juvenile Accountability Incentive Block Grants (JAIBG) in FY 1998, FY 1999, and each subsequent fiscal year as funds are made available, for State and local grants to support the following program purposes: (a) Program purpose no. 1: Building, expanding, renovating, or operating temporary or permanent juvenile correction or detention facilities, including the training of correctional personnel; (b) Program purpose no. 2: Developing and administering accountability-based sanctions for juvenile offenders; (c) Program purpose no. 3: Hiring additional juvenile judges, probation officers, and court-appointed defenders, and funding pre-trial services for juveniles, to ensure the smooth and expeditious administration of the juvenile justice system; (d) Program purpose no. 4: Hiring additional prosecutors, so that more cases involving violent juvenile offenders can be prosecuted and backlogs reduced; (e) Program purpose no. 5: Providing funding to enable prosecutors to address drug, gang, and youth violence more effectively; (f) Program purpose no. 6: Providing funding for technology, equipment, and training to assist prosecutors in identifying and expediting the prosecution of violent juvenile offenders; (g) Program purpose no. 7: Providing funding to enable juvenile courts and juvenile probation offices to be more effective and efficient in holding juvenile offenders accountable and reducing recidivism; (h) Program purpose no. 8: The establishment of court-based juvenile justice programs that target young firearms offenders through the establishment of juvenile gun courts for the adjudication and prosecution of juvenile firearms offenders; (i) Program purpose no. 9: The establishment of drug court programs for juveniles so as to provide continuing judicial supervision over juvenile offenders with substance abuse problems and to provide the integrated administration of other sanctions and services; (j) Program purpose no. 10: Establishing and maintaining intera… | |||||
| 28:28:1.0.1.1.32.2.14.2 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | B | Subpart B—Juvenile Accountability Incentive Block Grants | § 31.501 Eligible applicants. | DOJ | (a) Eligible applicants. Eligible applicants in FY 1998, FY 1999, and each subsequent fiscal year as funds are made available, are States whose Governor (or other Chief Executive Officer for the eligible jurisdictions that are not one of the 50 States but defined as such for purposes of this program) certifies, consistent with guidelines established by the Attorney General in consultation with Congress and incorporated into OJJDP's Program Guidance Manual, that the State is actively considering (or already has in place), or will consider within one year from the date of such certification, legislation, policies, or practices which, if enacted, would qualify the State for a grant. Specific information regarding qualifications can be found in the JAIBG Program Guidance Manual. (b) Qualifications. Each State Chief Executive Officer must designate a state agency to apply for, receive, and administer JAIBG funds. | |||||
| 28:28:1.0.1.1.32.2.14.3 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | B | Subpart B—Juvenile Accountability Incentive Block Grants | § 31.502 Assurances and plan information. | DOJ | [64 FR 19676, Apr. 21, 1999, as amended by Order No. 2703-2004, 69 FR 2838, Jan. 21, 2004] | (a) In its application for a Juvenile Accountability Incentive Block Grant (JAIBG), each State must provide assurances to the Office of Juvenile Justice and Delinquency Prevention (OJJDP), absent a waiver as provided in the JAIBG Program Guidance Manual, that: (1) The State will subgrant at least 75% of the State's allocation of funds to eligible units of local government to implement authorized programs at the local level; and (2) The State, and each unit of local government applying for a subgrant from the State, will expend not less than 45% of any grant provided to such State or unit of local government, other than funds set aside for administration, for program purposes 3-9 in § 31.500 (c) through (i) of this subpart, and will not spend less than 35% for program purposes 1, 2, and 10 in § 31.500 (a), (b), and (j) of this subpart, unless the State certifies to OJJDP, or the unit of local government certifies to the State, that the interests of public safety and juvenile crime control would be better served by expending the grant award for purposes set forth in the twelve program areas in a different ratio. Such certification shall provide information concerning the availability of existing structures or initiatives within the intended areas of expenditure (or the availability of alternative funding sources for those areas), and the reasons for the State or unit of local government's alternative use. (3) The funds provided under this part shall be administered in compliance with the standards set forth in part 38 (Equal Treatment for Faith-based Organizations) of this chapter. (b) Following award of JAIBG funds to a State by OJJDP, but prior to obligation of program funds by the State or of subgrant funds by a unit of local government for any authorized program purpose, a State administering JAIBG funds must provide to OJJDP information that demonstrates that the State, or a unit of local government that receives JAIBG funds, has established a coordinated enforcement plan for reducing juvenile crime, devel… | ||||
| 28:28:1.0.1.1.32.2.14.4 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | B | Subpart B—Juvenile Accountability Incentive Block Grants | § 31.503 Notice of proposed use of funds. | DOJ | The mechanism for a State to report on the proposed use of funds by the State or by a subgrantee unit of local government is by electronic submission of a “Follow Up Information Form” to be provided to each participating State. The purpose of this report is for the State to provide assurances to OJJDP that funds expended by the State and its subgrantee units of local government will be used for authorized program purpose areas. Although no actual program descriptions will be required, information about the distribution of funds among the authorized program purpose areas must be provided. Upon receipt and review of the “Follow Up Information Form” by OJJDP, States may obligate program funds retained for expenditure at the State level. Similarly, the State shall require that each recipient unit of local government submit its proposed use of non-administrative funds to the State prior to drawdown of subgrant funds to implement local programs and projects. Upon receipt and review of the local unit of government's proposed fund use, the State shall authorize the local unit of government to obligate local subgrant funds. The State shall electronically submit a copy of the local subgrant information to OJJDP, as provided in the award package, within 30 days of the date that the local unit of government is authorized to obligate program funds under its subgrant award. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);