Section 1520.46 Application and Receipt of Anti-Drug Abuse Act of 1988 Funds

Section 1520

Section 1520.46  Application

and Receipt of Anti-Drug Abuse Act of 1988 Funds

a)         The Authority will annually review Section 501 of the

Anti-Drug Abuse Act of 1988 (P.L. 100-690, effective November 18, 1988) and

based on the need for services to enforce state and local laws that establish

offenses similar to offenses established in the Controlled Substances Act (21

U.S.C. 801 et. seq.) and to improve the functioning of the criminal justice

system with emphasis on violent crime and serious offenders, the services

available to address that need, and oral and written comment and testimony received

at public meetings conducted pursuant to the Open Meetings Act (Ill. Rev. Stat.

1987, ch. 102, par. 41 et seq.), select program funding priorities for each

federal fiscal year. Such funding priorities shall be selected by the Authority

at a public meeting in conformance with the Open Meetings Act and the

Authority's rules (2 Ill. Adm. Code 1750.310 et seq.).

b)         Federal funds made available to the State of Illinois through

the Anti-Drug Abuse Act of 1988 shall be distributed to State agencies and units

of local government. In distributing funds among urban, rural and suburban

units of local government and combinations thereof, the Authority shall give

priority to those jurisdictions with the greatest need. Based on the funding

priorities selected by the Authority pursuant to subsection (a) above, the

Executive Director shall use the following evaluation criteria to identify

those State agencies and units of local government eligible for the receipt of

federal funds:

1)         analysis of need as evidenced by demographic and criminal

justice data;

2)         comments from the public and state and local officials;

3)         information (including but not limited to drug activity

information, arrests, prosecutions, drug types, prior experience with grants

and current efforts regarding drug enforcement) indicating the likelihood that

a State agency or unit of local governmen

s of need as evidenced by demographic and criminal

justice data;

2)         comments from the public and state and local officials;

3)         information (including but not limited to drug activity

information, arrests, prosecutions, drug types, prior experience with grants

and current efforts regarding drug enforcement) indicating the likelihood that

a State agency or unit of local government will achieve the desired objectives

of the Anti-Drug Abuse Act of 1988;

4)         drug law enforcement and violent crime information, including

arrests, prosecutions, convictions, recidivism, (percentages as well as gross

numbers), overdose, information provided to police by citizens, and treatment

information such as admissions to programs; and

5)         current research findings.

c)         A unit of local government or State agency, so identified

pursuant to subsection (b) above, shall be contacted by the Executive Director

to assess its interest in and ability to qualify for the receipt of federal

funds pursuant to the requirements of the Anti-Drug Abuse Act of 1988 and, if

so interested and so qualified, to prepare a description of programs or

services that identifies the problem to be addressed, states goals and

objectives, and indicates the means by which the unit of local government or

State agency proposes to achieve those goals and objectives. In assessing the

interest in and ability to qualify for the receipt of the above-mentioned

funds, the Executive Director shall consider resolutions from county and

municipal boards and written assurance from these boards of their ability to

obtain the required matching money.

d)         A unit of local government or state agency not so contacted by

the Executive Director pursuant to subsection (c) above shall, however, upon

written request to the Executive Director, be included among those units of

local government or State Agencies evaluated by the Executive Director pursuant

to the criteria established in subsection (b) above

obtain the required matching money.

d)         A unit of local government or state agency not so contacted by

the Executive Director pursuant to subsection (c) above shall, however, upon

written request to the Executive Director, be included among those units of

local government or State Agencies evaluated by the Executive Director pursuant

to the criteria established in subsection (b) above. Such written request shall

include a description of programs or services that identifies the problem to be

addressed, states goals and objectives, and indicates the means by which the

unit of local government or State Agency proposes to achieve those goals and

objectives. In assessing the interest in and ability to qualify for the receipt

of federal funds pursuant to the Anti-Drug Abuse Act of 1988, the Executive

Director shall consider resolutions from county and municipal boards and

written assurance from these boards of their ability to obtain the required

matching money. If the Executive director determines that the unit of local

government or State Agency is not so eligible or so qualified, the Executive

Director shall notify the unit of local government or State Agency, within 45

days of receipt of the written request, that it will not be recommended for

funding and the reasons for such recommendation. The unit of local government

or State Agency may submit a written request for reconsideration to the

Chairman of the Budget Committee within 28 days from receiving notice from the

Executive Director. The written request for reconsideration shall include the

reasons for requesting reconsideration by the Budget Committee.

e)         The Budget Committee shall, at a public meeting conducted

pursuant to the Open Meetings Act, designate programs or projects, implementing

agencies, and amounts for funding which address one or more of the program

priorities specified by the Authority in subsection (a) above, consistent with

the Anti-Drug Abuse Act of 1988

asons for requesting reconsideration by the Budget Committee.

e)         The Budget Committee shall, at a public meeting conducted

pursuant to the Open Meetings Act, designate programs or projects, implementing

agencies, and amounts for funding which address one or more of the program

priorities specified by the Authority in subsection (a) above, consistent with

the Anti-Drug Abuse Act of 1988. The Budget Committee's decision to designate

these programs or services, implementing agencies and fund amounts shall be

based upon equal consideration of the following factors:

1)         the recommendations of the Executive Director made pursuant to

subsection (b) above and written requests for reconsideration made pursuant to

subsection (d) above;

2)         comments from the public and State and local officials;

3)         the proven effectiveness of a program, by making a prudent

assessment of the problem to be addressed by a proposed program;

4)         the likelihood that a program will achieve the desired

objectives, by making a prudent assessment of the concepts and implementation

plans included in a proposed program and by the results of any evaluations of

previous tests, demonstrations or similar programs;

5)         the availability of funds; and

6)         the overall cost of the program or services.

f)         Pursuant to Section 503 of the Anti-Drug Abuse Act of 1988,

the Application to the Bureau of Justice Assistance shall include a statewide

strategy for drug and violent crime control programs which improve the

functioning of the criminal justice system, with an emphasis on drug trafficking,

violent crime and serious offenders, and those certifications and assurances

listed in Section 503 of the Anti-Drug Abuse Act of 1988

e Anti-Drug Abuse Act of 1988,

the Application to the Bureau of Justice Assistance shall include a statewide

strategy for drug and violent crime control programs which improve the

functioning of the criminal justice system, with an emphasis on drug trafficking,

violent crime and serious offenders, and those certifications and assurances

listed in Section 503 of the Anti-Drug Abuse Act of 1988.

g)         Upon notification by the Bureau of Justice Assistance that an

Application has been approved, the Executive Director shall enter into

interagency agreements with those implementing agencies designated by the

Budget Committee pursuant to subsection (e) above, specifying the terms and

conditions under which the programs or projects are to be conducted and the

federal funds are to be received. If the Authority is the designated

implementing agency, then the Executive Director shall document such terms and

conditions, which, to become effective, must be accepted in writing by the

Chairman of the Authority. The terms and conditions shall include but not be

limited to reporting requirements that reflect fiscal expenditures and progress

toward program objectives, compliance with applicable laws and regulations,

maintenance of financial and program records beyond the expiration of the

agreement, the prohibition of subcontracting or assignment of agreements

without prior written approval of the Authority, audit procedures as described

in the federal laws and regulations listed in Section 1520.50(a), and the

status of the implementing agency as an independent contractor.