Section 1520.47 Application and Receipt of Violence Against Women Act of 1994 Funds

Section 1520

Section 1520.47  Application

and Receipt of Violence Against Women Act of 1994 Funds

a)         The Authority will annually review Section 2001 of the

Violence Against Women Act of 1994 (P.L. 103-322, effective September 13, 1994)

and based on the need to strengthen law enforcement, prosecution and victim

services in cases involving violent crimes against women, particularly crimes

of sexual assault and domestic violence, the services available to address that

need, consultation with nonprofit, nongovernmental victim service programs, and

oral and written comment and testimony received at public meetings conducted

pursuant to the Open Meetings Act [5 ILCS 120], will 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 1750.330).

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

the Violence Against Women Act of 1994 may be distributed to State agencies,

units of local government, and nonprofit, nongovernmental victim services

programs.  In distributing funds, the Authority will give priority to areas of

varying geographic size with the greatest needs, consider the population to be

served within a geographic area, assure that the needs of previously

underserved populations are identified and addressed, and equitably distribute

monies on a geographic basis, including non-urban and rural areas of various

geographic sizes

rams.  In distributing funds, the Authority will give priority to areas of

varying geographic size with the greatest needs, consider the population to be

served within a geographic area, assure that the needs of previously

underserved populations are identified and addressed, and equitably distribute

monies on a geographic basis, including non-urban and rural areas of various

geographic sizes.  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, units of local

government, and nonprofit, nongovernmental victim services programs eligible

for the receipt of federal funds:

1)         analysis of need as evidenced by public health data, data

regarding orders of protection, and demographic and criminal justice data;

2)         comments from the public, service providers, and State and

local officials;

3)         information (including but not limited to prior experience

with grants and current efforts regarding cases involving violent crimes

against women) indicating the likelihood that a State agency, unit of local

government, or nonprofit, nongovernmental victim services program will achieve

the desired objectives of the Violence Against Women Act of 1994;

4)         criminal justice and victim service agency surveys, which

include information regarding service availability and the numbers of victims

actually served, and the incidence of violent crimes against women (percentages

as well as gross numbers);

5)         current research findings; and

6)         consultation with nonprofit, nongovernmental victim service

programs.

c)         A State agency, unit of local government, or nonprofit,

nongovern- mental victim service program, so identified pursuant to subsection

numbers of victims

actually served, and the incidence of violent crimes against women (percentages

as well as gross numbers);

5)         current research findings; and

6)         consultation with nonprofit, nongovernmental victim service

programs.

c)         A State agency, unit of local government, or nonprofit,

nongovern- mental victim service program, 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 Violence Against Women Act of 1994 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 State agency, unit of local government, or

nonprofit, nongovernmental victim service program 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 contribution.

d)         A State agency, unit of local government, or nonprofit,

nongovern- mental victim service program not so contacted by the Executive

Director pursuant to subsection (c), shall, however, upon written request to

the Executive Director, be included among those State agencies, units of local

government, or nonprofit, nongovernmental victim service programs 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 State agency, unit of local

government, or nonprofit, nongovernmental victim service program proposes to

achieve those goals and objectives

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 State agency, unit of local

government, or nonprofit, nongovernmental victim service program 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 Violence Against

Women Act of 1994, 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 contribution.  If the Executive

Director determines that the State agency, unit of local government, or

nonprofit, nongovernmental victim service program is not so eligible or so

qualified, the Executive Director shall notify the State agency, unit of local

government, or nonprofit, nongovernmental victim service program, within 45

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

funding and the reasons for such recommendation.  The State agency, unit of

local government, or nonprofit, nongovernmental victim service program 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 Violence Against Women Act of 1994

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 Violence Against Women Act of 1994.  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, service providers 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;

6)         the overall cost of the program or services; and

7)         the requirement that a minimum of 25% of the funds received be

distributed to each of the following: law enforcement, prosecution, and victim

services.

f)         Pursuant to Section 2002 of the Violence Against Women Act of

1994, the Application to the Violence Against Women Grants Office shall include

a State implementation plan describing identified goals and how funds will be

used to achieve those goals, and those certifications and assurances listed in

Section 2002 of the Violence Against Women Act of 1994

secution, and victim

services.

f)         Pursuant to Section 2002 of the Violence Against Women Act of

1994, the Application to the Violence Against Women Grants Office shall include

a State implementation plan describing identified goals and how funds will be

used to achieve those goals, and those certifications and assurances listed in

Section 2002 of the Violence Against Women Act of 1994.

g)         Upon notification by the Violence Against Women Grants Office

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.