oppOVW-2018-13827-cfda16.590-instructions..pdf

OMB Number – 1122-0020 Expiration Date: 12/31/2018

U.S. Department of Justice Office on Violence Against Women (OVW)

OVW Fiscal Year 2018 Improving Criminal Justice

Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant Program (formerly known as the Grants to

Encourage Arrest Policies and Enforcement of Protection Orders

Program) Solicitation

Release Date: on or about January 4, 2018

Eligibility

Eligible applicants are limited to: states; Indian tribal governments; state, tribal, and local courts (including juvenile courts); units of local government; state, tribal, or territorial domestic violence or sexual assault coalitions; or victim service providers. Grant recipients that received funding for 36 months in Fiscal Year 2016 or 2017 are NOT eligible to apply for Fiscal Year 2018 awards.

(See “Eligibility Information”)

Deadlines

Applications are due by 11:59 p.m. Eastern Time (E.T.) on February 27, 2018.

(See “Submission Dates and Times”) ii

Registration Information: To submit an application, all applicants must obtain a Data Universal Number System (DUNS) Number and register online with the System for Award Management (SAM) and with Grants.gov. To ensure sufficient time to complete the registration process, applicants must obtain a DUNS Number and register online with SAM and with Grants.gov immediately, but no later than, February 8, 2018.

(See “Registration”)

Letter of Registration: Applicants are strongly encouraged to submit a letter of registration to OVW.ICJR@usdoj.gov by February 6, 2018. This will ensure that applicants are well-positioned to successfully submit an application by the deadline. Submitting a Letter of Registration will not obligate a potential applicant to submit an application. Interested applicants who do not submit a Letter of Registration are still eligible to apply.

(See “Letter of Registration”)

Pre-Application Information Sessions: OVW will conduct two web-based Pre-Application Information Sessions for entities interested in submitting an application for the Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant Program. Participation in these sessions is optional. Interested applicants who do not participate are still eligible to apply.

(See “Pre-Application Information Sessions”)

Contact Information

For assistance with the requirements of this solicitation, email OVW at OVW.ICJR@usdoj.gov.

Alternatively, interested parties may call OVW at (202) 307-6026.

Submission and Notification Information

Submission: Applications for the Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant Program will be submitted through Grants.gov. For technical assistance with Grants.gov, contact the Grants.gov Customer Support Line at 1-800-518-4726.

The Grants.gov number assigned to this announcement is OVW-2018-13827

Notification: OVW anticipates notifying all applicants of funding decisions by October 1, 2018.

https://www.sam.gov/portal/SAM/#1 http://www.grants.gov/ https://www.sam.gov/portal/SAM/#1 http://www.grants.gov/ mailto:OVW.ICJR@usdoj.gov mailto:OVW.ICJR@usdoj.gov http://www.grants.gov/ http://www.grants.gov/ iii

Contents A. Program Description

Overview

About the OVW Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant Program

Program Scope

Purpose Areas

Mandatory Program Requirements

OVW Priority Areas

Statutory Priority

Activities that Compromise Victim Safety and Recovery and Undermine Offender Accountability

Out-of-Scope Activities

Unallowable Activities

B. Federal Award Information Availability of Funds

Award Period

Award Amounts

Types of Applicants

C. Eligibility Information Eligible Applicants

Nonprofit Organization Requirement – 501(c)(3) Status

Nonprofit Organization Requirement – Offshore Accounts

Cost Sharing or Match Requirement

Other Program Eligibility Requirements

Limit on Number of Applications

D. Application and Submission Information Address to Request Application Package

Pre-Application Information Sessions

Content and Form of Application Submission

Letter of Registration

Application Contents

Formatting and Technical Requirements iv

Application Requirements

Summary Data Sheet

Proposal Abstract (not scored)

Project Narrative

Budget Detail Worksheet and Narrative

Memorandum of Understanding (MOU)/ Court Letter of Commitment

Certification of Eligibility

HIV Certification, Assurance, or Exemption Letter

Additional Required Information

Unique Entity Identifier (DUNS Number) and System for Award Management (SAM)

Submission Dates and Times

OVW Policy on Duplicate Applications

OVW Policy on Late Submissions

Intergovernmental Review - Single Point of Contact Review

Funding Restrictions

Other Submission Requirements Grant Application Package

Submitting a Grant Application

E. Application Review Information Criteria

Review and Selection Process

Anticipated Announcement and Federal Award Dates

F. Federal Award Administration Information Federal Award Notices

Administrative and National Policy Requirements

Reporting

G. Federal Awarding Agency Contact(s) H. Other Information

Application Checklist

APPENDIX A

Budget Guidance & Sample Budget Detail Worksheet

APPENDIX B

Sample Letter of Registration

APPENDIX C

v

Disclosures of Process Related to Executive Compensation

APPENDIX D

Summary of Current and Recent OVW Projects

APPENDIX E

Summary of Current and Pending Non-OVW Grants to Do the Same or Similar Work

APPENDIX F

Sample Certification Letters

OVW Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating

Violence, and Stalking Grant Program

(CFDA 16.590)

A. Program Description Overview The Office on Violence Against Women (OVW) is a component of the United States Department of Justice (DOJ). Created in 1995, OVW implements the Violence Against Women Act (VAWA) and subsequent legislation and provides national leadership on issues of sexual assault, domestic violence, dating violence, and stalking. Since its inception, OVW has supported a multifaceted approach to responding to these crimes through implementation of grant programs authorized by VAWA. By forging state, local, and tribal partnerships among police, prosecutors, judges, victim advocates, health care providers, faith leaders, organizations that serve culturally specific and underserved communities, and others, OVW grants help provide victims, across their life span, with the protection and services they need to pursue safe and healthy lives, while improving communities’ capacity to provide justice for victims and hold offenders accountable.

About the OVW Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant Program This program is authorized by 34 U.S.C. §§ 10461-10465. The Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant Program (Improving Criminal Justice Responses Program), formerly known as the Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program (Arrest Program),1 is designed to encourage partnerships among state, local, and tribal governments, courts, victim service providers, coalitions and rape crisis centers, to ensure that sexual assault, domestic violence, dating violence, and stalking are treated seriously, requiring the coordinated involvement of the entire criminal justice system and community-based victim service providers.

The Improving Criminal Justice Responses Program challenges the community to work collaboratively to identify problems and share ideas that will result in effective responses to ensure victim safety and offender accountability. A coordinated community response that brings together effective partners from the local government including law enforcement agencies, prosecutors’ offices and courts, nonprofit organizations, and population specific organizations is critical to the Improving Criminal Justice Responses Program. These partnerships are crucial to the effective implementation of grant projects funded by the Improving Criminal Justice Responses Program and therefore, documentation that memorializes this coordination and collaboration, such as a memorandum of understanding, is a vital component of an application submitted under this solicitation. These required partnerships serve as the foundation for grant-funded activities.

For additional information on the Improving Criminal Justice Responses Program, including what past grantees have accomplished with their grant funds and to view the Improving Criminal

1 OVW changed the working title of the Arrest Program in FY2015 to more accurately reflect the program’s scope.

Justice Responses Program performance measures and grantee-reported data, see http://muskie.usm.maine.edu/vawamei/cdsarrestmain.htm.

Program Scope Activities supported by the Improving Criminal Justice Responses Program are determined by statute, federal regulations, and OVW policies. If an applicant receives an award, the funded project is bound by the provisions of this solicitation, the DOJ Financial Guide, including updates to the guide after an award is made, and the conditions of the award.

Purpose Areas In FY 2018, funds under the Improving Criminal Justice Responses Program may be used for the following statutory purposes:

1. Implement pro-arrest programs and policies in police departments, including policies for protection order violations and enforcement of protection orders across state and tribal lines;

2. Develop policies, educational programs, protection order registries, data collection systems, and training in police departments to improve tracking of cases and classification of complaints involving sexual assault, domestic violence, dating violence, and stalking. Policies, educational programs, protection order registries, and training described in this purpose area shall incorporate confidentiality, and privacy protections for victims of sexual assault, domestic violence, dating violence, and stalking;

3. Centralize and coordinate police enforcement, prosecution, or judicial responsibility for sexual assault, domestic violence, dating violence, and stalking cases in teams or units of police officers, prosecutors, parole and probation officers, or judges;

4. Coordinate computer tracking systems and provide the appropriate training and education about sexual assault, domestic violence, dating violence, and stalking to ensure communication between police, prosecutors, parole and probation officers, and both criminal and family courts;

5. Strengthen legal advocacy service programs and other victim services for victims of sexual assault, domestic violence, dating violence, and stalking, including strengthening assistance to such victims in immigration matters;

6. Educate federal, state, tribal, territorial, and local judges, courts, and court-based and court-related personnel in criminal and civil courts (including juvenile courts) about sexual assault, domestic violence, dating violence, and stalking and improve judicial handling of such cases;

7. Provide technical assistance and computer and other equipment to police departments, prosecutors, courts, and tribal jurisdictions to facilitate the widespread enforcement of protection orders, including interstate enforcement, enforcement between states and tribal jurisdictions, and enforcement between tribal jurisdictions;

http://muskie.usm.maine.edu/vawamei/cdsarrestmain.htm https://www.justice.gov/ovw/file/892031/download

8. Develop or strengthen policies and training for police, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of sexual assault, domestic violence, dating violence, and stalking against older individuals and individuals with disabilities;

9. Develop state, tribal, territorial, or local policies, procedures, and protocols for preventing dual arrests and prosecutions in cases of sexual assault, domestic violence, dating violence and stalking, and develop effective methods for identifying the pattern and history of abuse that indicates which party is the actual perpetrator of abuse;

10. Plan, develop and establish comprehensive victim service and support centers, such as family justice centers, designed to bring together victim advocates from victim service providers, staff from population specific organizations, law enforcement officers, prosecutors, probation officers, governmental victim assistants, forensic medical professionals, civil legal attorneys, chaplains, legal advocates, representatives from community-based organizations and other relevant public or private agencies or organizations into one centralized location, in order to improve safety, access to services, and confidentiality for victims and families;

11. Develop and implement policies and training for police, prosecutors, probation, and parole officers, and the judiciary in recognizing, investigating, and prosecuting instances of sexual assault, with an emphasis on recognizing the threat to the community for repeat crime perpetration by such individuals;

12. Develop, enhance and maintain protection order registries;

13. Develop human immunodeficiency virus (HIV) testing programs for sexual assault perpetrators and notification and counseling protocols;

14. Develop and implement training programs for prosecutors and other prosecution-related personnel regarding best practices to ensure offender accountability, victim safety, and victim consultation in cases involving sexual assault, domestic violence, dating violence, and stalking;

15. Develop or strengthen policies, protocols, and training for law enforcement, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of sexual assault, domestic violence, dating violence, and stalking against immigrant victims, including the appropriate use of applications for nonimmigrant status under subparagraphs (T) and (U) of section 1101(a)(15) of Title 8, United States Code;

16. Develop and promote state, local, or tribal legislation and policies that enhance best practices for responding to the crimes of sexual assault, domestic violence, dating violence, and stalking, including the appropriate treatment of victims;

17. Develop, implement, or enhance sexual assault nurse examiner programs or sexual assault forensic examiner programs, including the hiring and training of such examiners;

18. Develop, implement, or enhance Sexual Assault Response Teams or similar coordinated community responses to sexual assault;

19. Develop and strengthen policies, protocols, and training for law enforcement officers and prosecutors regarding the investigation and prosecution of sexual assault cases and the appropriate treatment of victims;

20. Provide human immunodeficiency virus testing programs, counseling, and prophylaxis for victims of sexual assault

21. Identify and inventory backlogs of sexual assault evidence collection kits and develop protocols for responding to and addressing such backlogs, including policies and protocols for notifying and involving victims; and

22. Develop multidisciplinary high-risk teams focusing on reducing domestic violence and dating violence homicides by— A. using evidence-based indicators to assess the risk of homicide and link high-risk victims to immediate crisis intervention services;

B. identifying and managing high-risk offenders; and C. providing ongoing victim advocacy and referrals to comprehensive services including legal, housing, health care, and economic assistance.

Because the majority of the statutory purpose areas listed above include functions and/or activities that are inherently governmental or law enforcement focused, victim service providers applying as the lead applicant may seek funding to address only the following purpose areas:

5. Strengthen legal advocacy service programs and other victim services for victims of sexual assault, domestic violence, dating violence, and stalking, including strengthening assistance to such victims in immigration matters;

6. Educate federal, state, tribal, territorial, and local judges, courts, and court-based and court-related personnel in criminal and civil courts (including juvenile courts) about sexual assault, domestic violence, dating violence, and stalking and improve judicial handling of such cases;

10. Plan, develop and establish comprehensive victim service and support centers, such as family justice centers, designed to bring together victim advocates from victim service providers, staff from population specific organizations, law enforcement officers, prosecutors, probation officers, governmental victim assistants, forensic medical professionals, civil legal attorneys, chaplains, legal advocates, representatives from community-based organizations and other relevant public or private agencies or organizations into one centralized location, in order to improve safety, access to services, and confidentiality for victims and families;

16. Develop and promote state, local, or tribal legislation and policies that enhance best practices for responding to the crimes of sexual assault, domestic violence, dating violence, and stalking, including the appropriate treatment of victims;

17. Develop, implement, or enhance sexual assault nurse examiner programs or sexual assault forensic examiner programs, including the hiring and training of such examiners;

18. Develop, implement, or enhance Sexual Assault Response Teams or similar coordinated community responses to sexual assault; and

22. Develop multidisciplinary high-risk teams focusing on reducing domestic violence and dating violence homicides by-

(A) using evidence-based indicators to assess the risk of homicide and link high-risk victims to immediate crisis intervention services;

(B) identifying and managing high-risk offenders; and

(C) providing ongoing victim advocacy and referrals to comprehensive services including legal, housing, health care, and economic assistance.

Mandatory Program Requirements Applicants that receive funding under the Improving Criminal Justice Responses Program will be required to engage in the following activities:

Mandatory Partnerships An effective response to sexual assault, domestic violence, dating violence, and stalking begins with coordination of the public and private agencies that play a role in providing for victim safety and offender accountability. To ensure that the limited Improving Criminal Justice Responses Program funds are going to jurisdictions ready to employ a coordinated community response (CCR), OVW requires that each applicant develop a Memorandum of Understanding (MOU) with its project partners. Applicants that fail to include the mandatory partners will be removed from further consideration. The required partnerships are described below:

Government and Court Applicants Applicants that are states, units of local governments, tribal governments, or courts are required to enter into a formal collaboration with one or more nonprofit, nongovernmental victim service provider(s) serving victims of sexual assault, domestic violence, dating violence, and/or stalking.

A victim service provider2 must be involved in the development and implementation of the project.

Victim service provider partners should meet all of the following criteria:

1. Provide services to victims of sexual assault, domestic violence, dating violence, or stalking as one of their primary purposes and have a demonstrated history of effective work in this field;

2. Address a demonstrated need in their communities by providing services that promote the dignity and self-sufficiency of victims, improve their access to resources, and create options for victims; and

3. Not engage in or promote activities that compromise victim safety and recovery.

In developing an application for the Improving Criminal Justice Responses Program, applicants are encouraged to consider some important distinctions among the following potential partners:

2 A “victim service provider” means a nonprofit, nongovernmental or tribal organization or rape crisis center, including a state or tribal coalition, that assists or advocates for domestic violence, dating violence, sexual assault, or stalking victims, including domestic violence shelters, faith-based organizations, and other organizations, with a documented history of effective work concerning domestic violence, dating violence, sexual assault or stalking.

A “rape crisis center” means a nonprofit, nongovernmental or tribal organization, or governmental entity in a state other than a territory that provides intervention and related assistance, as specified in 34 U.S.C. § 12511(b)(2)(C), to victims of sexual assault without regard to their age. In the case of a governmental entity, the entity may not be part of the criminal justice system (such as a law enforcement agency) and must be able to offer a comparable level of confidentiality as a nonprofit entity that provides similar victim services.

1. Victim assistants or victim witness specialists who work for government agencies (e.g., the police department or the district or city attorney’s office);

2. Advocates employed by nonprofit, nongovernmental sexual assault, domestic violence, dating violence, or stalking programs (e.g., shelters, rape crisis centers, advocacy groups or coalitions); and

3. Legal representatives (e.g., students from law school clinics, paralegals, attorneys working for legal service agencies or independent attorneys).

There is an important role for all advocates to play in the creation of a coordinated community response. However, given the unique role that nonprofit, nongovernmental victim advocates play in representing the needs of survivors, nonprofit, nongovernmental providers must be involved in the development and implementation of projects receiving Improving Criminal Justice Responses Program funds to ensure that victim safety remains central throughout the project. This does not preclude applicants from requesting support for governmental victim service providers, but the budget and budget narrative must distinguish between these roles and should include compensation for the contributions of nonprofit, nongovernmental victim service providers.

Victim Service Provider Applicants Applicants that are victim service providers are required to enter into a formal collaboration with a state, local government, or tribal government as well as any specific governmental organizations that are necessary for the implementation of the proposed project. For example, an applicant proposing to develop a Sexual Assault Response Team must have a law enforcement agency as a partner in addition to the required state, local,3 or tribal government partner. In addition, all victim service provider applicants proposing to address the trafficking priority area (see below) must have a law enforcement and a prosecution agency as a partner.

All partners must be involved in the development and implementation of the project. Applicants that fail to include the mandatory partners will be removed from further consideration.

Applicants Addressing Underserved Populations Applicants proposing to address the underserved populations priority area (see below) are required to include as an MOU partner at least one population-specific organization.4 The population-specific partner(s) must provide targeted, population-specific services. In lieu of a partnership, victim service provider applicants that qualify as population-specific may choose to demonstrate the necessary experience and expertise in the MOU and Who Will Implement sections of the application.

Victim Service Provider Applicants Addressing the OVW Trafficking Priority Area Victim service provider applicants proposing to address the OVW priority area to improve services for and/or the response to victims of sex trafficking and other severe forms of trafficking in persons who have also experienced domestic violence, sexual assault, dating violence, or stalking must partner with federal, state, and/or local law enforcement and prosecution to develop comprehensive response protocols to ensure that trafficking victims are identified and referred for appropriate services.

3 Law enforcement agencies, prosecutors and courts are not units of local government.

4 A “population specific organization” means a nonprofit, nongovernmental organization that primarily serves members of a specific underserved population and has demonstrated experience and expertise providing targeted services to members of that specific underserved population.

OVW Priority Areas In FY 2018, OVW is interested in supporting the priority areas identified below. Applications proposing activities in the following areas will be given special consideration during the review process.

1. Improve services for and/or the response to victims of sex trafficking and other severe forms of trafficking in persons who have also experienced domestic violence, sexual assault, dating violence, or stalking.

OVW will give special consideration to Improving Criminal Justice Responses Program applications that address services and/or responses to victims of sex trafficking or other forms of trafficking in persons who have also experienced sexual assault, domestic violence, dating violence, and stalking. Under the definitions and grant conditions applicable to the Improving Criminal Justice Responses Program pursuant to VAWA, as amended, victim services include services and assistance to victims of domestic violence, dating violence, sexual assault, or stalking who are also victims of severe forms of trafficking in persons. 34 U.S.C. § 12291(b)(14).5 This means that applicants can apply to serve individuals who are both victims of trafficking and victims of domestic violence, dating violence, sexual assault, or stalking. Applicants proposing to serve trafficking victims must specify this in their application and must demonstrate their capability to serve this population, either through their own expertise and experience or through partnerships with organizations and/or agencies that have such expertise and experience. Applicants who are victim service providers must also partner with federal, state, and/or local law enforcement and prosecution to develop comprehensive response protocols to ensure that trafficking victims are identified and referred for appropriate services. This partnership must be documented in the memorandum of understanding described later in this solicitation.

Applicants must identify how they will engage in outreach to trafficked victims of sexual assault, domestic violence, dating violence, and stalking and tailor services to address the unique needs of these victims. An example of an appropriate project under this priority area could be training judges, advocates, law enforcement officers, prosecutors, and others who work with victims of sexual assault, domestic violence, dating violence, and stalking to recognize when those victims may also be victims of sex trafficking or other severe forms of trafficking in persons.

2. Increase support for survivors of sexual assault, including services, law enforcement and prosecution.

OVW will give special consideration to applications that meaningfully address sexual assault such as supporting staff positions of adult or pediatric Sexual Assault Nurse Examiners (SANEs) and/or Sexual Assault Forensic Examiners (SAFEs), training for these professionals, and projects to address backlogs of sexual assault evidence. Applicants are also encouraged to consider other areas addressing sexual assault, such as counseling for sexual assault survivors; the establishment or enhancement of Sexual Assault Response Teams; specialized personnel or units such as law enforcement or prosecution; specialized training related to responding, investigating or prosecuting sexual assault cases; programs

5 “Severe forms of trafficking in persons” is defined in 22 U.S.C. § 7102 as:

a. Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or

b. The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

addressing rape kit backlogs; and programs that involve implementation of the Prison Rape Elimination Act (PREA) standards in working with incarcerated victims.

Applications that focus primarily (75% or more of their proposed goals, objectives, activities and budget) on developing, enlarging, or strengthening programs addressing sexual assault will be considered to be meaningfully addressing this issue and given special consideration during the recommendation process.

3. Meaningfully increase access to OVW programming for marginalized and/or underserved populations (based on race, ethnicity, sexual orientation, gender identity, disability, age, etc.).

OVW encourages applicants to consider projects that would increase services to underserved populations and ensure that services are representative of their community demographics. OVW will give special consideration to applications that propose to increase support for underserved populations, such as African Americans, older adults, individuals with disabilities, and immigrants. OVW also encourages applicants to consider ways in which they will ensure that organizations and programs focus on incorporating representatives from marginalized communities in their respective coordinated community responses and/or on their multidisciplinary teams. Applicants proposing to address this priority must include as the lead applicant or as an MOU partner at least one population-specific organization. The population-specific organization(s) must provide targeted, population-specific services.

Applications that focus primarily (75% or more of their proposed goals, objectives, activities and budget) on developing, enlarging, or strengthening programs addressing sexual assault, domestic violence, dating violence, and/or stalking in underserved populations will be considered to be meaningfully addressing the issue and given special consideration during the recommendation process.

Statutory Priority By statute, 34 U.S.C. § 10462(b), when making Improving Criminal Justice Responses Program awards, OVW must give priority to applicants that:

1. Do not currently provide for centralized handling of cases involving sexual assault, domestic violence, dating violence, and stalking by police, prosecutors, and courts;

2. Demonstrate a commitment to strong enforcement of laws, and prosecution of cases, involving sexual assault, domestic violence, dating violence, or stalking including the enforcement of protection orders from other states and jurisdictions, including tribal jurisdictions;

3. Have established cooperative agreements or can demonstrate effective ongoing collaborative arrangements with neighboring jurisdictions to facilitate the enforcement of protection orders from other states and jurisdictions, including tribal jurisdictions; and

4. Intend to utilize grant funds to develop and install data collection and communication systems, including computerized systems, and training on how to use these systems effectively to link police, prosecutors, courts, and tribal jurisdictions for the purpose of identifying and tracking protection orders and violations of protection orders, in those jurisdictions where such systems do not exist or are not fully effective.

In FY 2018, applications seeking to address one or more of the Improving Criminal Justice Responses Program statutory priorities will receive priority during the review process.

Applications addressing a single statutory priority area will receive one additional point and those addressing two or more of the statutory priorities will receive a total of two additional points. OVW will determine the extent to which an applicant meaningfully addresses priority areas.

Activities that Compromise Victim Safety and Recovery and Undermine Offender Accountability The following activities have been found to jeopardize victim safety, deter or prevent physical or emotional healing for victims, or allow offenders to escape responsibility for their actions:

1. Procedures or policies that exclude victims from receiving safe shelter, advocacy services, counseling, and other assistance based on their actual or perceived sex, age, immigration status, race, religion, sexual orientation, gender identity, mental health condition, physical health condition, criminal record, work in the sex industry, or the age and/or gender of their children;6

2. Procedures or policies that compromise the confidentiality of information and/or privacy of persons receiving OVW-funded services;

3. Procedures or policies that require victims to take certain actions (e.g., seek an order of protection, receive counseling, participate in couples counseling or mediation, report to law enforcement, seek civil or criminal remedies, etc.) in order to receive services;

4. Procedures or policies that fail to include conducting safety planning with victims;

5. Project designs and budgets that fail to account for the access needs of individuals with disabilities, with limited English proficiency, or who are Deaf or hard of hearing;

6. The use of pre-trial diversion programs without prior OVW review and approval of the program or the automatic placement of offenders in such programs;

7. Relying on battering intervention programs that do not use court monitoring to hold batterers accountable for their behavior;

8. Offering or ordering anger management programs for offenders as a substitute for batterer’s intervention programs;

9. Policies or practices that discourage accepting cases when victims do not have physical evidence;

10. Establishment or enhancement of a multidisciplinary collaborative community response without developing appropriate policies regarding confidentiality and information sharing for the members;

11. Promoting nuisance abatement ordinances, crime-free housing ordinances, or crime-free lease addenda (often associated with crime-free housing programs) that require or encourage the eviction of tenants or residents who may be victims of domestic violence, sexual assault, dating violence or stalking;7

12. Policies or procedures that require testing of sexual assault forensic evidence in cases where the victim obtained a medical forensic exam but has not chosen to participate in the criminal justice system; and

6 If an award is made, the recipient will also be subject to statutory prohibitions on discrimination. For further information on these civil rights requirements, see the section "Violence Against Women Act Non-Discrimination Provision” under “F. Federal Award Administration Information.”

7 See the U.S. Department of Housing and Urban Development for guidance on how such ordinances and addenda may violate the Fair Housing Act, available at:

https://www.hud.gov/sites/documents/FINALNUISANCEORDGDNCE.PDF

13. Couples counseling, family counseling or any other manner of joint victim-offender counseling as a routine or required response to sexual assault, domestic violence, dating violence, or stalking, or in situations in which child sexual abuse is alleged.

This list is not exhaustive. Applications that propose any activities that compromise victim safety and recovery or undermine offender accountability may receive a deduction in points during the review process or may be eliminated from consideration entirely.

Out-of-Scope Activities OVW has determined the activities listed below to be out of the program scope, and they will not be supported by the Improving Criminal Justice Responses Program funding.

1. Research projects (This does not include program assessments conducted only for internal improvement purposes. See “Research and Protection of Human Subjects” in the (Solicitation Companion Guide).

2. Direct legal representation. Grant funds may not be used to provide legal representation in civil or criminal matters, such as family law cases, divorce, custody, visitation and child support, housing cases, consumer law cases, etc. However, grant funds may be used to provide legal representation to victims of sexual assault, domestic violence, dating violence, and stalking in the limited context of protection order proceedings.

3. Prevention activities. Grant funds may not be used for prevention activities, e.g., outreach to elementary and secondary schools, implementation of educational programs regarding domestic and dating violence intervention, and public/community awareness campaigns.

Grantees are only permitted to engage in outreach activities to inform potential victims about the availability of services.

4. Family violence services. Grant funds may not be used to address child abuse, other family violence issues such as violence perpetrated by a child against a parent or violence perpetrated by a sibling against another sibling.

5. Services for children. Grant funds may not be used to provide direct services to children, including children who are witnesses or victims of violence, except where such services are an ancillary part of providing services to the child’s parent who is a victim of sexual assault, domestic violence, dating violence, or stalking (such as providing child care services while the victim receives services). In addition, funds may not be used to investigate or prosecute child abuse or child sexual abuse cases.

6. Sex offender registry. Grant funds may not be used to create sex offender registries.

Applications that propose activities that are deemed to be substantially out-of-scope may receive a deduction in points during the review process or may be eliminated from consideration entirely.

Unallowable Activities OVW has determined the activities listed below to be unallowable, and they will not be supported by Improving Criminal Justice Responses Program funding.

1. Lobbying, except with explicit statutory authorization;

2. Fundraising;

3. Purchase of real property;

4. Physical modifications to buildings, including minor renovations (such as painting or carpeting);

5. Construction; and

6. Uniforms, weapons, automobiles, and security systems that require permanent https://www.justice.gov/ovw/page/file/1007726/download#Solicitation installation.

Applicants that propose unallowable activities may receive a deduction in points during the review process or may be eliminated from consideration entirely.

An application that is deemed deficient in more than one of the aforementioned categories (activities that compromise victim safety, out-of-scope activities, unallowable activities) may not be considered for funding.

B. Federal Award Information Availability of Funds All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. There is no guarantee that funds will be available in the future. Therefore, OVW encourages applicants to develop a plan to sustain project activities if federal funding through this program ceases to be available. Also, OVW may elect to make awards in a future fiscal year for applications submitted under this solicitation but not selected for FY 2018 funding, depending on the merits of the applications and on the availability of funding.

Award Period The grant award period is 36 months. Budgets must reflect 36 months of project activity, and the total “estimated funding” on the SF-424 must reflect 36 months. Generally, the award period will start on October 1, 2018.

Award Amounts Applicants should not exceed the award amounts listed in this solicitation and should carefully consider the resources needed to successfully implement the proposed project.

Funding levels under the Improving Criminal Justice Responses Program for FY 2018 are as follows:

Service Area Population Budget Cap Up to 500,000 $450,000 500,001 to 900,000 $750,000 Over 900,000 $900,000

OVW has the discretion to award grants for greater or lesser amounts than requested and to negotiate the scope of work and budget with applicants prior to awarding a grant.

The Improving Criminal Justice Responses Program typically makes awards in the range of $450,000 to $900,000 with an average award of $550,000. OVW estimates that it will make up to 58 awards for an estimated $30,000,000.

Awards will be made as grants.

Types of Applicants In FY 2018, OVW will accept applications for the Improving Criminal Justice Responses Program from the following:

New: applicants that have never received funding under the Improving Criminal Justice Responses Program or whose previous funding expired more than 12 months ago.

Continuation: applicants that have an existing or recently closed (within the last 12 months) award. Continuation funding is not guaranteed. The reauthorization of the Violence Against Women Act in 2013 included a change in the definition of “unit of local government.” As a result, some previous recipients of Improving Criminal Justice Responses Program awards may not be eligible to apply for continuation funding as the lead applicant. Entities that are no longer eligible due to the change in definition of “unit of local government,” such as a parish sheriff’s office, can apply through their unit of local government.8

Grant recipients that received new or supplemental/continuation funding under the Improving Criminal Justice Responses Program funding for 36 months in FY 2016 or 2017 are NOT eligible to apply.

Additionally, continuation applicants with a substantial amount (50% or more) of funds remaining at the time of application submission without adequate justification may not be considered for funding in FY 2018. OVW may elect to not fund new applicants whose projects propose to expand or enhance services in an area where Improving Criminal Justice Responses grant funds currently support activities or to extend activities at a currently funded site.

C. Eligibility Information Eligible Applicants It is very important that applicants review this information carefully. Applications that are submitted by ineligible entities or that do not meet all program eligibility requirements will not be considered for funding.

Eligible entities for this program are:

• States;

• Indian tribal governments;

• State, local, tribal, and territorial courts (including juvenile courts);

• Units of local government; and

• Victim service providers (including state, tribal, or territorial domestic violence or sexual assault coalitions and government rape crisis centers (in a state other than a territory)).

Non-eligible entities generally include, but are not limited to:

1. Police departments;

2. Pre-trial service agencies;

3. District or city attorneys’ offices;

4. Sheriffs’ departments;

5. Probation and parole departments; and

6. Universities.

The above non-eligible entities are not units of local government for the purposes of the Improving Criminal Justice Responses Program unless they meet the definition of “unit of local government”

8 For additional information regarding this limitation, please see definition of ‘unit of local government’ under eligibility information below.

set forth in 34 U.S.C. § 12291(a)(40). Applications from typically “non-eligible” entities that want to assert “unit of local government” status under 34 U.S.C. § 12291(a)(40) must include in their application proof of such status. If these agencies or organizations do not meet the definition of “unit of local government,” they are not eligible to apply directly for funding, but may assume a partner role and responsibility for the development and implementation of the project. They must apply through a state; a state, local, territorial or tribal court; an Indian tribal government; or a unit of local government. For example, the “Orange Police Department” has an interest in applying to the Improving Criminal Justice Responses Program Solicitation. The “Orange Police Department” is located in the “County of Green.” The police department would have to apply through their unit of local government which would be the “County of Green.” The police department would use the name of the county as the “applicant” and the county DUNS Number, NOT the DUNS Number for the police department. Applicants for Federal grants and cooperative agreements are required to have a Data Universal Number System (DUNS) Number to submit an application (a DUNS Number is a unique nine-character identification number provided by the commercial company Dun & Bradstreet (D&B)). If applicants have questions about whether they meet the definition of “unit of local government” they may contact the Improving Criminal Justice Responses unit at: OVW.ICJR@usdoj.gov.

For the purpose of this grant program, eligible entities are defined as follows:

State A state is any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, U.S. Virgin Islands, American Samoa, Guam and the Northern Mariana Islands.

Unit of Local Government A unit of local government is any city, county, township, town, borough, parish, village, or other general-purpose political subdivision of a state. Sheriff’s departments, police departments, district or city attorney’s offices are not units of local governments for the purposes of the Improving Criminal Justice Responses Program.

Indian Tribal Government Indian tribal government is defined as (A) the governing body of an Indian tribe; or (B) a tribe, band, pueblo, nation, or other organized group or community of Indians, including any Alaska Native Village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. § 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

State, Local, Tribal, and Territorial Court (including juvenile courts) Courts are defined as any civil or criminal, tribal, and Alaska Native Village, federal, state, local or territorial court having jurisdiction to address sexual assault, domestic violence, dating violence, or stalking, including immigration, family, juvenile, and dependency courts and the judicial officers serving in those courts including judges, magistrate judges, commissioners, justices of the peace, or any other person with decision making authority.

Victim Service Provider A victim service provider means a nonprofit, nongovernmental or tribal organization or rape crisis center, including a state or tribal coalition, that assists or advocates for sexual assault, domestic violence, dating violence, or stalking victims, including domestic violence shelters, faith-based organizations, and other organizations, with a documented history of effective work concerning sexual assault, domestic violence, dating violence, or stalking.

mailto:OVW.ICJR@usdoj.gov

State Domestic Violence Coalition The term “state domestic violence coalition” means a program determined by the Administration for Children and Families under 42 U.S.C. §§ 10402 and 10411. (See OVW’s website for a current list of eligible state domestic violence coalitions, http://www.justice.gov/ovw/local-resources.

State Sexual Assault Coalition The term “state sexual assault coalition” means a program determined by the Center for Injury Prevention and Control of the Centers for Disease Control and Prevention under the Public Health Service Act (42 U.S.C. § 280b et seq.) (See OVW’s website for a current list of eligible state sexual assault coalitions, http://www.justice.gov/ovw/local-resources.)

Tribal Coalition The term “tribal coalition” means an established nonprofit, nongovernmental Indian organization, or Alaska Native organization that (A) provides education, support, and technical assistance to member Indian service providers in a manner that enables those member providers to establish and maintain culturally appropriate services, including shelter and rape crisis services, designed to assist Indian women and the dependents of those women who are victims of sexual assault, domestic violence, dating violence, and stalking; and (B) is comprised of board and general members that are representative of (i) the member service providers described in subparagraph (A); and (ii) the tribal communities in which the services are being provided.

Rape Crisis Center The term “rape crisis center” means a nonprofit, nongovernmental, or tribal organization, or governmental entity in a State other than a Territory that provides intervention and related assistance, as specified in section 12511(b)(2)(C) [of title 34, United States Code], to victims of sexual assault without regard to their age. In the case of a governmental entity, the entity may not be part of the criminal justice system (such as a law enforcement agency) and must be able to offer a comparable level of confidentiality as a nonprofit entity that provides similar victim services.

Note: By statute, the eligibility of governmental rape crisis centers is limited to those within the 50 states and District of Columbia, as well as tribal governments. As a result, governmental rape crisis centers from the U.S. Territories will need to apply through a non-profit victim service provider or territorial, state or tribal coalition, a unit of local government, or their territorial government.

Nonprofit Organization Requirement – 501(c)(3) Status Any entity that is eligible for the Improving Criminal Justice Responses Program based on its status as a nonprofit organization must be an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of that Code. See 34 U.S.C. § 12291(b)(16)(B).

Nonprofit Organization Requirement – Offshore Accounts Any nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying…