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HomeMy WebLinkAboutResolutions - 2014.04.17 - 21273MISCELLANEOUS RESOLUTION #14077 April 17, 2014 BY: Public Services Committee, Bill Dwyer, Vice-Chairperson IN RE: SHERIFF'S OFFICE — GRANT YEAR 2013 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) REIMBURSEMENT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the United States Department of Justice, Bureau of Justice Assistance awarded Oakland County Grant Year 2013 expenditure reimbursement funding in the amount of $26,233 for its State Criminal Alien Assistance Program (SCAAP); and WHEREAS the reimbursement period covers July 1, 2011 through June 30, 2012; and WHEREAS the funding is reimbursement of Corrections Officers salaries (based on a prescribed formula) for those officers directly involved in the care and maintenance of alien inmates housed in the Oakland County Jail; and WHEREAS Oakland County has met the federal requirements necessary to accept the award; and WHEREAS no County match is required; and WHEREAS the acceptance of this grant does not obligate the County to any future commitment; and WHEREAS continuation of this program is contingent upon future levels of reimbursement program funding. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the Grant Year 2013 State Criminal Alien Assistance Program (SCAAP) Reimbursement award in the amount of $26,233 and that the Board Chairperson, on behalf of the County of Oakland, is authorized to execute said agreement as attached. Chairperson, on behalf of the Public Services Committee, I move adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote. GRANT REVIEW SIGN OFF — Sheriff's Office GRANT NAME: 2013 State Criminal Alien Assistance Program (SCAAP) FUNDING AGENCY: U.S. Department of Justice DEPARTMENT CONTACT PERSON: Tammy Feole 248 858-1584 STATUS: Grant Acceptance DATE: February 26, 2014 Pursuant to Misc. Resolution #13180, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grant materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (2/24/2014) Department of Human Resources: Approved. — Karen Tones (2/25/2014) Risk Management and Safety: Approved by Risk Management. — Robert Erlenbeck (2/25/2014) Corporation Counsel: Approved. —Nicole B. Tabin (2/26/2014) COMPLIANCE The grant application references a number of specific federal and/or state regulations. Below is a list of these specifically cited compliance related documents for this grant. Federal Office of Management and Budget (OMB) Circular No. A-21, A-87, A-102, A-110, A-122 and A-133 http://www.whitehouse.gov/omb/ciroulars/index.html Executive Order 12372 - Intergovernmental review of Federal programs http://www. fws. goy/policy/1 ibrarvirgeo12372.pdf US Do.! Uniform Administrative Requirements for Grants and Cooperative Agreements (28 CFR Part 66 and 28 CFR Part 70) http://www.access. we .ov/n arakft/waisi dx 04/28cfrv2_04,html Office of Justice Programs Hearing and Appeal Procedures (28 CFR Part 18) http://www.access.goo.gov/nara/cfr/waisicix 01/28cfrl 8 01.html Confidentiality of Identifiable Research and Statistical Information (28 CFR Part 22) http://www.access.gpo.gov/nara/cfr/waisidx 04/28cfr22_04.html Criminal Intelligence Systems Operating Policies (28 CFR Part 23) httl)://www.access. pc .gov/nara/ofr/waisidx 01 /28cfr23 01.html Intergovernmental Review of Department of Justice Programs and Activities (28 CFR Part 30) http://www.access.gpo.gov/nara/cfr/waisidx 01/28cfr30 01.html Nondiscrimination of the basis of Disability in State and Local Government Services (28 CFR Part 35) http://www.access.gpo .gov/nara/cfr/waisidx 0 /28cfr35 01.html Equal Treatment for Faith Based Organizations (28 CFR Part 38) http://www.usdoj . go v/ovw/docs/asgmemoreimplementationof28cfrpart38.pdf Nondiscrimination; Equal Employment Opportunity; Policies and Procedures (28 CFR Part 42) http://www.access.apo.gov/nara/cfr/waisidx 01/28 cfr42 01.htral Procedures for Implementing the National Environmental Policy Act (28 CFR Part 61) http://www.access.gpo gov/naraJc±i/wasidx 01/28cfr61 01 ,html Floodplain Management and Wetland Protection Procedures (28 CFR Part 63) http://wvvw.accesupo .a.ov/nara/cfr/waisidx 0 1/28 cfr63 01.11tml Title 2 — Grants and Agreements — Award Term (2 CFR Part 175.15) http ://edocket.access. gnu. uov/cfr 2008/j andtri_pdf/2cfr175.15 pdf National Historic Preservation Act of 1966 (16 U.S.C. 470) http://www.nps.gov/history/local-law/nhpal 966.htm Executive Order 11593 Protection and enhancement of the cultural environment http ://www.zsa. wv/Po rtal/F:sa/ep/contentView .do ?contentrype=0 SA BASIC&contentld=12094 Archeological and Historic Preservation Act (16 U.S.C. 469) http://www.nps.gov/history/local-law/FHPL ArchHistPres.pdf The National Environmental Policy Act of 1969 (42 U.S.C. 4321) http://www.nepa.gov/nelaa/regs/nepa/nepaegia.htm Omnibus Crime Control and Safe Streets Act of 1968 hit) ://www.usdoj .gov/crt/split/42usc3789d.htm Victims of Crime Act (42 USC Section 10604) http://www.usdoj .gov/crt/cor/byagencvfdoi 10604 .htm Juvenile Justice and Delinquency Prevention Act http://ojj_dp.ncjrs.org/about/U dpa2002titlev.pdf Title VI of the Civil Rights Act of 1964 (42 U.S.0 Section 2000d) htto://www.usdoi .gov/crt/cor/coord/titlevistat.htm The Rehabilitation Act of 1973 httD://www.dol.govicompliance/laws/comp-rehab.htm The Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12131-34) http ://frwcbate4 access . goo. Rov/c,qi-bin/wai sgatc.cai ?WAI S do cID.--42030427315+0+0+0 &WA1S action ,--retri eve The Education Amendments of 1972 (20 U.S.C., Sec 1681, 1683, 1685-86) httn://www.usdoj.gov/crt/cor/coord/thleixstat.htrn Age Discrimination Act of 1975 (42 U.S.C. Sections 6101-6107) http://www.dol.gov/oasam/regs/statutes/ufze act. htm Executive Order 13279 - Equal Protection of the Laws for Faith-based and Community Organizations httlo://www.wli iteho use. gov/n ews/releases/2002/12/20021212-6.html Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Sec 4601) http://ecfi...poaccess.gov/ogi/t/text/text- idx3cF.--ecir&sid=764d9d5cb80f106e9ac_aaa07f70c136f7&ran=div5ckvietext&mode=18:2.0.4.3.784icino=18 Federal Hatch Act - Political Activity of Certain State and Local Employees http://www.osc.gov/hatchact.htm Restrictions on Lobbying (28 CFR part 69) hap ://www. access. gpo.gov/nara/cfilwaisidx 04/28cfr69 04.html Nonprocurement Debarment and Suspension (2 CFR, Part 2867) Ilttp ://www. access.po.c..,ov/riara/cfr/waisidx 08/2cfr2867 08.11tml Government-Wide Requirements for Drug-Free Workplace (Grants) (28 CFR Part 83) http :f/www.access. gpo.gov/n ara/cfr/wai si dx 04/28cfr83 04.html Executive Order 12549 — Debarment and Suspension http://www. archi vos.gov/federal -register/cod iti cation/executive-ord er/12549.html Drug-Free Workplace Act of 1988 http://frwebgate.access ,apo.gov/cRi-bin/actdoc.cgi?dbnarnebrowse usc&do cid---Citc:+41USC70 I Department of Justice Reauthorization Act of 2005 (Public Law 109-162), Title XI http://frwebgate.access.epo.gov/cg,i-bin/Retdoc.cgi?dbnamo=109 con _public laws&docid=f:pub1162.109.pdf From: To: Cc: Subject: Date: VanPelt. Laurle "West, Catherine"; "Julie Secontine"; "Karen Jones"; "Pat Davis" "Cunningham. Dale"; "Tammy"; "Seaman. Lori"; "Malone Prentiss' RE: GRANT REVIEW: Sheriffs Office -2013 State Criminal Alien Assistance Program (SCAAP) - Grant Acceptance Monday, February 24, 2014 3:47:20 PM Approved, From: West, Catherine [mailto:westca©oakgov.com ] Sent: Monday, February 24, 2014 3:38 PM To: Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis Cc: Cunningham, Dale; 'Tammy'; 'Seaman, Lott; Malone, Prentiss Subject: GRANT REVIEW: Sheriffs Office - 2013 State Criminal Alien Assistance Program (SCMP) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS— Laurie Van Pelt— Karen Jones —Julie Secontine— Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE — Sheriff's Office 2013 State Criminal Alien Assistance Program (SCAAP) U.S. Department of Justice Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to ail) of this email. Time Frame for Returned Comments: March 3, 2014 GRANT INFORMATION Date: February 24, 2014 Operating Department: Sheriff's Office Department Contact: Tammy Feole Contact Phone: (248) 858-1584 Document Identification Number: REVIEW STATUS: Acceptance — Resolution Required Funding Period: July 1, 2011 through June 30, 2012 New Facility/Additional Office Space Needs: None IT Resources (New Computer Hardware / Software Needs or Purchases): None M/WBE Requirements: Yes, Compliance with OMB Circular A402 Funding Continuation/New: Continuation From: To Cc: Subject: Date: Erienbeck, Robert "West, Catherine"; Jylle Secontine"; "Karen Jones"; "Laurie VanPelt"; "Pat Davis" "Cunninoham, Dale"; "Tammy"; "Seaman, Lori"; "Malone, Prentiss" RE: GRANT REVIEW .. Sheriff's Office - 2013 State Criminal Allen Assistance Program (SCAAP) - Grant Acceptance Tuesday, February 25, 2014 7:23:04 AM Approved by Risk Management. R.E. 2/25/14, — From Sandy Johnson [rnalito:JohnsonS©oakgov.com] Sent: Monday, February 24, 2014 3:54 PM To: 'West, Catherine'', 'Julie Secontinel; 'Karen Jones'; 'Laurie VanPelt; 'Pat Davis' Cc: 'Cunningham, Dale'; 1Tammy'; 'Seaman, Lori'; 'Malone, Prentiss' Subject: RE: GRANT REVIEW: Sheriffs Office - 2013 State Criminal Alien Assistance Program (SCAAP) - Grant Acceptance Please be advised that your request for Risk Management's assistance has been assigned to Bob Erienbeck (ext. 8-1694). If you have not done so already, please forward all related and future information, documentation, and correspondence to Terri Easterling and Sandy Johnson. Also, please include Risk Management's assignment number RM14-0055 regarding this matter. Thank you. — From: West, Catherine [mailto:weatcaPoakgov.com] Sent: Monday, February 24, 2014 3:38 PM MI Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis Cc: Cunningham, Dale; Tammy'; 'Seaman, Lori'; Malone, Prentiss Subject: GRANT REVIEW; Sheriffs Office - 2013 State Criminal Alien Assistance Program (SCAAP) - Grant Acceptance GRANT REVIEW FORM TO: REVIEW DEPARTMENTS — Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE—Sheriffs Office 2013 State Criminal Alien Assistance Program (SCAAP) U.S. Department of Justice Attached to this email please find the grant document(s) to be reviewed. Please provide your review stating your APPROVAL, APPROVAL WITH MODIFICATION, or DISAPPROVAL, with supporting comments, via reply (to all) of this email. Time Frame for Returned Comments: March 3, 2014 From: To: Cc: Subject: Date: Tabin, Nicole Bernadette "West Catherine"; "Jule Secontine"; 'Karen Jones"; "Laurie VanPpr "Cunninaharn, Dale; "Tammy"; "Seaman. Lori; "Malone. Prentiss" RE: GRANT REVIEW: Sheriff's Office - 2013 State Criminal Alien Assistance Program (SCAAP) - Grant Acceptance Wednesday, February 26, 2014 432:25 PM Approved. OAKLAND-7 Nicole B. Tabin Assistant Corporation Counsel Department of Corporation Counsel 1200 N. Telegraph Road, Bldg. 14 East Courthouse West Wing Extension, 3rd Floor Pontiac, MI 48341 Phone Number: (248) 858-1475 Fax Number: (248) 858-1003 E-mail: tabinn@oakgov.com PRIVILEGED AND CONFIDENTIAL ATTORNEY CLIENT COMMUNICATION This e-mail is intended only for those persons to whom it is specifically addressed. It is confidential and is protected by the attorney-client privilege and work product doctrine. This privilege belongs to the County of Oakland, and individual addressees are not authorized to waive or modify this privilege in any way. Individuals are advised that any dissemination, reproduction or unauthorized review of this information by persons other than those listed above may constitute a waiver of this privilege and is therefore prohibited. If you have received this message in error, please notify the sender immediately. If you have any questions, please contact the Department of Corporation Counsel at (248) 858-0550, Thank you for your cooperation. — ----- From: West, Catherine [mailto:westca@oakgov.corn] Sent: Monday, February 24, 2014 3:37 PM To: Julie Secontine; Karen Jones; Laurie VanPelt; Pat Davis Cc: Cunningham, Dale; 'Tammy'; 'Seaman, Lori'; Malone, Prentiss Subject: GRANT REVIEW: Sheriffs Office - 2013 State Criminal Alien Assistance Program (SCAAP) - Grant Acceptance GRANT REVIEW FORIVI TO: REVIEW DEPARTMENTS Laurie Van Pelt — Karen Jones —Julie Secontine — Pat Davis RE: GRANT CONTRACT REVIEW RESPONSE Sheriff's Office 2013 State Criminal Alien Assistance Program (SCAAP) U.S. Department of Justice SCAAP Grant Awards Year Received Award Amount Reportinl Period 7/1/11 -6/30/12 2013 $26,233 2012 $36,485.00 7/1/10 - 6/30/11 2011 $55,258.00 7/1/09 - 6/30/10 2010 $66,187.00 7/1/08 - 6/30/09 2009 $72,448.00 7/1/07 - 6/30/08 2008 $70,412.00 7/1/06 - 6/30/07 2007 $118,570.00 7/1/05 - 6/30/06 2006 $86,050.00 7/1/04 - 6/30/05 BUREAU OF JUSTICE ASSISTANCE STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) UPDATED REQUIREMENTS For Fiscal Year 203 Payments for "Unknown" Alien Status Inmate Days Many states and localities have incurred costs for detaining individuals whom they believe to be undocumented criminal aliens. Since 1996, 13.1A has provided variable reimbursement amounts for these inmates, whose statuses are "known," as well as "unknown" because the Department of Homeland Security (DHS) was not able to verify the criminal aliens statuses. This practice is 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. BJA will continue to provide reimbursement for inmates whose statuses are unknown. Accordingly, detention costs of undocumented criminal aliens, whose statuses are determined by DHS as either known or unknown, will be counted towards the SCAAP awards in FY 2013. FBI Number Requirement Starting in the FY 2014 SCAAP application, it is highly likely that the FBI number field for each inmate record will be mandatory. This number is issued by the FBI to track arrests and fingerprint records. For FY 2013, the field will remain optional, however jurisdictions are encouraged to enter the FBI number for each inmate record since it could allow a greater match rate with DHS records. PART SCAAP Guideline% SCAAP Overview The Bureau of Justice Assistance (BJA), Office of Justice Programs, U.S. Department of Justice, administers SCAAP, in conjunction with the U.S. Department of Homeland Security (DHS). SCAAP provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens who have at least one felony or two misdemeanor convictions for violations of state or local law, and who are incarcerated for at least 4 consecutive days during the reporting period. SCAAP Legislative Authority 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, Pub. L. 103- 322. In general terms, if a chief executive officer of a state or a political subdivision exercises authority over the incarceration of undocumented criminal aliens and submits a written request to the U.S. Attorney General, the Attorney General may provide compensation to that jurisdiction for those incarceration costs. SCMP is subject to additional terms and conditions of yearly congressional appropriations. Eligible Applicants States and local units of government that have authority over correctional facilities that incarcerate or detain undocumented criminal aliens for a minimum of 4 consecutive days are eligible to apply for SCAAP funds. States and local units of general government include the 50 state governments, the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, and the more than 3,000 counties and cities with correctional facilities. Regional jails, special jail districts, or regional jail authorities and boards do not qualify as political subdivisions of a state for purposes of SCAAP, and therefore are not eligible to directly apply for SCAAP funds. Each unit of FY 2013 SCAAP Guidelines and Application Page 1 government that houses inmates at a regional facility must apply independently for SCAAP funds, based on its own costs of housing Its undocumented aliens in the regional facility. Regional facilities may not submit SCAAP applications on behalf of jurisdictions in its service area, nor may a regional facility submit one application for all participating jurisdictions, using one jurisdiction's name as the recipient. Authorized Officials 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. 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. Jurisdictions receiving SCAAP awards will be asked to report the projected use of these funds at the time the award is accepted. Minimum Period of Incarceration Only eligible persons who were incarcerated for 4 or more consecutive days between July 1, 2011 and June 30, 2012 may be included in the FY 2013 SCAAP application. Multi-Jurisdictional Issues Eligible inmates housed in the applicant's facility exclusively on behalf of another jurisdiction may only be reported by the sending jurisdiction, regardless of whether the applicant received reimbursement for related incarceration costs. Unless otherwise covered by a cost reimbursement agreement, inmates who are ready for release once qualifying charges or convictions are concluded, and who are temporarily held in the applicant facility on the basis of outstanding warrants or detainers from other jurisdictions, including federal law enforcement agencies, are SCAAP eligible. The applicant jurisdiction may claim the total number of days the inmate was in custody, including the days the inmate was held on the detainers or outstanding warrants. Detention or incarceration days attributable to otherwise qualifying inmates held on federal charges, convictions, or detainers and covered by cost reimbursement agreements are not SCAAP eligible. Juveniles adjudicated delinquent, regardless of the charges or length of custody, are not SCAAP eligible. Only juvenile offenders who are convicted as adults and who meet the qualifying SCAAP criteria may be eligible. Eligible Inmates 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 4 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 as undocumented, using due diligence. The U.S. Department of Homeland Security will make the final determination on the status of submitted inmate records for undocumented alien purposes. Inmates may qualify for SCAAP purposes if they were: • Persons who entered the U.S. without inspection or at any time or place other than as designated by the Attorney General, • Persons in deportation or exclusion proceedings at the time they were taken into custody. FY 2013 SCAAP Guidelines and Application Page 2 • Non-immigrants who failed to maintain their non-immigrant status at the time they were taken into custody. • Certain Mariel Cubans who otherwise meet these requirements. Total All Inmate Days The "total all inmate days" is the cumulative number of incarceration or detention days attributable to all inmates housed in the jurisdiction's facilities during the reporting period. It includes all inmates, regardless of their status, citizenship, disposition, or length of stay, including inmates held at contract facilities. A jurisdiction can use the sum of all nightly, facility head counts for the 365 days in the reporting period. EXAMPLE TOTAL DAYS A jurisdiction detained or incarcerated 400 inmates during the current reporting cycle. Each inmate was held for exactly 7 days. 2,800 (400 inmates x 7 days) 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. All pre-trial and post conviction time served from July 1, 2011 through June 30, 2012 may be reported to BJA. EXAMPLES REPORTABLE DAYS An alien was convicted of a felony during the reporting period and spent 20 days in pretrial detention and 60 additional days from the conviction. All 80 days occurred during the reporting period. 80 An alien was convicted of a felony during the reporting period and spent 20 days in pretrial detention and 60 additional days from the conviction, The 20 pretrial detention days and 40 of the sentenced days occurred in the reporting period; the remaining 20 days were served after June 30, 2012. 60 An alien was convicted of a felony several years ago and is being held in pretrial detention on new charges. As this alien already qualifies based on the prior felony conviction, once he meets the minimum of 4 consecutive days in custody during the reporting period, the pretrial days may be reported to BJA, regardless of the outcome of the pending charges. As calculated An alien was convicted of a second misdemeanor and served 3 consecutive days as of June 30, 2012, and 20 additional days after June 30, 2012. This inmate cannot be reported for FY 2012, but will qualify for FY 2013, NOTE: The first 3 clays of the sentence are not reportable, regardless of what occurs with this inmate in the future. 0 Required Inmate Data Format The detailed inmate file reflects the jurisdiction's good faith and due difigence efforts to identify and list undocumented criminal aliens housed in its correctional facilities. Required inmate data elements include the A- Number, if known: last, middle, and first names; date of birth; unique inmate number assigned by the applicant jurisdiction; foreign country of birth; date taken into custody; date released from custody; and the Federal Bureau of Investigation (FBI) number, if known. For inmates with aliases or multiple periods of incarceration: Creating a separate and distinct inmate record for each qualifying period of incarceration may include eligible inmates incarcerated more than once during the FY 2013 SCAAP Guidelines and Application Page 3 reporting period, Similarly, inmates with known aliases may be reported by creating a separate and distinct inmate record for each name. The same unique inmate identification number must be used for all records associated with a single inmate, regardless of the name under which the inmate was incarcerated. Applications submitted without complete facility data and inmate records will not be considered for SCAAP funding. Country of Birth Codes Generally, a person born in the U.S. or a U.S. territory is a U.S. citizen and should not be reported. Any submitted inmate record that includes a country code not on the official ICE country codes list will be rejected. Any record with an official country code that does not specifically represent a foreign country (unknown) will only be considered in the award calculation if determined the inmate is undocumented or otherwise qualifies. If the country provided by the inmate is not on the official ICE country codes list, a country with close geographic proximity should be selected. Alternatives to Traditional Incarceration Inmates are not eligible if they served their incarceration incrementally, such as through weekend incarcerations that enabled them to maintain employment. Qualifying periods of incarceration must occur consecutively over the course of 4 or more days. Parole and Probation Violators Eligible inmates on parole or probation from qualifying convictions who are subsequently returned to the custody of a state or local correctional facility may be eligible. Correctional Officers Correctional officers Include employees, officers, and contractual staff whose primary responsibility is the control, custody, or supervision of persons detained and incarcerated, including correctional officers, deputy sheriffs, correctional/jail supervisors, shift commanders, chiefs of security, assistant wardens, and wardens, Transportation officers and others providing control, custody, or supervision of inmates who are temporarily outside the maintaining facility are also eligible. Employees, officers, and contractual staff whose primary responsibility is providing noncustody services to the facility or its inmate population are not SCAAP eligible, including office and secretarial support, .administrative, housekeeping, maintenance, food, health, education, training, vocational, counseling, and medical staff. Staff who function independently or outside the correctional facility, including parole end probation agents, hearing officers, court commissioners, judicial, prosecutorial, and public defenders, warrant and apprehension units, and others are not eligible. Correctional Officer Salary Calculation 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. The reported sum should total the jurisdiction's actual salary expenditures for the reporting period, not an estimate or average. Correctional officer salary costs may include premium pay for specialized service, shift differential pay, and fixed-pay increases for time in service. It may also include overtime required by negotiated contract, statute, or regulation such as union agreements, contractual obligations, and required post staffing minimums. Benefits should not be included in the provided salary costs. Per Diem Costs Per diem cost is calculated by the SCAAP system, dividing the jurisdiction's "total all inmate days" into the "total correctional officer salary costs," During the FY 2012 reporting period, jurisdictions reported an average per diem cost of $40.80. BJA may require documentation to validate per diem costs or impose limits on the costs. SCAAP Award Calculation Once SCAAP data has been validated and analyzed, applicants will receive e-mail notification that awards are ready for online acceptance and drawdown. Formal acceptance of an award via GMS is necessary for the electronic transfer of funds into the applicant's bank account of record. Applicants have 45 calendar days to accept awards through GMS once notice Is provided. SCAAP payments must go to the jurisdictions' general fund. FY 2013 SCAAP Guidelines and Application Page 4 Payment Formula The following provides an overview of the method used to calculate SCAAP payments 1. Using financial data from applicants, a per diem rate is calculated for each jurisdiction. For FY 2012 the average per diem rate was $40.80 per inmate. 2. Inmate data is provided to the U.S. Department of Homeland Security to validate inmate data for eligible and invalid records. 3. Each jurisdiction's total eligible inmate days are totaled then multiplied by the applicant's per diem rate to derive the total correctional officer salary costs for eligible inmate days. 4. The value of each applicant's correctional officer salary costs associated with its eligible inmate days are totaled. This total value reflects the maximum amount for SCAAP reimbursement. A percentage factor is used to reflect the relationship between the maximum reimbursable salary costs and the appropriation. For FY 2012, this factor was approximately 18 percent. Variances A variance will exist between the total salary costs reported by a jurisdiction and the final SCAAP payment amount, due to adjustments for ineligible or invalid inmate records and the annual appropriation. Both the SCAAP system and BJA check for variances from prior year submissions for correctional officer staffing and salary levels, total bed count, and number of total inmate days. PART II: Applying for FY 2013 .CLAP Funds FY 2013 Reporting Period The FY 2013 SCAAP reporting period is from July 1, 2011 through June 30, 2012. FY 2013 Registration and Application Deadlines Applications will be accepted through the online Grants Management System (GMS) beginning April 1, 2013, and ending at 6:00 p.m. e.d.t. on May 13, 2013. The deadline for submitting all completed SCAAP applications is May 13, 2013 at 6:00 p.m. (e.d,t.). 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 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. GMS Application Process The SCAAP Catalog of Federal Domestic Assistance (CFDA) number is 16.606. For questions or concerns at any point in the GMS process, call the SCARP Help Desk at 1-202-353-4411. 1. Access GMS at https://orants.oio.usdol.cov . 2. If you already have a GMS user ID, proceed to the GMS sign in. Even if your organization already has a user ID, you will not be considered registered for the solicitation until you have signed on to GMS and entered the appropriate solicitation. 3. if you do not have a GMS user ID, select "New User? Register Here." After you have completed all of the required information, click "Create Account" at the bottom of the page and to note your user ID and password, which are case sensitive. Within a few days, BJA will send an e-mail confirmation to newly registered applicants that their user ID and password have been approved and they are eligible to submit an application. FY 2013 SCAAP Guidelines and Application Page 5 4. Beginning October 1, 2003, a Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) number must be included in every application for a new award or renewal of an award. The DUNS number will be required whether an applicant is submitting an application on paper, through OJP's Grants Management System, or using the government-wide electronic portal (Grants.gov). An application will not be considered complete until the applicant provides a valid DUNS number, Organizations should verify that they have a DUNS number or take the steps necessary to obtain one as soon as possible. Applicants can receive a DUNS number at no cost by calling the dedicated toll-free DUNS number request line at 1-800-333-0505. 5. After you have logged onto the system using your user ID and password, click on 'Funding Opportunities.". Additionally, click on 'A-Z' for more search functions. 6. Select the "Bureau of Justice Assistance" from the drop-down list and click "Search." This will narrow the list of solicitations within the Office of Justice Programs to those in BJA. 7. From the list of BJA grants, find "State Criminal Alien Assistance Program' and click "Apply Online." 8. Confirm that your organization is eligible to apply for this program by reading the text on the screen. If eligible, proceed by clicking "Continue." 9. Once you have reached this point, you are considered successfully registered, Online Inmate Data Reporting Process Select the file upload process below that best meets your needs. While you may change the method prior to submitting the completed application to BJA, note that the change from one process to another will overwrite and delete all previous inmate record submissions. Direct File Upload: The direct file upload function allows you to submit inmate database records in a single ASCII-formatted file directly into GMS. File uploads must contain the mandatory data fields in the required format. File uploads that do not include the necessary information will be considered incomplete and not eligible SCAAP funding. The SCAAP system provides you with an opportunity to correct files or add missing data prior to finalizing the application. Direct Data Entry: The direct data entry function allows you to manually enter inmate data directly into an online inmate data template, instead of creating a separate ASCII file. This approach may be best suited for jurisdictions with smaller facilities or small criminal alien populations. Drop-down menus are provided for selecting incarceration dates, date of birth, and country of birth (complete country names are listed). During the file upload process, a red flashing bar will appear at the bottom of the applicant screen. This bar will continue to flash until the inmate file upload is complete. Upon completion of the inmate file upload, SCAAP GMS will provide the applicant with a "File Upload Status Report." This report will list the number of inmate records in the upload and the number of inmate records that are complete. In addition, the report will provide a detailed list of inmate records (by file number) that are incomplete or have data format errors and the nature of the error. Print this file upload status report for your records. If during the file upload process, your Internet browser times out or is disconnected, your inmate file upload may not be complete. It is important that you check the "File Upload Status Report" and verify that all of your inmate records have been uploaded. When initiating a file upload, there is an approximate 10 second start-up delay. Once the file upload has actually begun, the estimated times for file uploads: 300 inmate records = less than 1 minute; 7,800 inmate records = 3 minutes; 54,600 inmate records = 15 minutes. Technical System Requirements Internet access is required to apply for SCAAP funding. Generally, Netscape Communicator 4.7 and Internet Explorer 5.5 are the earliest versions of the respective Internet browsers that may be used for successful SCAAP application system access. Contact your agency network administrator to determine if an internal firewall or agency Internet security system may be preventing direct access to the application system, or contact the GMS Help Desk for information regarding correct port settings. If you are a prior SCAAP user, the browser bookmark may not work properly and an attempt to access the SCAAP application site may generate a message advising that the "page cannot be displayed." Delete the bookmark and manually type the URL into FY 2013 SCAAP Guidelines and Application Page 6 the browser address line. Internet User Accounts Government officials from the applying jurisdictions must establish the OP GMS user accounts for SCAAP. Non-government officials may not establish user accounts on behalf of applying jurisdictions. When establishing a user account, sheriffs or chiefs of police are not considered CEOs, but they may serve as the contact persons establishing the SCAAP user accounts on behalf of the CEOs. All applications must be filed in the name of the state or unit of government and must include the jurisdiction's CEO's name, official title, and e- mail address. Application Resubm issions BJA may return a submitted application with incomplete or inaccurate data to the applicant for corrections, and will notify both the CEO and the SCAAP contact, via the e-mail address of record, that their application needs to be corrected and resubmitted by a certain date to be considered for SCAAP funding. 7 limN—nlEounty of Chlsago l!MN [lCounty of Benton dMN Todd County Detention Center rem en...0.w. 1 $1,253.00 758.00 $2,390.00 FMA Founty of Plymouth MA 'dMiddlesex Sheriffs Office $147 006 0.0j $375,914.00 — _— , MA Suffolk County Sheriffs Department- -'------------1—'—'7"677''-n4 951 oc, `.6 . _ Aris—n.--,,,,-............--s.....,....;Ten- -- MA Massachusetts Department of Correction ll $2,766,201.00 MD IrGarrett County Commissioners if—Witr . ..-...1--rx..s.o.,-.e.Am,c,.....1.7, MD St, Marys Sunty Government . '''-'—"--_—$7ir6O) MD Charles County Government $751,00 r MD WICOMICO COUNTY DEPARTMENT OF CORRECTIONS $1,473,00 — -"'-'"--'-'"— MD .1County of Carroll $5,744.00 -----,...----....—i, MD 1County of Washlngton , IL $13413.00 ---__.„----7,— _ !MD ilFredenck County , $20,673.00 im5 liCounty of Howard L $68,46t.00 . [MD_ COUNTY OF ANNE ARUNDEL 1 $75,089,00 —____------------,* ----11 in____ prince Georges County Government $88,888.00 I 1D 7iBa1timore County, Maryland 77 $107,662.66 •-pn.......--.•:=,,cr. ace.:—..- 1MD !Montgomery County $828,861.00 L IMD -worn:677z F- :1 $1,419,976.00 IME --.1CPunty of Piscataquis il $297.00 ME iCounty of York - - -------li-----$2,-210.00 IME --1County of Lincoln II ..,..........rm.,....x.r fl $10,615.00 I M E rEmberland County--------.__ j"--1-----$--23 540.0-101 _ I ,,..,..rs FlIE ,R7;n7:1= ' I $147,643.00 -- MI , ------„,—......., IlSanilac County Sheriff Office 1 $624.00 ....,-..-IYT4--,......I,MX-- S... VV11 -1St, Joseph Co Sheriff ,._______J $1,15876. ----- ..."-1,41.7.-2,-P op. MI •County of CaiOrn 1,518,00 MI County of Monroe II $1,554.06 -C';77F;'r'Ifn13L-f-FEr iNli°'---7,Ingham 11 -T1--r-26 00 IM-1County of Wexford 1 $1,742.00 MI ilCounty o Midland $1,880.00 ,L 1 iMI iICOUNTY OF GRATIOT 1 $2 016.00 f Imi=7.fricTrityMewaygo II-- , $2 511,00 1...- li__ r 1MI liCounty of Cass c — $2,783.00 pr-----1County oTTOT--iia ------- — --- _ r,Fz----i-sr-u-,trorcdr—.r,---- I _ $2,943,00 11 $3,073.00 I -----ym-t ------ _ ....,...._.,_ ji $3,816,00 _ ....__ IMI County of Muskegon lk $4 387 00 ,,,,,a4r:,-............. !MI County OTLenawee N g00 1 ozijr ' County of Calhoun . -- i $5,144.00 IIMI .__.,irotInty of-Saginaw -1 $5,366.00 1----111- jCounty of Genesee _. _ 711 $6,004.00 riMI_ _ ICoun-ty o'f Kaamazoo --'71-----$7,159106- -o '-n i 11Olr-irity M Bi.--7err----------- _ ilrva 1Llvingston County 1--- $8,085.001 -...,1..........-la . 0- ..,,,,,a. VC:,,....V.:: El C........-1...----deas-,-.... .......,..1..---,........- MEC =....1.....C....t... -...e.,..-- 1 MI [lAllegan County II $9 892 00 unty or Berrien ---- ------ir.„.--_-_,....--=.-.....------ Ilmr - 1.5' ii $11,868.00 If— - -"r4.-,' IMI iik-ounty of Ottawa $20,394.00 1.- 1 - 1,11'"IT-7faubtY;:_of Oakland ji C$.26,233:00 IT.... _ _ IIMI 1County or Macomb r"---- rio-'770. ' iimx li.WAYNE COUNTY ; • —,..-----....---....—.....-__.---..._—_--..,_ MI County of Kent 11 $113,378.00 I i — — tr.i .. .....-,M .4,..1,[17.9 irli . IIState of Michigan ii $728,206,00 Ml County of Branch $3456,00 FINANCE CO)OvitTTEE 4 , FISCAL NOTE (MISC. #14077 April 17, 2014 BY: Finance Committee, Tom Middleton, Chairperson IN RE: SHERIFF'S OFFICE — GRANT YEAR 2013 STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) REIMBURSEMENT GRANT ACCEPTANCE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The United States Department of Justice, Bureau of Justice Assistance, awarded the Sheriff's Office $26,233 in reimbursement funding for its State Criminal Alien Assistance Program. 2. The reimbursement period is July 1, 2011 through June 30, 2012. 3. No County match is required. 4. The Grant Year 2013 funding represents a 26.07% decrease from Grant Year 2012 funding. 5. The receipt of the award will be posted in 2014. 6. No budget amendments are recommended. FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #14077 April 17, 2014 Moved by Crawford supported by Zack the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). Discussion followed. Vote on amended Consent Agenda: AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVE THIS RESOLUTION CHIEF DEPUTY Comm EXECUTIVE ACTING PURSUANT TO PACL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on April 17, 2014, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 17th day of April 2014. Lisa Brown, Oakland County