Violent Offender Incarceration and Truth in Sentencing Incentive Grants

To provide funds to individual States and States organized as regional compacts to build or expand 1) correctional facilities to increase the bed capacity for the confinement of Part 1 violent offenders; 2) temporary or permanent correctional facilities including facilities on military bases, prison
barges and boot camps for the confinement of nonviolent offenders for the purpose of freeing prison space for violent offenders; 3) jails.

Agency - Department of Justice

The Department of Justice enforces the law and defends the interest of the United States, ensuring public safety against threats foreign and domestic; providing Federal leadership in preventing and controlling crime; seeking just punishment for those guilty of unlawful pursuits; and ensuring fair and impartial administration of justice for all Americans.

Program Accomplishments


Uses and Use Restrictions

Grant funds may be used to build or expand permanent or temporary correctional facilities to increase bed space for the confinement of adult and juvenile violent offenders.

Up to 15 percent of a State's formula grant may be awarded to counties and other units of local government to construct, develop, expand, modify or improve jails and other correctional facilities.

Under exigent circumstances, funds may be used to increase capacity for the confinement of nonviolent juvenile offenders.

Beginning with fiscal year 1999 grant funds, ten percent of the award may be used to implement drug testing policies that meet the Attorney General's Guidelines.

Eligibility Requirements

Applicant Eligibility

States and States organized in multi-State compacts are eligible to apply.

State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.

All awards are made to the State Office.

Local units of government must apply directly to the States for grant funds.

Beneficiary Eligibility

State and local correctional agencies.


The applicant must submit a completed Application for Federal Assistance (standard form 424), including signed assurances that it will comply with statutory and administrative requirements. Applicants must also demonstrate compliance with statutory requirements for the three Tiers of the Violent Offender Incarceration Program and those for Truth In Sentencing to qualify for funding from each allocation. States must also demonstrate an ability to operate facilities built with these funds, recognize the rights of crime victims, and have implemented a program of drug testing and intervention for offenders under corrections supervision.

Aplication and Award Process

Preapplication Coordination

This program is eligible for coverage under Executive Order 12372, "Intergovernmental Review of Federal Programs." Applicants should consult the office or official designated as the single point of contact in their State to find out if the State has selected this program for review and for information on the process the State requires when applying for Federal assistance.

Application Procedures

Applicants must submit a completed Standard Form 424 and other information outlined in the Application Kit to the Office of Justice Programs, Bureau of Justice Assistance. The receipt, review, and analysis of applications will follow Office of Justice Programs policies and procedures for the administration of grant applications. All applications must be submitted electronically through the Office of Justice Programs, Grant Management System at

Award Procedures

A letter with copies of the grant award are sent to the applicant agency upon approval by the Office of Justice Programs. One copy of the grant award must be signed by the authorized official and returned to the Office of Justice Programs.


See the program solicitation or contact the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance. Telephone: (1-866) 859-2687 or E-mail:


Violent Crime Control and Law Enforcement Act of 1994, Title II, Subtitle A, as amended, Public Law 103-322; 42 U.S.C. 13701 et seq.

Range of Approval/Disapproval Time

Applications for Violent Offender Incarceration Tier 1 funds will be approved or denied within 30 days of receipt of a complete application. Applications for Violent Offender Incarceration Tiers 2 and 3 and Truth In Sentencing will generally be approved or denied within 90 days of receipt of a complete application.


Formula grant applicants will be notified in writing of reasons for disapproval of their application and will be given an opportunity for reconsideration.


Subject to appropriations.

Assistance Considerations

Formula and Matching Requirements

The Federal share of a grant funded project may not exceed 90 percent of the total costs of the project. The 10 percent matching funds must be in the form of a cash match.

Length and Time Phasing of Assistance

Funds for each fiscal year will be awarded for a period that includes the fiscal year of the appropriation plus four additional years.

Post Assistance Requirements


Recipients are required to submit Individual Project Reports as subawards are made, quarterly Financial Reports, and a semiannual progress report.


All organizations that expend financial assistance of $500,000 or more in any fiscal year must have a single audit for that year in accordance with OMB Circular No. A-133, as amended, unless the audit condition on the award says otherwise. These audits are due to the cognizant Federal agency not later than 9 months after the end of the grantee's fiscal year. Performance Measures: To assist in fulfilling the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measures the results of their work.


In accordance with the requirement set forth in 28 CFR, Parts 66 and 70, grantees must maintain all financial records, supporting documents, statistical records, and all other records pertinent to the award for at least 3 years following the close of the most recent audit.

Financial Information

Account Identification



FY 07 $0; FY 08 $0; and FY 09 est not available.

Range and Average of Financial Assistance

Please visit web site for current information at

Regulations, Guidelines, and Literature

Program Guidance and Application Kit, Answers to Frequently Asked Questions, and the OJP Financial Guide.

Information Contacts

Regional or Local Office


Headquarters Office

Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice, 810 Seventh Street, NW., Washington, DC 20531. Contact: James Burch: Telephone: (202) 616-6500 or 1-866-859-2687 or by email at

Criteria for Selecting Proposals

Criteria for selecting proposals under the formula grant awards within the authorized purpose areas will be defined by States.

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