Opportunity Information: Apply for O BJA 2021 171190

The BJA FY 2021 State Criminal Alien Assistance Program (SCAAP) is a mandatory federal payment program run by the Department of Justice, Bureau of Justice Assistance (BJA), under the Office of Justice Programs (OJP). Its core purpose is to reimburse, at least in part, states and local governments for certain correctional costs they incur when they jail or incarcerate individuals who are both undocumented and have qualifying criminal convictions. The program sits within OJP's broader public safety goals, including advancing civil rights and racial equity, improving access to justice, supporting victims and justice-involved people, strengthening community safety, and building public trust, but SCAAP itself is primarily a statutory payment mechanism tied to incarceration data and cost reporting.

SCAAP payments for the FY 2021 cycle are tied to a specific 12-month reporting period. To be counted toward payment calculations, an individual generally must meet several conditions during that reporting window: the person must be an "undocumented criminal alien" as defined and verified through federal review; must have been convicted of at least one felony or two misdemeanors (most often under state or local law); and must have been incarcerated for at least four consecutive days under the legal authority of the applying government. In other words, the program is not paying for general immigration enforcement activity, short holds, or temporary custody that does not reach the four-day threshold. It is focused on incarceration where the applicant government had legal authority over the confinement and the individual meets the conviction and undocumented-status requirements.

A major program requirement is the submission of inmate-level information as part of the online application. Each applicant must provide specific data on individuals it incarcerated for at least four consecutive days and whom the jurisdiction either knows are undocumented criminal aliens or reasonably and in good faith believes are undocumented criminal aliens. OJP then transmits the submitted inmate data to the U.S. Department of Homeland Security (DHS) for a detailed review. DHS's review is a key step because it helps determine which submitted individuals qualify as "eligible inmates" for SCAAP payment purposes. This means the applicant's submission is not the final word; eligibility depends on both what the jurisdiction reports and what DHS confirms through its verification process.

In addition to identifying potentially eligible incarcerated individuals, applicants must also provide information related to their average incarceration costs during the reporting period. This cost information matters because SCAAP is intended to offset correctional expenses, and the payment methodology relies on a combination of (1) what the applicant reports in the application (both inmate data and cost-related inputs), (2) what DHS returns to OJP after reviewing and validating inmate eligibility, and (3) the total amount of appropriated funds available for that application cycle. As a result, even if a jurisdiction submits a large number of potentially eligible inmates, the actual payment amount can be influenced by how many are confirmed eligible and how the available appropriation is distributed across all qualifying applicants.

From an eligibility standpoint, the program is open to state governments and units of local government, including county governments and city or township governments, with additional eligibility details referenced in the full solicitation instructions. The opportunity is categorized as mandatory (meaning it is driven by statutory requirements rather than a discretionary competitive grant process), and it is listed under CFDA 16.606 for law, justice, and legal services. For the FY 2021 cycle reflected in this notice, the expected scale is large, with an indicated award ceiling of $59,000,000 and an estimate of roughly 600 awards, reflecting that SCAAP commonly makes payments to many jurisdictions rather than funding a small number of projects.

Finally, the notice emphasizes that all information submitted is subject to review by OJP. Practically, that means applicants should treat the application as an auditable submission: inmate records, incarceration dates, conviction criteria, legal authority for incarceration, and cost calculations should be internally consistent, defensible, and supported by documentation in case of follow-up questions or compliance checks. The application timeline for this posting shows a creation date of March 9, 2022, with an original closing date of April 25, 2022, under funding opportunity number O-BJA-2021-171190.

  • The Department of Justice, Bureau of Justice Assistance in the law, justice and legal services sector is offering a public funding opportunity titled "BJA FY 2021 State Criminal Alien Assistance Program Program Requirements and Application Instructions" and is now available to receive applicants.
  • Interested and eligible applicants and submit their applications by referencing the CFDA number(s): 16.606.
  • This funding opportunity was created on Mar 09, 2022.
  • Applicants must submit their applications by Apr 25, 2022. (Agency may still review applications by suitable applicants for the remaining/unused allocated funding in 2026.)
  • Each selected applicant is eligible to receive up to $59,000,000.00 in funding.
  • The number of recipients for this funding is limited to 600 candidate(s).
  • Eligible applicants include: State governments, County governments, City or township governments, Others (see text field entitled Additional Information on Eligibility for clarification).
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Frequently Asked Questions (FAQ) - BJA FY 2021 State Criminal Alien Assistance Program (SCAAP)

What is the BJA FY 2021 State Criminal Alien Assistance Program (SCAAP)?

SCAAP is a mandatory federal payment program administered by the U.S. Department of Justice (DOJ), Bureau of Justice Assistance (BJA), within the Office of Justice Programs (OJP). Its main purpose is to reimburse, at least in part, states and local governments for certain correctional costs incurred when they jail or incarcerate individuals who are both undocumented and have qualifying criminal convictions.

Is SCAAP a competitive grant or a required (mandatory) payment program?

This opportunity is categorized as mandatory, meaning it is driven by statutory requirements and operates as a payment program rather than a discretionary, competitive grant competition.

Who can apply for SCAAP funding?

Eligibility includes state governments and units of local government. The notice specifically references state governments and local governments such as county governments and city or township governments, with additional eligibility details referenced in the full solicitation instructions.

What costs does SCAAP help reimburse?

SCAAP is intended to reimburse, at least in part, certain correctional costs associated with jailing or incarcerating qualifying individuals during the program's reporting period. Applicants must provide information related to their average incarceration costs during that reporting period because cost inputs are part of the payment methodology.

Does SCAAP pay for immigration enforcement activities?

No. The program is not paying for general immigration enforcement activity. It focuses on correctional costs tied to incarceration where the applicant government had legal authority over the confinement and the individual meets the program's undocumented-status and conviction requirements.

What is the reporting period used for FY 2021 SCAAP payments?

SCAAP payments for the FY 2021 cycle are tied to a specific 12-month reporting period. Eligibility and payment calculations depend on whether the incarceration and related criteria occur during that reporting window.

What conditions must an individual meet to be counted toward SCAAP payment calculations?

To be counted for payment calculations during the reporting period, an individual generally must meet several conditions: (1) be an "undocumented criminal alien" as defined and verified through federal review, (2) have been convicted of at least one felony or two misdemeanors (most often under state or local law), and (3) have been incarcerated for at least four consecutive days under the legal authority of the applying government.

Is there a minimum incarceration time required for an inmate to qualify?

Yes. The individual must have been incarcerated for at least four consecutive days under the legal authority of the applying government during the reporting period.

Do short holds or temporary custody count for SCAAP?

Generally, no. The program description indicates that SCAAP is not paying for short holds or temporary custody that does not reach the four-day threshold.

What is meant by "undocumented criminal alien" for SCAAP purposes?

For SCAAP purposes, individuals must be "undocumented criminal aliens" as defined and verified through federal review. The applicant's belief or identification is not the final determination; eligibility depends on verification through the federal review process described in the notice.

What conviction criteria apply to inmates submitted for SCAAP?

The individual generally must have been convicted of at least one felony or two misdemeanors (most often under state or local law) during the relevant reporting window and must meet the other program requirements.

What does "legal authority of the applying government" mean in this context?

The program focuses on incarceration where the applicant government had legal authority over the confinement. This means the incarceration must be under the jurisdiction and authority of the applying state or local government, not merely a brief or non-qualifying custody arrangement.

What information must be submitted with the SCAAP application?

A major requirement is submission of inmate-level information through the online application. Applicants must provide specific data on individuals incarcerated for at least four consecutive days who the jurisdiction knows are undocumented criminal aliens or reasonably and in good faith believes are undocumented criminal aliens. Applicants must also provide information related to average incarceration costs during the reporting period.

Can a jurisdiction submit inmates it reasonably and in good faith believes are undocumented, even if it is not certain?

Yes. The notice states that applicants must submit data on individuals the jurisdiction either knows are undocumented criminal aliens or reasonably and in good faith believes are undocumented criminal aliens, as long as the other criteria (including the four-consecutive-day incarceration threshold) are met.

Who verifies whether submitted inmates are actually eligible for SCAAP?

OJP transmits the submitted inmate data to the U.S. Department of Homeland Security (DHS) for detailed review. DHS's review is a key step in determining which submitted individuals qualify as "eligible inmates" for SCAAP payment purposes.

Is the applicant's submission the final determination of inmate eligibility?

No. The notice emphasizes that eligibility depends on both what the jurisdiction reports and what DHS confirms through its verification process.

How is the SCAAP payment amount determined?

The payment methodology relies on (1) what the applicant reports in the application (including inmate data and cost-related inputs), (2) what DHS returns to OJP after reviewing and validating inmate eligibility, and (3) the total amount of appropriated funds available for that cycle. Because of these factors, the final payment can differ from what an applicant might expect based solely on the number of inmates submitted.

Can a jurisdiction submit many inmates and still receive a smaller payment than expected?

Yes. Even if a jurisdiction submits a large number of potentially eligible inmates, the actual payment amount can be influenced by how many are confirmed eligible by DHS and how the available appropriation is distributed across all qualifying applicants.

What federal office administers SCAAP?

SCAAP is run by the Department of Justice (DOJ), Bureau of Justice Assistance (BJA), under the Office of Justice Programs (OJP).

What is the CFDA number associated with this opportunity?

The opportunity is listed under CFDA 16.606 for law, justice, and legal services.

What is the funding opportunity number for this posting?

The funding opportunity number shown in the notice is O-BJA-2021-171190.

What was the application timeline for this posting?

The timeline shown indicates a creation date of March 9, 2022, and an original closing date of April 25, 2022.

How large is the FY 2021 SCAAP program expected to be (based on the notice)?

The notice indicates an award ceiling of $59,000,000 and estimates roughly 600 awards, reflecting that SCAAP typically makes payments to many jurisdictions rather than funding a small number of projects.

What does it mean that all information submitted is subject to review by OJP?

It means applicants should treat the application as an auditable submission. Inmate records, incarceration dates, conviction criteria, legal authority for incarceration, and cost calculations should be internally consistent, defensible, and supported by documentation in case of follow-up questions or compliance checks.

What broader goals does OJP associate with programs like SCAAP?

The notice situates SCAAP within OJP's broader public safety goals, including advancing civil rights and racial equity, improving access to justice, supporting victims and justice-involved people, strengthening community safety, and building public trust. However, SCAAP itself is primarily a statutory payment mechanism tied to incarceration data and cost reporting.

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