These FAQs are for reference only and to assist states and units of local government. These FAQs do not supersede any conflicting
guidance provided in the relevant JAG State or JAG Local solicitations or grant award documents.
Updated May 2024
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2. The “less than $10,000” allocation for the state ($250,000) is then added to the
$1,800,000, resulting in $2,050,000.
3. The 10 percent JAG reduction is then assessed on the $2,050,000 amount
($2,050,000 × .10), resulting in a SORNA penalty of $205,000 for the state.
Note: For the District of Columbia and the territories, the JAG reduction will be assessed
on the full allocation because the entire allocation goes to the district or territorial
government.
20.
Is a state eligible for additional JAG funding based on its Sex Offender
Registration and Notification Act (SORNA) compliance status?
SORNA-compliant
states and territories may have bonus funds applied to their next fiscal
year JAG application. This bonus allocation is calculated based on total funds resulting
from the JAG reductions from non-implementing states and territories during that current
fiscal year. For example, if a state substantially implemented SORNA in FY 2022, then
that state would have additional bonus funds added to its FY 2023 State JAG award,
which will be comprised of JAG reductions from non-implementing states and territories in
FY 2022. The amounts available for bonus funds will vary from year to year, depending
on
the amount of JAG reductions that are assessed.
21. Who
m can I contact for more information on the JAG reduction or Sex Offender
Registration and Notification Act (SORNA) penalty, SORNA compliance, or the
implementation of SORNA?
For additional information regarding SORNA implementation, including requirements and
a list of states that will be affected by the 10 percent reduction to JAG awards, contact
the OJP Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and
22.
What is required under the Prison Rape Elimination Act (PREA) certification
requirement, and what is the funding reduction for failure to comply?
In 2012, DOJ published the National Standards to Prevent, Detect, and Respond to
Prison Rape (PREA Standards), which were promulgated to prevent, detect, and
respond to sexual victimization and abuse in confinement settings. The National PREA
Standards are set out at 28 C.F.R. Part 115 and apply to confinement facilities, including
adult prisons and jails, juvenile facilities, and police lockups.
The PREA statute provides that a state whose Governor does not certify full compliance
with DOJ’s PREA Standards (34 U.S.C. 30307(e)) is subject to the loss of 5 percent of
any DOJ grant funds that it would otherwise receive for prison purposes, unless the
Governor submits to the Attorney General an assurance that such 5 percent will be used
by the state solely to adopt and achieve full compliance with the PREA Standards in
future years. In addition, the Justice for All Reauthorization Act (JFARA) of 2016, which
was enacted on December 16, 2016, includes an amendment to the PREA statute. Per
the PREA amendment under JFARA, the assurance option sunset was effective on
December 16, 2022 (See 34 U.S.C. § 30307(e)(2)(D)). The PREA amendment also
provides that for two years following the assurance sunset, a Governor who can certify
that the state has had audits for at least 90 percent of facilities under the operational