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Postconviction Testing of DNA Evidence
This supports the DOJ mission ??to ensure fair and impartial administration of justice for all Americans.? While successful exonerations to correct injustice are notable program outcomes, the careful review, consideration and closing of cases subjected to postconviction DNA testing that do not ultimately demonstrate innocence also work to advance the public?s interest that justice has been fairly applied.
Funding may be used to review postconviction cases of violent felony offenses (as defined by State law), and to locate and conduct DNA analysis of biological evidence samples associated with these cases.
Where a strong justification is provided, a small percentage of Federal award funds may be used for permissible case identification activities.
Examples of Funded Projects
Fiscal Year 2017: No Current Data Available Fiscal Year 2018: No Current Data Available Fiscal Year 2019: No Current Data Available
- NIJ FY17 Postconviction Testing of DNA Evidence
- Postconviction Testing of DNA Evidence to Exonerate the Innocent
- NIJ FY 15 Postconviction Testing of DNA Evidence to Exonerate the Innocent
- NIJ FY 14 Postconviction Testing of DNA Evidence to Exonerate the Innocent
- Postconviction DNA Testing Assistance Program
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.
Selected Recipients for this Program
| Recipient | Amount | Start Date | End Date | |
| Dallas, County Of | $ 492,895 | 2021-01-01 | 2023-12-31 | |
| Wayne, County Of | $ 500,000 | 2020-10-01 | 2023-09-30 | |
| Boise State University | $ 500,000 | 2021-01-01 | 2022-12-31 | |
| Washington State Patrol | $ 500,000 | 2021-01-01 | 2022-12-31 | |
| North Carolina Administrative Office Of The Courts | $ 390,504 | 2021-01-01 | 2022-12-31 | |
| Cal State L.a. University Auxiliary Services, Inc. | $ 500,000 | 2020-10-01 | 2022-09-30 | |
| Law & Public Safety, New Jersey Department Of | $ 500,000 | 2020-10-01 | 2022-09-30 | |
| Louisiana State University | $ 497,807 | 2020-10-01 | 2022-09-30 | |
| Committee For Public Counsel Services | $ 497,229 | 2020-10-01 | 2022-09-30 | |
| Research Foundation Of The City University Of New York, The | $ 499,981 | 2020-10-01 | 2022-09-30 |
Program Accomplishments
Not Applicable.
Uses and Use Restrictions
Funds may be used to acquire laboratory supplies for DNA analysis of biological evidence; pay overtime for people directly engaged in case review, location of evidence, or DNA analysis of biological evidence; to hire consultants and/or temporary contract staff to conduct case reviews, locate evidence, or conduct DNA analysis of biological evidence; for contracts with accredited fee-for-service vendors to conduct DNA analysis of biological evidence; to upgrade, replace, lease, or purchase computer hardware or software that will be used exclusively for case review, location of evidence, or DNA analysis of biological evidence; for salaries and benefits of additional full- or part-time employees to the extent such employees are directly engaged in case review, location of evidence, or DNA analysis of biological evidence; and, in limited cases, for “case identification? activities.
Funds may not be used for salaries and benefits for victim advocacy services; laboratory equipment; construction; renovation; costs for postconviction relief litigation, after DNA testing of biological evidence has been completed; or outreach and initial screening activities not included in ?case identification,?(as this term is defined in the program announcement).
Eligibility Requirements
Applicant Eligibility
Eligible applicants are States, units of local government, and public institutions of higher education (including tribal institutions of higher education).
For the purposes of agency program announcements, the term ?State? includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S.
Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
Beneficiary Eligibility
Ensures the availability of fair and impartial administration of justice to Americans who may have been unjustly convicted.
Credentials/Documentation
If an award is made, prior to receiving award funds an applicant must submit an express certification from the chief legal officer of the State (typically the Attorney General) that the State: i. Provides postconviction DNA testing of specified biological evidence under a State statute, or under State rules, regulations, or practices, to persons convicted after trial and under a sentence of imprisonment or death for a State offense of murder or forcible rape, in a manner intended to ensure a reasonable process for resolving claims of actual innocence. ii. Preserves biological evidence secured in relation to the investigation or prosecution of a State offense of murder or forcible rape, under a State statute, local ordinances, or State or local rules, regulations, or practices, in a manner intended to ensure that reasonable measures are taken by all jurisdictions within the State to preserve such evidence. Any certification that is submitted must be personally executed by the chief legal officer of the State after a determination that the certification may properly be made. While it may be submitted with the application package, submission of this certification is not required at the time of application. If an award is made, access to award funds will be withheld until this certification is received and approved by NIJ. Applicants proposing postconviction DNA testing projects involving cases outside of the applicant?s State are to provide (prior to receiving award funds) the express certification described above executed by the chief legal officer of the appropriate State for each State for which postconviction cases are sought to be funded in response to the program announcement. 2 CFR 200, Subpart E - Cost Principles applies to this program.
Aplication and Award Process
Preapplication Coordination
Note: An environmental impact assessment is not required at the time of application (or pre application), but is necessary for removing a withholding of funds special condition after an award is made.
An environmental impact assessment is required for this program.
This program is excluded from coverage under E.O.
12372.
Application Procedures
2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. See the current fiscal year?s solicitation available at www.nij.gov.
Award Procedures
NIJ may use external peer reviewers, internal peer reviewers (DOJ employees), or a combination, to assess applications meeting basic minimum requirements on technical merit using the solicitation?s selection criteria. Peer reviewers? ratings and any resulting recommendations are advisory only, although their views are considered carefully. Absent explicit statutory authorization or written delegation of authority to the contrary, all final award decisions will be made by the Assistant Attorney General (Office of Justice Programs), who may consider factors including, but not limited to, underserved populations, geographic diversity, strategic priorities, past performance under prior NIJ and OJP awards, and available funding when making awards.
Deadlines
Contact the headquarters or regional office, as appropriate, for application deadlines.
Authorization
An act appropriating funds for the Department of Justice in the current fiscal year.
Range of Approval/Disapproval Time
See the current fiscal year?s solicitation available at www.nij.gov.
Appeals
For statutory formula awards, see 28 CFR Part 18. There are no appeal rights for rejection of a discretionary application, but for discretionary awards, see 28 CFR Part 18.
Renewals
A request to change the project end date for an award may be submitted by the recipient by at least 30 days prior to the end date for the period of performance under the award, or by the awarding agency grant manager. Requests for extensions are not automatically granted. When granted, extensions typically are for no more than 12 months past the original end date for period of performance under the award, absent extraordinary circumstances.
Assistance Considerations
Formula and Matching Requirements
This program has no statutory formula. This program has no matching requirements. A grant made by NIJ under this program may account for up to 100 percent of the total cost of the project. The application should indicate whether it is feasible for the applicant to contribute cash, facilities, or services as non-federal support for the project. The application should identify generally any such contributions that the applicant expects to make and the proposed budget should indicate in detail which items, if any, will be supported with non-federal contributions. This program does not have MOE requirements.
Length and Time Phasing of Assistance
Awards under this program typically are for project periods of up to 24 months. See the following for information on how assistance is awarded/released: See the current fiscal year?s solicitation available at www.nij.gov and the DOJ Grants Financial Guide, available at www.ojp.gov.
Post Assistance Requirements
Reports
Program reports are not applicable.
No cash reports are required.
See the current fiscal year?s solicitation available at www.nij.gov, and the DOJ Grants Financial Guide, available at www.ojp.gov.
See the current fiscal year?s solicitation available at www.nij.gov, and the DOJ Grants Financial Guide, available at www.ojp.gov.
See the current fiscal year?s solicitation available at www.nij.gov, and the DOJ Grants Financial Guide, available at http://ojp.gov/financialguide/DOJ/index.htm.
To assist in fulfilling the Departments responsibilities under the Government Performance and Results Act of 1993 (GPRA), Public Law 103-62, and the GPRA Modernization Act of 2010, Public Law 111?352, recipients must provide data that measures the results of their work.
Audits
In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, non-Federal entities that expend financial assistance of $750,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-Federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503. See 2 CFR Part 200 for the audit requirements
Records
See 2 CFR Part 200 for the government-wide requirements for maintenance of records by grant recipients.
Financial Information
Account Identification
15-0404-0-1-754.
Obigations
(Project Grants (Discretionary)) FY 17 Not Available; FY 18 Estimate Not Available; and FY 19 Estimate Not Available
Range and Average of Financial Assistance
No Data Available.
Regulations, Guidelines, and Literature
See 2 CFR Part 200, 2 CFR Part 2800, the current fiscal year?s solicitation at www.nij.gov, and the DOJ Grants Financial Guide at http://ojp.gov/financialguide/DOJ/index.htm..
Information Contacts
Regional or Local Office
None.
Headquarters Office
National Institute of Justice Department of Justice Office of Justice Programs National Institute of Justice 810 7th Street, NW, Washington, District of Columbia 20531 Email: postconvictionDNA@usdoj.gov Phone: (202) 307-2942
Criteria for Selecting Proposals
Criteria are described in the OJP Program Announcement available at http://www.ojp.gov/funding/solicitations.htm.
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