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All Southwest Border Prosecution Initiative (SWBPI) applications must be submitted online at
http://southwest.ojp.gov. Eligible county and
state governments in Arizona, California, New Mexico, and Texas may apply for funds, in accordance
with established reporting periods and funding availability.
To complete the online application and determine the maximum payment, eligible cases must be
grouped according to the length of case disposition. Maximum payment levels increase in accordance
with longer dispositions to reflect the increased cost of prosecuting and detaining defendants.
The four case disposition categories are: 1 to 15 days; 16 to 30 days; 31 to 90 days; and more than
90 days.
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Applications are reviewed and approved on the basis of their adherence to program guidelines,
and funding availability. Applicants will receive up to 100 percent of eligible case costs,
based on the availability of funds. Should application amounts exceed available funds, applicants
will receive funds on a uniform, pro-rata basis.
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A county or state government in Arizona, California, New Mexico, or Texas may participate if it
prosecuted and/or detained a defendant in a federally initiated and declined/referred criminal
case that was disposed of during the applicable reporting period.
In New Mexico, only detention services may be reported in a county's on-line application.
Prosecution services are provided through various state agencies and will be reflected in
a state level application.
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The Bureau of Justice Assistance (BJA) will be requiring the following three data fields for each of the submitted cases for reimbursement for the FY 2008 1st and 2nd quarter applications.
- Case Number - BJA is requiring that all applicants provide a court case/docket number for every eligible case for which they are requesting payment.
- Defendant Name - In addition to the court case/docket # for each case, applicants will need to provide the defendant’s first and last names and middle initial for each of the cases.
- Date Case Resolved - For each case included, applicants must provide the date each federally initiated case was resolved.
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An applicant must be the Chief Executive Officer (CEO) or an authorized designee of any
eligible jurisdiction in Arizona, California, New Mexico, or Texas. CEO's are the highest
ranking administrative or elected official of a unit of general government, such as the
Governor, President of the County Commissioners, County Executive or, County Judge
(for counties in Texas). Only employees, such as a Sheriff or County Prosecutor, of the
applicant jurisdiction can serve as an authorized designee for SWBPI.
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- Federally initiated criminal case
- Declined/referred to a county or state jurisdiction after October 1, 2004
- Prosecuted by a state or county prosecutor
- Disposed of during a designated reporting period
- Provided pre-trial detention
- Each defendant represents a separate case; one case with multiple defendants should
be claimed as separate cases
- One defendant charged in multiple cases should be claimed as only one case to the extent
the defendant's cases are being investigated and/or prosecuted during concurrent periods of time
A case is eligible, regardless of:
- When the case was referred
- The level, type, or number of criminal offenses involved
- The defendant's age or citizenship status at the time of the federal referral
- Whether the case was formally declined/referred by a U.S. Attorney, or declined/referred
through a blanket federal declination-referral policy; accepted federal law enforcement practice;
or federal prosecutorial discretion
- Whether state or local law enforcement participated with federal authorities in the
investigation or arrest (federal/state task forces)
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- Federally referred case declined and not prosecuted by state or county prosecutors.
- Probation or parole violation or revocation hearings1
- Extradition cases
- Cases not accepted by state or county prosecutors
1 A new charge(s) not independently prosecuted, but used as a
basis for a probation or parole revocation hearing is ineligible for reimbursement.
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- October 1 to December 31
- January 1 to March 31
- April 1 to June 30
- July 1 to September 30
Cases are eligible for SWBPI submission only during the reporting period in which the case was resolved.
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A federally initiated case results from a criminal investigation or an arrest involving
federal law enforcement authorities for a potential violation of federal criminal law,
including task forces on which a federal agency or officer participates in the investigation
or arrest process.
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A federal declination/referral occurs when, during an investigation or following an arrest,
a U.S. Attorney or a federal law enforcement official decides not to pursue federal criminal
charges against a defendant (declination) and requests that a state or local jurisdiction
prosecute the defendant for possible violation of state or local criminal statutes (referral).
Should a decision be made by a U.S. Attorney to subsequently pursue federal charges against
a previously-referred defendant, the time spent by the state or local jurisdiction in their
prosecution and/or detention of the defendant on state criminal charges is eligible for SWBPI
funding.
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For SWBPI purposes, case resolution refers to the time between a suspect's arrest and the
resolution through dismissal, plea, conviction, or sentencing of the criminal charges
through a county or state judicial or prosecutorial process. For defendants not physically
arrested, alternative start dates are the date of indictment, date of the initial criminal
summons, or date of the summons to appear.
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Each eligible case may receive the following payment based on length of time from declination/referral
to resolution; availability of funds; and the provision of both prosecution services and pre-trial
detention services:
$2,500 for each case of 1 to 15 days
$5,000 for each case of 16 to 30 days
$7,500 for each case of 31 to 90 days
$10,000 for each case of 91+ days
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Prosecution services are defined as judicial, prosecution, and defense services.
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An eligible jurisdiction must have held the case defendant in a secure facility for 24 hours or more.
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Documentation supporting a federally initiated and declined/referred case must be retained
for three years after the submission of the case for SWBPI funds. Documentation can include
paper or electronic case files, e-mails from the U.S. Attorney's Office, case notes, or
documentation of telephone or face-to-face meetings with U.S. Attorney's Office staff or
Federal law enforcement officials.
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Electronic SWBPI payments will be sent to an applicant's bank account of record. Jurisdiction contacts,
including the financial point of contact, will be notified each time a payment is processed.
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While funds from SWBPI federal payments may be used by applicant jurisdictions for any purpose not
otherwise prohibited by federal law, using funds for the support and enhancement of prosecutorial
and detention services is encouraged.
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- Time spent by prosecutors on judicial appeals2
- Incarceration time for sentenced offenders
2 Time spent by prosecutors on interlocutory appeals brought
prior to trial, plea, or dismissal is allowable.
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SWBPI participants are also eligible to apply for State Criminal Alien Assistance Program (SCAAP)
funds; however, the combined total of SCAAP and SWBPI payments cannot exceed 100 percent of the
actual cost of the pre-trial detention period.
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Revised: July 2007
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