NOFO #2827-0925 Statewide Deferred Prosecution Funding Programs

In 2021, the Illinois General Assembly created the Statewide Deferred Prosecution Funding Program to provide grants to State's Attorneys to operate deferred prosecution programs. Deferred prosecution programs are offered at the pre-trial or prosecution phases. Deferred prosecution agreements between the state’s attorney and the participant are approved by the court. Programs may include linkage to or provision of substance abuse, anger management and other human services and/or require participants to demonstrate that they are employed or enrolled in training or education courses. Some programs include the state’s attorney’s commitment to not oppose expungement of the arrest upon successful completion of the program. Deferred prosecution programs are often established as a complement to diversion programs which offer services in lieu of arrest in return for completion of specific objectives and no further criminal activity.

The Illinois General Assembly created the Statewide Deferred Prosecution Funding Program to provide grants to State's Attorneys to operate deferred prosecution programs for misdemeanor offenses, allowing for a misdemeanor charge to be dismissed upon successful completion of the program.

In order to charge indirect costs to a grant, the applicant organization must either have an annually negotiated indirect cost rate agreement (NICRA) or elect to use a standard de minimis rate. There are three types of allowable indirect cost rates: a) Federally Negotiated Rate. Organizations that receive direct federal funding, may have an indirect cost rate that was negotiated with the Federal Cognizant Agency. Illinois will accept the federally negotiated rate. b) State Negotiated Rate. The organization may negotiate an indirect cost rate with the State of Illinois if they do not have a Federally Negotiated Rate. If an organization has not previously established an indirect cost rate, an indirect cost rate proposal must be submitted through the State of Illinois centralized indirect cost rate system in the GATA Grantee Portal. If an organization previously established an indirect cost rate, the organization must annually submit a new indirect cost proposal through the GATA Grantee Portal system within the earlier of six (6) months after the close of the grantee’s fiscal year; and three (3) months of the notice of award. c) De Minimis Rate. An organization that has never negotiated an indirect cost rate with the Federal Government or the State of Illinois is eligible to elect a de minimis rate of 15% of modified total direct cost (MTDC). Once established, the de minimis Rate may be used indefinitely. The State of Illinois must verify the calculation of the MTDC annually in order to accept the de minimis rate. All grantees must complete an indirect cost rate negotiation or elect the De Minimis Rate to claim indirect costs. Indirect costs claimed without a negotiated rate or a De Minimis Rate election on record in the GATA Grantee Portal indirect cost rate system may be subject to disallowance. Limitations on indirect costs restrict the amount and/or type of indirect costs that are allowed to be charged to grant awards. Indirect cost limitations and restrictions must be clearly stated in this section. For example, the grant award may be subject to state and federal statutory requirements that limit the allowability of costs. The maximum amount allowable under a limitation cannot exceed the total amount under the NICRA. State and federal statutes may restrict the amount of salary that can be charged to a grant award, if the base salary exceeds the Federal Executive Level II Pay Scale. If additional statutory restrictions or limitations are imposed, such as parameters for direct administrative costs, facility costs, and indirect administrative cost levels, those restrictions or limitations must be stated in this section. The statutory reference or guidance imposing the indirect cost limitation or restriction must also be stated within this section. Grantees have discretion not to claim payment for indirect costs. Grantees that elect not to claim indirect costs cannot be reimbursed for indirect costs. The organization must record an election to “Waive Indirect Costs” into the GATA Grantee Portal. Indirect Cost election must be completed annually, for every entity’s fiscal year. More information regarding the indirect cost election process can be found here. Code of Federal Regulations / Title 2 - Grants and Agreements / Vol. 1 / 2014-01- 01191

State’s Attorneys’ Offices in Illinois GATA Grantee in Good Standing with Pre-qualification

N/A

Active SAM.gov registration, UEI, and Completion of ICQ

Only one application per State's Attorneys' Office

ICJIA will submit all selected applications to ICJIA’s Budget Committee for approval. The ICJIA Budget Committee is scheduled to review and approve designations in February 2026. ICJIA will transmit a Notice of State Award (NOSA) and the grant agreement to successful applicants after ICJIA’s Budget Committee reviews and approves designations. The NOSA will detail specific conditions resulting from pre-award risk assessments that will be included in the grant agreement. The NOSA will be provided and must be accepted through the Grantee Portal unless another distribution is established. The NOSA is not an authorization to begin performance or incur costs.

In addition to implementing the funded project consistent with the approved project proposal and budget, agencies selected for funding must comply with applicable grant terms and conditions and other legal requirements, including, GATA, and the U.S. Department of Justice Grants Financial Guide. Additional programmatic and administrative special conditions may be required.

Recipients must submit periodic financial reports, periodic performance reports, final financial and performance reports, and, if applicable, an annual audit report in accordance with the 2 CFR Part 200 Uniform Requirements. Future awards and fund drawdowns may be withheld if reports are delinquent.

For questions and technical assistance regarding application submission, contact: Stacey Woods Illinois Criminal Justice Information Authority CJA.SDPNOFO@Illinois.gov

The Illinois Criminal Justice Information Authority (ICJIA) is a state agency dedicated to improving the administration of criminal justice. ICJIA brings together key leaders from the justice system and the public to identify critical issues facing the criminal justice system in Illinois, and to propose and evaluate policies, programs, and legislation that address those issues. The statutory responsibilities of ICJIA fit into four areas: grants administration; research and analysis; policy and planning; and information systems and technology. Section 7 of the Illinois Criminal Justice Information Act grants ICJIA authority “to apply for, receive, establish priorities for, allocate, disburse, and spend grants of funds that are made available by and received on or after January 1, 1983 from private sources or from the United States pursuant to the federal Crime Control Act of 1973, as amended, and similar federal legislation, and to enter into agreements with the United States government to further the purposes of this Act, or as may be required as a condition of obtaining federal funds” and “to receive, expend, and account for such funds of the State of Illinois as may be made available to further the purposes of this Act.” (20 ILCS 3930/7(k), (l)) Neither the State of Illinois nor ICJIA are obligated to make any award as a result of this announcement. The ICJIA Executive Director or designee has sole authority to bind ICJIA to the expenditure of funds through the execution of grant agreements. This application is subject to the Illinois Freedom of Information Act (FOIA). Any information that the applicant believes should be exempt under FOIA should clearly highlight the information that is exempt, and the basis of the exemption.