JAG

The Edward JAG Formula Grant Program is a partnership among federal, state and local governments, and non-profit organizations to create safer communities and improve criminal justice systems. The JAG program, created by the Anti-Drug Abuse Act of 1988 (Public Law 100-690), emphasizes controlling violent and drug-related crime and serious offenders, and fosters multi-jurisdictional and multi-state efforts to support national drug-control policies. This grant program provides funding for projects which assist local and state government and non-profit agencies in their efforts to reduce violent crime and illegal drug activities, improve the criminal justice system and support local, state and national priorities. The projects funded should offer a high probability of improving the functioning of the criminal justice system as they relate to the specific state/local agency. Federal funding is available for up to forty-eight (48) consecutive months. The grant project should be created in such a manner that, if successful, can be replicated by other agencies. At the conclusion of the federal grant funding, the agency is expected to continue the project with regular budgeted funds.

Formula grant funds may be used to support projects that enforce state and local laws which establish offenses similar to offenses established in the Federal Controlled Substances Act, and to improve the functioning of the criminal justice system, with emphasis on violent crime and serious offenders. Funds may be used to provide personnel, equipment, training and technical assistance to support more widespread prevention, apprehension, prosecution, adjudication, detention, treatment and rehabilitation of offenders who violate state and local laws.

Under the JAG Grant Program, each state is encouraged to develop a statewide strategy for violent crime and drug control aimed at identifying available resources for activities, which are perceived to have the greatest impact on the violent crime and drug problem in the state.

In developing Tennessee's strategy, the Office of Criminal Justice Programs solicits input from the criminal justice community regarding program priorities.Additionally, judicial districts and state agencies provide input regarding their priorities for intervention. Participation in a local/state strategy process is a prerequisite for eligibility to receive funds under this grant.

The intent of the JAG Formula Grant Program is to provide criminal justice assistance to state agencies, local units of government, and non-profit organizations. The Department of Justice has defined a unit of local government as a general-purpose political subdivision of a state, such as a judicial district, city or county Grants from this program can only be awarded to such entities.

Any subcontract which involves the research or evaluation of a project or project data must be reviewed by an OCJP Program Manager to assure that the subcontract contains language which would prohibit researchers and evaluators from possessing a personal or financial interest to the project they are reviewing.

In all circumstances program staff will attempt to mitigate any potential bias related to the research or evaluation components of any JAG funded projects so that a reasonable person, understanding all the facts related to a project, will have confidence that the results of any research or evaluation will be objective and reliable.

Project directors are encouraged to make the results and accomplishments of their activities available to the public.  A subrecipient who publicizes project activities and results shall adhere to the following:

• Responsibility for the direction of the project should not be ascribed to the Department of Justice or the Tennessee Office of Criminal Justice Programs.
• All reports, studies, notices, informational pamphlets, press releases, signs, billboards, DVDs, public awareness kits, training curricula, webinars, websites,  and similar public notices (written, visual or sound) prepared and released by the Grantee shall include the statement:
   

  "This project is funded under an agreement with the State of Tennessee, Department of Finance and Administration, Office of Criminal Justice Programs and is supported by Award #______________ awarded by the Bureau of Justice Assistance, Office of Justice Programs, USDOJ."

  The Award # may be obtained from your OCJP Grant Manager.

• Additionally, studies and research/report type publications expressing the direction of project activity must also contain the following federal funding statement:

  “The opinions, findings, conclusions or recommendations contained within this document are those of the author and do not necessarily reflect the views of the Department of Justice”.

The above information is specific to JAG funds. For additional requirements regarding publications, see All Fund Sources Chapter XI – Publications and Media. 

The following is taken from the BJA JAG Controlled Purchase List. Contact your OCJP Program Manager if you have questions about equipment purchases.

BJA has certain requirements related to the purchase of items listed below. Contact your OCJP program manager for more information.

1. “Unmanned Aircraft (UA), Unmanned Aerial Vehicle (UAV) and/or Unmanned Aerial System (UAS)
2. Armored Vehicles (wheeled)
3. Command and/or Control Vehicles (Bus, Recreational Vehicle, etc.)
4. Boats (Non-Police Patrol)
5. Tactical and/or passenger SUVs, Vans, Trucks, and Sedans (excluding SUVs and Sedans that are used for Police Patrol)
6. Manned aircraft, fixed and/or rotary wing
7. Specialized firearms and ammunition under .50 caliber (excludes firearms/ammunition for service-issued weapons)
8. Breaching Apparatus (battering ram or similar entry device)
9. Riot Helmets, shields and/or batons (excluding service-issued telescopic or fixed-length straight batons)
10. Explosives and pyrotechnics
11. Luxury items and Real estate
12. Construction projects (other than penal/correctional institutions)
13. Segway, ATV and Golf Cart (Non-Police Patrol)”

If the contract is for equipment only an OCJP Equipment Grant Closeout Report  should be completed within 30 days after the contract ends. Contact your Program Manager for more information.

The Project Director is responsible for timely submission of completed program and fiscal reports. Inability to submit required reports in a timely fashion is considered a failure of required contract obligations.

Program Income

A DTF or other agency (i.e. university, governmental agency) approved to generate program income must report program income here: Income Summary Report..  All other State and Local Government and Educational subrecipient agenices must report zero ($0) income annually by July 31st here: Income Summary Report.  Nonprofit subrecipients see Chapter IV. Program Income Procedures for quidance.

NOTE: The subrecipient is required to gather and maintain statistical data relating to grant project activities as required by the Office of Criminal Justice Programs. The data collected should support the information submitted on the annual reports. OCJP may periodically request to see the back-up data that supports the information submitted on your output and outcome reports.

1. LOCAL JURISDICTION PARTICIPATION:  Per TCA 12-9-104, the DTF maintains documentation (memoranda of understanding, inter-agency agreements, inter-local agreements etc.) that reflects local jurisdiction participation in the DTF. The agreement(s) specify:
   1. Duration
   2. The DTF’s clearly-stated purpose(s)
   3. The DTF’s clearly-stated organization, composition, and nature
   4. The clearly-stated manner of financing the DTF and of establishing and maintaining a budget; and
   5. The clearly-stated permissible method(s) to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination
2. BOARD OF DIRECTORS ACTIVITIES AND DECISIONS:The DTF maintains documentation (minutes) indicating that the Board of Directors meets per TCA 12-9-104 and Chapter 0620-3-5.
   1. The Board of Directors must meet at least quarterly and reviews and approves:
      • DTF financials
      • Significant DTF personnel decisions
      •  Supplements paid to employees of other agencies
   2. The Board of Directors must review all MOUs, inter-agency agreements and inter-local agreements annually.
   3. The Board of Directors must review OCJP-funded grant progress.
3. POLICIES AND PROCEDURES MANUAL: The DTF maintains a policy and procedures manual that addresses the following:
   1. Proper Management of Funds. DTF staff properly manage cash and drugs as required in the Comptroller’s Office “Procedures For Handling Cash Transactions Related To Undercover Investigative Operations of County and Municipal Drug Enforcement Programs”

      The following information is documented:

      • Documentation of each transaction involving the custodian.
      • Documentation of every transaction an agent makes in paying informants, buying drugs, and incurring miscellaneous confidential expenses.
      • A receipt each time an agent pays an informant for information or for services performed, including the purchase of drugs.  It must be signed by the informant, using a pre-assigned code name. The receipt also must be witnessed and signed by another officer.
      • Summary documentation of all transactions with a single informant who is identified by code name.
      • Quarterly reports to the county trustee on the use of confidential funds, certified by the DTF Director.
      • Any confidential funds which are unaccounted must be immediately reported in writing to the District Attorney General by the DTF Director. A copy of the report should also be filed with the Comptroller of the Treasury, Division of Local Government Audit.The DTF Director is responsible for initiating action to collect any unaccounted funds.
   2. Confidential Funds. Confidential funds are used only for undercover expenses such as:
      • Payments made to an informant for information
      • Payments made to an undercover agent
      • Money spent to actually purchase drugs as part of an investigation
      • Gasoline or minor maintenance for an undercover vehicle or an informant’s vehicle when used in undercover operations
   3. Proper management of confidential informants.The DTF establishes and maintains a separate file for each informant, which includes the summary documentation of all transactions. Other information regarding the informant file normally is confidential.
       

      There are clear policies governing agents and informants in terms of:

      • Meeting with the informant
      • Fraternization with the informant
      • Business relationships with the informant
      • Having a witness signature for informant payment
      • Documentation requirements
      • Regular audits/review of informant history and activity
      • Secured informant files
   4. Evidence, Property and Seizures. DTF staff properly log evidence, property and seizures such that items are clearly marked with an identifier and can be easily located; and
      • The agency has written procedures for the collection, identification, preservation, and transmittal of evidentiary items.
      • The agency has established and maintains a property system for the secure and proper recording, storage, classification, retrieval, and disposition of all evidentiary, recovered, and found property under the protective custody of the agency.
      • Personnel not charged with the custody of property shall perform a complete inventory and records audit of both property owned and used by the agency and property placed within the protective custody of the agency at least once every three years.
      • The property system of the agency incorporates special security and control measures to safeguard all money, firearms, controlled substances, and high value items within the protective custody of the agency.
      • The agency policies follow the TCA time restraints concerning the xxxxxx of weapons and drugs.
4. BJA-REQUIRED Center for Task Force Leadership and Integrity (CTFLI) TRAINING:  The DTF maintains documentation (certificates of completion) that each task force commander and agent has completed required online task force training provided through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). Completing this web-based training curriculum is required once every four years. New agents hired or reassigned to the DTF should complete this training in its entirety within their first 120 days with the DTF.
5. Methamphetamine Lab Clean Up: The Tennessee Bureau of Investigation’s Tennessee Methamphetamine and Pharmaceutical Task Force (TMPTF) currently has a Memorandum of Understanding with the U. S. Department of Justice Drug Enforcement Agency (DEA) for the clean-up, removal, and disposal of hazardous wastes found and seized at clandestine drug laboratories. All Drug Task Forces receiving Byrne JAG funding must utilize the TMPTF for the clean-up, removal and disposal of hazardous wastes found and seized at clandestine drug laboratories in order to be covered by the TMPTF federally approved Mitigation Plan.
   
   Note: Agencies failing to comply with Section E are not eligible for JAG funding.
6. ADDITIONAL BEST PRACTICES policies and procedures (RECOMMENDED NOT REQUIRED)

   OCJP strongly encourages all DTFs to work toward adding best practices policies and procedures (if not already in place) for the additional issues listed below, as recommended by the BJA-funded Center For Task Force Training:

   Critical Task Force Policies and Procedures:

   • Use of force
   • Vehicle pursuits
   • Enforcement actions
   • Office security
   • Professional standards
   • Profiling

   Other Task Force Policies and Procedures:

   • Case selection
   • Media contacts
   • Reporting procedures
   • Equipment
   • Firearms
   • Investigative techniques
   • Chain of command
   • Use of government vehicles
   • Use of alcohol
   • Secondary employment
7. Additional resources: Additional information on the topics above can be found on the web sites listed below:

   State of TN Comptroller of the Treasury Procedures for Handling Cash Transactions Related to Undercover Investigative Operations of County and Municipal Drug Enforcement Programs (Confidential Funds)

   University of Tennessee, Institute of Public Service, Municipal Technical Advisory Service Drug Fund Manual