Section 1590.10  Purpose

 

a)         This Part establishes procedures for the implementation of the Violent Crime Witness Protection Program pursuant to the Violent Crime Witness Protection Act. [725 ILCS 173] The purpose of the financial assistance awarded under this Part is to assist victims and witnesses who are actively aiding in the prosecution of perpetrators of violent crime, and appropriate related persons or victims and witnesses determined by the Authority to be at risk of a discernible threat of violent crime. [725 ILCS 173/10]

 

b)         Pursuant to the Violent Crimes Witness Protection Act, ICJIA will provide financial assistance to State's Attorneys Offices, the Office of the Attorney General, and local police departments for reimbursements associated with payments to Eligible Persons. ICJIA will also provide financial assistance to local law enforcement agencies to establish local violent crime witness protection programs.

 

Section 1590.20  Definitions

 

Unless specified otherwise, all terms shall have the meanings set forth in Section 5 of the Violent Crime Witness Protection Act [725 ILCS 173]. For purposes of this Part, the following additional definitions apply:

 

"Act" means the Violent Crime Witness Protection Act. [725 ILCS 173]

 

"Actively aid prosecution" means to assist the Office of the Attorney General or a State's Attorney’s Office in the prosecution of violent crime, including, but not limited to providing a witness statement to law enforcement, providing testimony necessary for the issuance of a warrant, or testifying during a criminal trial. 

 

"Appropriate related persons" means persons, children, parents, or guardians of a victim or witness actively aiding in the prosecution of a violent crime.

 

"Attorney General" means the Attorney General of the State of Illinois.

 

"Awardee" means a recipient of financial assistance pursuant to the Act.

 

"County Applicants" means State's Attorney's Offices and county sheriff departments.

 

"Eligible Persons" means victims and witnesses who are actively aiding in the prosecution of perpetrators of violent crime, and appropriately related persons or victims and witnesses determined by the Illinois Criminal Justice Information Authority to be at risk of a discernible threat of violent crime. [725 ILCS 173/10]

 

"Financial assistance" means financial support to a program participant in the form of a grant or expense reimbursement.

 

"GATA" means the Grant Accountability and Transparency Act. [30 ILCS 708]

 

"GATA rules" means 44 Ill. Adm. Code 7000.

 

"ICJIA" means the Illinois Criminal Justice Information Authority.

 

"Illinois police agency" means any law enforcement unit of government or municipal corporation in the State of Illinois. It does not include law enforcement divisions of the Illinois State Police, the Secretary of State, or any other office, department, division, bureau, board, commission or agency of the State of Illinois or any university, college or community college police departments. See also "local law enforcement agencies".

 

"Local law enforcement agencies" means any law enforcement unit of government or municipal corporation in the State of Illinois. It does not include law enforcement divisions of the Illinois State Police, the Secretary of State, or any other office, department, division, bureau, board, commission or agency of the State of Illinois or any university, college or community college police departments. See also "Illinois police agency".

 

"Moving expenses" means expenses necessary to move household goods and personal effects from a former residence to a new residence or expenses necessary to travel from a former residence to a new place of residence. "Moving expenses" shall include reasonable and necessary lodging expenses as determined by the agency seeking reimbursement.

 

"Program Participant" means the Illinois Attorney General or a State's Attorney's Office or Illinois police agency that receives financial assistance under the Program.

 

"State's Attorney's Office" means a State's Attorney's Office located in Illinois.

 

"Uniform Guidance" means the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ("Uniform Guidance"), codified at 2 CFR 200.

 

"Utilities" means service provided by a public utility for essential services such as light, power or water.

 

"Victim" means:

 

any natural person determined by the victim service coordinator or victim coordinator, prosecutor, or the court to have suffered direct physical or psychological harm as a result of a violent crime perpetrated or attempted against that person or direct physical or psychological harm as a result of

 

a violation of Section 11-501 of the Illinois Vehicle Code or similar provision of a local ordinance or

 

a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012;

 

in the case of a crime victim who is under 18 years of age or an adult victim who is incompetent or incapacitated, both parents, legal guardians, foster parents, or a single adult representative;

 

in the case of an adult deceased victim, 2 representatives who may be the spouse, parent, child or sibling of the victim, or the representative of the victim's estate; or

 

an immediate family member of a victim that is chosen by the victim.  If the victim is 18 years of age or over, the victim may choose any person to be the victim's representative.  In no event shall the defendant or any person who aided and abetted in the commission of the crime be considered a victim, a crime victim, or a representative of the victim.

 

"Witness" means: 

 

any person who personally observed the commission of a crime and who may be called to testify on behalf of the prosecution or a person who will be called by the prosecution to give testimony establishing a necessary nexus between the offender and the violent crime.

 

Section 1590.30  GATA Compliance

 

Financial Assistance provided according to this Part is subject to GATA and GATA rules, and to the extent the Program is implemented using grant agreements, at a minimum, the provisions of 2 CFR 200.303 and 200.330 through 200.332 of the Uniform Guidance apply to grant recipients.

 

Section 1590.40  Form of Financial Assistance

 

Financial assistance under the Part may be in the form of a grant, subsidy, or expense reimbursement. Regardless of the form of assistance, Program Participants shall be obligated to comply with requirements set forth in the Act, in this Part and in any agreement or certification executed to receive financial assistance under this Part.

 

Section 1590.50  Application Process

 

ICJIA will post one or more Notices of Funding Opportunity (NOFO) on the GATA Grantee Portal seeking applications from eligible entities, contingent upon available funds.  The NOFO will describe in detail the types and the purposes for which funding is available.  Applicants shall submit their application materials by the deadlines set forth in the NOFO, which will be at least 30 days after posting the NOFO.

 

Section 1590.60  Eligibility Requirements and Allowable Expenditures

 

a)         Applicants must meet the following requirements to be eligible for the Program:

 

1)         applicants must be a State's Attorney's Office, the Attorney General, or a local law enforcement agency as defined in this Part; and

 

2)         applicants must meet all requirements identified in the GATA rules, 44 Ill. Adm Code 7000.70, including, but not limited to having an active Unique Entity ID (UEI) and an active SAM.gov account and being in good standing with the Illinois Secretary of State, if applicable.

 

b)         County Applicants seeking financial assistance for payments made to victims and witnesses (see Subpart B) must demonstrate an ability to provide county funding for costs at a level of at least 25% or demonstrate good cause as to the county's inability to provide funding at a level of at least 25%.

 

c)         For county sheriff's departments seeking financial assistance for payments made to victims and witnesses (see Subpart B), applicants must provide proof of notifying the applicable State's Attorney's Office of the intention to seek financial assistance. Proof of notification may include, but is not limited to, an email sent to the State's Attorney's Office, or a postmarked letter mailed to the State's Attorney's Office.

 

d)         An applicant shall be ineligible to receive financial assistance pursuant to this Part if it:

 

1)         is delinquent on payment of any State of Illinois tax obligation;

 

2)         is on the Illinois Stop Payment List or in default of any contractual obligation to the ICJIA;

 

3)         is engaged in a business that is unlawful under Illinois or federal law;

 

4)         received 50% of the funding appropriated for this program in a given fiscal year;

 

5)         is on the federal System for Award Management excluded parties list; or

 

6)         does not meet any other eligibility criteria established in a financial assistance application.

 

e)         Allowable expenditures must be incurred on or after January 1, 2023, and by the deadline identified in any announcement or certification for financial assistance pursuant to this Part.

 

f)         ICJIA will identify allowable expenditures and outline those permitted expenses in a Notice of Funding Opportunity posted on ICJIA's website or generated through the statewide Grant Management System. 

 

g)         Ineligible expenditures include:

 

1)         expenses associated with the investigation and prosecution of criminal activity;

 

2)         expenses associated with reimbursement for witness notification, witness fees, testimony preparation, and participation in grand jury testimony;

 

3)         capital expenses, including but not limited to, capital improvements, real estate purchases, mortgage payments, and construction;

 

4)         expenses associated with research and program evaluation; or

 

5)         expenses associated with victims of non-violent crime, including but not limited to, stolen property replacement costs and property damage costs.

 

h)         Expenses shall be submitted to the ICJIA for review, either as part of the application process or following selection for financial assistance. Expenses shall be reviewed for eligibility and funding will be provided to Program Participants after verifying the expenditure is allowable under the Act and this Part.

 

Section 1590.70  Record Retention

 

a)                  Recipients of funding pursuant to this Part must retain financial records, supporting documents, statistical records, and all other awardee records per the Local Records Act [50 ILCS 205], GATA rules and the terms in any agreement or certification executed to receive financial assistance under this Part.

 

b)         Under the Rights of Crime Victims and Witnesses Act [725 ILCS 120] and other Illinois victim protection laws, only under extraordinary and rare circumstances shall access to documents, papers or other records of recipients of funding pursuant to this Part include knowledge of the true names of victims of a crime. When access to the true names of victims of a crime is necessary, appropriate steps to protect this sensitive information shall be taken by both the awardee and the ICJIA. Any access to this information, other than under a court order or subpoena issued by a court of competent jurisdiction pursuant to a bona fide confidential investigation, shall be approved by the Executive Director of ICJIA.

 

Section 1590.80  Technical Assistance

 

a)         Program Participants may request technical assistance from the ICJIA regarding whether a victim or witness and victim or witness' expenses are eligible for reimbursement through the Violent Crime Witness Protection Program, the process for requesting reimbursement under the Act, and allowable expenditures for the development and establishment of a violent crime witness protection program.

 

b)         The ICJIA will have exclusive authority to determine the manner and extent to which the ICJIA resources and personnel are utilized for technical assistance.

 

c)         ICJIA will be reimbursed from the Violent Crime Witness Protection Program Fund for costs associated with technical assistance provided under this Part.

 

d)         All requests for guidance must be made to the Violent Crime Witness Protection Program Fund Program Manager.

 

e)         Upon request and subject to the Rights of Crime Victims and Witnesses Act [725 ILCS 120] and other Illinois victim protection laws, the agency that requests guidance will make available to the ICJIA all records relating to the victim or witness, the related violent crime, and the need for protection.

SUBPART B: FINANCIAL ASSISTANCE FOR PAYMENTS MADE TO VICTIMS AND WITNESSES

 

Section 1590.90  Eligibility for County Applicants 

 

a)         County Applicants applying for financial assistance must provide county funding at a level of at least 25% of any expenditure for which assistance is requested.

 

b)         The matching requirement in this Section may be waived by ICJIA upon showing of good cause. ICJIA will consider the following factors to determine the eligibility of County Applicants.

 

1)         The amount of matching funds relative to the overall budget of the requesting county;

 

2)         Particular administrative obstacles limiting the applicant's ability to obtain access to matching funds; and

 

3)         The negative consequences which could occur if the matching funds are not waived.

 

Section 1590.100  Selection Process

 

ICJIA shall make awards in accordance with the evaluation and selection criteria in this Section and any criteria outlined in the Notice of Funding Opportunity (NOFO) posted on ICJIA's website or generated through the statewide Grant Management System. ICJIA will consider the following:

 

a)         whether the applicant meets the eligibility criteria in this Subpart;

 

b)         the financial needs of the applicant; and

 

c)         whether the proposed expenditures are eligible and will comply with GATA, Uniform Guidance, and all other applicable federal and state laws.

 

Section 1590.110  Allowable Expenditures

 

Program Participants shall use financial assistance to reimburse Eligible Persons for the following:

 

a)         emergency or temporary living costs, for up to one year;

 

b)         moving expenses, as defined in this Part;

 

c)         rent, not to exceed the average market rate for a residence of comparable size in the locality in which the Eligible Person resides;

 

d)         utilities, as defined in this Part;

 

e)         security deposits for rent and utilities;

 

f)         other appropriate expenses of relocation or transition as defined by the Program Participant and subject to review and approval by ICJIA;

 

g)         mental health treatment, including, but not limited to substance use treatment; or

 

h)         lost wage assistance.

 

Section 1590.120  Eligible Persons

 

a)         A victim services coordinator or victim coordinator, as defined in the notice of funding opportunity, will determine whether a witness is "actively aiding in the prosecution" of a crime or is at risk of a discernible threat of violent crime.

 

b)         Eligible persons:

 

1)         must not be subject to the Sex Offender Registration Act [730 ILCS 150];

 

2)         must have delivered testimony or provided other assistance in the furtherance of the prosecution of a violent crime that occurred on or after January 1, 2023 or be at risk of a discernible threat of violent crime as determined by the victim services coordinator or victim coordinator;

 

3)         if the Eligible Person is a minor or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on the Eligible Person's behalf and may be eligible for assistance; and

 

4)         must have been a victim of, a witness to, or an appropriately related person to a victim of or witness to a crime in Illinois.

 

c)         Eligible persons may receive funding from Program Participants for up to 60 days following the cessation of assistance with the prosecution of a crime, as determined by a victim services coordinator. If the Program Participant identifies extenuating circumstances wherein funding will be required beyond 60 days, the Program Participant must notify ICJIA in writing.

 

d)         Program Participants will use an eligibility application provided by ICJIA to determine if a victim or witness is an Eligible Person. The application will include the following:

 

1)         information identifying the requesting authority and victim;

 

2)         a description of the related violent crime;

 

3)         identification of the proposed recipient of the financial assistance and the proposed recipient's relationship to the violent crime;

 

4)         the amount and type of financial assistance requested for mental health treatment assistance, relevant insurance and benefits information; and

 

5)         for lost wage assistance, proof of employment, proof of wages and/or salary, and evidence of missed working hours due to the violent crime.

 

e)         Eligibility applications will be retained in accordance with Section 1590.70 in this Part. The eligibility application will not be required to be submitted to the ICJIA but will be subject to audit by the ICJIA when evaluating program performance.

 

Section 1590.130  Reimbursement Requests

 

a)                  All requests for reimbursement of costs paid under the Act must be made by the Illinois Attorney General, the State's Attorney of any Illinois county, or the chief executive of an Illinois police agency in the manner identified by ICJIA in the notice of funding opportunity and or grant agreement.

 

b)                  Requests for reimbursement must be made monthly to the ICJIA.

 

c)                  Program Participants may submit emergency requests for reimbursement at any time, subject to GATA rules.

 

d)                  Requests for reimbursement must include invoices or equivalent documentation verifying expenditures and a signed certification of accuracy and compliance with the Act.

 

e)                  Requests for reimbursement from a State's Attorney's Office must include documentation verifying the amount of matching funds provided by the affected county.

 

f)                   Requests for reimbursement will be reviewed for completeness and the presence of any disqualifying conditions.

 

1)         minor defects/omissions may be corrected through written communication.

 

2)         applications that contain any of the disqualifying conditions cited in Section 1590.130(g) will be returned to the Program Participant with an accompanying letter of explanation.

 

3)         corrected requests for reimbursement may be re-submitted at any time.

 

g)                  ICJIA will not approve requests for reimbursement if:

 

1)         the Program Participant is unable to certify that the claimed expenditures were expended on Eligible Persons;

 

2)         documentation substantiating the amount of requested financial assistance is not included with the request;

 

3)         the Program Participant is on the Stop Pay List, as defined by the GATA rules;

 

4)         the request for reimbursement does not bear the dated signature of the requesting State's Attorney, the Attorney General, the chief executive of an Illinois police agency or a designee; or

 

5)         more than 50% of funding available in any given fiscal year has previously been obligated to the county that initiated the request.

 

h)                  Reimbursements will be disbursed in the order received. In the event requests exceed available funds, the ICJIA may award payment out of chronological order to address life-threatening or other extraordinary circumstances.

SUBPART C: FINANCIAL ASSISTANCE TO ESTABLISH LOCAL VIOLENT CRIME WITNESS PROTECTION PROGRAMS

 

Section 1590.140  Eligibility

 

Financial assistance awarded under this Subpart is available to local law enforcement agencies. State's Attorney's Offices and the Office of the Attorney General are not eligible for funding under this Subpart.

 

Section 1590.150  Selection Process

 

ICJIA shall make awards in accordance with the evaluation and selection criteria of this Section as reflected on a Notice of Funding Opportunity posted on ICJIA's website or generated through the statewide Grant Management System. In evaluating applications, ICJIA will consider the following

 

a)         whether the applicant meets the eligibility criteria in this Part;

 

b)         the financial needs of the applicant;

 

c)         whether the proposed expenditures are eligible and will comply with GATA, Uniform Guidance, and all other applicable federal and state laws; and

 

d)         the ability of the applicant to administer and complete the project within the allowable grant period.

 

Section 1590.160  Allowable Expenditures

 

Financial assistance awarded under this Subpart may be used to establish violent crime witness protection programs. ICJIA will identify allowable expenditures and outline those permitted expenses in a Notice of Funding Opportunity posted on ICJIA's website or generated through the statewide Grant Management System. 

 

Section 1590.170  Grant Disbursements

 

Disbursement of grant funds from ICJIA will be made in accordance with a schedule included in the grant agreement. ICJIA will disburse funds based on the grantee making satisfactory progress to implement grant activities.

 

Section 1590.180  Grant Performance, Administration, Monitoring, and Reporting Requirements

 

a)         Grantees shall comply with all GATA and ICJIA requirements outlined in the grant agreement for grant performance, administration, audits, monitoring, and reporting.

 

b)         Grant performance goals and performance and expenditure reporting will be based on specific grant project activities of each grant award and will follow GATA requirements (44 Ill. Adm. Code 7000.410), which include periodic financial and performance reports at least quarterly and financial and performance close-out reports after the end of the grant term (44 Ill. Adm. Code 7000.440). The deadlines for all required reports will be outlined in the grant agreement.

 

c)         Grant audits shall be based on the standards set forth in the GATA rules (44 Ill. Adm. Code 7000.90).

 

d)         Grantees must monitor their grant activities to assure compliance with applicable State and federal requirements and to assure their performance expectations are being achieved.  ICJIA will monitor the activities of grantees to assure compliance with all requirements and performance expectations of the award.  Grantees shall timely submit all financial and performance reports and shall supply, upon ICJIA's request, documents and information relevant to the award.  ICJIA may monitor activities through site visits.