Section 1560.10  Purpose and Authorization

 

The Illinois Criminal Justice Information Authority (Authority) establishes this Part to exercise its responsibility to apply for, receive, establish priorities for, allocate, disburse and spend grant funds that are made available by private sources [20 ILCS 3930/7(k)], to receive, expend and account for such funds of the State of Illinois as may be made available to further the purposes of the Act [20 ILCS 3930/7(1)], to enter into contracts and to cooperate with units of general local government or combinations of such units, State agencies, and criminal justice system agencies of other states for the purpose of carrying out the duties of the Authority imposed by the Act [20 ILCS 3930/7(m)], to enter into contracts and cooperate with units or general local government outside of Illinois, other states' agencies, and private organizations outside of Illinois to provide computer software or design that has been developed for the Illinois Criminal Justice System, or to participate in the cooperative development or design of new software or systems to be used by the Illinois Criminal Justice System [20 ILCS 3930/7(n)], to establish general policies concerning criminal justice information systems and to promulgate such rules, regulations and procedures as are necessary to the operation of the Authority [20 ILCS 3930/7(o)] and shall, subject to appropriation, establish a sexual assault nurse examiner (SANE) pilot program [20 ILCS 3930/7.1(c)].

 

(Source:  Amended at 24 Ill. Reg. 8243, effective May 30, 2000)

 

Section 1560.20  Definitions

 

"Adverse Action" – The term "adverse action" means any or all of the following with respect to non-federal grant funds administered by the Authority:

 

The suspension by the Executive Director of the performance of an interagency agreement for more than 28 days aggregated within a twelve month period, exclusive of any period of extension that may be granted under Section 1560.40.

 

The termination of an interagency agreement by the Executive Director.

 

            The denial by the Executive Director of a request for a material revision to an interagency agreement.

 

"Budget Committee" – The term "Budget Committee" means the Budget Committee of the Authority as empowered by the Organizational Rules of the Illinois Criminal Justice Information Authority (2 Ill. Adm. Code 1750.340).

 

"Executive Director" – The term "Executive Director" means the Executive Director of the Authority (see 20 ILCS 3930/6 and 2 Ill. Adm. Code 1750.350).

 

"Grantor" – The term "grantor" means any entity that provides the non-federal grant funds to the Authority.

 

"Interagency Agreement" – The term "interagency agreement" means a contract between the Authority and a State agency, unit of local government, or other public or private organization whereby the Authority provides non-federal grant funds to carry out specified programs, services or activities.

 

"Implementing Agency" – The term "implementing agency" means any party, including the Authority, designated to receive funds administered by the Authority pursuant to this Part.

 

(Source:  Amended at 24 Ill. Reg. 8243, effective May 30, 2000)

 

Section 1560.30  Application and Receipt of Non-Federal Grant Funds

 

a)         The authority shall review the funding purposes set forth by the grantor and invite state agencies, units of local government, and private organizations to submit recommendations for implementing such purposes. Based on the specified purposes of the funds and the needs and recommendations of units of local government and private organizations, the Authority shall select funding priorities at a public meeting in conformance with the Open Meetings Act (Ill. Rev. Stat. 1989, ch. 102, par. 41 et seq.) and the Authority's rules (2 Ill. Adm. Code 1750.310 et seq.).

 

b)         Based upon the funding priorities selected by the Authority pursuant to subsection (a) above, the Executive Director shall use the following evaluation criteria to identify those state agencies, units of local government and private organizations eligible for non-federal grant funding:

 

1)         an analysis of need as evidenced by demographic, criminal justice and other data relevant to the purposes set forth by the grantor and resources already available to address that need;

 

2)         comments from the public and state and local officials and private organizations

 

3)         current research findings based on data relating to the purposes set forth by the grantor.

 

            A state agency, unit of local government or a private organization, so identified, shall be contacted by the Executive Director to assess its interest in and ability to qualify for the funds pursuant to the requirements of the grantor and, if so interested and so qualified, to prepare a program description that identifies the problem to be addressed, states goals and objectives, and indicates the means by which the state agency, unit of local government or private organization proposes to achieve those objectives.  A state agency, unit of local government or private organization not so identified by the Executive Director shall, upon written request to the Executive Director, be included among those state agencies, units of local government and private organizations evaluated by the Executive Director pursuant to the criteria described herein.

 

c)         The Budget Committee shall, at a public meeting, designate programs, implementing agencies and amounts for funding which address one or more of the purposes specified by the Authority in subsection (a) above consistent with the conditions of the grant award.  The Budget Committee's decision to designate these programs, implementing agencies, and fund amounts shall be based upon equal consideration of the following factors:

 

1)         the recommendations of the Executive Director made pursuant to subsection (b) above;

 

2)         comments from the public, state and local officials and private organizations;

 

3)         the proven effectiveness of a program, by making a prudent assessment of the problem to be addressed by a proposed program;

 

4)         the likelihood that a program will achieve the desired objectives, by making a prudent assessment of the concepts and implementation plans included in a proposed program and by the results of any evaluations of previous tests or demonstrations;

 

5)         the availability of funds;

 

6)         the overall cost of the program; and

 

7)         the ability to continue with the program once grant funds are no longer available.

 

d)         The Executive Director shall enter into interagency agreements with those implementing agencies designated by the Budget Committee pursuant to subsection (c) above, specifying the terms and conditions under which the programs, services, or activities are to be conducted and the non-federal grant funds are to be received.  If the Authority is the designated implementing agency, then the Executive Director shall document such terms and conditions which, to become effective, must be accepted in writing by the Chairman of the Authority.  The terms and conditions shall include but not be limited to reporting requirements that reflect fiscal expenditures and progress toward program objectives, compliance with applicable laws and regulations, the prohibition of subcontracting or assignment of agreements without prior written approval of the Authority, and the status of the implementing Agency as an independent contractor.

 

Section 1560.31  Application and Receipt of Sexual Assault Nurse Examiner (SANE) General Revenue Funds

 

a)         The Illinois General Assembly intends to create a sexual assault nurse examiner (SANE) pilot program to establish SANE projects geographically distributed throughout Illinois. Subject to an appropriation of general revenue funds ("SANE funds") from the Illinois General Assembly, the Illinois Criminal Justice Information Authority ("Authority") will implement the SANE pilot program, including SANE pilot projects in hospital emergency rooms geographically distributed throughout Illinois. For each SANE pilot project, specially trained sexual assault nurse examiners or specially trained sexual assault physician examiners will provide health assessments, collect forensic evidence from sexual assault victims in the emergency room, and testify to victims' injuries during criminal prosecutions of sex offenses.

 

b)         The Authority shall review the funding purposes of the SANE pilot program set forth by authorizing legislation [20 ILCS 3930/7.1] and invite eligible hospitals to submit proposals to implement the SANE pilot program through a request for proposal (RFP) process. Based on the authorizing legislation and the proposals received in response to the Authority's RFP, the Authority shall select proposals for SANE funding at a public meeting in conformance with the Open Meetings Act [5 ILCS 120] and the Authority's rules (2 Ill. Adm. Code 1750.310 et seq.).

 

c)         The Executive Director of the Authority shall develop an RFP based on the following criteria:

 

1)         the SANE pilot program authorizing legislation [20 ILCS 3930/7.1];

 

2)         requirements imposed on the Authority and potential recipient implementing agencies by applicable law, regulations and guidelines;

 

3)         the nature and complexity of the SANE pilot program;

 

4)         the types of hospitals eligible to receive SANE funds; and

 

5)         current research findings, and demographic, medical, social science, criminal justice and statistical data that is relevant to SANE program purposes.

 

d)         RFPs developed pursuant to the criteria described in subsection (c) above shall include:

 

1)         the purposes, goals and objectives of the SANE pilot program, and the types of SANE pilot projects and costs that will be considered for funding;

 

2)         requirements that implementing agencies receiving SANE funds must meet, and adhere to, such as hospital eligibility requirements and fiscal, progress and closeout reporting requirements;

 

3)         certifications required by law, including, but not limited to, the State of Illinois Drug-Free Workplace certification and State bribery and bid-rigging certifications;

 

4)         descriptive information that applicants will be required to provide regarding the proposed SANE pilot project, including a description of the applicant hospital and the programs and services it currently provides to victims of sexual assault; a summary of the proposed project; a statement of the need for, and the goals and objectives of, the project; the strategy the applicant will undertake to meet the goals and objectives of the project, which should include the training of project staff through an approved SANE training program; an implementation schedule for the project that includes activities to be undertaken to accomplish each objective, the person responsible for each activity and the expected completion date for each activity; and a project budget that explains how budgeted items are related and necessary to the project and how costs were calculated;

 

5)         the criteria by which the Executive Director of the Authority will review and recommend proposals for funding; such criteria shall be given an associated weight and shall include:

 

A)        the adequacy with which the proposed SANE pilot project reflects the purposes, goals and objectives of the SANE pilot program;

 

B)        whether the applicant is an eligible hospital as defined by SANE pilot program requirements;

 

C)        the adequacy with which the applicant describes and supports the need for the SANE pilot project within the applicant's hospital emergency room;

 

D)        the qualifications of key personnel that will perform SANE pilot project activities;

 

E)        the technical merit of the proposed SANE pilot project design, as reflected in the proposal received by the Authority; this criteria includes an assessment of the sufficiency of the proposed project in addressing the purposes, goals and objectives of the SANE pilot program; an assessment of the methods by which the proposed project will implement and adhere to SANE programmatic and training requirements and standards; and an assessment of how the applicant will administer the project, both fiscally and programmatically, to achieve the purposes, goals, objectives, and project duration requirements of the SANE pilot program;

 

F)         the applicant's capability to carry out the goals and objectives of the SANE pilot program in the manner reflected in the proposal received by the Authority;

 

G)        the adequacy of the proposed project budget, which includes an assessment of the reasonableness and allowability of the costs that were estimated and included in the budget;

 

H)        the applicant's ability and commitment to providing victim centered services to victims of sexual assault and collaboration with other organizations and agencies to improve the response to sexual assault victims;

 

I)         the ability of the applicant to sustain the SANE pilot project if State or federal funding is not available; and

 

J)         any additional criteria that would further SANE program purposes;

 

6)         the method and deadline by which, and location where, proposals must be received by the Authority;

 

7)         the total amount of SANE funding available for distribution through the RFP process, and the maximum amount of SANE funding that eligible implementing agencies may apply for through the submission of an RFP;

 

8)         the required project duration requirements of the SANE pilot program in accordance with the program authorizing legislation [20 ILCS 3930/7.1]; and

 

9)         any other information that would further SANE program purposes.

 

e)         Based upon SANE pilot program authorizing legislation and the above proposal review criteria, the Executive Director shall identify those applicants with the best proposals that are geographically distributed throughout the State, and recommend those applicants for SANE funding approved by the Budget Committee.

 

f)         The Budget Committee shall, at a public meeting, designate implementing agencies and amounts for SANE pilot projects that are geographically distributed throughout the State. The Budget Committee's decision to designate SANE pilot projects, implementing agencies, and fund amounts shall be based upon the recommendations of the Executive Director and the criteria set forth in the RFP, as described in subsection (d) above; Budget Committee designations shall be made at a public meeting conducted in conformance with the Open Meetings Act.

 

g)         The Executive Director shall enter into interagency agreements with those implementing agencies designated by the Budget Committee, specifying the terms and conditions under which the SANE pilot projects are to be conducted and SANE funds are to be received. The terms and conditions shall include but not be limited to reporting requirements that reflect fiscal expenditures and progress in meeting SANE pilot program objectives, compliance with applicable laws and regulations, the prohibition of subcontracting or assignment of agreements without prior written approval of the Authority, and the status of the implementing agency as an independent contractor.

 

h)         No later than two years after the SANE pilot projects are established, the Authority shall report to the Illinois General Assembly on the efficacy of the SANE pilot program.

 

(Source:  Added at 24 Ill. Reg. 8243, effective May 30, 2000)

 

Section 1560.40  Administration of Non-Federal Grant Funds

 

a)         All implementing agencies shall operate in conformance with the following State laws, when applicable, hereby incorporated by reference:  the Illinois Grant Funds Recovery Act [30 ILCS 705]; the Illinois Procurement Code [30 ILCS 500]; and the State Comptroller Act [15 ILCS 405].  The laws and rules incorporated by reference in this subsection do not include any subsequent amendments or editions.  The Authority shall maintain a copy of said incorporated materials and shall make them available for public inspection or copying upon request at no more than cost.

 

b)         Notwithstanding subsection (c) below, the Executive Director shall suspend performance of any interagency agreement for a period not to exceed 28 days where there has been a determination of nonconformance with any federal or State law or rule, such laws specified in subsection (a) above, or the terms or conditions of the agreement.  The Executive Director shall reinstate performance of an agreement that has been so suspended if the nonconformance is corrected within 28 days from the date of suspension.  However, notwithstanding subsection (c) below, an interagency agreement, for which performance has been suspended, shall be terminated by the Executive Director if performance of the interagency agreement is not reinstated within 28 days from its suspension.  Written notice of all such actions by the Executive Director shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within 5 working days.

 

c)         Upon the request of an implementing agency, the Executive Director shall extend the length of time performance of an interagency agreement may be suspended beyond 28 days for an additional period not to exceed 14 days, if the nonconformance for which the performance of the agreement was suspended can be corrected within the extension period and the correction would result in fulfillment of the terms of the agreement.  An extension shall be granted by the Executive Director only with the consent of the Chairman of the Budget Committee or in the event the Chairman of the Budget Committee is unavailable for consultation, the Chairman of the Authority.  Since an extension granted by the Executive Director pursuant to this subsection is initiated by the implementing agency, it shall not be deemed an adverse action under this Part. However, an interagency agreement, for which the period of suspended performance has been extended pursuant to this subsection, shall be terminated by the Executive Director if performance of the interagency agreement has not been reinstated by the Executive Director before the extension period has expired.  Termination may then be appealed as provided by Section 1560.60.  Written notice of all such action by the Executive Director shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within  5 working days.

 

d)         The Executive Director shall immediately terminate any interagency agreement for any reason of nonconformance specified in subsection (b) above, if performance of the agreement has been suspended on at least one prior occasion or if such nonconformance cannot be corrected by the implementing agency in less than 28 days from the date of termination.  Written notice of termination by the Executive Director shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within 5 working days.

 

e)         The Executive Director shall approve any revision to an interagency agreement if action is necessary to fulfill the terms of the agreement.  Material revisions shall be reported to the Budget Committee members at or before the next Budget Committee meeting.  However, if a request by an implementing agency for a material revision to an interagency agreement is denied by the Executive Director, written notice of denial shall be submitted to the implementing agency and members of the Budget Committee as soon as possible, but within 5 working days.

 

(Source:  Amended at 24 Ill. Reg. 8243, effective May 30, 2000)

 

Section 1560.50  Appeals

 

a)         The appeals procedures for this Part are subject to provisions of Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art.10].

 

b)         An implementing agency may appeal any adverse action of the Executive Director by writing to the Budget Committee within 14 days from the day the notice of adverse action is mailed to the implementing agency. This written appeal shall contain specific reasons stating why the adverse action taken by the Executive Director should be modified and the action requested of the Budget Committee and shall be signed by the implementing agency's authorized official.

 

c)         If no timely appeal is taken from an adverse action, such action of the Executive Director will be deemed the final action of the Budget Committee, and Authority members shall be notified within 5 business days or before the next Authority meeting, whichever is sooner – by phone, mail or written equivalent – of the action of the Executive Director.

 

d)         When an appeal is timely filed, the Chairman of the Budget Committee shall arrange for the Committee to hear and decide the appeal within 49 days of the receipt of the written appeal.  The implementing agency shall have the right to appear before the Committee and to be represented at the hearing by counsel and shall be notified of the hearing date at least 7 days prior to the hearing.

 

e)         At the hearing, the Budget Committee shall consider the written appeal to the adverse action submitted pursuant to subsection (b), any written response to that appeal by Authority staff, and any testimony given by the implementing agency or Authority staff to questions posed by Committee members.

 

f)         The Budget Committee shall render a decision on the appeal before adjourning the hearing.

 

g)         In accordance with the Organizational Rules of the Illinois Criminal Justice Information Authority (2 Ill. Adm. Code 1750.340), Authority members shall be notified within 5 business days or before the next Authority meeting whichever is sooner – by phone, mail or written equivalent – of all appeal decisions made by the Budget Committee.  Within 10 business days after receipt of such information, a special meeting of the Authority shall be convened upon signed request of 5 Authority members, for the purpose of fully discussing such action taken by the Budget Committee and to supersede the authorization granted to that Committee to act upon the Authority's behalf in any particular appeal.  If no action is taken by the Authority, the decision of the Budget Committee shall be deemed the final action of the Authority.  Meetings shall be conducted in conformance with the Open Meetings Act [5 ILCS 120] and the Authority's rules (2 Ill. Adm. Code 1750.310 et seq.).

 

(Source:  Amended at 24 Ill. Reg. 8243, effective May 30, 2000)