Opportunity Information: Apply for BJA 2010 2466
Apply for BJA 2010 2466
- The Bureau of Justice Assistance in the law, justice and legal services sector is offering a public funding opportunity titled "BJA FY 10 Capital Case Litigation Initiative" and is now available to receive applicants.
- Interested and eligible applicants and submit their applications by referencing the CFDA number(s): 16.746 Capital Case Litigation Initiative.
- This funding opportunity was created on Mar 25, 2010 and posted on Jan 12, 2010.
- Applicants must submit their applications by Apr 27, 2010. (Agency may still review applications by suitable applicants for the remaining/unused allocated funding in 2026.)
- Each selected applicant is eligible to receive up to $375,000.00 in funding.
- Eligible applicants include: Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education State governments Nonprofits that do not have a 501(c)(3) status with the IRS, other than institutions of higher education Others (see text field entitled Additional Information on Eligibility for clarification).
- For Category 1, applicants are limited to state agencies in states that authorize capital punishment and that conduct, or will conduct, prosecutions in which capital punishment is sought. For the state agency to be eligible, it must have an effective system for providing competent legal representation for indigent defendants in capital cases. An effective system is defined in 42 U.S.C. 14163(e) as a system that invests the responsibility for appointing qualified attorneys to represent indigent defendants in capital cases (A) In a public defender program that relies on staff attorneys, members of the private bar, or both, to provide representation in capital cases (B) In an entity established by statute or by the highest state court with jurisdiction in criminal cases, which is composed of individuals with demonstrated knowledge and expertise in capital cases, except for individuals employed as prosecutors or (C) Pursuant to a statutory procedure enacted before the date of the enactment of this Act October 30, 2002 under which the trial judge is required to appoint qualified attorneys from a roster maintained by a state or regional selection committee or similar entity. Applicants must identify in the program abstract (see page 6) which effective system their state has in place. Applicants that do not identify an effective system in their abstract will NOT be eligible for an award. Grants awarded under this solicitation may not be used to fund, directly or indirectly, representation or prosecution of specific cases. For Category 2, applicants are limited to public and nonprofit organizations and for profit entities that agree to waive all profits and fees that have experience and expertise in forensic evidence. For Categories 3 and 4, applicants are limited to public and nonprofit organizations and for profit entities that agree to waive all profits and fees that have expertise in litigating death penalty cases as well as providing training to prosecutors and defense attorneys respectively.
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Opportunity Summary:
The BJA FY 10 Capital Case Litigation Initiative (CCLI) is a discretionary grant program run by the U.S. Department of Justice, Bureau of Justice Assistance, under the authority of 42 U.S.C. 14163 et seq. Its main goal is to strengthen the quality of work performed in state death penalty cases by funding high-quality training on capital litigation issues. The emphasis is on improving the legal representation available to indigent defendants in capital cases while also enhancing prosecutors ability to represent the public effectively. A key boundary in the program is that awarded funds cannot be used, directly or indirectly, to support the prosecution or defense of any specific capital case; the money is meant for training and capacity-building, not casework.
This opportunity was posted on January 12, 2010 (Funding Opportunity Number BJA 2010 2466) under CFDA 16.746, Capital Case Litigation Initiative, within the Law, Justice and Legal Services category. The funding instrument is a grant, and there is no cost sharing or matching requirement. The maximum award amount listed is $375,000, with no stated minimum award (award floor of $0). The original closing date was March 11, 2010, later extended to April 27, 2010, and the opportunity was archived on May 27, 2010.
Eligibility depends on the category of funding being pursued, and the solicitation sets out very specific limits. For Category 1, only state agencies in states that authorize capital punishment are eligible, and those agencies must conduct (or plan to conduct) prosecutions in which the death penalty is sought. In addition, the state agency must have what the statute calls an "effective system" for providing competent legal representation to indigent defendants in capital cases. Under 42 U.S.C. 14163(e), an "effective system" means the state places responsibility for appointing qualified capital defense counsel in one of three ways: through a public defender program using staff attorneys, private bar attorneys, or both; through a specialized entity created by statute or the states highest criminal court and made up of individuals with demonstrated capital case expertise (excluding prosecutors); or through a statutory procedure enacted before October 30, 2002 that requires a trial judge to appoint qualified attorneys from a roster maintained by a state or regional selection committee or similar body. Applicants pursuing Category 1 funding must explicitly identify, in the program abstract, which of these "effective system" structures their state uses. If the abstract does not identify an effective system, the applicant is not eligible for an award.
For Category 2, applicants are limited to public and nonprofit organizations, as well as for-profit entities that agree to waive all profits and fees, provided they have experience and expertise in forensic evidence. For Categories 3 and 4, applicants are similarly limited to public and nonprofit organizations and for-profit entities that waive profits and fees, but the focus is different: these applicants must have expertise in litigating death penalty cases and in providing training. Category 3 and Category 4 distinguish training audiences, with one geared toward prosecutors and the other toward defense attorneys, reflecting the initiatives dual purpose of improving both defense representation for indigent defendants and prosecutorial effectiveness in capital litigation.
The solicitation lists broad eligible applicant types in its general fields, including state governments and nonprofits (both 501(c)(3) and non-501(c)(3), excluding institutions of higher education), as well as "others" as clarified in the full announcement. In practice, though, the category-specific eligibility rules above control who can apply and under what conditions, particularly the requirement that some for-profit participants must operate on a no-profit, no-fee basis to be eligible.
For applicants needing help accessing the full announcement, the contact provided is Al Roddy for technical application support at 202 353 1881.
Capital Case Litigation Initiative (CCLI) Grant FAQs
What is the BJA FY 10 Capital Case Litigation Initiative (CCLI)?
The BJA FY 10 Capital Case Litigation Initiative (CCLI) is a discretionary grant program administered by the U.S. Department of Justice, Bureau of Justice Assistance (BJA), under the authority of 42 U.S.C. 14163 et seq. The program is designed to strengthen the quality of work performed in state death penalty cases by funding high-quality training on capital litigation issues.
What is the main purpose of this grant program?
The main purpose is to improve the quality and effectiveness of capital litigation through training and capacity-building. The program emphasizes improving legal representation available to indigent defendants in capital cases while also enhancing prosecutors' ability to represent the public effectively.
Can grant funds be used to prosecute or defend a specific capital case?
No. Awarded funds cannot be used, directly or indirectly, to support the prosecution or defense of any specific capital case. The funding is intended for training and capacity-building, not casework tied to an individual case.
Who runs this funding opportunity?
This opportunity is run by the U.S. Department of Justice, Bureau of Justice Assistance (BJA).
What is the legal authority for the program?
The program is authorized under 42 U.S.C. 14163 et seq.
What is the Funding Opportunity Number and CFDA number?
The Funding Opportunity Number is BJA 2010 2466. The CFDA number is 16.746 (Capital Case Litigation Initiative).
What type of funding instrument is used?
The funding instrument is a grant.
Is cost sharing or matching required?
No. There is no cost sharing or matching requirement listed for this opportunity.
What is the maximum award amount?
The maximum award amount listed is $375,000.
Is there a minimum award amount?
No minimum award amount is stated. The award floor is listed as $0.
When was this opportunity posted?
The opportunity was posted on January 12, 2010.
What were the application deadlines?
The original closing date was March 11, 2010, and it was later extended to April 27, 2010.
When was the opportunity archived?
The opportunity was archived on May 27, 2010.
What category does this funding fall under?
The opportunity is listed within the Law, Justice and Legal Services category.
How does eligibility work for this solicitation?
Eligibility depends on the category of funding being pursued, and the solicitation sets out specific limits for each category. The category-specific rules control who can apply and under what conditions.
Who is eligible under Category 1?
Under Category 1, only state agencies in states that authorize capital punishment are eligible. The agency must conduct (or plan to conduct) prosecutions in which the death penalty is sought. The agency must also have an "effective system" for providing competent legal representation to indigent defendants in capital cases, as described in 42 U.S.C. 14163(e).
What does an "effective system" mean for Category 1 eligibility?
Under 42 U.S.C. 14163(e), an "effective system" means the state places responsibility for appointing qualified capital defense counsel in one of three ways: (1) through a public defender program using staff attorneys, private bar attorneys, or both; (2) through a specialized entity created by statute or the state's highest criminal court and made up of individuals with demonstrated capital case expertise (excluding prosecutors); or (3) through a statutory procedure enacted before October 30, 2002 that requires a trial judge to appoint qualified attorneys from a roster maintained by a state or regional selection committee or similar body.
What must Category 1 applicants include in the program abstract?
Applicants pursuing Category 1 funding must explicitly identify in the program abstract which of the "effective system" structures their state uses. If the abstract does not identify an effective system, the applicant is not eligible for an award.
Who is eligible under Category 2?
Category 2 applicants are limited to public and nonprofit organizations, as well as for-profit entities that agree to waive all profits and fees. Applicants must have experience and expertise in forensic evidence.
Who is eligible under Categories 3 and 4?
Categories 3 and 4 are limited to public and nonprofit organizations and for-profit entities that waive profits and fees. These applicants must have expertise in litigating death penalty cases and in providing training.
How do Categories 3 and 4 differ?
Categories 3 and 4 distinguish the training audiences. One category is geared toward prosecutors and the other is geared toward defense attorneys, reflecting the program's dual purpose of improving both indigent defense representation and prosecutorial effectiveness in capital litigation.
Are for-profit organizations allowed to apply?
For-profit entities may be eligible in Categories 2, 3, and 4 only if they agree to waive all profits and fees (operate on a no-profit, no-fee basis), as stated in the solicitation.
Do the general eligibility fields override the category-specific eligibility rules?
No. While the solicitation lists broad eligible applicant types in general fields (including state governments and nonprofits, excluding institutions of higher education), the category-specific eligibility requirements control who can apply and under what conditions.
Who can be contacted for technical application support or help accessing the full announcement?
The contact provided for technical application support is Al Roddy at 202 353 1881.
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