FY25 Capital Case Litigation Initiative Notice of Funding Opportunity

2025 Capital Case Litigation Initiative (CCLI) Notice of Funding Opportunity (NOFO) Webinar

Serena Roche: Hello everyone. Today's webinar, Bureau of Justice Assistance (BJA), fiscal year 2025 Capital Case Litigation Initiative (CCLI) Notice of Funding Opportunity (NOFO) will be presented by BJA's Grant management specialist Gregory Torain and will provide an overview of the funding process. Thank you again for watching. Now let's turn things over to Gregory.

Gregory Torain: All right. Thanks, Serena. Hello, welcome everyone to the Capital Case Litigation Initiative Improving the Quality of Legal Representation in State Capital Cases. Notice of Funding Opportunity Webinar.

My name is Gregory Torain. I serve as senior policy advisor here at BJA and I manage our capital case litigation [initiative] program.

Today's agenda we will go over what is the Office of Justice Programs (OJP)? Provide an overview of the capital case litigation [initiative] program. I'll go over details related to the notice of funding opportunity as well as the grant process and then various application resources to help you submit your application and then provide you with information on how you can ask questions after this webinar.

So what is the Office of Justice Programs? The Office of Justice Programs provides grant funding, training, research and statistics to the criminal justice community. We are one of three grant-making components within Department of Justice. The other is the Office of Violence Against Women and the Office of Community Oriented Policing Services on the right side of your slide, you'll see the various entities that fall within the Office of Justice Programs. Where I sit is BJA, the Bureau of Justice Assistance. Then you have BJS, the Bureau of Justice Statistics that provide criminal justice related statistics, and then you have the National Institute of Justice that provide criminal justice related research and evaluation. And then the Office for Victims of Crimes that provides funding to support victims, OJJDP, the Office of Juvenile Justice and Delinquency Prevention that provides funding to support juvenile justice related programs, and then the SMART office that focus on sex offenders.

The Bureau of Justice Assistance was created in 1984 to reduce violent crime, create safer communities and reform our nation's criminal justice system. BJA strengthened the nation's criminal justice system and helped American state, local and tribal jurisdictions reduce and prevent crime. Reduce recidivism and promote a fair and safe criminal justice system. BJA focused on its programmatic and policy efforts on providing a wide range of resources, including training and technical assistance. To law enforcement, courts, corrections, treatment, reentry, justice, information sharing, and community-based partners to address chronic and emerging criminal justice challenges nationwide. We are led by our director, Tammie Gregg.

So how do we support the field? We do it in three different ways. Through our investments, our sharing of knowledge and our engagement. An example of that would be through our notice of funding opportunities where we put funding to go out to communities to support our goals. We do it through our sharing of knowledge, through research. We fund research, also working with our federal partners, at National Institute of Justice to do research related to the programs that we fund. To understand the inner workings of our program as well as our engagement, doing listening sessions, working with our national, and state partners and local partners to understand what's happening out in the field to take that information from our engagement from that shared knowledge and then put that back into our investments to ensure that applicants and grantees are implementing programs with the latest information.

Moving on to a funding purpose, funding supports both prosecutor and defense attorneys in state capital cases. Prosecutor funding helps them represent public effectively. Defense funding improves the quality of legal representation for defendants, and overall, the goal is for fair, well handle capital case proceedings.

For capital prosecution, funding may be allowed to use for enhancing the ability of prosecutors to effectively represent the public by accomplishing one or more of the following. Support better training and resources for state and local prosecutors. Set clear standards for who should handle capital cases, review performances to make sure cases are handled effectively and consistently. In addition. Support legal reforms to minimize potential errors in the trial of capital cases. Support system reviews in which death sentence is imposed in order to identify cases in which post-conviction DNA testing may be appropriate, and lastly, provide support and assistance to families of murdered victims. Now moving on to capital representation.

Establishing, implementing or improving an "effective system" for providing competent legal representation to people who are indigent. Charged with an offense subject to capital punishment. Those who have been sentenced to death and who seek appellate or collateral relief in state courts and those who have been sentenced to death and who seek review in the Supreme Court of the United States. For definitions for both an effective system and legal representation, please refer to the NOFO under the "General Purpose for Funding" area.

Now moving on to the details related to the NOFO. Eligibility requirements, those eligible to apply are state governments for the purpose of this NOFO "state" means any state agency in states that authorize capital punishment and that conduct or will conduct prosecutions in which capital punishment is sought. Also referenced in this section of the NOFO, the limit on the number of applications.

An applicant may submit only one application in response to this NOFO. Applications under which two or more entities which may serve as partners in the application would carry out the federal award will be considered. However, only one entity may be the applicant for the NOFO and others must be proposed as a subrecipient.

So what this means is if you apply, you can only apply to one application, and if you're looking to apply, including a partner, then only one can serve as the actual applicant. The other would have to serve as a subrecipient. BJA encourages applicants to submit an application with our partners. Those are usually our strongest applications. An entity may be proposed as a subrecipient in more than one application. See the application guidelines or resource guide for additional information on sub awards.

Agency funding priorities. In order to advance public safety and help meet its Mission OJP will provide priority consideration to applicants that propose, as applicable, within the scope of funding opportunity projects designed to advance the goals listed on this slide, that being directly supporting law enforcement operations, combatting violent crime, supporting service to American citizens. Protecting American children and lastly, supporting American victims of trafficking and sexual assault.

In terms of the goals and objectives of this program, goal one is to enhance the effectiveness of prosecutors in state capital cases. That includes setting baseline standards, qualifications and training for prosecutors that are aligned with the state and local needs. In addition, supporting strategies which may include legal reforms, case review, forensic testing, victim services, and are aligned with state and local priorities. Goal two, strengthen defense representation in state capital cases for defendants who are indigent. That includes establishing a qualification framework for defense counsel that is consistent with state requirements, which may include maintaining a roster of attorneys who meet these standards and secondly, expand training, support and resources for defense counsel consistent with state needs and available resources.

Now we'll talk a little bit about unallowable costs. Definitely read this section very carefully to understand what you can use. Funding for and what you may not be able to use funding for. What I will highlight here on this slide, specific to this notice of funding opportunity is the note below which indicates grant award shall not be used to fund directly or indirectly representation in specific capital cases. Again, make sure when you're working to submit your application that you understand what's allowable, what's not allowable under this notice of funding opportunity?

For the Federal award information. This program is funded to the amount of four point $4.1 million. We anticipate making up to 9 awards. These awards are for 36 months or three years and the maximum amount of funding will be up to $450,000. What that means in terms of up to $450,000, depending on your jurisdiction, the state that is applying based off your need, you might not need the $450,000. You can request $200,000, $300,000 but the maximum is $450,000. We highly recommend you do request the maximum amount for this funding.

OK, basic minimal requirements. These are the critical elements of your notice of funding opportunity. This information must be submitted, if not, the application will not make it past the initial review process. What's entailed in that? That's the SF 424, which will be covered in much more detail during the apply to OJP funding overview section of the webinar. We'll talk a little bit about the proposal abstract, proposal narrative, budget detail web-based form, timeline web-based form and the state certification of capital punishment authorization. Please refer to the NOFO application checklist as it will serve as an overall aid in developing your application.

Abstract. The proposal abstract is a brief summary of your proposed project that is publicly available, so that the project is awarded. Be sure that it does not contain any personally identifiable information. What's in the project abstract? The project name. What is the purpose of the project? What areas are going to be served? Who will be served? What are the activities that will be done as part of the project? Who are your partners? If there's any subrecipients? Research partners and what are your deliverables and outcomes of the project? Important to note that it should be no more than 2000 characters. Paragraph form. No bullets or tables and written in Paragraph form. No bullets or tables and written in third person.

Next is the proposal narrative, which provides much more detail about your proposed project, including the problems and the needs It will address, goals and objectives, project design and your organization’s ability to implement the project. Proposal narrative must be double spaced. 12-point font, 1-inch margins, and no more than 15 pages and the pages should be numbered. 1 of 15, 2 of 15, 3 of 15. Et cetera. Note, if the proposal narrative fails to comply with these restrictions, OJP may consider such noncompliance in peer review and in final award decision.

Helpful note. Tables and charts project timelines and resumes may be submitted as separate attachments and will not count towards the 15-page limit.

For the proposal narrative, applications are scored using 5 review areas. The problem statement explains the issue being addressed and is worth 15% of the overall score, goals and objectives described. What the project aims to achieve at 15% Project design and implementation shows how the work will be carried out and is the most important factor representing 40% of the overall score. Capabilities and competencies assess the applicant's experience and capacity. At 20% and the budget reviews, whether costs are reasonable and justified at 10%. One thing I would recommend when you're completing your application As you can see both the project design and implementation and capabilities and competence represent 60% of the overall score. So you may want to put most of your attention in those areas when you're completing the application process.

Your budget should align with your proposal narrative and clearly explain how each cost will support the project. Cost should be reasonable and necessary for the proposed project. It should be completed in JustGrants. We have a link here about how and what the process is to submit the budget and to develop the budget and specific to this notice of funding opportunity, note below budget proposal should reflect equal allocation of funds between capital prosecution. And capital representation. Uses as set out in the US code indicated below.

Timeline. This also is attached. It's a critical element of the application and it's attached in JustGrants. The timeline should provide a summary of the goals, objectives, deliverables, and timelines that relate to the proposal narrative. Projected fiscal year and quarter that each objective and deliverable will be completed.

Moving on to the state certification and capital punishment authorization, this is required for all applications. Again, it's a critical element. It is to be uploaded in JustGrants. The applicant entity, including its official and personnel, confirms that state authorizes capital punishment under its laws and conducts or will conduct prosecution in which capital punishment is sought. Important note, the certification is a template within the NOFO. This is what the certificate looks like on your right hand side you are to click on the link in the NOFO to download the certification. Fill out the required information sign and attach in JustGrants.

Program requirements. Awardees must submit an annual report showing how funds were spent for capital prosecution. States must explain how they qualify prosecutors. Reduce errors. Review case of possible DNA testing and support crime victims. For capital representation, states must explain how they appoint, train and oversee qualified defense attorneys for indigent defendants. Reporting must meet federal requirements under the cited US code section.

Now moving on to the funding process. Before applying for funding, your entity must register with SAM.gov to obtain a Unique Identity Identifier and you must maintain an active SAM.gov registration status at all times. For entities new to SAM.gov, the registration process can take time, so start early at any point during the year to be sure that your status reaches active before you need to submit a funding application. It is recommended to begin this process at least 30 days before the 1st application deadline. Review your registration at SAM.gov every 12 months. Even if you've applied for a federal grant before you need to check your registration is current and renew it if it is not. Applicants who do not have an active SAM.gov status will not be able to complete. Applicants who do not have an active SAM.gov status will not be able to complete. Step 1 of the application process in Grants.gov.

Also, be sure your organization's point of contacts in SAM.gov especially the Electronic Business Point of Contact or EBiz POC are current. The EBiz POC may receive notices about time sensitive actions. They need to take during the application process.

Applications are submitted to DOJ electronically through a two-step process and you will be required to register and add users in two different systems. For Step 1, you'll need to submit the Application for Federal Assistance or the SF 424 in Grants.gov. For Step 2, you'll complete the full application, in JustGrants, which is DOJ grant management system. Note that we recommend completing each section at least 48 hours before the deadline. Not waiting until the deadline to submit materials. That's to ensure you have time to address unexpected errors and make corrections as needed.

And as a reminder, the Grants.gov dealine is ealier than the JustGrants deadline.

Few important points about Grants.gov. Be sure everyone you plan to have work on your funding application can access and take action in Grants.gov. Do this in advance of the application to be sure you're ready to submit when the time comes. Grants.gov will only allow entities with an active SAM.gov registration status to submit an application for federal assistance. So, check to be sure your registration is not expiring soon.

One common question about the SF 424 is, do I need a firm budget amount to submit this form? The answer is no. You can provide an estimate on the form and then update your funding request in JustGrants. Once submitted, the SF 424 helps to pre-populate standard information in your JustGrants application.

One other note about the SF 424. The individual listed in Section 8F of this form is automatically identified as the application submitter in JustGrants, so be sure that that person is checking their e-mail and is prepared to complete the application in JustGrants during Step 2. If this is your entity's first DOJ application, your SAM.gov EBiz point of contact will also application, your SAM.gov EBiz point of contact will also need to monitor their emails and prepare to take action to onboard your entity into JustGrants as you move to Step 2.

You can find more information about the SF-424 in the links provided in the NOFO. DOJ made one change to the Grants.gov step this year. We're no longer requiring every applicant to submit an SF-LLL in Grants.gov. Instead, applicants will be asked about their lobbying activities in JustGrants.

Your JustGrants application will align with the requirements described in the NOFO. The standard application information and JustGrants is pre-populated with data from your SF-424. You'll need to review and make edits to the information in JustGrants. You do not need to go back and make changes in the SF-424 in Grants.gov. Just be sure that the information in the JustGrants application is accurate and complete.

So I already covered many of these in the earlier slides. But for the MOU, or partner letters of support, these should reflect partnerships and show agreements to support the project through commitment and staff time, space services or other project needs. Additional application components may be required. Be sure to read through this section of the NOFO carefully. You'll also need to address multiple Disclosure and Assurances in your application. These questions guide applicants through programmatic, financial and legal topics to ensure applicants understand what's required.

After the JustGrants deadline has passed, OJP will thoroughly review all applications. This process typically takes several months. First, we check to confirm that the application contains the basic minimum requirements that were described in the funding opportunity. For applicants that miss these requirements, you'll receive a notice that your application has been eliminated from further review. For competitive opportunities, peer reviewers who are subject matter expert assess technical merits of an application. OJP staff then assess applicants based on factors such as geographical diversity. Past performance and whether the applicants are likely to meet the funding opportunities, goals and objectives. We then evaluate the fiscal integrity of the application. Examine proposed costs and determine whether the budget and budget narrative accurately explains the project cost and whether those costs are allowable and reasonable. Finally, OJP reviews potential risks presented by applicants prior to making an award. These pre-award risk assessments take into account a variety of factors including an applicant's financial capability. And past performance. During the review process, OJP may contact you to clarify program and budget details.

Applicants are often eager to learn about how their application is progressing through the review process Unfortunately, DOJ staff, including user support and OJP Response Center, cannot share any information with you until final awards have been made public. You can visit OJPs Grant Awards website to see all OJP awards made by year program and even locality. The site is updated as awards are made. If your application is selected specific JustGrants users for your organization will be notified by e-mail of an award and they will also see the award in their JustGrants account. If you receive a notice of an award, you must. Take specific steps in JustGrants to accept or decline it. The DOJ Award Acceptance checklist on the JustGrants Resource website can walk you through those steps.

Now moving to application resources. Now moving to application resources. Here you have the OJP Grant application resource guide. It provides information related to how to apply for the funding in detail step by step at the bottom of the page is a link to the application resource guide.

Moving on to JustGrants resource website, here is a lot of information that you'll be able to attain and learn more about the JustGrants system and how to apply through the JustGrants system.

For assistance in submitting your application through Grants.gov. Here is the customer support hotline as well as point of contact information website and e-mail. As well as for JustGrants, in terms of having or requiring assistance for submitting your application in JustGrants, we also have customer support as well as e-mail to make contact if you have questions regarding submitting your application through JustGrants.

And if you're looking to stay connected with BJA, you can do it through our Facebook, our X account. Through YouTube, through our QR code, for any news about what's going on with BJA. You can visit our BJA website and subscribe to Justice Programs News and Funding to find out all the latest information about our funding opportunities to stay in the know.

Lastly, if you're looking to apply and you have questions about this webinar, you can reach out to our OJP Response Center open from 10:00 AM to 6:00 PM Monday through Friday. You can use their point of contact information to send messages, and most likely those will come directly to me and I'll respond to those. That concludes, and I'd like to turn it over to Serena.

Serena Roche: Thank you, Gregory for that thorough overview of this important funding opportunity. We hope you found the information presented here today to be helpful. If you are interested and eligible for this NOFO, here are the next steps to take access the NOFOs at Grants.gov and OJP.gov. Register in Grants.gov early, as this process can take several weeks. Review program specific application deadlines and requirements and of course contact the OGP Response Center for support for assistance. For more information on the Office of Justice Programs, please visit OJP.gov. Thank you for your time and we hope to see you again.