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BUREAU OF JUSTICE ASSISTANCE
STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP)
UPDATED REQUIREMENTS For Fiscal Year 2014
FBI Number
The Bureau of Justice Assistance is highly encouraging SCAAP applicants to include the FBI number
for each inmate record submitted on the FY 2014 SCAAP application. The FBI number is one of several
options that will help ensure that only eligible inmates are entered into the SCAAP application, as the
FBI number is automatically assigned to each individual arrested and convicted of a felony or two
misdemeanors. Per the SCAAP Program Guidelines, eligible inmates are defined as those who have
one felony conviction or two misdemeanor convictions. In addition, the FBI number could help
decrease the number of unknown inmate records paid each year with SCAAP funds.
PART I: SCAAP Guidelines
SCAAP Overview
The Bureau of Justice Assistance (BJA), Office of Justice Programs, U.S. Department of Justice, administers
SCAAP, in conjunction with the U.S. Department of Homeland Security (OHS). SCAAP provides federal
payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented
criminal aliens who have at least one felony or two misdemeanor convictions for violations of state or local law,
and who are incarcerated for at least 4 consecutive days during the reporting period.
SCAAP Legislative Authority
SCAAP is governed by Section 241 (i) of the Immigration and Nationality Act, 8 U.S.C. § 1231 (i), as amended,
and Title II, Subtitle C, Section 20301, Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103-322.
In general terms, if a chief executive officer of a state or a political subdivision exercises authority over the
incarceration of undocumented criminal aliens and submits a written request to the U.S. Attorney General, the
Attorney General may provide compensation to that jurisdiction for those incarceration costs. SCAAP is subject
to additional terms and conditions of yearly congressional appropriations.
Eligible Applicants
States and local units of government that have authority over correctional facilities that incarcerate or detain
undocumented criminal aliens for a minimum of 4 consecutive days are eligible to apply for SCAAP funds. States
and local units of general government include the 50 state governments, the District of Columbia, Guam, Puerto
Rico, the U.S. Virgin Islands, and the more than 3,000 counties and cities with correctional facilities.
Regional jails, special jail districts, or regional jail authorities and boards do not qualify as political subdivisions
of a state for purposes of SCAAP, and therefore are not eligible to directly apply for SCAAP funds. Each unit of
government that houses inmates at a regional facility must apply independently for SCAAP funds, based on its
own costs of housing its undocumented aliens in the regional facility. Regional facilities may not submit SCAAP
applications on behalf of jurisdictions in its service area, nor may a regional facility submit one application for all
participating jurisdictions, using one jurisdiction's name as the recipient.
FY 2014 SCAAP Guidelines and Application Page 1
Authorized Officials
SCAAP payments must go directly to eligible states and localities. Authorized jurisdiction employees for SCAAP
purposes must be listed as either the Authorized Representative or Alternate Contact in the GMS User Profile.
The chief executive officer (CEO) of an eligible jurisdiction may apply directly or delegate authority to another
jurisdiction official. The CEO is generally considered the highest ranking elected or appointed official of a unit of
government.
Use of SCAAP Awards
The Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162, Title XI) included the following
requirement regarding the use of SCAAP funds: "Amounts appropriated pursuant to the authorization of
appropriations in paragraph (5) that are distributed to a State or political subdivision of a State, including a
municipality, may be used only for correctional purposes." Beginning with FY 2007 SCAAP awards, SCAAP
funds must be used for correctional purposes only. Jurisdictions receiving SCAAP awards will be asked to report
the projected use of these funds at the time the award is accepted.
Minimum Period of Incarceration
Only eligible persons who were incarcerated for 4 or more consecutive days between July 1, 2012 and June 30,
2013 may be included in the FY 2014 SCAAP application.
Multi-Jurisdictional Issues
• Eligible inmates housed in the applicant's facility exclusively on behalf of another jurisdiction may only be
reported by the sending jurisdiction, regardless of whether the applicant received reimbursement for related
incarceration costs.
• Unless otherwise covered by a cost reimbursement agreement, inmates who are ready for release once
qualifying charges or convictions are concluded, and who are temporarily held in the applicant facility on the
basis of outstanding warrants or detainers from other jurisdictions, including federal law enforcement
agencies, are SCAAP eligible. The applicant jurisdiction may claim the total number of days the inmate was
in custody, including the days the inmate was held on the detainers or outstanding warrants.
• Detention or incarceration days attributable to otherwise qualifying inmates held on federal charges,
convictions, or detainers and covered by cost reimbursement agreements are not SCAAP eligible.
• Juveniles adjudicated delinquent, regardless of the charges or length of custody, are not SCAAP eligible.
Only juvenile offenders who are convicted as adults and who meet the qualifying SCAAP criteria may be
eligible.
Eligible Inmates
Applicants may submit records of inmates in their custody during the reporting period who:
• Were born outside the United States or one of its territories and had no reported or documented claim to
U.S. citizenship.
• Were in the applicant's custody for 4 or more consecutive days during the reporting period.
• Were convicted of a felony or second misdemeanor for violations of state or local law.
• Were identified and reported as undocumented, using due diligence.
The U.S. Department of Homeland Security will make the final determination on the status of submitted inmate
records for undocumented alien purposes. Inmates may qualify for SCAAP purposes if they were:
• Persons who entered the U.S. without inspection or at any time or place other than as designated by the
Attorney General.
• Persons in deportation or exclusion proceedings at the time they were taken into custody.
• Non-immigrants who failed to maintain their non-immigrant status at the time they were taken into custody.
• Certain Mariel Cubans who otherwise meet these requirements.
FY 2014 SCAAP Guidelines and Application Page 2
Total All Inmate Days
The "total all inmate days" is the cumulative number of incarceration or detention days attributable to all inmates
housed in the jurisdiction's facilities during the reporting period. It includes all inmates, regardless of their status,
citizenship, disposition, or length of stay, including inmates held at contract facilities. A jurisdiction can use the
sum of all nightly, facility head counts for the 365 days in the reporting period.
EXAMPLE TOTAL DAYS
A Jurisdiction detained or incarcerated 400 inmates during the current reporting cycle. 2,800
Each inmate was held for exactly 7 days. (400 inmates x 7 days)
Criminal Charges and Convictions
To be eligible for reporting, inmates must have been convicted of a felony or second misdemeanor for violations
of state or local law, and housed in the applicant's state or local correctional facility for 4 or more consecutive
days during the reporting period. All pre-trial and post conviction time served from July 1, 2012 through June 30,
2013 may be reported to BJA.
EXAMPLES REPORTABLE DAYS
An alien was convicted of a felony during the reporting period and spent 20 days in
pretrial detention and 60 additional days from the conviction. All 80 days occurred during 80
the reportinq period
An alien was convicted of a felony during the reporting period and spent 20 days in
pretrial detention and 60 additional days from the conviction. The 20 pretrial detention 60
days and 40 of the sentenced days occurred in the reporting period; the remaining 20
davs were served after June 30, 2013.
An alien was convicted of a felony several years ago and is being held in pretrial
detention on new charges. As this alien already qualifies based on the prior felony As calculated
conviction, once he meets the minimum of 4 consecutive days in custody during the
reporting period, the pretrial days may be reported to BJA, regardless of the outcome of
the pendinq charqes.
An alien was convicted of a second misdemeanor and served 3 consecutive days as of
June 30, 2013, and 20 additional days after June 30, 2013. This inmate cannot be 0
reported for FY 2014, but will qualify for FY 2015. NOTE The first 3 days of the sentence
are not reoortable. regardless of what occurs with this inmate in the future.
Required Inmate Data Format
The detailed inmate file reflects the jurisdiction's good faith and due diligence efforts to identify and list
undocumented criminal aliens housed in its correctional facilities. Required inmate data elements include the A-
Number, if known; last, middle, and first names; date of birth; unique inmate number assigned by the applicant
jurisdiction; foreign country of birth; date taken into custody; date released from custody; and the Federal
Bureau of Investigation (FBI) number, if known.
For inmates with aliases or multiple periods of incarceration: Creating a separate and distinct inmate record for
each qualifying period of incarceration may include eligible inmates incarcerated more than once during the
reporting period. Similarly, inmates with known aliases may be reported by creating a separate and distinct inmate
record for each name. The same unique inmate identification number must be used for all records associated
with a single inmate, regardless of the name under which the inmate was incarcerated. Applications submitted
