(A) The purpose of this rule is to outline the procedure that a county prosecutor's office must follow in order to apply for a state grant to cover costs incurred by the prosecutor's office in prosecuting certain crimes.
(B) The authorizing law is as follows:
(1) A county prosecutor's office may apply to the office of criminal justice services (OCJS) for a grant to cover all documented costs incurred by the county prosecutor's office.
(2) A grant for prosecution costs can only be awarded for the crimes of aggravated murder, murder or any felony of the first or second degree.
(3) Upon either a delinquency filing in juvenile court or return of an indictment, the application for a grant can be submitted to OCJS.
(4) The crime must have been committed at a department of youth services or a department of rehabilitation and correction institution on or after July 1, 1995.
(5) Twice each fiscal year OCJS will designate counties to receive grants from those counties that have submitted one or more applications in compliance with the rules set forth in this rule.
(6) If there is insufficient funding to make awards to all eligible counties, first priority shall be given to cases involving aggravated murder and murder, second priority shall be given to cases involving first degree felonies and third priority shall be given to cases involving second degree felonies.
(7) Within the priorities awards shall be made based on the order in which the applications were received except that applications for cases involving first and second degree felonies shall not be considered in more than two consecutive rounds of grants.
(C) Applications for a grant must consist of the following:
(1) A letter from the prosecuting attorney of the county to the director of OCJS requesting reimbursement of prosecution costs. The letter must contain the case name and case number, offense charged, location of the offense; total amount requested with detailed listing of expenses and supporting documentation. The prosecuting attorney of a county is responsible for approving all costs incurred by his office that are submitted for reimbursement.
(2) Reimbursable costs, which will be reimbursed in accordance with state rules, will include:
(a) Normal salary costs times the number of hours to be reimbursed with appropriate fringe factor not to exceed thirty percent;
(b) Miles driven times county rate, not to exceed state rate, and parking;
(c) Travel costs including lodging and meals for employees and witnesses not to exceed state rates;
(d) Miscellaneous expenses.
(3) Supporting documentation for hours worked shall include the number of hours worked in the month and the hourly per diem rate. Except for mileage, all other supporting documentation shall be in the form of receipts.
(4) No equipment purchases are eligible for reimbursement, including copiers, cameras, computers and recording equipment.
(D) OCJS will designate counties, who have applied, to receive grants on the last day of the months of June and November of each fiscal year for which an appropriation is made.
Supplemental Information
Amplifies: –
Five Year Review Date:
Prior Effective Dates: 4/20/1996