U.S. Department of Justice 

Office of Justice Programs 

Office of Juvenile Justice and Delinquency Prevention 

J. Robert Flores, Administrator September 2004 #02

OJJDP Formula Grants 


Program Overview


by Heidi M. Hsia 

The Juvenile Justice and Delinquency Prevention (JJDP) Act of 

2002 (Public Law 107–273, 42 U.S.C. § 5601 et seq.) reauthorized the Office of Juvenile Justice and Delinquency Prevention 

(OJJDP) to administer the Formula Grants program to support 

state and local delinquency prevention and intervention efforts 

and juvenile justice system improvements. Congress appropriates 

formula grant funds and OJJDP awards them to the 50 states, 5 

territories, and the District of Columbia (hereafter referred to as 

“states”) on the basis of their proportionate population younger 

than age 18. At least two-thirds of the funds awarded to each state 

must be used for programs that local public and private agencies 

operate and eligible American Indian tribal programs. Eligible 

tribes must agree to attempt to comply with the JJDP Act core 

requirements. Indian tribe passthrough amounts are proportionate 

to the Indian population younger than age 18. 

Eligibility 

To be eligible to receive a formula grant, a state must designate 

one of its agencies to prepare and administer a comprehensive 

3-year JJDP plan; establish a State Advisory Group (SAG) that 

the chief executive appoints to provide policy direction (or advise 

a broad-based supervisory board that has policy responsibility) 

and to participate in preparing and administering the Formula 

Grants program plan; and commit to achieve and maintain compliance with the following four core requirements: 

◆ Deinstitutionalization of status offenders (DSO). A status offender (a juvenile who has committed an act that would not be 

a crime if an adult committed it) or nonoffender (such as a 

dependent or neglected child) cannot be held, with statutory exceptions, in secure juvenile detention or correctional facilities, 

nor can they be held in adult facilities for any length of time. 

◆ Separation of juveniles from adult offenders (separation). 

Alleged and adjudicated delinquents cannot be detained or 

confined in a secure institution (such as a jail, lockup, or 

secure correctional facility) in which they have sight or sound 

contact with adult offenders. 

◆ Adult jail and lockup removal (jail removal). As a general 

rule, juveniles (individuals who may be subject to the original 

jurisdiction of a juvenile court based on age and offense limitations established by state law) cannot be securely detained 

or confined in adult jails and lockups. 

◆ Disproportionate minority contact (DMC). States are required to address juvenile delinquency prevention and system 

improvement efforts designed to reduce the disproportionate 

number of juvenile members of minority groups who come 

into contact with the juvenile justice system. 

If a state, despite its good faith efforts, in any year fails to demonstrate compliance with any of the four core requirements, its formula grant for the subsequent fiscal year is reduced by 20 percent 

for each requirement for which noncompliance occurs. Without 

a waiver from the OJJDP Administrator, states must agree to use 

50 percent of their allocations for that fiscal year to achieve 

compliance. If a state is ineligible to receive a formula grant or 

chooses not to participate in the program, OJJDP will make its 

allotment, excluding the SAG allocation, available to local public 

and private nonprofit agencies in the state to carry out activities 

designed to bring the state into compliance with the core 

requirements. 

Program Areas 

States may use their formula grants to support programs related to 

delinquency prevention and reduction, juvenile justice system 

improvement, research, evaluation, statistical analysis, and training and technical assistance. Program areas include the following: 

◆ Planning and administration, including state plan development, 

evaluation, and monitoring, using no more than 10 percent of 

its base annual award. 

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Office of Juvenile Justice and Delinquency Prevention *FS~200402* 

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◆ SAG allocation (up to 5 percent of the minimum allocation 

each year). 

◆ Family-oriented programs including community-based alternatives to incarceration and treatment for juvenile offenders who 

suffer child abuse or neglect and their families. 

◆ Comprehensive JJDP programs involving multiagency 

collaboration. 

◆ Educational programs to enable youth to remain in school or 

to be employable, programs to identify and assist delinquents 

with learning disabilities, and afterschool programs for at-risk 

youth. 

◆ Expanded use of probation officers to ensure that offenders comply with probationary conditions and to prevent 

incarceration. 

◆ Youth gang prevention and suppression programs. 

◆ Alcohol and substance abuse prevention and treatment 

programs. 

◆ Development of a system of graduated sanctions and use of 

risk assessment mechanisms to help juvenile justice personnel 

determine appropriate sanctions for delinquent behavior. 

◆ Prevention and reduction of hate crimes that juveniles commit. 

◆ Development of research, training, and evaluation capacity. 

◆ Programs, research, or other activities designed to address the 

four JJDP Act core requirements. 

◆ Enhancement or maintenance of states’ ability to monitor jails, 

detention centers, and other facilities to ensure compliance 

with JJDP Act core requirements. 

Award Process 

All Formula Grants program applications are due 60 days after 

OJJDP officially notifies states of their annual allocation or by 

March 31 of the fiscal year for which the funds are allocated 

(whichever is later). Every 3 years, each state’s application must 

include a comprehensive 3-year formula grants plan. States are 

required to submit annual updates to reflect new trends and identified needs in their juvenile justice systems along with planned 

strategies and programs to address them. States generally issue 

requests for proposals that invite local governments, private nonprofit agencies, and American Indian tribes to compete for funds 

to support programs that address the priority areas identified 

in state plans. To the extent possible, states give funding priority 

to evidence-based programs and activities that are likely to produce a positive impact. Local recipients’ ability to demonstrate 

success in achieving the goals specified in their applications to the 

state agency will determine their eligibility for continued funding. 

Regulations 

Regulations for the Formula Grants program are undergoing 

Department of Justice review. Input from the field obtained 

through a focus group was incorporated in the proposed regulations, which will be published in the Federal Register. A 60-day 

comment period will follow. The state agencies that administer 

the Formula Grants program will be notified regarding final publication of the regulations. Regulations will be announced on the 

OJJDP Web site and in the bimonthly newsletter OJJDP News @ 

a Glance. 

For Further Information 

Contact information for juvenile justice specialists in state agencies that administer the Formula Grants program is available 

online at the OJJDP Web site (go to www.ojp.usdoj.gov/ojjdp, 

click on “State Contacts,” and select a state). 

Communities may contact their state juvenile justice specialists 

to learn how to access the formula grant funds awarded to states 

and to request OJJDP-sponsored training and technical assistance. 

Heidi M. Hsia, Ph.D., is a Program Manager in OJJDP’s State Relations 

and Assistance Division. 

The Office of Juvenile Justice and Delinquency Prevention is a component 

of the Office of Justice Programs, which also includes the Bureau of Justice 

Assistance, the Bureau of Justice Statistics, the National Institute of Justice, 

and the Office for Victims of Crime.