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[Federal Register Volume 60, Number 77 (Friday, April 21, 1995)]
[Rules and Regulations]
[Pages 19847-19851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9826]

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DEPARTMENT OF JUSTICE

Office of Justice Programs
Office of Juvenile Justice and Delinquency Prevention

28 CFR Part 31

[OJP No. 1045]
RIN 1121-AA28

Formula Grants; Correction

Date: April 13, 1995.
AGENCY: Department of Justice, Office of Justice Programs, Office of 
Juvenile Justice and Delinquency Prevention.

ACTION: Correction to final regulation.

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SUMMARY: This document contains corrections to the Final Regulation, 
revising 28 CFR part 31, which was published in the Federal Register on 
Friday, March 10, 1995, (60 FR 13330). The regulation revisions 
provided clarification and guidance to States in the formulation, 
submission and implementation of the State Formula Grants Program under 
Part B of Title II of the Juvenile Justice and Delinquency Act of 1974, 
as amended by the Juvenile Justice and Delinquency Prevention 
Amendments of 1992 (Pub. L. 102-586, November 18, 1992).
    The 1992 Amendments reauthorize and modify the Federal assistance 
program to State, local governments, and private not-for-profit 
agencies for the prevention and control of delinquency and improvement 
of the juvenile justice system. This final revision to the existing 
regulation provides clarification and guidance to States in the 
formulation, submission, and implementation of State Formula Grants 
Program plans and determinations of State compliance with plan 
requirements. It provides additional flexibility and guidance to 
participating States while strengthening several key provisions related 
to the deinstitutionalization, separation, jail and lockup removal, and 
disproportionate minority confinement plan requirements of the JJDP 
Act.

EFFECTIVE DATE: This regulation is effective March 10, 1995.

FOR FURTHER INFORMATION CONTACT: Roberta Dorn, Director, State 
Relations and Assistance Division, Office of Juvenile Justice and 
Delinquency Prevention (OJJDP), 633 Indiana Avenue NW., Room 543, 
Washington, D.C. 20531; (202) 307-5924.

SUPPLEMENTARY INFORMATION: The corrections include the requirement that 
collocated juvenile detention facilities approved by the State and 
concurred with by OJJDP on or before June 30, 1995, be reviewed against 
the regulatory criteria and OJJDP policies in effect at the time of the 
initial approval and concurrence. Facilities approved after the 
effective date of this regulation and prior to July 1, 1995, will be 
reviewed against the regulatory criteria in effect on the day before 
the effective date of this regulation. For those collocated juvenile 
detention facilities considered after June 30, 1995, OJJDP's 
concurrence is limited to one year and, thereafter, will be reviewed on 
an annual basis. The requirement that in order to receive OJJDP's 
initial and subsequent concurrences, a collocated juvenile detention 
facility must only provide secure custody for juvenile criminal-type 
offenders, status offenders accused of violating a valid court order, 
and adjudicated delinquents and valid court order violators who are 
awaiting disposition hearings or transfer to a long term juvenile 
correctional facility, has been eliminated.

Need for Correction

    As published in the Federal Register on March 10, 1995, (60 FR 
13330), the Final Regulation was an earlier draft version that is 
materially different from the final draft that was intended to be 
published. These errors are in need of correction.

Correction of Publication

    Accordingly, the Final Regulation, as published in the Federal 
Register on March 10, 1995, which was the subject of FR Doc. 95-5919, 
is corrected as follows:

Sec. 31.301  [Corrected]

    Paragraph 1. On page 13334 in amendatory instruction 6, paragraph 
(e) of Sec. 31.301 was revised. Paragraph (e) of Sec. 31.301 in the 
second column, line 30, the numerals ``1994'' are corrected to read 
``1995''.

Sec. 31.302  [Corrected]

    Paragraph 2. On page 13334 in amendatory instruction 7, paragraph 
(b)(2) of Sec. 31.302 was revised. Paragraph (b)(2) of Sec. 31.302 is 
corrected to read as follows:
* * * * *
    (b) * * *
    (2) Should consider in meeting the statutory membership 
requirements and responsibilities of section 223(a)(3) (A)-(E), 
appointing at least one member who represents each of the following: A 
locally elected official representing general purpose local government; 
a law enforcement officer; representatives of juvenile justice 
agencies, including a juvenile or family court judge, a probation 
officer, a prosecutor, and a person who routinely provides legal 
representation to youth in juvenile court; a public agency 
representative concerned with delinquency prevention and treatment; a 
representative from a private, non-profit organization, such as a 
parents group, concerned with teenage drug and alcohol abuse; a high 
school principal; a recreation director; a volunteer who works with 
delinquent or at risk youth; a person with a special focus on the 
family; a youth worker experienced with programs that offer 
alternatives to incarceration; persons with special competence in 
addressing problems of school violence and vandalism and alternatives 
to expulsion and suspension; and persons with knowledge concerning 
learning disabilities, child abuse and neglect, and youth violence.
* * * * *

Sec. 31.303  [Corrected]

    Paragraph 3. On page 13335, in the second column, in amendatory 
instruction 11, paragraph (d)(l)(i) of Sec. 31.303 was revised. 
Paragraph (d)(1)(i) of Sec. 31.303, line ten, the word ``no'' is 
corrected to read ``any''.
    Paragraph 4. On page 13335 in amendatory instruction 13, paragraph 
(e)(3) of Sec. 31.303 was revised. Paragraph (e)(3) of Sec. 31.303 is 
corrected by removing (e)(3)(v). As corrected, Sec. 31.303(e)(3) reads 
as follows:
* * * * *
    (e) * * *
    (3) Collocated facilities. (i) Determine whether or not a facility 
in which juveniles are detained or confined is an adult jail or lockup. 
The JJDP Act prohibits the secure custody of juveniles in adult jails 
and lockups, except as otherwise provided under the Act and 
implementing OJJDP regulations. Juvenile facilities collocated with 
these adult facilities are considered adult jails or lockups unless the 
paragraph (e)(3)(i)(D) (1)-(4) criteria established in this section are 
complied with and the determinations and concurrences set forth in 
paragraph (e)(3) (ii), (iii), and (iv) of this section have been made.
    (A) A collocated facility is a juvenile facility that is located in 
the same building as an adult jail or lockup, or is part of a related 
complex of buildings located on the same grounds as an adult jail or 
lockup. A complex of buildings [[Page 19848]] is considered ``related'' 
when it shares physical features such as walls and fences services 
beyond mechanical services (heating, air conditioning, water and 
sewer), or the specialized services that are allowable under paragraph 
(e)(3)(i)(D)(3) of this section.
    (B) The State, with OJJDP concurrence, must determine whether a 
collocated facility qualifies as a separate juvenile detention facility 
under the four criteria set forth in paragraph (e)(3)(i)(D) (1)-(4) of 
this section for the purpose of monitoring compliance with section 
223(a) (12)(A), (13), and (14) of the JJDP Act.
    (C) A needs based analysis must precede a jurisdiction's request 
for State approval and be included with the request for OJJDP 
concurrence that a collocated facility qualifies as a juvenile 
detention facility. The needs based analysis should include, but is not 
limited to, consideration of such factors as excessive travel time to 
an existing juvenile detention center, crowding in an existing facility 
(despite the use of objective detention criteria), obsolescence of an 
existing facility, and, in areas where there are no juvenile detention 
facilities, a measurable increase in the need for juvenile detention 
beds. OJJDP's technical assistance provider to the States should be 
involved in the needs based analysis (without cost to the State or 
local jurisdiction). The needs based analysis must take into 
consideration and be coordinated with the State's plans and programs 
designed to establish a continuum of detention care and to assist 
detention facilities to provide a full range of services for juvenile 
offenders.
    (D) Each of the following four criteria must be met in order to 
ensure the requisite separateness of a juvenile detention facility that 
is collocated with an adult jail or lockup:
    (1) Total separation between juvenile and adult facility spatial 
areas such that there could be no sight or sound contact between 
juveniles and incarcerated adults in the facility. Total separation of 
spatial areas can be achieved architecturally, and must provide for no 
common use areas (time-phasing is not permissible);
    (2) Total separation in all juvenile and adult program areas, 
including recreation, education, counseling, dining, sleeping, and 
general living activities. There must be an independent and 
comprehensive operational plan for the juvenile detention center which 
provides for a full range of separate program services. No program 
activities may be shared by juveniles and incarcerated adults. However, 
equipment and other resources may be used by both populations subject 
to security concerns and the criterion in paragraph (e)(3)(i)(D)(1) of 
this section;
    (3) Separate staff for the juvenile and adult populations, 
including management, security, and direct care staff. Staff providing 
specialized services (food service, laundry, maintenance and 
engineering, etc.), who are not normally in contact with detainees, or 
whose infrequent contacts occur under conditions of separation of 
juveniles and adults, can serve both populations (subject to State 
standards or licensing requirements). The day to day management, 
security and direct care functions of the juvenile detention center 
must be vested in a totally separate staff, dedicated solely to the 
juvenile population within the collocated facilities; and
    (4) In States that have established standards or licensing 
requirements for juvenile detention facilities, the juvenile facility 
must meet the standards (on the same basis as a free-standing juvenile 
detention center) and be licensed as appropriate. If there are no State 
standards or licensing requirements, then the jurisdiction must 
cooperate in a preapproval review of its physical plant, staffing 
patterns, and programs by an organization selected and compensated by 
OJJDP. This review will be based on prevailing national juvenile 
detention standards, and will inform the State's approval process and 
concurrence by OJJDP.
    (ii) The State must initially determine that the four criteria are 
fully met. Upon such determination, the State must submit to OJJDP a 
request for concurrence with the State's finding that a separate 
juvenile detention facility exists. To enable OJJDP to assess the 
separateness of the two facilities, sufficient documentation must 
accompany the request to demonstrate that each criterion has been met. 
It is incumbent upon the State to make the initial determination 
through an on-site facility (or full construction and operations plan) 
review and, through the exercise of its oversight responsibility, to 
ensure that the separate character of the juvenile detention facility 
is maintained by continuing to fully meet the four criteria set forth 
in paragraphs (e)(3)(i)(D) (1)-(4) of this section.
    (iii) Collocated juvenile detention facilities approved by the 
State and concurred with by OJJDP on or before June 30, 1995, are to be 
reviewed against the regulatory criteria and OJJDP policies in effect 
at the time of the initial approval and concurrence, except that 
facilities approved after the effective date of this regulation, but 
prior to July 1, 1995, shall be reviewed against the regulatory 
criteria in effect on the day before the effective date of this 
regulation, and except that all collocated facilities are subject to 
the separate staff requirement established by the 1992 Amendments to 
the JJDP Act, as set forth in paragraph (e)(3)(i)(D)(3) of this 
section. Unless otherwise indicated, review of previously approved 
collocated facilities is expected to occur as part of the State's 
regularly scheduled monitoring activities.
    (iv) OJJDP's concurrence for facilities considered after June 30, 
1995, is limited to one year and thereafter, will be reviewed on an 
annual basis. An annual on-site review of the facility must be 
conducted by the compliance monitoring staff person(s) representing or 
employed by the State agency administering the JJDP Act Formula Grants 
Program. OJJDP's concurrence is required annually, and may involve on-
site review by OJJDP staff. The purpose of the annual review is to 
determine if compliance with the criteria set forth in paragraph 
(e)(3)(i)(D) (1)-(4) of this section is being maintained, and to assess 
the continuing need for the collocated facility and the jurisdiction's 
long term plan to move to a free-standing facility (single jurisdiction 
or regional) or other detention alternative, unless the juvenile 
detention center is part of a justice center, in which case the annual 
review will look solely at the four regulatory criteria. An example of 
a justice center is a building or a set of buildings in which various 
agencies are housed, such as law enforcement, courts, State's 
attorneys, public defenders, and probation, in addition to an adult 
jail or lockup and a juvenile detention facility.
* * * * *
    Paragraph 5. On page 13337 in amendatory instruction 20, paragraph 
(f)(5) of section 31.303 was revised. Paragraph (f)(5) of Sec. 31.303 
is corrected by removing (f)(5)(i)(D) and redesignating paragraphs 
(f)(5)(i) (E), (F), (G) and (H) as paragraphs (f)(5)(i) (D), (E), (F) 
and (G), respectively. As corrected, Sec. 31.303(f)(5) reads as 
follows:
* * * * *
    (f) * * *
    (5) Reporting requirement. The State shall report annually to the 
Administrator on the results of monitoring for section 223(a) (12), 
(13), and (14) of the JJDP Act. The reporting period should provide 12 
months of data, but shall not be less than six [[Page 19849]] months. 
The report shall be submitted to the Administrator by December 31 of 
each year.
    (i) To demonstrate the extent of compliance with section 
223(a)(12)(A) of the JJDP Act, the report must include, at a minimum, 
the following information for the current reporting period:
    (A) Dates covered by the current reporting period;
    (B) Total number of public and private secure detention and 
correctional facilities, the total number reporting, and the number 
inspected on-site;
    (C) The total number of accused status offenders and nonoffenders, 
including out-of-State runaways and Federal wards, held in any secure 
detention or correctional facility for longer than 24 hours (not 
including weekends or holidays), excluding those held pursuant to the 
valid court order provision as set forth in paragraph (f)(3) of this 
section, or pursuant to section 922(x) of Title 18, United States Code, 
or a similar State law;
    (D) The total number of accused status offenders (including valid 
court order violators, out of state runaways and Federal wards, but 
excluding Title 18 U.S.C. 922(x) violators) and nonoffenders securely 
detained in any adult jail, lockup, or nonapproved collocated facility 
for any length of time;
    (E) The total number of adjudicated status offenders and 
nonoffenders, including out-of-state runaways and Federal wards, held 
for any length of time in a secure detention or correctional facility, 
excluding those held pursuant to the valid court order provision or 
pursuant to Title 18 U.S.C. 922(x);
    (F) The total number of status offenders held in any secure 
detention or correctional facility pursuant to the valid court order 
provision set forth in paragraph (f)(3) of this section; and
    (G) The total number of juvenile offenders held pursuant to Title 
18 U.S.C. 922(x).
    (ii) To demonstrate the extent to which the provisions of section 
223(a)(12)(B) of the JJDP Act are being met, the report must include 
the total number of accused and adjudicated status offenders and 
nonoffenders placed in facilities that are:
    (A) Not near their home community;
    (B) Not the least restrictive appropriate alternative; and
    (C) Not community-based.
    (iii) To demonstrate the extent of compliance with section 
223(a)(13) of the JJDP Act, the report must include, at a minimum, the 
following information for the current reporting period:
    (A) Dates covered by the current reporting period;
    (B) The total number of facilities used to detain or confine both 
juvenile offenders and adult criminal offenders during the past 12 
months and the number inspected on-site;
    (C) The total number of facilities used for the secure detention 
and confinement of both juvenile offenders and adult criminal offenders 
which did not provide sight and sound separation;
    (D) The total number of juvenile offenders and nonoffenders not 
separated from adult criminal offenders in facilities used for the 
secure detention and confinement of both juveniles and adults;
    (E) The total number of juvenile detention centers located within 
the same building or on the same grounds as an adult jail or lockup 
that have been concurred with by OJJDP, including a list of such 
facilities;
    (F) The total number of juveniles detained in collocated facilities 
concurred with by OJJDP that were not separated from the management, 
security, or direct care staff of the adult jail or lockup;
    (G) The total number of juvenile detention centers located within 
the same building or on the same grounds as an adult jail or lockup 
that have not been concurred with by OJJDP, including a list of such 
facilities; and
    (H) The total number of juveniles detained in collocated facilities 
not approved by the State and concurred with by OJJDP, that were not 
sight and sound separated from adult criminal offenders.
    (iv) To demonstrate the extent of compliance with section 
223(a)(14) of the JJDP Act, the report must include, at a minimum, the 
following information for the current reporting period:
    (A) Dates covered by the current reporting period;
    (B) The total number of adult jails in the State AND the number 
inspected on-site;
    (C) The total number of adult lockups in the State AND the number 
inspected on-site;
    (D) The total number of adult jails holding juveniles during the 
past twelve months;
    (E) The total number of adult lockups holding juveniles during the 
past twelve months;
    (F) The total number of accused juvenile criminal-type offenders 
held securely in adult jails, lockups, and collocated facilities not 
concurred with by OJJDP, in excess of six hours (including those held 
pursuant to the ``removal exception'' as set forth in paragraph (f)(4) 
of this section);
    (G) The total number of accused juvenile criminal-type offenders 
held securely in adult jails, lockups and collocated facilities not 
concurred with by OJJDP for less than six hours for purposes other than 
identification, investigation, processing, release to parent(s), 
transfer to court, or transfer to a juvenile facility following initial 
custody;
    (H) The total number of adjudicated juvenile criminal-type 
offenders held securely in adult jails, lockups and collocated 
facilities not concurred with by OJJDP for any length of time;
    (I) The total number of accused and adjudicated status offenders 
(including valid court order violators) and nonoffenders held securely 
in adult jails, lockups and collocated facilities not concurred with by 
OJJDP for any length of time;
    (J) The total number of adult jails, lockups, and collocated 
facilities not concurred with by OJJDP, in areas meeting the ``removal 
exception'' as noted in paragraph (f)(4) of this section, including a 
list of such facilities and the county or jurisdiction in which each is 
located;
    (K) The total number of juveniles accused of a criminal-type 
offense who were held in excess of six hours but less than 24 hours in 
adult jails, lockups and collocated facilities not concurred with by 
OJJDP pursuant to the ``removal exception'' as set forth in paragraph 
(f)(4) of this section;
    (L) The total number of juveniles accused of a criminal-type 
offense who were held in excess of 24 hours but not more than an 
additional 48 hours in adult jails, lockups and collocated facilities 
not concurred with by OJJDP pursuant to the ``removal exception'' as 
noted in paragraph (f)(4) of this section, due to conditions of 
distance or lack of ground transportation; and
    (M) The total number of juveniles accused of a criminal-type 
offense who were held in excess of 24 hours, but not more than an 
additional 24 hours after the time such conditions as adverse weather 
allow for reasonably safe travel, in adult jails, lockups and 
collocated facilities not concurred with by OJJDP, in areas meeting the 
``removal exception'' as noted in paragraph (f)(4) of this section.
* * * * *
    Paragraph 6. On page 13338 in amendatory instruction 23, paragraph 
(f)(6)(iii)(A) in Sec. 31.303 was removed and paragraphs (f)(6)(iii) 
(B), (C), (D), and (E) of Sec. 31.303 were redesignated as paragraphs 
(f)(6)(iii) (A), (B), (C), and (D) of Sec. 31.303, respectively. 
Redesignated [[Page 19850]] paragraph (f)(6)(iii)(B) of Sec. 31.303 is 
corrected to read as follows:
* * * * *
    (f) * * *
    (6) * * *
    (iii) * * *
    (B) Full compliance with de minimis exceptions is achieved when a 
State demonstrates that it has met the standard set forth in either of 
paragraphs (f)(6)(iii)(B) (1) or (2) of this section:
    (1) Substantive de minimis standard. To comply with this standard 
the State must demonstrate that each of the following requirements have 
been met:
    (i) State law, court rule, or other statewide executive or judicial 
policy clearly prohibits the detention or confinement of all juveniles 
in circumstances that would be in violation of section 223(a)(14);
    (ii) All instances of noncompliance reported in the last submitted 
monitoring report were in violation of or departures from, the State 
law, rule, or policy referred to in paragraph (f)(6)(iii)(B)(1)(i) of 
this section;
    (iii) The instances of noncompliance do not indicate a pattern or 
practice but rather constitute isolated instances;
    (iv) Existing mechanisms for the enforcement of the State law, 
rule, or policy referred to in paragraph (f)(6)(iii)(B)(1)(i) of this 
section are such that the instances of noncompliance are unlikely to 
recur in the future; and
    (v) An acceptable plan has been developed to eliminate the 
noncompliant incidents and to monitor the existing mechanism referred 
to in paragraph (f)(6)(iii)(B)(1)(iv) of this section.
    (2) Numerical de minimis standard. To comply with this standard the 
State must demonstrate that each of the following requirements under 
paragraphs (f)(6)(iii)(B)(2) (i) and (ii) of this section have been 
met:
    (i) The incidents of noncompliance reported in the State's last 
submitted monitoring report do not exceed an annual rate of 9 per 
100,000 juvenile population of the State; and
    (ii) An acceptable plan has been developed to eliminate the 
noncompliant incidents through the enactment or enforcement of State 
law, rule, or statewide executive or judicial policy, education, the 
provision of alternatives, or other effective means.
    (iii) Exception. When the annual rate for a State exceeds 9 
incidents of noncompliance per 100,000 juvenile population, the State 
will be considered ineligible for a finding of full compliance with de 
minimis exceptions under the numerical de minimis standard unless the 
State has recently enacted changes in State law which have gone into 
effect and which the State demonstrates can reasonably be expected to 
have a substantial, significant and positive impact on the State's 
achieving full (100%) compliance or full compliance with de minimis 
exceptions by the end of the monitoring period immediately following 
the monitoring period under consideration.
    (iv) Progress. Beginning with the monitoring report due by December 
31, 1990, any State whose prior full compliance status is based on 
having met the numerical de minimis standard set forth in paragraph 
(f)(6)(iii)(B)(2)(i) of this Sec. 31.303, must annually demonstrate, in 
its request for a finding of full compliance with de minimis 
exceptions, continued and meaningful progress toward achieving full 
(100%) compliance in order to maintain eligibility for a continued 
finding of full compliance with de minimis exceptions.
    (v) Request submission. Determinations of full compliance and full 
compliance with de minimis exceptions are made annually by OJJDP 
following submission of the monitoring report due by December 31 of 
each calendar year. Any State reporting less than full (100%) 
compliance in any annual monitoring report may request a finding of 
full compliance with de minimis exceptions under paragraph 
(f)(6)(iii)(B) (1) or (2) of this section. The request may be submitted 
in conjunction with the monitoring report, as soon thereafter as all 
information required for a determination is available, or be included 
in the annual State plan and application for the State's Formula Grant 
Award.
* * * * *
    Paragraph 7. On page 13338 in amendatory instruction 23, paragraph 
(f)(6)(iii)(D) of Sec. 31.303 was redesignated as paragraph 
(f)(6)(iii)(C) of Sec. 31.303. Redesignated paragraph (f)(6)(iii)(C) of 
Sec. 31.303 is corrected to read as follows:
* * * * *
    (f) * * *
    (6) * * *
    (iii) * * *
    (C) Waiver. Failure to achieve full compliance as defined in this 
section shall terminate any State's eligibility for FY 1993 and prior 
year formula grants funds unless the Administrator of OJJDP waives 
termination of the State's eligibility. In order to be eligible for a 
waiver of termination, a State must request a waiver and demonstrate 
that it meets the standards set forth in paragraph (f)(6)(iii)(C) (1) 
through (7) of this section:
    (1) Agrees to expend all of its formula grant award except planning 
and administration, advisory group set-aside, and Indian tribe pass-
through funds, to achieve compliance with section 223(a)(14); and
    (2) Removed all status and nonoffender juveniles from adult jails 
and lockups. Compliance with this standard requires that the last 
submitted monitoring report demonstrate that no status offender 
(including those accused of or adjudicated for violating a valid court 
order) or nonoffender juveniles were securely detained in adult jails 
or lockups for any length of time; or that all status offenders and 
nonoffenders securely detained in adult jails and lockups for any 
length of time were held in violation of an enforceable State law and 
did not constitute a pattern or practice within the State; and
    (3) Made meaningful progress in removing juvenile criminal-type 
offenders from adult jails and lockups. Compliance with this standard 
requires the State to document a significant reduction in the number of 
jurisdictions securely detaining juvenile criminal-type offenders in 
violation of section 223(a)(14) of the JJDP Act; or a significant 
reduction in the number of facilities securely detaining such 
juveniles; or a significant reduction in the average length of time 
each juvenile criminal-type offender is securely detained in an adult 
jail or lockup; or State legislation has recently been enacted and 
taken effect and which the State demonstrates will significantly impact 
the secure detention of juvenile criminal-type offenders in adult jails 
and lockups; and
    (4) Diligently carried out the State's jail and lockup removal plan 
approved by OJJDP. Compliance with this standard requires that actions 
have been undertaken to achieve the State's jail and lockup removal 
goals and objectives within approved time lines, and that the State 
Advisory Group, required by section 223(a)(3) of the JJDP Act, has 
maintained an appropriate involvement in developing and/or implementing 
the State's plan; and
    (5) Submitted an acceptable plan, based on an assessment of current 
jail and lockup removal barriers within the State, to eliminate 
noncompliant incidents; and
    (6) Achieved compliance with section 223(a)(15) of the JJDP Act; 
and
    (7) Demonstrates an unequivocal commitment, through appropriate 
executive or legislative action, to achieving full compliance.
* * * * * [[Page 19851]] 
    Paragraph 8. On page 13338 in amendatory instruction 23, paragraph 
(f)(6)(iii)(E) of Sec. 31.303 was redesignated as paragraph 
(f)(6)(iii)(D) of Sec. 31.303. Redesignated paragraph (f)(6)(iii)(D) is 
corrected to read as follows:
* * * * *
    (f) * * *
    (6) * * *
    (iii) * * *
    (D) Waiver maximum. A State may receive a waiver of termination of 
eligibility from the Administrator under paragraph (f)(6)(iii)(C) of 
this section for a combined maximum of four Formula Grant Awards 
through Fiscal Year 1993. No additional waivers will be granted.
* * * * *
John J. Wilson,
Deputy Administrator, Office of Juvenile Justice and Delinquency 
Prevention.
[FR Doc. 95-9826 Filed 4-20-95; 8:45 am]
BILLING CODE 4410-18-P
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