This document presents an overview of key questions about the violent offender prohibition that applies to all Bureau of Justice Assistance grant programs and awards.
This informational document discusses the implications of the authorizing statute for the Adult Treatment Court (ATC) Discretionary Grant Program, which prohibits Bureau of Justice Assistance (BJA) funds from being used to serve persons who are violent offenders according to 34 U.S.C. (U.S. Code) Section 10612. The document starts by defining what constitutes a violent offender, according to the U.S. Code, and notes that people who have had charges dropped or reduced to nonviolent offenses are not considered violent offenders for the purposes of this prohibition, and those whose convictions are punishable by less than one year of incarceration are also not considered violent offenders. The document also answers whether BJA can provide guidance or a list of examples o what criminal charges or convictions would be disqualifying under the statute at 34 U.S.C. 10613(a); if a BJA-funded adult treatment court grantee can provide services to a program participant using non-BJA funds if they have deemed that the participant is a violent offender; if an individual’s entire past criminal history contributes to the determination of the violent offender status; if the violent offender prohibition applies to the Veteran’s Treatment Court (VTC) Grant Program; and if the violent offender prohibition would apply to a potential adult treatment court participant that committed the violent offense as a juvenile.