Yes. Funds can be used for litigation to support a claim of innocence to achieve exoneration and include actions such as case reviews, court filings, and oral arguments up to and including case resolutions such as dismissal of charges, Alford pleas, and exoneration. However, the use of funds for litigation after exoneration to obtain relief, such as monetary compensation, for someone who has been exonerated is not permissible.
Yes. The period of performance (POP) of a Postconviction award can last up to 36-months. The 36-months POP is not a requirement, and applicants/grantees can finish the award early if all goals and objectives are completed before this time.
No. The solicitation states that only state governments, city or township governments, county governments, and public and state controlled institutions of higher education may be awarded funds directly from this program. However, entities falling into different categories (private, not for profit, etc.) may be eligible to receive funds as a subaward to the primary applicant should such a partnership be a benefit to the goals and objectives of the program. See question 4 below for additional information.
Yes. If an applicant proposes to make one or more subawards to carry out the federal award and program, the applicant should:
- identify (if known) the proposed subrecipient(s),
- describe in detail what each subrecipient will do to carry out the federal award and program, and
- provide a justification for the subaward(s), with details on pertinent matters such as special qualifications and areas of expertise. Pertinent information on subawards should appear not only in the Program Narrative, but also in the Budget Detail Worksheet and Budget Narrative.
No. Supplanting is not permitted. Federal funds must be used to supplement existing state and local funds for program activities and must not supplant those funds that have been appropriated for the same purpose. See the DOJ Grants Financial Guide for additional information on supplanting.
In limited circumstances, funds may be used for training directly related to case identification, case review, location of biological evidence, and DNA analysis of biological evidence. The proposal must clearly demonstrate that the proposed training directly supports the goals and objectives of the program and is related directly to the job position and duties of the individual(s) receiving the training.
Prior to FY21, award funds for training were restricted to grant-funded personnel directly engaged in case identification, case review, location of biological evidence, or DNA analysis of biological evidence. Starting in FY21, this restriction on grant-funded personnel was lifted such that funds may be used to support postconviction training directly related to case identification, case review, location of biological evidence, and DNA analysis of biological evidence by all personnel; demonstrate that the proposed training directly supports the program’s purpose areas; and is related directly to the job position and duties of the individual(s) receiving the training.
Funds may not be used for general litigation training or training that does not involve aspects directly related to the goals and objectives of the Postconviction Testing of DNA Evidence program.