State Administering Agency

The Edward Byrne Memorial (Byrne) program is the single largest grant administered by the Rhode Island Justice Commission. The program averages in excess of $2.8 million annually. Byrne funds assist the state in addressing the problems associated with drugs, violent crime, and improving public safety. Byrne regulations require 42 percent of the funds to "pass through" to local units of government, specifically, municipal police departments. The remaining Byrne funds (approximately 58 percent) are used for programs run by state criminal justice agencies predominantly in the systems improvement area. Since 1987 and by the end of 1998, the Rhode Island Justice Commission has received and distributed over $19 million in federal Byrne funds at the state and local levels.

Statewide Strategy

Each State is required to develop a statewide strategy to improve its functioning of the criminal justice system, with an emphasis on drug trafficking, violent crime, and serious offenders. The strategy is prepared after consultation with State and local officials, particularly those whose duty it is to enforce drug and criminal laws and to direct the administration of justice.

Among the Rhode Island Justice Commission’s Steering Committee's principle functions is to develop the strategic plan for the expenditure of Byrne program funds, in addition to, and in conjunction with, the various other grant programs. In 1995, the Steering Committee unanimously agreed that the development and implementation of a comprehensive computer information system was the most essential criminal justice issue facing the state.

Local Pass-Through

A Law Enforcement Planning Committee (LEPC) comprised of chiefs of municipal police departments (selected by the RI Police Chiefs Association) plan for the distribution of the Byrne local "pass through" funds. Since Rhode Island has no county form of government, municipalities—specifically police departments—are the only eligible recipients of the "pass through" funds. The LEPC has consistently supported computer systems enhancements, community-oriented policing, crime and substance abuse prevention and in-service training as principle concerns for local law enforcement. Further, the LEPC voted unanimously to waive approximately 40 percent of their "pass through" funds from Byrne fiscal years 1997, 1998 and 1999 in order to partially fund the efforts to completely overhaul the statewide information system infrastructure.

Administrative Funds/Matching Requirements

Up to 10% of a state's formula grant may be allocated to costs incurred in administering the program. At least 25% of the cost of a program or project funded with Byrne money must be paid in cash with non-Federal funds.  

Congressional Mandates

States are required to comply with the following congressional mandates:

		Criminal Justice Records Improvement - States must plan to use at least 5% of their formula grants for improvement of criminal justice records
		Immigration and Naturalization Plan - States must develop methods to notify the immigration and Naturalization Service (INS) of alien convictions and to provide records of those convictions to INS.
		Human Immunodeficiency Virus (HIV) testing - States must enact and enforce a law that requires sex offenders to be tested for HIV if the victim requests such testing. States who fail to enact this type of legislation will incur a 10% penalty to their formula grant.
		Jacob Wetterling Sexual Offender Registry - States must establish 10-year registration requirements for persons convicted of certain crimes against minors and sexually violent offenses and a more stringent set of registration requirements for a subclass of highly dangerous offenders characterized as "sexually violent predators". States who fail to enact this type of legislation will incur a 10% penalty to their formula grant.