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Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 20 OF 31 Grant PROJECT NUMBER 2020-DJ-BX-0452 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 37. Noninterference(within the funded"program or activity")with federal law enforcement:Notice of scheduled release SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the award,as of the date the recipient accepts the award,and throughout the remainder of the period of performance.Its provisions must be among those included in any subaward at any tier. 1.Noninterference with"removal"process:Notice of scheduled release date and time Consonant with federal law enforcement statutes--including 8 U.S.C. 1231(for an alien incarcerated by a State or local government,a 90-day"removal period"during which the federal government"shall"detain and then"shall" remove an alien from the U.S."begins"no later than"the date the alien is released from...confinement";also,the federal government is expressly authorized to make payments to a"State or a political subdivision of the State...with respect to the incarceration of[an]undocumented criminal alien");8 U.S.C. 1226(the federal government"shall take into custody"certain criminal aliens"when the alien is released");and 8 U.S.C. 1366(requiring an annual report to Congress on"the number of illegal alien[felons]in Federal and State prisons"and programs underway"to ensure the prompt removal"from the U.S.of removable"criminal aliens")--within the funded program or activity,no State or local government entity,-agency,or-official(including a government-contracted correctional facility)may interfere with the"removal"process by failing to provide--as early as practicable(see para.4.C.below)--advance notice to DHS of the scheduled release date and time for a particular alien,if a State or local government(or government- contracted)correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this condition. 4.Rules of construction A.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any State or local government,or any other entity or individual to maintain(or detain)any individual in custody beyond the date and time the individual otherwise would have been released. B.Applicability (1)Current DHS practice is ordinarily to request advance notice of scheduled release"as early as practicable(at least 48 hours,if possible)."(See DHS Form I-247A(3/17)).If(e.g.,in light of the date DHS made such request)the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested,it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2)Current DHS practice is to use the same form for a second,distinct purpose--to request that an individual be detained for up to 48 hours AFTER the scheduled release.This condition does NOT encompass such DHS requests for detention. C.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded "program or activity")with federal law enforcement:Interrogation of certain aliens"award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2(REV.4-88) N