State Auditor’s Report on the
Domestic Cannabis Eradication
The
situation in USA eradicating domestic cannabis:
State Auditor’s Report on the
Domestic Cannabis Eradication
The
situation in USA eradicating domestic cannabis:
V. Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
The Department of Justice, Bureau of Justice Assistance (BJA) provides funding through the Edward Byrne Memorial Enforcement Assistance Program as authorized under Title 42 U.S.C.§3751(b)(3) Grants to State and Units of Local Government. The Byrne Program was created by the Anti-drug Abuse Act of 1988 (Public Law 100-690) and provides funding for various activities related to crime and violence prevention and control. The Program’s emphasis is on "drug-related crime, violent crime, and serious offenders, as well as multijurisdictional and multi-State efforts to support national drug-control priorities."
All fifty states are eligible to apply annually for funds under the provisions of the grant and must submit a statewide strategy as part of the application for funding. In 1997, $500 million was appropriated for this Program. The BJA allocates the funds for this Program by awarding each State a base amount of twenty-five percent of the total allocation. The remaining funds are allocated based on the State’s share of the U.S. population. Up to ten percent of the grant funds may be used for Program administration. Additional funding is appropriated for states that participate in the President’s drug-testing initiative. Under the grant provisions, at least twenty-five percent of the cost of the Program is to be paid with non-federal funds incremental to the funds that would normally be made available to the recipient for law enforcement. Local units of government are required to receive a share of the funds equal to the ratio of local criminal justice expenditures to total criminal justice expenditures for the State. Under provisions of the grant, in the aggregate, programs can extend up to a maximum of four years.
In 1997 four congressional mandates that States must comply with under the provisions of this Program are:
B. Authorized Grant Purposes
The twenty-six legislatively authorized purposes for use of funds under the provisions of the Byrne Grant are as follows:
Purpose
Area Description_____________________________
1 Demand reduction education programs in which law enforcement officers participate.
2 Multijurisdictional task force programs that integrate Federal, State, and local drug law enforcement agencies and prosecutors for the purpose of enhancing interagency coordination and intelligence and facilitating multijurisdictional investigations.
3 Programs that target the domestic sources of controlled and illegal substances, such as precursor chemicals, diverted pharmaceuticals, clandestine laboratories, and cannabis cultivations.
4 Community and neighborhood programs that assist citizens in preventing and controlling crime, including special programs that address the problems of crimes committed against the elderly and special programs for rural jurisdictions.
5 Programs that disrupt illicit commerce in stolen goods and property.
6 Programs that improve the investigation and prosecution of white-collar crime, organized crime, public corruption crime, and fraud against the Government, with priority attention to cases involving drug-related official corruption.
7a Programs that improve the operational effectiveness of law enforcement through the use of crime analysis techniques, street sales enforcement, schoolyard violator programs, and gang-related and low-income housing drug control programs.
7b Programs to develop and implement anti-terrorism plans for deep draft ports, international airports, and other important facilities.
8 Career criminal prosecution programs, including the development of proposed model drug control legislation.
9 Financial investigative programs that target the identification of money laundering operations and assets obtained through illegal drug trafficking, including the development of proposed model legislation, financial investigative training, and financial information-sharing systems.
10 Programs that improve the operational effectiveness of the court process by expanding prosecutorial, defender, and judicial resources and implementing court delay reduction programs.
11 Programs designed to provide additional public correctional resources and to improve the corrections system, including treatment in prisons and jails, intensive supervision programs, and long-range corrections and sentencing strategies.
12 Prison industry projects designed to place inmates in a realistic working and training environment that will enable them to acquire marketable skills and to make financial payments for restitution to their victims, for support of their own families, and for support of themselves in the institution.
13 Programs that identify and meet the treatment needs of adult and juvenile drug-dependent and alcohol-dependent offenders.
14 Programs that provide assistance to jurors and witnesses and assistance (other than compensation) to victims of crime.
15a Programs that improve drug control technology, such as pretrial drug testing programs; programs that provide for the identification, assessment, referral to treatment, case management, and monitoring of drug-dependent offenders; and programs that provide enhancement of State and local forensic laboratories.
15b Criminal justice information systems that assist law enforcement, prosecution, courts, and corrections organizations (including automated fingerprint identification systems).
16 Innovative programs that demonstrate new and different approaches to enforcement, prosecution, and adjudication of drug offenses and other serious crimes.
17 Programs that address the problems of drug trafficking and the illegal manufacture of controlled substances in public housing.
18 Programs that improve the criminal and juvenile justice system's response to domestic and family violence, including spouse abuse, child abuse, and abuse of the elderly.
19 Drug control evaluation programs that State and local units of government may utilize to evaluate programs and projects directed at State drug control activities.
20 Programs that provide alternatives to detention, jail, and prison for persons who pose no danger to the community.
21 Programs in which the primary goal is to strengthen urban enforcement and prosecution efforts targeted at street drug sales.
22 Programs for the prosecution of driving-while-intoxicated charges and the enforcement of other laws relating to alcohol use and the operation of motor vehicles.
23 Programs that address the need for effective bindover systems for the prosecution of violent 16- and 17-year-old juveniles in courts with jurisdiction over adults for certain violent crimes.
24 Law enforcement and prevention programs that relate to gangs or to youth who are involved in or are at risk of involvement in gangs.
25 Programs that develop or improve forensic laboratory capabilities to analyze DNA for identification purposes.
26 Programs that assist States in the litigation processing of death penalty, Federal habeas corpus petitions.
The Department of Public Safety (VTSP) has participated in the Byrne Program since 1987. The Program requirements and funds are allocated to several State departments based on the State Strategy however; the grant is administered by the VTSP. The State Strategy, which is included in the application for funding is developed with input from the Law Enforcement Coordinating Committee (LECC) and the Governor's Criminal Justice Cabinet. The LECC includes representatives from the Vermont State Police, Vermont Chiefs of Police Association, Vermont Sheriff's Association, State's Attorney's Association, Office of the Attorney General, Department of Corrections, the U.S. Attorney, Federal Bureau of Investigation, Drug Enforcement Agency, Alcohol, Tobacco and Firearms Administration, Immigration and Naturalization Service, Internal Revenue Service, and the Customs and Border Patrol. The Governor's Criminal Justice Cabinet includes the Governor’s Legal Counsel, Departments of Public Safety, Corrections, Social & Rehabilitation Services, and Education, the Office of Defender General, and the Attorney General, member at large from the public, the Chiefs of Police Association, the State's Attorney and Sheriff's Association, the Parole Board, the Criminal Justice Training Council, and a member of House and Senate. These committees meet approximately twice a year to discuss possible uses of funding provided by the Program. Coordination of funding efforts between funds received under the Byrne Program and funds received under other federally funded programs (i.e., the Department of Corrections, the Center for Crime Victims Services and the Center for Treatment and Prevention of Sexual Abuse) is accomplished through these committees. An annual public hearing is held on the State Strategy to allow the opportunity for public input.
The allocation to the State of Vermont for 1996 and 1997 are $1,872,000 and $1,962,900 respectively. The State of Vermont has chosen to use the 1996 and 1997 funds for the following program purposes under the guidelines and priorities set by the State Strategy:
State of Vermont
Byrne Program Purpose Areas
1996 and 1997
Purpose Area |
Program Purpose Area Description |
Year Approved |
State’s Objective |
Federal Funds Allocation 1996 1997 |
|
2 |
VT Multi-jurisdictional Drug Task Force |
FY 1987 |
|
48.7% |
44.7%
|
2 |
Drug Prosecutor - State’s Attorney & Attorney General |
FY 1987 |
|
8.2% |
7.8% |
8 |
Career Criminal Prosecution –State’s Attorney | FY 1994 |
|
2.7% |
2.5% |
10 |
Special Defender-Drug Offenses Defender General | FY 1993 |
To increase the responsiveness of public defense to drug offenders. | 1.1% |
In Program Area 10 below. |
10 |
Special Defender-Domestic Violence Defender General | FY 1993 |
To increase the responsiveness of public defense of domestic violence offenders. | .7% |
1.8% |
13 |
Corrections-Intensive Substance Abuse Treatment | FY 1995 |
|
10.7% |
10.2% |
15b |
Forensic Lab-D.N.A. Program | FY 1994 |
|
3.5% |
3.3% |
15b |
Integrated Criminal Justice System Network | FY 1996 |
|
6.7% |
6.4% |
15b |
Criminal Justice Records (5%) |
(Note: at least 5% of the funding must be allocated to this purpose area) |
5.0% |
5.0% |
|
15b |
Criminal Intelligence Unit | FY 1997 |
|
1.8% |
|
18 |
Child Abuse/Sexual Assault Task Force-Chittenden | FY 1996 |
|
3.2% |
8.5% |
18 |
Child Abuse/Sexual Assault Task Force-Franklin | FY 1996 |
Same as Chittenden above. | 2.7% |
In Program Area 18 above. |
18 |
Child Protection Unit | FY 1994 |
|
3.6% |
3.4% |
| Administration | 3.2% |
4.6% |
|||
In accordance with the provisions of the Byrne grant the State must provide at least twenty-five percent matching funds for each of the programs. These funds are in addition to the normal state or local funding that would otherwise be provided. The matching funds for 1996 are $624,003 and for 1997 are $664,301.
D. Observations:
1. Congressional Mandates:
Observation: The State of Vermont does not comply with the third mandate, which says that "States must enact and enforce a law that requires sex offenders to be tested for HIV if the victim requests such testing. If the State fails to comply with this requirement, 10 percent of the State’s formula grant will be withheld."
States that participate in the Byrne Program are required to comply with four congressional mandates as outlined in V. A. Background above. The State of Vermont does not comply with the third congressional mandate. Therefore, in 1996 and 1997 approximately $200,000 per year was withheld from Vermont’s allocation. Compliance with this law could potentially add funds to an existing program or fund another much-needed program.
2. Vermont’s Funding Allocation to Program Areas
Observation: Over half of Vermont’s Byrne grant (56.9% or $1,065,407) was allocated to Program Area 2. Program Area 2 is designated for multi-jurisdictional task force programs that integrate Federal, State and local drug enforcement agencies.
As reported in the 1996 Application for Funds under the Bureau of Justice, Edward Byrne Memorial Grant Program, Vermont allocated funding to 8 of the 26 available purpose areas. Over half of the funding was allocated to multi-jurisdictional task force programs. The Task Force goals and objectives are to identify, investigate and prosecute serious drug offenders throughout the state. This program has two major components, enforcement and prosecution. The enforcement component has ten full time officers assigned to the Task Force and provides a statewide initiative to control drug trafficking. To ensure the quality of case investigation and prosecution the prosecution component comprises the assignment of several full time attorneys to the Task Force. In the 1996 application for funding, the VTSP reported a 100% conviction rate for task force cases involving major drug trafficking violators prosecuted in federal court. In addition, the Task Force has a 100% conviction rate in the state court for lesser offenders whose cases have been carried forward. In 1997, Program Area 2 initiatives continue with an allocation of over half of the available funding.
Observation: The balance of Vermont’s funding is primarily allocated to areas: 1) Program Area 13 (10.7% or $200,000) for treatment of adult and juvenile drug and alcohol dependent offenders, and 2) Program Area 18 (9.5% or $177,000) for programs targeted toward domestic and family violence. Vermont had the highest level of funding for domestic and family violence towards among the six states we surveyed.
Program Area 13 provides community based alternatives (rather than incarceration) for low risk offenders, which allows bed space at correctional facilities for the more serious offenders. The southern Vermont counties have instituted intensive substance abuse treatment programs to assist in reduced recidivism and violations of conditions.
Program Area 18 provides funding for program activities specific to Vermont in order to accomplish the following objectives: 1) Form a task force consisting of representatives from all agencies involved in addressing the issue of child abuse or sexual assault. 2) Establish countywide protocols regarding the reporting, investigation and prosecution of these cases. 3) Provide specialized training to all participants. A specialized Child Protection Unit within the Attorney General’s Office has been established with this funding to focus on child abuse cases that are referred for prosecution.
Vermont’s emphasis in this area is reflected in the its allocation of funds compared to 6 other states that were surveyed (see below - 3. Comparison: Vermont’s Allocations vs. Other States). Three out of the 6 states (Colorado, Connecticut and Utah) have no allocation in this area and the other three states (Iowa, Kansas and Montana) have allocations of 5.3%, 1.9% and 1.3%.
3. Comparison: Vermont’s Allocations vs. Other States
Compilation and comparison of the purpose areas that are funded under Byrne Grant funds allocated to Colorado, Connecticut, Iowa, Kansas, Montana and Utah is on Appendix B. These comparative states are relatively rural in nature or they receive a relatively low grant allocation.
Observation: The 6 other states surveyed allocate significant funding to Program Area 4 which provides funding for community and neighborhood crime prevention, including for rural jurisdictions. Vermont allocated no funding to this area.
Program Area 4 - Colorado allocates 19.8% of available funding to this area. For Colorado, these programs consist of community crime prevention programs, risk-focused prevention programs (Communities that Care initiative), and family centered programs. With the high concentration of rural jurisdictions in Vermont, it may be of interest to the VTSP to further research the success if these programs in the State of Colorado.
Observation: None of the states, including Vermont allocate funding to Program Area 22 which provides funding for programs aimed at the prosecution of driving-while-intoxicated charges and the enforcement of other laws relating to alcohol use and the operation of motor vehicles.
Although none of the surveyed states allocate funds to Program Area 22, the Law Enforcement Coordinating Committee (LECC) and the Governor's Criminal Justice Cabinet may be interested in discussing this area when developing the subsequent State Strategy. The VTSP may want to do some additional research in this program area to determine if states other than those surveyed in this report have successful programs that might be modeled. Allocating funds from Program Area 22 may be of particular interest at a time when policy makers are considering tightening Vermont’s own DWI laws.
Observation: Vermont allocates 1.8% of available funding to Program Area 10 which provides funding for improving the operational effectiveness of the Court Process by expanding prosecutorial, defender and judicial resources and implementing court delay reduction programs.
Out of the 6 states surveyed, all except Utah allocate funding to this program area. Connecticut allocates the highest percentage (17.2%). The other states allocate between 4.9% and 1.8% to this Program Area. Connecticut has three programs that have been in affect since 1997. The VTSP may want to discuss program results with officials in Connecticut to determine the success of these programs and if any of these programs have addressed court delay reduction.
Observation: Vermont’s allocation of funding to grant administration (3.2%) is comparatively low.
Provisions under the Byrne Grant allow up to 10% of the available funding to be used for grant administration. Vermont’s allocation in 1996 was 3.2%. In comparison, of the 6 states surveyed, one state (Colorado) allocated all 10% of available funding for this purpose and only 2 states (Kansas and Utah) surveyed allocate less than 4%.
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*Industrial-Hemp has no psychoactive properties following definition of the European Economic Community (EEC); THC content is less than 0.3%. In general, low THC-seed varieties without psychoactive properties are those that have a THC content of less than 1%. (See also No-THC Hemp-seed.) THC= Delta-9 TetraHydroCannabinol.
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