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U.S. Department of Justice Office of Justice Programs ` Bureau of Justice Assistance PItD1ECT1,7UTtHF.R 2014-DI-BX0990 AWARD CONTUNUATION SHEET Grant AWARD DATE I110=19 SPECIAL COVDITIONS 55. Required Slate-levelnles orpmetices related w aliens; allowablecosts PAGE 18 OF 21 The following provisions apply to the recipient of this award, if the recipient is a Snare government, and also apply to any State -government subrecipient at any tier (whether or not the recipient is a State government). 1. Requirements With respect to the "program or activity- that is funded (in whole or in part) by this award, as of the date the recipient accept this award, and throughout the remainder of the period ofperfonnance for the award -- A. A State statute, or a State rule, -regulation, -policy, or -practice, must be in place that is designed to ensure that agents of the United States acting under color of federal law in fact are given to access any State (or State.coutrscted) c nnoticnal facility for the purpose of permitting such age= to meet with individuals who are (or are believed by such agents to be) aliens and m inquire as to such individuals' right to be orremain in the United States. B. A State statute, or a State rule,-regdudon, -policy, or -practice, must be in place that is designed to ensure that, when a State for State -contracted) correctional facility receives from DHS a formal written request audutrired by the Immigration and Nationality Act that seats advance notice ofthe scheduled release date and time for a particular alien in such facility, then such facility will honor such request and— as early as practicable (see post. 4,B. of this rvnditlon) --provide the requested notice to DHS. 2. Monitoring The recipient's mumimmi; responsibilities include monitoring ofsuhrecipicat compliance with the requirements ofthis condition. 3. Moveable cuss Compliance with these regviremens is an authorized and priority purpose of thus award. To the extent that such toss am not reimbursed under any other federal program, award funds may be obligated (including far authorized reimbursements) for the reasonable, necessary, and allocable costa (if any) of-- (1) developing and putting into place statutes, rules, regulations, policies, and practices to satisfy this condition, and (2) permitting access as described in pars. LA. above, and (3) honoring any request from DHS that is encompassed by para I.R. above. 4. Rulesofconsiruction A. Forpurposes of this condition-- (1) thereon "alien" means what it means under section 101 ofthe Immigration and Nationality Act (sec 8 U.S.0 I IDI(E)(3)). (2) the term "corectional facility" means what it means under the Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (sec 42 U.S.C. 3791(aH7)). B. 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 would have been rcicascd in the absence of this condition. Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hour, if possible).' (See DHS Form 1-247A (3/17)). In die event that (e.g., fit light of dtc date DHS made such request) the scheduled release date and time for an alien are such as not to permit the advance notice that DHS has requested, it shall cotbe a violation of this condition to provide only as much advance notice as practicable. OUP FO" 400012 (REV. 489) 20A-29