MARICOPACA DC-19-027AMENDMENT.PDF

ARIZONA CRIMINAL JUSTICE COMMISSION
Drug, Gang, and Violent Crime Control
GRANT AGREEMENT AMENDMENT
Amendment to ACJC Grant Number DC-19-027
Catalog of Federal Domestic Assistance (CFDA) Number 16.738
This amendment (“Amendment”) is made by the ARIZONA CRIMINAL JUSTICE COMMISSION
hereinafter called “COMMISSION” and MARICOPA COUNTY, through Maricopa County Attorney's
Office hereinafter called “GRANTEE”, parties to the Grant Agreement (“Agreement”) dated the 1st day
of June, 2018.
The Agreement is amended as follows:
1. The following provisions apply to the GRANTEE in order to receive federal funds from the FY
2017 Byrne/Justice Assistance Grant (JAG) if the GRANTEE is a State government.
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-contracted) correctional facility for the purpose of
permitting such agents to meet with individuals who are (or are believed by such agents to
be) aliens and to inquire as to such individuals' right to be or remain in the United States.
B. A State statute, or a State rule, regulation, policy, or practice, must be in place that is
designed to ensure that, when a State (or State-contracted) correctional facility receives
from the Department of Homeland Security (DHS) a formal written request authorized by the
Immigration and Nationality Act that seeks advance notice of the 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 para. 4 of this amendment), provide the requested notice to DHS.
2. The following provisions apply to the GRANTEE in order to receive federal funds from the FY
2017 Byrne/Justice Assistance Grant (JAG) if the GRANTEE is a unit of local government.
A. A local ordinance, rule, regulation, policy, or practice (or an applicable State statute, 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 access to a local government
(or local government-contracted) correctional facility for the purpose of permitting such
agents to meet with individuals who are (or are believed by such agents to be) aliens and to
inquire as to such individuals' right to be or remain in the United States.
B. A local ordinance, rule, regulation, policy, or practice (or an applicable State statute,
rule, regulation, policy, or practice) must be in place that is designed to ensure that,
when a local government (or local government-contracted) correctional facility receives
from DHS a formal written request authorized by the Immigration and Nationality Act
that seeks advance notice of the 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
para. 4 of this amendment), provide the requested notice to DHS.
3. For purposes of these provisions:
A. The term "alien" means what it means under section 101 of the Immigration and Nationality
Act (see 8 U.S.C. 1101(a)(3)).
B. The term "correctional facility" means what it means under the Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (see 42 U.S.C. 3791(a)(7)).

Drug, Gang, and Violent Crime Control Grant ACJC Grant Number DC-19-027 Page 2
4. Nothing in these provisions shall be understood to authorize or require the GRANTEE, 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 released in the absence of this
condition.
5. 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)). In the event that (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 permit 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.
Except as set forth in this amendment, the Agreement is unaffected and shall continue in full force
and effect in accordance with its terms. If there is conflict between this amendment and the
Agreement or any earlier amendment, the terms of this amendment will prevail.
FOR GRANTEE:
Authorized Signatory Date
Printed Name and Title
Approved as to form:
Legal counsel for GRANTEE Date
Printed Name and Title
FOR CRIMINAL JUSTICE COMMISSION:
Andrew T. LeFevre, Executive Director Date
Arizona Criminal Justice Commission