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GAO-23-106012 1 (2023-06-13)

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             G  $     U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC  20548



June 13, 2023


The Honorable  Mitch McConnell
Minority Leader
United States Senate

The Honorable  Mike Braun
United States Senate

The Honorable  Ted Cruz
United States Senate

The Honorable  Bill Hagerty
United States Senate


BAIL: Information  on Whether  DOJ  Grants Were  Used  to Fund Cash  Bond

In U.S. courts, judges generally determine whether defendants charged with a crime should be
detained or released. Bail is the process of release and requires a contract between an
individual and the court-otherwise known as a bond. Bonds can be financial, such as a cash
bond, or non-financial, such as the promise to appear in court.

The mission of the Department of Justice (DOJ), in part, is to keep the U.S. safe and to protect
civil rights. DOJ awards federal assistance to state and local governments, for-profit and
nonprofit organizations, tribal governments, and educational institutions through its many grant
programs. Authorizing statutes and annual appropriations establish and fund these programs.
DOJ  has three grant-making components: the Office of Justice Programs (OJP), the Office on
Violence Against Women   (OVW), and the Office of Community Oriented Policing Services
(COPS  Office). These components  are responsible for managing and administering the grants
they provide to ensure that the recipients implement them consistent with applicable authorizing
and appropriations statutes, pertinent regulatory requirements, and the grants' terms and
conditions. For example, these components manage  and administer grants by requiring
recipients to submit quarterly financial reports and semiannual performance reports, and using
these reports to monitor activities paid for with the grant funds.1

You asked  us to review issues related to nonprofits using federal grant funds to pay cash bond
for bail on behalf of individuals. This report discusses the extent to which (1) DOJ grant funds
have been  awarded to nonprofits and used to pay cash bond for bail, and (2) prohibitions exist
in statute or regulation to prevent such use.


1DOJ grant recipients may also subaward funding to subrecipients. These subrecipients are required to report
information to the recipient of a DOJ grant, and the recipient is responsible for monitoring that its subrecipients
comply with statutory or regulatory requirements and the terms and conditions of the subaward. 2 C.F.R. § 200.332.


GAO-23-106012  Information on DOJ Grants and Cash Bond


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