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34 U.S.C. § 12105 — Special rules
Federal law — U.S. Code and appendices · legal_authorities
**(a) Sharing of funds with counties and other units of local government**
(1) **Reservation** — Each State shall reserve not more than 15 percent of the amount of funds allocated in a fiscal year pursuant to [section 12106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12106&num=0&edition=prelim) for counties and units of local government to construct, develop, expand, modify, or improve jails and other correctional facilities.
(2) **Factors for determination of amount** — To determine the amount of funds to be reserved under this subsection, a State shall consider the burden placed on a county or unit of local government that results from the implementation of policies adopted by the State to carry out section 12103 or 12104 of this title.
**(b) Use of truth-in-sentencing and violent offender incarceration grants** Funds provided under section 12103 or 12104 of this title may be applied to the cost of—
(1) altering existing correctional facilities to provide separate facilities for juveniles under the jurisdiction of an adult criminal court who are detained or are serving sentences in adult prisons or jails;
(2) providing correctional staff who are responsible for supervising juveniles who are detained or serving sentences under the jurisdiction of an adult criminal court with orientation and ongoing training regarding the unique needs of such offenders; and
(3) providing ombudsmen to monitor the treatment of juveniles who are detained or serving sentences under the jurisdiction of an adult criminal court in adult facilities, consistent with guidelines issued by the Assistant Attorney General.
**(c) Funds for juvenile offenders** Notwithstanding any other provision of this part, if a State, or unit of local government
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12105
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Stable record: federal_law:legal_authorities:record_usc_301d7900499289d0f97b9be4
Source file: Laws/federal/codes/united-states-code/title-34/section-12105-special-rules--b556e72463.md
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Source location: Title 34, Chapter 121, § 12105; chapter-121-violent-crime-control-and-law-enforcement.md
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**(a) Sharing of funds with counties and other units of local government**
(1) **Reservation** — Each State shall reserve not more than 15 percent of the amount of funds allocated in a fiscal year pursuant to [section 12106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12106&num=0&edition=prelim) for counties and units of local government to construct, develop, expand, modify, or improve jails and other correctional facilities.
(2) **Factors for determination of amount** — To determine the amount of funds to be reserved under this subsection, a State shall consider the burden placed on a county or unit of local government that results from the implementation of policies adopted by the State to carry out section 12103 or 12104 of this title.
**(b) Use of truth-in-sentencing and violent offender incarceration grants** Funds provided under section 12103 or 12104 of this title may be applied to the cost of—
(1) altering existing correctional facilities to provide separate facilities for juveniles under the jurisdiction of an adult criminal court who are detained or are serving sentences in adult prisons or jails;
(2) providing correctional staff who are responsible for supervising juveniles who are detained or serving sentences under the jurisdiction of an adult criminal court with orientation and ongoing training regarding the unique needs of such offenders; and
(3) providing ombudsmen to monitor the treatment of juveniles who are detained or serving sentences under the jurisdiction of an adult criminal court in adult facilities, consistent with guidelines issued by the Assistant Attorney General.
**(c) Funds for juvenile offenders** Notwithstanding any other provision of this part, if a State, or unit of local government located in a State that otherwise meets the requirements of section 12103 or 12104 of this title, certifies to the Attorney General that exigent circumstances exist that require the State to expend funds to build or expand facilities to confine juvenile offenders other than juvenile offenders adjudicated delinquent for an act which, if committed by an adult, would be a part 1 violent crime, the State may use funds received under this part to build or expand juvenile correctional facilities or pretrial detention facilities for juvenile offenders.
**(d) Private facilities** A State may use funds received under this part for the privatization of facilities to carry out the purposes of [section 12102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12102&num=0&edition=prelim).
**(e) “Part 1 violent crime” defined** For purposes of this part, “part 1 violent crime” means a part 1 violent crime as defined in section 12101(3) 11 So in original. Probably should be section “12101(2)”. of this title, or a crime in a reasonably comparable class of serious violent crimes as approved by the Attorney General.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 13705 was editorially reclassified as [section 12105 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12105&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 13705
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Allocation of violent offender incarceration grants under section 12103**
(1) **Formula allocation** — 85 percent of the amount available for grants under [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12103&num=0&edition=prelim) for any fiscal year shall be allocated as follows (except that a State may not receive more than 9 percent of the total amount of funds made available under this paragraph):
(A) 0.75 percent shall be allocated to each State that meets the requirements of [section 12103(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12103/a&num=0&edition=prelim), except that the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, if eligible under [section 12103(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12103/a&num=0&edition=prelim), shall each be allocated 0.05 percent.
(B) The amount remaining after application of subparagraph (A) shall be allocated to each State that meets the requirements of [section 12103(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12103/b&num=0&edition=prelim), in the ratio that the number of part 1 violent crimes reported by such State to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made, bears to the average annual number of part 1 violent crimes reported by all States that meet the requirements of [section 12103(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12103/b&num=0&edition=prelim) to the Federal Bureau of Investigation for the 3 years preceding the year in wh
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12106
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Attorney General shall provide Violent Offender Incarceration grants under [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12103&num=0&edition=prelim) and Truth-in-Sentencing Incentive grants under [section 12104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12104&num=0&edition=prelim) to eligible States—
(1) to build or expand correctional facilities to increase the bed capacity for the confinement of persons convicted of a part 1 violent crime or adjudicated delinquent for an act which if committed by an adult, would be a part 1 violent crime;
(2) to build or expand temporary or permanent correctional facilities, including facilities on military bases, prison barges, and boot camps, for the confinement of convicted nonviolent offenders and criminal aliens, for the purpose of freeing suitable existing prison space for the confinement of persons convicted of a part 1 violent crime;
(3) to build or expand jails; and
(4) to carry out any activity referred to in [section 10631(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10631/b&num=0&edition=prelim).
**(b) Regional compacts**
(1) **In general** — Subject to paragraph (2), States may enter into regional compacts to carry out this part. Such compacts shall be treated as States under this part.
(2) **Requirement** — To be recognized as a regional compact for eligibility for a grant under section 12103 or 12104 of this title, each member State must be eligible individually.
(3) **Limitation on receipt of funds** — No State may receive a grant under this part both individually and as part of a compact.
**(c) Applicability** Notwithstanding the el
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12102
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Federal law — U.S. Code and appendices · legal_authorities
Page 311
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 12105
1 So in original. Probably should be section ‘‘12101(2)’’.
tence imposed (without counting time not ac-
tually served, such as administrative or statu-
tory incentives for good behavior); or
(C) in the case of a State that on April 26,
1996, practices indeterminate sentencing with
regard to any part 1 violent crime—
(i) persons convicted of a part 1 violent
crime on average serve not less than 85 per-
cent of the prison term established under
the State’s sentencing and release guide-
lines; or
(ii) persons convicted of a part 1 violent
crime on average serve not less than 85 per-
cent of the maximum prison term allowed
under the sentence imposed by the court
(not counting time not actually served such
as administrative or statutory incentives for
good behavior); and
(2) such State has provided assurances that
it will follow guidelines established by the At-
torney General in reporting, on a quarterly
basis, information regarding the death of any
person who is in the process of arrest, is en
route to be incarcerated, or is incarcerated at
a municipal or county jail, State prison, or
other local or State correctional facility (in-
cluding any juvenile facility) that, at a min-
imum, includes—
(A) the name, gender, race, ethnicity, and
age of the deceased;
(B) the date, time, and location of death;
and
(C) a brief description of the circumstances
surrounding the death.
(b) Exception
Notwithstanding subsection (a), a State may
provide that the Governor of the State may
allow for the earlier release of—
(1) a geriatric prisoner; or
(2) a prisoner whose medical condition pre-
cludes the prisoner from posing a threat to the
public, but only after a public hearing in
which representatives
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 12105
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