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34 U.S.C. § 12104 — Truth-in-sentencing incentive grants
Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility** To be eligible to receive a grant award under this section, a State shall submit an application to the Attorney General that demonstrates that—
(1)
(A) such State has implemented truth-in-sentencing laws that—
(i) require persons convicted of a part 1 violent crime to serve not less than 85 percent of the sentence imposed (without counting time not actually served, such as administrative or statutory incentives for good behavior); or
(ii) result in persons convicted of a part 1 violent crime serving on average not less than 85 percent of the sentence imposed (without counting time not actually served, such as administrative or statutory incentives for good behavior);
(B) such State has truth-in-sentencing laws that have been enacted, but not yet implemented, that require such State, not later than 3 years after such State submits an application to the Attorney General, to provide that persons convicted of a part 1 violent crime serve not less than 85 percent of the sentence imposed (without counting time not actually served, such as administrative or statutory 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 percent of the prison term established under the State’s sentencing and release guidelines; or
(ii) persons convicted of a part 1 violent crime on average serve not less than 85 percent 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
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Source location: Title 34, Chapter 121, § 12104; chapter-121-violent-crime-control-and-law-enforcement.md
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**(a) Eligibility** To be eligible to receive a grant award under this section, a State shall submit an application to the Attorney General that demonstrates that—
(1)
(A) such State has implemented truth-in-sentencing laws that—
(i) require persons convicted of a part 1 violent crime to serve not less than 85 percent of the sentence imposed (without counting time not actually served, such as administrative or statutory incentives for good behavior); or
(ii) result in persons convicted of a part 1 violent crime serving on average not less than 85 percent of the sentence imposed (without counting time not actually served, such as administrative or statutory incentives for good behavior);
(B) such State has truth-in-sentencing laws that have been enacted, but not yet implemented, that require such State, not later than 3 years after such State submits an application to the Attorney General, to provide that persons convicted of a part 1 violent crime serve not less than 85 percent of the sentence imposed (without counting time not actually served, such as administrative or statutory 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 percent of the prison term established under the State’s sentencing and release guidelines; or
(ii) persons convicted of a part 1 violent crime on average serve not less than 85 percent 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 Attorney 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 (including any juvenile facility) that, at a minimum, 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 precludes the prisoner from posing a threat to the public, but only after a public hearing in which representatives of the public and the prisoner’s victims have had an opportunity to be heard regarding a proposed release.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 13704 was editorially reclassified as [section 12104 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12104&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 13704
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Federal law — U.S. Code and appendices · legal_authorities
There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this chapter as the “Office”) shall be headed by an Assistant Attorney General (hereinafter in this chapter referred to as the “Assistant Attorney General”) appointed by the President, by and with the advice and consent of the Senate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10101
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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
**(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**
(1) **Authorizations** — There are authorized to be appropriated to carry out this part—
(A) $997,500,000 for fiscal year 1996;
(B) $1,330,000,000 for fiscal year 1997;
(C) $2,527,000,000 for fiscal year 1998;
(D) $2,660,000,000 for fiscal year 1999; and
(E) $2,753,100,000 for fiscal year 2000.
(2) **Distribution**
(A) *In general* — Of the amounts remaining after the allocation of funds for the purposes set forth under sections 12110, 12111, and 12109 of this title, the Attorney General shall, from amounts authorized to be appropriated under paragraph (1) for each fiscal year, distribute 50 percent for 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 50 percent for incentive grants under [section 12104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12104&num=0&edition=prelim).
(B) *Distribution of minimum amounts* — The Attorney General shall distribute minimum amounts allocated for [section 12103(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12103/a&num=0&edition=prelim) to an eligible State not later than 30 days after receiving an application that demonstrates that such State qualifies for a Violent Offender Incarceration grant under [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12103&num=0&edition=prelim) or a Truth-in-Sentencing Incentive grant under [section 12104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12104&num=0&edition=prelim).
**(b) Limitations on funds**
(1) **Uses of funds** — Except as provided in
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12108
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Federal law — U.S. Code and appendices · legal_authorities
Page 310
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 12103
amended Pub. L. 110–199, title I, § 104(a), Apr. 9,
2008, 122 Stat. 669.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 13702 of
Title 42, The Public Health and Welfare, prior to edi-
torial reclassification and renumbering as this section.
PRIOR PROVISIONS
A prior section 20102 of Pub. L. 103–322, title II, Sept.
13, 1994, 108 Stat. 1816, related to Truth in Sentencing
Incentive Grants prior to the general amendment of
subtitle A of title II of Pub. L. 103–322 by Pub. L.
104–134.
AMENDMENTS
2008—Subsec. (a)(4). Pub. L. 110–199 added par. (4).
Statutory Notes and Related Subsidiaries
CONSTRUCTION OF 2008 AMENDMENT
For construction of amendments by Pub. L. 110–199
and requirements for grants made under such amend-
ments, see section 60504 of this title.
§ 12103. Violent offender incarceration grants
(a) Eligibility for minimum grant
To be eligible to receive a minimum grant
under this section, a State shall submit an ap-
plication to the Attorney General that provides
assurances that the State has implemented, or
will implement, correctional policies and pro-
grams, including truth-in-sentencing laws that
ensure that violent offenders serve a substantial
portion of the sentences imposed, that are de-
signed to provide sufficiently severe punishment
for violent offenders, including violent juvenile
offenders, and that the prison time served is ap-
propriately related to the determination that
the inmate is a violent offender and for a period
of time deemed necessary to protect the public.
(b) Additional amount for increased percentage
of persons sentenced and time served
A State that received a grant under subsection
(a) is eligible to receive additional gr
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 12104
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