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34 U.S.C. § 12106 — Formula for grants

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12106 — Formula for grants

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Stable record: federal_law:legal_authorities:record_usc_c91da1122207d6371c3cbfb8
Source file: Laws/federal/codes/united-states-code/title-34/section-12106-formula-for-grants--0b000038be.md
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Source location: Title 34, Chapter 121, § 12106; chapter-121-violent-crime-control-and-law-enforcement.md

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**(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 which the determination is made. (2) **Additional allocation** — 15 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 to each State that meets the requirements of [section 12103(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12103/c&num=0&edition=prelim) as follows: (A) 3.0 percent shall be allocated to each State that meets the requirements of [section 12103(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12103/c&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 such subsection, shall each be allocated 0.03 percent. (B) The amount remaining after application of subparagraph (A) shall be allocated to each State that meets the requirements of [section 12103(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12103/c&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 12102(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12102/c&num=0&edition=prelim) to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made. **(b) Allocation of truth-in-sentencing grants under section 12104** The amounts available for grants for [section 12104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12104&num=0&edition=prelim) shall be allocated to each State that meets the requirements of [section 12104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12104&num=0&edition=prelim) in the ratio that the average annual 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 States that meet the requirements of [section 12104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12104&num=0&edition=prelim) to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made, except that a State may not receive more than 25 percent of the total amount available for such grants. **(c) Unavailable data** If data regarding part 1 violent crimes in any State is substantially inaccurate or is unavailable for the 3 years preceding the year in which the determination is made, the Attorney General shall utilize the best available comparable data regarding the number of violent crimes for the previous year for the State for the purposes of allocation of funds under this part. **(d) Regional compacts** In determining the amount of funds that States organized as a regional compact may receive, the Attorney General shall first apply the formula in either subsection (a) or (b) and (c) of this section to each member State of the compact. The States organized as a regional compact may receive the sum of the amounts so determined.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13706 — Transferred

### Statutory Notes #### Codification Section 13706 was editorially reclassified as [section 12106 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12106&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12104 — Truth-in-sentencing incentive grants

**(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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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 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 application to the Attorney General that provides assurances that the State has implemented, or will implement, correctional policies and programs, including truth-in-sentencing laws that ensure that violent offenders serve a substantial portion of the sentences imposed, that are designed to provide sufficiently severe punishment for violent offenders, including violent juvenile offenders, and that the prison time served is appropriately 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 grant amounts if such State demonstrates that the State has, since 1993— (1) increased the percentage of persons arrested for a part 1 violent crime sentenced to prison; or (2) increased the average prison time actually served or the average percent of sentence served by persons convicted of a part 1 violent crime. Receipt of grant amounts under this subsection does not preclude eligibility for a grant under subsection (c). **(c) Additional amount for increased rate of incarceration and percentage of sentence served** A State that received a grant under subsection (a) is eligible to receive additional grant amounts if such State demonstrates that the State has— (1) since 1993, increased the percentage of persons arrested for a part 1 violent crime sentenced to prison, and has increased the average percent of sentence served by persons convicted of a part 1 violent crime; or (2) has increased by 10 percent or m

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12103

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12105 — Special rules

**(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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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12106 — Formula for grants

Page 312 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12106 reasonably comparable class of serious violent crimes as approved by the Attorney General. (Pub. L. 103–322, title II, § 20105, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–17; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; amended Pub. L. 105–277, div. E, § 3, Oct. 21, 1998, 112 Stat. 2681–760; Pub. L. 107–273, div. A, title III, § 307, Nov. 2, 2002, 116 Stat. 1783.) Editorial Notes CODIFICATION Section was formerly classified to section 13705 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. PRIOR PROVISIONS A prior section 20105 of Pub. L. 103–322, title II, Sept. 13, 1994, 108 Stat. 1818, related to rules and regulations prior to the general amendment of subtitle A of title II of Pub. L. 103–322 by Pub. L. 104–134. AMENDMENTS 2002—Subsec. (b). Pub. L. 107–273 substituted ‘‘Use of truth-in-sentencing and violent offender incarceration grants’’ for ‘‘Additional requirements’’ in heading and amended text generally, substituting provisions relat- ing to use of funds for juveniles in adult prisons or under the jurisdiction of an adult criminal court for provisions relating to additional requirements for grant eligibility. 1998—Subsec. (b). Pub. L. 105–277 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: ‘‘To be eligible to receive a grant under section 13703 or 13704 of this title, a State shall provide assurances to the Attorney General

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