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34 U.S.C. § 12102 — Authorization of grants

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

34 U.S.C. § 12102 — Authorization of grants

**(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

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Source location: Title 34, Chapter 121, § 12102; chapter-121-violent-crime-control-and-law-enforcement.md

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

34 U.S.C. § 60504 — Addressing the needs of children of incarcerated parents

**(a) Best practices** (1) **In general** — From amounts made available to carry out this section, the Attorney General may collect data and develop best practices of State corrections departments and child protection agencies relating to the communication and coordination between such State departments and agencies to ensure the safety and support of children of incarcerated parents (including those in foster care and kinship care), and the support of parent-child relationships between incarcerated (and formerly incarcerated) parents and their children, as appropriate to the health and well-being of the children. (2) **Contents** — The best practices developed under paragraph (1) shall include information related to policies, procedures, and programs that may be used by States to address— (A) maintenance of the parent-child bond during incarceration; (B) parental self-improvement; and (C) parental involvement in planning for the future and well-being of their children. **(b) Dissemination to States** Not later than 1 year after the development of best practices described in subsection (a), the Attorney General shall disseminate to States and other relevant entities such best practices. **(c) Sense of Congress** It is the sense of Congress that States and other relevant entities should use the best practices developed and disseminated in accordance with this section to evaluate and improve the communication and coordination between State corrections departments and child protection agencies to ensure the safety and support of children of incarcerated parents (including those in foster care and kinship care), and the support of parent-child relationships between incarcerated (and formerly incarcerated) parents and their children, as appropriate to the health

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

42 U.S.C. § 13702 — Transferred

### Statutory Notes #### Codification Section 13702 was editorially reclassified as [section 12102 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12102&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

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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

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

34 U.S.C. § 12102 — Authorization of grants

Page 309 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12102 Sec. 12575. Eligibility. 12576. State application. 12577. Local application. 12578. Scholarship agreement. SUBCHAPTER VIII—STATE AND LOCAL LAW ENFORCEMENT PART A—DNA IDENTIFICATION 12591. Quality assurance and proficiency testing standards. 12592. Index to facilitate law enforcement exchange of DNA identification information. 12593. Federal Bureau of Investigation. PART B—POLICE PATTERN OR PRACTICE 12601. Cause of action. 12602. Data on use of excessive force. SUBCHAPTER IX—MOTOR VEHICLE THEFT PROTECTION 12611. Motor vehicle theft prevention program. SUBCHAPTER X—PROTECTIONS FOR THE ELDERLY 12621. Missing Americans Alert Program. 12622. Annual report. 12623. Standards and best practices for use of non- invasive and non-permanent tracking de- vices. SUBCHAPTER XI—VIOLENT CRIME REDUCTION TRUST FUND 12631. Creation of Violent Crime Reduction Trust Fund. 12632. Extension of authorizations of appropriations for fiscal years for which full amount au- thorized is not appropriated. 12633. Flexibility in making of appropriations. SUBCHAPTER XII—MISCELLANEOUS 12641. Task force relating to introduction of non- indigenous species. 12642. Coordination of substance abuse treatment and prevention programs. 12643. Edward Byrne Memorial Formula Grant Pro- gram. SUBCHAPTER I—PRISONS PART A—VIOLENT OFFENDER INCARCERATION AND TRUTH-IN-SENTENCING INCENTIVE GRANTS § 12101. Definitions Unless otherwise provided, for purposes of this part— (1) the term ‘‘indeterminate sentencing’’ means a system by which— (A) the court may impose a sentence of a range defined by statute; and (B) an administrative agency, generally the parole board, or the court, controls re- lease within th

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