34 U.S.C. § 12242 — Definitions

Page 334 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12227 grants are made available under this part which shall contain a detailed statement regarding grant awards, activities of grant recipients, a compilation of statistical information sub- mitted by applicants, and an evaluation of pro- grams established under this part. (Pub. L. 103–322, title III, § 31706, Sept. 13, 1994, 108 Stat. 1892.) Editorial Notes CODIFICATION Section was formerly classified to section 13866 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 12227. Definitions In this part— ‘‘Indian tribe’’ means a tribe, band, pueblo, nation, or other organized group or commu- nity of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligi- ble for the special programs and services pro- vided by the United States to Indians because of their status as Indians. ‘‘State’’ means a State, the District of Co- lumbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and the United States Virgin Islands. ‘‘young violent offenders’’ means individ- uals, ages 7 through 22, who have committed crimes of violence, weapons offenses, drug dis- tribution, hate crimes and civil rights viola- tions, and offenses against personal property of another. (Pub. L. 103–322, title III, § 31708, Sept. 13, 1994, 108 Stat. 1892.) Editorial Notes REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in text, is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. CODIFICATION Section was formerly classified to section 13868 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PART G—FAMILY UNITY DEMONSTRATION PROJECT § 12241. Purpose The purpose of this part is to evaluate the ef- fectiveness of certain demonstration projects in helping to— (1) alleviate the harm to children and pri- mary caretaker parents caused by separation due to the incarceration of the parents; (2) reduce recidivism rates of prisoners by encouraging strong and supportive family re- lationships; and (3) explore the cost effectiveness of commu- nity correctional facilities. (Pub. L. 103–322, title III, § 31902, Sept. 13, 1994, 108 Stat. 1892.) Editorial Notes CODIFICATION Section was formerly classified to section 13881 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of subtitle S of title III of Pub. L. 103–322, which is classified to this part, as the ‘‘Family Unity Demonstration Project Act’’, see section 31901 of Pub. L. 103–322, set out as a Short Title of 1994 Act note under section 10101 of this title. § 12242. Definitions In this part— ‘‘child’’ means a person who is less than 7 years of age. ‘‘community correctional facility’’ means a residential facility that— (A) is used only for eligible offenders and their children under 7 years of age; (B) is not within the confines of a jail or prison; (C) houses no more than 50 prisoners in ad- dition to their children; and (D) provides to inmates and their chil- dren— (i) a safe, stable, environment for chil- dren; (ii) pediatric and adult medical care con- sistent with medical standards for correc- tional facilities; (iii) programs to improve the stability of the parent-child relationship, including educating parents regarding— (I) child development; and (II) household management; (iv) alcoholism and drug addiction treat- ment for prisoners; and (v) programs and support services to help inmates— (I) to improve and maintain mental and physical health, including access to counseling; (II) to obtain adequate housing upon release from State incarceration; (III) to obtain suitable education, em- ployment, or training for employment; and (IV) to obtain suitable child care. ‘‘eligible offender’’ means a primary care- taker parent who— (A) has been sentenced to a term of impris- onment of not more than 7 years or is await- ing sentencing for a conviction punishable by such a term of imprisonment; and (B) has not engaged in conduct that— (i) knowingly resulted in death or seri- ous bodily injury; (ii) is a felony for a crime of violence against a person; or (iii) constitutes child neglect or mental, physical, or sexual abuse of a child. ‘‘primary caretaker parent’’ means— Page 335 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12253 1 See References in Text note below. (A) a parent who has consistently assumed responsibility for the housing, health, and safety of a child prior to incarceration; or (B) a woman who has given birth to a child after or while awaiting her sentencing hear- ing and who expresses a willingness to as- sume responsibility for the housing, health, and safety of that child, a parent who, in the best interest of a child, has arranged for the temporary care of the child in the home of a relative or other respon- sible adult shall not for that reason be ex- cluded from the category ‘‘primary care- taker’’. ‘‘State’’ means a State, the District of Co- lumbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Is- lands. (Pub. L. 103–322, title III, § 31903, Sept. 13, 1994, 108 Stat. 1893.) Editorial Notes CODIFICATION Section was formerly classified to section 13882 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBPART 1—GRANTS TO STATES § 12251. Authority to make grants (a) General authority The Attorney General may make grants, on a competitive basis, to States to carry out in ac- cordance with this part family unity demonstra- tion projects that enable eligible offenders to live in community correctional facilities with their children. (b) Preferences For the purpose of making grants under sub- section (a), the Attorney General shall give pref- erence to a State that includes in the applica- tion required by section 12252 of this title assur- ances that if the State receives a grant— (1) both the State corrections agency and the State health and human services agency will participate substantially in, and cooper- ate closely in all aspects of, the development and operation of the family unity demonstra- tion project for which such a grant is re- quested; (2) boards made up of community members, including residents, local businesses, correc- tions officials, former prisoners, child develop- ment professionals, educators, and maternal and child health professionals will be estab- lished to advise the State regarding the oper- ation of such project; (3) the State has in effect a policy that pro- vides for the placement of all prisoners, when- ever possible, in correctional facilities for which they qualify that are located closest to their respective family homes; (4) unless the Attorney General determines that a longer timeline is appropriate in a par- ticular case, the State will implement the project not later than 180 days after receiving a grant under subsection (a) and will expend all of the grant during a 1-year period; (5) the State has the capacity to continue implementing a community correctional facil- ity beyond the funding period to ensure the continuity of the work; (6) unless the Attorney General determines that a different process for selecting partici- pants in a project is desirable, the State will— (A) give written notice to a prisoner, not later than 30 days after the State first re- ceives a grant under subsection (a) or 30 days after the prisoner is sentenced to a term of imprisonment of not more than 7 years (whichever is later), of the proposed or cur- rent operation of the project; (B) accept at any time at which the project is in operation an application by a prisoner to participate in the project if, at the time of application, the remainder of the prisoner’s sentence exceeds 180 days; (C) review applications by prisoners in the sequence in which the State receives such applications; and (D) not more than 50 days after reviewing such applications approve or disapprove the application; and (7) for the purposes of selecting eligible of- fenders to participate in such project, the State has authorized State courts to sentence an eligible offender directly to a community correctional facility, provided that the court gives assurances that the offender would have otherwise served a term of imprisonment. (c) Selection of grantees The Attorney General shall make grants under subsection (a) on a competitive basis, based on such criteria as the Attorney General shall issue by rule and taking into account the preferences described in subsection (b). (Pub. L. 103–322, title III, § 31911, Sept. 13, 1994, 108 Stat. 1894.) Editorial Notes CODIFICATION Section was formerly classified to section 13891 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 12252. Eligibility to receive grants To be eligible to receive a grant under section 12251 of this title, a State shall submit to the Attorney General an application at such time, in such form, and containing such information as the Attorney General reasonably may require by rule. (Pub. L. 103–322, title III, § 31912, Sept. 13, 1994, 108 Stat. 1895.) Editorial Notes CODIFICATION Section was formerly classified to section 13892 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 12253. Report (a) In general A State that receives a grant under this sub- part 1 shall, not later than 90 days after the 1-