34 U.S.C. § 12101 — Definitions

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 the statutory range; (2) the term ‘‘part 1 violent crime’’ means murder and nonnegligent manslaughter, forc- ible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investiga- tion for purposes of the Uniform Crime Re- ports; and (3) the term ‘‘State’’ means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (Pub. L. 103–322, title II, § 20101, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–15; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.) Editorial Notes CODIFICATION Section was formerly classified to section 13701 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 20101 of Pub. L. 103–322, title II, Sept. 13, 1994, 108 Stat. 1815, related to grants for correctional facilities prior to the general amendment of subtitle A of title II of Pub. L. 103–322 by Pub. L. 104–134. § 12102. Authorization of grants (a) In general The Attorney General shall provide Violent Offender Incarceration grants under section 12103 of this title and Truth-in-Sentencing In- centive grants under section 12104 of this title to eligible States— (1) to build or expand correctional facilities to increase the bed capacity for the confine- ment 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 perma- nent correctional facilities, including facili- ties on military bases, prison barges, and boot camps, for the confinement of convicted non- violent 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. (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 eligibility requirements of section 12104 of this title, a State that cer- tifies to the Attorney General that, as of April 26, 1996, such State has enacted legislation in re- liance on this part, as enacted on September 13, 1994, and would in fact qualify under those provi- sions, shall be eligible to receive a grant for fis- cal year 1996 as though such State qualifies under section 12104 of this title. (Pub. L. 103–322, title II, § 20102, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–15; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327;