34 U.S.C. § 10409 — Assessment reports

Page 123 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10409 (e) Matching funds (1) In general The Federal share of a grant received under this subchapter may not exceed 90 percent of the total program costs. (2) Construction of facilities Notwithstanding paragraph (1), with respect to the cost of constructing juvenile detention or correctional facilities, the Federal share of a grant received under this subchapter may not exceed 50 percent of approved cost. (Pub. L. 90–351, title I, § 1805, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1865.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ee–5 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 1805 of title I of Pub. L. 90–351, as added Pub. L. 103–322, title II, § 20201(a)(3), Sept. 13, 1994, 108 Stat. 1821, and classified to former section 3796ee–4 of Title 42, The Public Health and Welfare, related to allocation and distribution of funds, prior to the gen- eral amendment of part R of title I of Pub. L. 90–351 by Pub. L. 107–273. § 10407. Utilization of private sector Funds or a portion of funds allocated under this subchapter may be used by a State or unit of local government that receives a grant under this subchapter to contract with private, non- profit entities, or community-based organiza- tions to carry out the purposes specified under section 10401(b) of this title. (Pub. L. 90–351, title I, § 1806, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1866.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ee–6 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 1806 of title I of Pub. L. 90–351, as added Pub. L. 103–322, title II, § 20201(a)(3), Sept. 13, 1994, 108 Stat. 1822, and classified to former section 3796ee–5 of Title 42, The Public Health and Welfare, required each State and unit of local government to submit an annual evaluation of programs, prior to the general amendment of part R of title I of Pub. L. 90–351 by Pub. L. 107–273. § 10408. Administrative provisions (a) In general A State or specially qualified unit that re- ceives funds under this subchapter shall— (1) establish a trust fund in which the gov- ernment will deposit all payments received under this subchapter; (2) use amounts in the trust fund (including interest) during the period specified in section 10406(b)(1) of this title and any extension of that period under section 10406(b)(2) of this title; (3) designate an official of the State or spe- cially qualified unit to submit reports as the Attorney General reasonably requires, in addi- tion to the annual reports required under this subchapter; and (4) spend the funds only for the purpose of strengthening the juvenile justice system. (b) Chapter provisions Except as otherwise provided, the administra- tive provisions of subchapter VII shall apply to this subchapter and for purposes of this section any reference in such provisions to this chapter shall be deemed to include a reference to this subchapter. (Pub. L. 90–351, title I, § 1807, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1866.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ee–7 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10409. Assessment reports (a) Reports to Attorney General (1) In general Except as provided in paragraph (4), for each fiscal year for which a grant or subgrant is awarded under this subchapter, each State or specially qualified unit of local government that receives such a grant shall submit to the Attorney General a grant report, and each unit of local government that receives such a subgrant shall submit to the State a subgrant report, at such time and in such manner as the Attorney General may reasonably require. (2) Grant report Each grant report required by paragraph (1) shall include— (A) a summary of the activities carried out with such grant; (B) if such activities included any subgrant, a summary of the activities car- ried out with each such subgrant; and (C) an assessment of the effectiveness of such activities on achieving the purposes of this subchapter. (3) Subgrant report Each subgrant report required by paragraph (1) shall include— (A) a summary of the activities carried out with such subgrant; and (B) an assessment of the effectiveness of such activities on achieving the purposes of this subchapter. (4) Waivers The Attorney General may waive the re- quirement of an assessment in paragraph (2)(C) for a State or specially qualified unit of local government, or in paragraph (3)(B) for a unit of local government, if the Attorney Gen- eral determines that— (A) the nature of the activities are such that assessing their effectiveness would not be practical or insightful; Page 124 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10410 (B) the amount of the grant or subgrant is such that carrying out the assessment would not be an effective use of those amounts; or (C) the resources available to the State or unit are such that carrying out the assess- ment would pose a financial hardship on the State or unit. (b) Reports to Congress Not later than 120 days after the last day of each fiscal year for which 1 or more grants are awarded under this subchapter, the Attorney General shall submit to Congress a report, which shall include— (1) a summary of the information provided under subsection (a); (2) an assessment by the Attorney General of the grant program carried out under this sub- chapter; and (3) such other information as the Attorney General considers appropriate. (Pub. L. 90–351, title I, § 1808, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1867.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ee–8 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10410. Definitions In this subchapter: (1) Unit of local government The term ‘‘unit of local government’’ means— (A) a county, township, city, or political subdivision of a county, township, or city, that is a unit of local government as deter- mined by the Secretary of Commerce for general statistical purposes; (B) any law enforcement district or judi- cial enforcement district that— (i) is established under applicable State law; and (ii) has the authority, in a manner inde- pendent of other State entities, to estab- lish a budget and raise revenues; and (C) the District of Columbia and the recog- nized governing body of an Indian tribe or Alaskan Native village that carries out sub- stantial governmental duties and powers. (2) Specially qualified unit The term ‘‘specially qualified unit’’ means a unit of local government which may receive funds under this subchapter only in accord- ance with section 10404(e) of this title. (3) State The term ‘‘State’’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Is- lands, American Samoa, Guam, and the North- ern Mariana Islands, except that— (A) the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands (the ‘‘partial States’’) shall collectively be considered as 1 State; and (B) for purposes of section 10404(a) of this title, the amount allocated to a partial State shall bear the same proportion to the amount collectively allocated to the partial States as the population of the partial State bears to the collective population of the par- tial States. (4) Juvenile The term ‘‘juvenile’’ means an individual who is 17 years of age or younger. (5) Juvenile justice expenditures The term ‘‘juvenile justice expenditures’’ means expenditures in connection with the ju- venile justice system, including expenditures in connection with such system to carry out— (A) activities specified in section 10401(b) of this title; and (B) other activities associated with pros- ecutorial and judicial services and correc- tions as reported to the Bureau of the Cen- sus for the fiscal year preceding the fiscal year for which a determination is made under this subchapter. (6) Part 1 violent crimes The term ‘‘part 1 violent crimes’’ 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. (Pub. L. 90–351, title I, § 1809, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1867.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ee–9 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER XVIII—RESIDENTIAL SUB- STANCE ABUSE TREATMENT FOR STATE PRISONERS § 10421. Grant authorization (a) In general The Attorney General may make grants under this subchapter to States, for use by States and units of local government for the purpose of— (1) developing and implementing residential substance abuse treatment programs within State correctional facilities, as well as within local correctional and detention facilities in which inmates are incarcerated for a period of time sufficient to permit substance abuse treatment; (2) encouraging the establishment and main- tenance of drug-free prisons and jails; and (3) developing and implementing specialized residential substance abuse treatment pro- grams that identify and provide appropriate treatment to inmates with co-occurring men- tal health and substance abuse disorders or challenges. (b) Consultation The Attorney General shall consult with the Secretary of Health and Human Services to en-