34 U.S.C. § 10171 — Correctional options grants

Page 57 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10171 tion, the Comptroller General of the United States shall review the grant program under this section and submit to Congress a report assessing the grant program, including— (A) the process for developing and identi- fying curricula under section 10381(n)(1) 1 of this title, including the effectiveness of the consultation by the Attorney General with the agencies, associations, and organizations identified under section 10381(n)(1)(C) 1 of this title; (B) the certification of training programs and courses under section 10381(n)(2) 1 of this title, including the development of the proc- ess for certification and its implementation; (C) the training of law enforcement per- sonnel under section 10381(n)(3) 1 of this title, including the geographic distribution of the agencies that employ the personnel receiv- ing the training and the sizes of those agen- cies; (D) the allocation of funds under sub- section (c), including the geographic dis- tribution of the agencies that receive funds and the degree to which both large and small agencies receive funds; and (E) the amount of funding distributed to agencies compared with the amount appro- priated under this section, the amount spent for training, and whether plans have been put in place by the recipient agencies to use unspent available funds. (2) GAO access to portal For the purposes of preparing the report under paragraph (1), the Comptroller General of the United States shall have direct access to the portal developed under subsection (d)(3). (h) Authorization of appropriations There is authorized to be appropriated to carry out this section— (1) $40,000,000 for fiscal year 2025; and (2) $50,000,000 for fiscal year 2026. (Pub. L. 90–351, title I, § 508, as added Pub. L. 117–325, § 2(c)(2), Dec. 27, 2022, 136 Stat. 4444.) Editorial Notes REFERENCES IN TEXT Section 10381(n) of this title, referred to in text, was redesignated section 10381(o) of this title by Pub. L. 118–64, § 3, May 24, 2024, 138 Stat. 1435. PRIOR PROVISIONS A prior section 508 of Pub. L. 90–351 was renumbered section 509 and had been classified to section 3758 of Title 42, The Public Health and Welfare, prior to being omitted from the Code. Another prior section 508 of Pub. L. 90–351, as added Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4335, related to distribution of grants to local govern- ment, prior to repeal by Pub. L. 109–162, title XI, § 1111(a)(1), (d), Jan. 5, 2006, 119 Stat. 3094, 3102, applica- ble with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter. PART B—DISCRETIONARY GRANTS SUBPART 1—GRANTS TO PUBLIC AGENCIES § 10171. Correctional options grants (a) Authority to make grants The Director, in consultation with the Direc- tor of the National Institute of Corrections, may make— (1) 4 grants in each fiscal year, in various geographical areas throughout the United States, to public agencies for correctional op- tions (including the cost of construction) that provide alternatives to traditional modes of incarceration and offender release programs— (A) to provide more appropriate interven- tion for youthful offenders who are not ca- reer criminals, but who, without such inter- vention, are likely to become career crimi- nals or more serious offenders; (B) to provide a degree of security and dis- cipline appropriate for the offender involved; (C) to provide diagnosis, and treatment and services (including counseling, sub- stance abuse treatment, education, job training and placement assistance while under correctional supervision, and linkage to similar outside services), to increase the success rate of offenders who decide to pur- sue a course of lawful and productive con- duct after release from legal restraint; (D) to reduce criminal recidivism by of- fenders who receive punishment through such alternatives; (E) to reduce the cost of correctional serv- ices and facilities by reducing criminal re- cidivism; and (F) to provide work that promotes develop- ment of industrial and service skills in con- nection with a correctional option; (2) grants to private nonprofit organiza- tions— (A) for any of the purposes specified in subparagraphs (A) through (F) of paragraph (1); (B) to undertake educational and training programs for criminal justice personnel; (C) to provide technical assistance to States and local units of government; and (D) to carry out demonstration projects which, in view of previous research or expe- rience, are likely to be a success in more than one jurisdiction; in connection with a correctional option (ex- cluding the cost of construction); (3) grants to public agencies to establish, op- erate, and support boot camp prisons; and (4) grants to State courts to improve secu- rity for State and local court systems. (b) Selection of grantees The selection of applicants to receive grants under paragraphs (1) and (2) of subsection (a) shall be based on their potential for developing or testing various innovative alternatives to traditional modes of incarceration and offender release programs. In selecting the applicants to receive grants under subsection (a)(3), the Direc- tor shall— (1) consider the overall quality of an appli- cant’s shock incarceration program, including Page 58 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10172 the existence of substance abuse treatment, drug testing, counseling literacy education, vocational education, and job training pro- grams during incarceration or after release; and (2) give priority to public agencies that clearly demonstrate that the capacity of their correctional facilities is inadequate to accom- modate the number of individuals who are convicted of offenses punishable by a term of imprisonment exceeding 1 year. Priority shall be given to State court applicants under subsection (a)(4) that have the greatest demonstrated need to provide security in order to administer justice. (c) Consultations The Director shall consult with the Commis- sion on Alternative Utilization of Military Fa- cilities created by Public Law 100–456 in order to identify military facilities that may be used as sites for correctional programs receiving assist- ance under this subpart. (Pub. L. 90–351, title I, § 515, as added Pub. L. 101–647, title XVIII, § 1801(a)(7), Nov. 29, 1990, 104 Stat. 4847; amended Pub. L. 103–322, title XXXIII, § 330001(b)(1), Sept. 13, 1994, 108 Stat. 2138; Pub. L. 110–177, title III, § 302(a), Jan. 7, 2008, 121 Stat. 2539.) Editorial Notes REFERENCES IN TEXT The Commission on Alternative Utilization of Mili- tary Facilities, referred to in subsec. (c), was created by section 2819 of Pub. L. 100–456, which was set out as a note under section 2391 of Title 10, Armed Forces, prior to repeal by Pub. L. 105–261, div. A, title X, § 1031(b), Oct. 17, 1998, 112 Stat. 2123. CODIFICATION Section was formerly classified to section 3762a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 515 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 207; Pub. L. 91–644, title I, § 7(4), Jan. 2, 1971, 84 Stat. 1887; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 213; Pub. L. 94–503, title I, § 124, Oct. 15, 1976, 90 Stat. 2421, provided for functions, powers, and duties of Law Enforcement Assistance Administration, prior to the general amendment of title I of Pub. L. 90–351 by Pub. L. 96–157. AMENDMENTS 2008—Subsec. (a)(4). Pub. L. 110–177, § 302(a)(1), added par. (4). Subsec. (b). Pub. L. 110–177, § 302(a)(2), inserted con- cluding provisions. 1994—Subsec. (b). Pub. L. 103–322, in introductory pro- visions substituted ‘‘paragraphs (1) and (2) of sub- section (a)’’ for ‘‘subsection (a)(1) and (2)’’, and in par. (2) substituted ‘‘public agencies’’ for ‘‘States’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bu- reau of Justice Assistance, other than those enumer- ated in section 10142(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Pro- grams, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 10141 of this title. § 10172. Allocation of funds; administrative provi- sions (a) Allocation of funds Of the total amount appropriated for this sub- part in any fiscal year, 70 percent shall be used to make grants under section 10171(a)(1) of this title, 10 percent shall be used to make grants under section 10171(a)(2) of this title, 10 percent shall be used to make grants under section 10171(a)(3) of this title, and 10 percent for section 10171(a)(4) of this title. (b) Limit on grant share of cost A grant made under paragraph (1) or (3) of sec- tion 10171(a) of this title may be made for an amount up to 75 percent of the cost of the cor- rectional option contained in the approved ap- plication. (c) Rules; report; request for applications The Director shall— (1) not later than 90 days after funds are first appropriated to carry out this subpart, issue rules to carry out this subpart; and (2) not later than 180 days after funds are first appropriated to carry out this subpart— (A) submit to the Speaker of the House of Representatives and the President pro tem- pore of the Senate, a report describing such rules; and (B) request applications for grants under this subpart. (Pub. L. 90–351, title I, § 516, as added Pub. L. 101–647, title XVIII, § 1801(a)(7), Nov. 29, 1990, 104 Stat. 4848; amended Pub. L. 103–322, title XXXIII, § 330001(b)(2), Sept. 13, 1994, 108 Stat. 2138; Pub. L. 110–177, title III, § 302(b), Jan. 7, 2008, 121 Stat. 2539.) Editorial Notes CODIFICATION Section was formerly classified to section 3762b 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 516 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 207; Pub. L. 91–644, title I, § 7(5), Jan. 2, 1971, 84 Stat. 1887; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 213, provided for making of payments under title I of Pub. L. 90–351, prior to the general amendment of title I of Pub. L. 90–351 by Pub. L. 96–157. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–177 substituted ‘‘70’’ for ‘‘80’’ and ‘‘3762a(a)(2) of this title, 10’’ for ‘‘3762a(a)(2) of this title, and 10’’ and inserted ‘‘, and 10 percent for section 3762a(a)(4) of this title’’ before period at end. 1994—Subsec. (a). Pub. L. 103–322, § 330001(b)(2)(A), sub- stituted ‘‘10 percent shall be used to make grants under section’’ for ‘‘10 percent for section’’ in two places. Subsec. (b). Pub. L. 103–322, § 330001(b)(2)(B), sub- stituted ‘‘paragraph (1) or (3) of section 3762a(a)’’ for ‘‘section 3762a(a)(1) or (a)(3)’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bu- reau of Justice Assistance, other than those enumer-