34 U.S.C. § 12104 — Truth-in-sentencing incentive grants

Page 310 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12103 amended Pub. L. 110–199, title I, § 104(a), Apr. 9, 2008, 122 Stat. 669.) Editorial Notes CODIFICATION Section was formerly classified to section 13702 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 20102 of Pub. L. 103–322, title II, Sept. 13, 1994, 108 Stat. 1816, related to Truth in Sentencing Incentive Grants prior to the general amendment of subtitle A of title II of Pub. L. 103–322 by Pub. L. 104–134. AMENDMENTS 2008—Subsec. (a)(4). Pub. L. 110–199 added par. (4). Statutory Notes and Related Subsidiaries CONSTRUCTION OF 2008 AMENDMENT For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amend- ments, see section 60504 of this title. § 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 ap- plication to the Attorney General that provides assurances that the State has implemented, or will implement, correctional policies and pro- grams, including truth-in-sentencing laws that ensure that violent offenders serve a substantial portion of the sentences imposed, that are de- signed to provide sufficiently severe punishment for violent offenders, including violent juvenile offenders, and that the prison time served is ap- propriately 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 ar- rested for a part 1 violent crime sentenced to prison; or (2) increased the average prison time actu- ally 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 in- carceration 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 sen- tenced to prison, and has increased the aver- age percent of sentence served by persons con- victed of a part 1 violent crime; or (2) has increased by 10 percent or more over the most recent 3-year period the number of new court commitments to prison of persons convicted of part 1 violent crimes. Receipt of grant amounts under this subsection does not preclude eligibility for a grant under subsection (b). (Pub. L. 103–322, title II, § 20103, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–16; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.) Editorial Notes CODIFICATION Section was formerly classified to section 13703 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 20103 of Pub. L. 103–322, title II, Sept. 13, 1994, 108 Stat. 1817, related to Violent Offender In- carceration Grants prior to the general amendment of subtitle A of title II of Pub. L. 103–322 by Pub. L. 104–134. Statutory Notes and Related Subsidiaries CONTROLLED SUBSTANCE TESTING AND INTERVENTION; AVAILABILITY OF FUNDS Pub. L. 104–208, div. A, title I, § 101(a) [title I], Sept. 30, 1996, 110 Stat. 3009, 3009–14, provided in part: ‘‘That beginning in fiscal year 1999, and thereafter, no funds shall be available to make grants to a State pursuant to section 20103 or section 20104 of the Violent Crime Control and Law Enforcement Act of 1994 [34 U.S.C. 12103, 12104] unless no later than September 1, 1998, such State has implemented a program of controlled sub- stance testing and intervention for appropriate cat- egories of convicted offenders during periods of incar- ceration and criminal justice supervision, with sanc- tions including denial or revocation of release for posi- tive controlled substance tests, consistent with guide- lines issued by the Attorney General’’. § 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 per- cent 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 incen- tives for good behavior); (B) such State has truth-in-sentencing laws that have been enacted, but not yet imple- mented, that require such State, not later than 3 years after such State submits an appli- cation to the Attorney General, to provide that persons convicted of a part 1 violent crime serve not less than 85 percent of the sen- Page 311 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12105 1 So in original. Probably should be section ‘‘12101(2)’’. tence imposed (without counting time not ac- tually served, such as administrative or statu- tory 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 per- cent of the prison term established under the State’s sentencing and release guide- lines; or (ii) persons convicted of a part 1 violent crime on average serve not less than 85 per- cent 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 guidelines established by the At- torney General in reporting, on a quarterly basis, information regarding the death of any person who is in the process of arrest, is en route to be incarcerated, or is incarcerated at a municipal or county jail, State prison, or other local or State correctional facility (in- cluding any juvenile facility) that, at a min- imum, includes— (A) the name, gender, race, ethnicity, and age of the deceased; (B) the date, time, and location of death; and (C) a brief description of the circumstances surrounding the death. (b) Exception Notwithstanding subsection (a), a State may provide that the Governor of the State may allow for the earlier release of— (1) a geriatric prisoner; or (2) a prisoner whose medical condition pre- cludes the prisoner from posing a threat to the public, but only after a public hearing in which representatives of the public and the prisoner’s victims have had an opportunity to be heard regarding a proposed release. (Pub. L. 103–322, title II, § 20104, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–16; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; amended Pub. L. 106–297, § 2, Oct. 13, 2000, 114 Stat. 1045.) Editorial Notes CODIFICATION Section was formerly classified to section 13704 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 20104 of Pub. L. 103–322, title II, Sept. 13, 1994, 108 Stat. 1818, related to Federal share match- ing requirement prior to the general amendment of subtitle A of title II of Pub. L. 103–322 by Pub. L. 104–134. AMENDMENTS 2000—Subsec. (a). Pub. L. 106–297 redesignated par. (1) as subpar. (A) and former subpars. (A) and (B) as cls. (i) and (ii), respectively, redesignated par. (2) as subpar. (B), redesignated par. (3) as subpar. (C) and former sub- pars. (A) and (B) as cls. (i) and (ii), respectively, and added par. (2). § 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 for counties and units of local govern- ment 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 re- served under this subsection, a State shall consider the burden placed on a county or unit of local government that results from the im- plementation of policies adopted by the State to carry out section 12103 or 12104 of this title. (b) Use of truth-in-sentencing and violent of- fender 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 re- sponsible for supervising juveniles who are de- tained or serving sentences under the jurisdic- tion of an adult criminal court with orienta- tion 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, con- sistent 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 lo- cated in a State that otherwise meets the re- quirements of section 12103 or 12104 of this title, certifies to the Attorney General that exigent circumstances exist that require the State to expend funds to build or expand facilities to con- fine juvenile offenders other than juvenile of- fenders adjudicated delinquent for an act which, if committed by an adult, would be a part 1 vio- lent crime, the State may use funds received under this part to build or expand juvenile cor- rectional facilities or pretrial detention facili- ties for juvenile offenders. (d) Private facilities A State may use funds received under this part for the privatization of facilities to carry out the purposes of section 12102 of this title. (e) ‘‘Part 1 violent crime’’ defined For purposes of this part, ‘‘part 1 violent crime’’ means a part 1 violent crime as defined in section 12101(3) 1 of this title, or a crime in a