34 U.S.C. § 20981 — Pilot program for monitoring sexual of-

Page 523 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20981 AMENDMENTS 2015—Subsec. (h). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. SUBCHAPTER II—CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS § 20971. Jimmy Ryce State civil commitment pro- grams for sexually dangerous persons (a) Grants authorized Except as provided in subsection (b), the At- torney General shall make grants to jurisdic- tions for the purpose of establishing, enhancing, or operating effective civil commitment pro- grams for sexually dangerous persons. (b) Limitation The Attorney General shall not make any grant under this section for the purpose of es- tablishing, enhancing, or operating any transi- tional housing for a sexually dangerous person in or near a location where minors or other vul- nerable persons are likely to come into contact with that person. (c) Eligibility (1) In general To be eligible to receive a grant under this section, a jurisdiction shall, before the expira- tion of the compliance period— (A) have established a civil commitment program for sexually dangerous persons that is consistent with guidelines issued by the Attorney General; or (B) submit a plan for the establishment of such a program. (2) Compliance period The compliance period referred to in para- graph (1) expires on the date that is 2 years after July 27, 2006. However, the Attorney Gen- eral may, on a case-by-case basis, extend the compliance period that applies to a jurisdic- tion if the Attorney General considers such an extension to be appropriate. (3) Release notice (A) Each civil commitment program for which funding is required under this section shall require the issuance of timely notice to a State official responsible for considering whether to pursue civil commitment pro- ceedings upon the impending release of any person incarcerated by the State who— (i) has been convicted of a sexually violent offense; or (ii) has been deemed by the State to be at high risk for recommitting any sexual of- fense against a minor. (B) The program shall further require that upon receiving notice under subparagraph (A), the State official shall consider whether or not to pursue a civil commitment proceeding, or any equivalent proceeding required under State law. (d) Attorney General reports Not later than January 31 of each year, begin- ning with 2008, the Attorney General shall sub- mit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of jurisdictions in implementing this section and the rate of sexually violent offenses for each jurisdiction. (e) Definitions As used in this section: (1) The term ‘‘civil commitment program’’ means a program that involves— (A) secure civil confinement, including ap- propriate control, care, and treatment dur- ing such confinement; and (B) appropriate supervision, care, and treatment for individuals released following such confinement. (2) The term ‘‘sexually dangerous person’’ means a person suffering from a serious men- tal illness, abnormality, or disorder, as a re- sult of which the individual would have seri- ous difficulty in refraining from sexually vio- lent conduct or child molestation. (3) The term ‘‘jurisdiction’’ has the meaning given such term in section 20911 of this title. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fis- cal years 2007 through 2010. (Pub. L. 109–248, title III, § 301, July 27, 2006, 120 Stat. 617.) Editorial Notes CODIFICATION Section was formerly classified to section 16971 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER III—GRANTS AND OTHER PROVISIONS § 20981. Pilot program for monitoring sexual of- fenders (a) Sex offender monitoring program (1) Grants authorized (A) In general The Attorney General is authorized to award grants (referred to as ‘‘Jessica Lunsford and Sarah Lunde Grants’’) to States, local governments, and Indian tribal governments to assist in— (i) carrying out programs to outfit sex offenders with electronic monitoring units; and (ii) the employment of law enforcement officials necessary to carry out such pro- grams. (B) Duration The Attorney General shall award grants under this section for a period not to exceed 3 years. Page 524 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20982 (C) Minimum standards The electronic monitoring units used in the pilot program shall at a minimum— (i) provide a tracking device for each of- fender that contains a central processing unit with global positioning system; and (ii) permit continuous monitoring of of- fenders 24 hours a day. (2) Application (A) In general Each State, local government, or Indian tribal government desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such informa- tion as the Attorney General may reason- ably require. (B) Contents Each application submitted pursuant to subparagraph (A) shall— (i) describe the activities for which as- sistance under this section is sought; and (ii) provide such additional assurances as the Attorney General determines to be es- sential to ensure compliance with the re- quirements of this section. (b) Innovation In making grants under this section, the At- torney General shall ensure that different ap- proaches to monitoring are funded to allow an assessment of effectiveness. (c) Authorization of appropriations (1) In general There are authorized to be appropriated $5,000,000 for each of the fiscal years 2007 through 2009 to carry out this section. (2) Report Not later than September 1, 2010, the Attor- ney General shall report to Congress— (A) assessing the effectiveness and value of this section; (B) comparing the cost effectiveness of the electronic monitoring to reduce sex offenses compared to other alternatives; and (C) making recommendations for con- tinuing funding and the appropriate levels for such funding. (Pub. L. 109–248, title VI, § 621, July 27, 2006, 120 Stat. 633; Pub. L. 110–400, § 4(a), Oct. 13, 2008, 122 Stat. 4227.) Editorial Notes CODIFICATION Section was formerly classified to section 16981 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2008—Subsec. (a)(1)(C). Pub. L. 110–400, § 4(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) set minimum standards for electronic monitoring units used in the pilot program. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–400, § 4(b), Oct. 13, 2008, 122 Stat. 4228, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to grants provided on or after the date of the enactment of this Act [Oct. 13, 2008].’’ § 20982. Assistance for prosecution of cases cleared through use of DNA backlog clear- ance funds (a) In general The Attorney General may make grants to train and employ personnel to help prosecute cases cleared through use of funds provided for DNA backlog elimination. (b) Authorization There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2007 through 2011 to carry out this section. (Pub. L. 109–248, title VI, § 624, July 27, 2006, 120 Stat. 636.) Editorial Notes CODIFICATION Section was formerly classified to section 16982 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20983. Grants to combat sexual abuse of chil- dren (a) In general The Bureau of Justice Assistance is authorized to make grants under this section— (1) to any law enforcement agency that serves a jurisdiction with 50,000 or more resi- dents; and (2) to any law enforcement agency that serves a jurisdiction with fewer than 50,000 residents, upon a showing of need. (b) Use of grant amounts Grants under this section may be used by the law enforcement agency to— (1) hire additional law enforcement per- sonnel or train existing staff to combat the sexual abuse of children through community education and outreach, investigation of com- plaints, enforcement of laws relating to sex of- fender registries, and management of released sex offenders; (2) investigate the use of the Internet to fa- cilitate the sexual abuse of children; and (3) purchase computer hardware and soft- ware necessary to investigate sexual abuse of children over the Internet, access local, State, and Federal databases needed to apprehend sex offenders, and facilitate the creation and en- forcement of sex offender registries. (c) Criteria The Attorney General shall give priority to law enforcement agencies making a showing of need. (d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for fiscal years 2007 through 2009 to carry out this section. (Pub. L. 109–248, title VI, § 625, July 27, 2006, 120 Stat. 636.)