34 U.S.C. § 12102 — Authorization of grants

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; 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-