Collapse to view only § 12105. Special rules
- § 12101. Definitions
- § 12102. Authorization of grants
- § 12103. Violent offender incarceration grants
- § 12104. Truth-in-sentencing incentive grants
- § 12105. Special rules
- § 12106. Formula for grants
- § 12107. Accountability
- § 12108. Authorization of appropriations
- § 12109. Payments for incarceration on tribal lands
- § 12110. Payments to eligible States for incarceration of criminal aliens
- § 12111. Support of Federal prisoners in non-Federal institutions
- § 12112. Report by Attorney General
- § 12113. Aimee’s Law
§ 12101. DefinitionsUnless 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 release within the statutory range;
(2) the term “part 1 violent crime” means murder and nonnegligent manslaughter, forcible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investigation for purposes of the Uniform Crime Reports; 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.)
§ 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 Incentive grants under section 12104 of this title to eligible States—
(1) to build or expand correctional facilities to increase the bed capacity for the confinement 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 permanent correctional facilities, including facilities on military bases, prison barges, and boot camps, for the confinement of convicted nonviolent 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
(2) Requirement
(3) Limitation on receipt of funds
(c) Applicability
(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; amended Pub. L. 110–199, title I, § 104(a), Apr. 9, 2008, 122 Stat. 669.)
§ 12103. Violent offender incarceration grants
(a) Eligibility for minimum grant
(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 arrested for a part 1 violent crime sentenced to prison; or
(2) increased the average prison time actually 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 incarceration 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 sentenced to prison, and has increased the average percent of sentence served by persons convicted 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.)
§ 12104. Truth-in-sentencing incentive grants
(a) EligibilityTo 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 percent 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 incentives for good behavior);
(B) such State has truth-in-sentencing laws that have been enacted, but not yet implemented, that require such State, not later than 3 years after such State submits an application to the Attorney General, to provide that persons convicted of a part 1 violent crime serve not less than 85 percent of the sentence imposed (without counting time not actually served, such as administrative or statutory 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 percent of the prison term established under the State’s sentencing and release guidelines; or
(ii) persons convicted of a part 1 violent crime on average serve not less than 85 percent 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 Attorney 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 (including any juvenile facility) that, at a minimum, 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) ExceptionNotwithstanding 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 precludes 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.)
§ 12105. Special rules
(a) Sharing of funds with counties and other units of local government
(1) Reservation
(2) Factors for determination of amount
(b) Use of truth-in-sentencing and violent offender 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 responsible for supervising juveniles who are detained or serving sentences under the jurisdiction of an adult criminal court with orientation 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, consistent with guidelines issued by the Assistant Attorney General.
(c) Funds for juvenile offenders
(d) Private facilities
(e) “Part 1 violent crime” defined
(Pub. L. 103–322, title II, § 20105, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–17; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; amended Pub. L. 105–277, div. E, § 3, Oct. 21, 1998, 112 Stat. 2681–760; Pub. L. 107–273, div. A, title III, § 307, Nov. 2, 2002, 116 Stat. 1783.)
§ 12106. Formula for grants
(a) Allocation of violent offender incarceration grants under section 12103
(1) Formula allocation
85 percent of the amount available for grants under section 12103 of this title for any fiscal year shall be allocated as follows (except that a State may not receive more than 9 percent of the total amount of funds made available under this paragraph):
(A) 0.75 percent shall be allocated to each State that meets the requirements of section 12103(a) of this title, except that the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, if eligible under section 12103(a) of this title, shall each be allocated 0.05 percent.
(B) The amount remaining after application of subparagraph (A) shall be allocated to each State that meets the requirements of section 12103(b) of this title, in the ratio that the number of part 1 violent crimes reported by such State to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made, bears to the average annual number of part 1 violent crimes reported by all States that meet the requirements of section 12103(b) of this title to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made.
(2) Additional allocation
15 percent of the amount available for grants under section 12103 of this title for any fiscal year shall be allocated to each State that meets the requirements of section 12103(c) of this title as follows:
(A) 3.0 percent shall be allocated to each State that meets the requirements of section 12103(c) of this title, except that the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, if eligible under such subsection, shall each be allocated 0.03 percent.
(B) The amount remaining after application of subparagraph (A) shall be allocated to each State that meets the requirements of section 12103(c) of this title, in the ratio that the number of part 1 violent crimes reported by such State to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made, bears to the average annual number of part 1 violent crimes reported by all States that meet the requirements of section 12102(c) of this title to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made.
(b) Allocation of truth-in-sentencing grants under section 12104
(c) Unavailable data
(d) Regional compacts
(Pub. L. 103–322, title II, § 20106, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–18; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.)
§ 12107. Accountability
(a) Fiscal requirements
(b) Administrative provisions
(Pub. L. 103–322, title II, § 20107, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–19; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.)
§ 12108. Authorization of appropriations
(a) In general
(1) Authorizations
There are authorized to be appropriated to carry out this part—
(A) $997,500,000 for fiscal year 1996;
(B) $1,330,000,000 for fiscal year 1997;
(C) $2,527,000,000 for fiscal year 1998;
(D) $2,660,000,000 for fiscal year 1999; and
(E) $2,753,100,000 for fiscal year 2000.
(2) Distribution
(A) In general
(B) Distribution of minimum amounts
(b) Limitations on funds
(1) Uses of funds
(2) Nonsupplanting requirement
(3) Administrative costs
Not more than 3 percent of the funds that remain available after carrying out sections 12109, 12110, and 12111 of this title shall be available to the Attorney General for purposes of—
(A) administration;
(B) research and evaluation, including assessment of the effect on public safety and other effects of the expansion of correctional capacity and sentencing reforms implemented pursuant to this part;
(C) technical assistance relating to the use of grant funds, and development and implementation of sentencing reforms implemented pursuant to this part; and
(D) data collection and improvement of information systems relating to the confinement of violent offenders and other sentencing and correctional matters.
(4) Carryover of appropriations
(5) Matching funds
(Pub. L. 103–322, title II, § 20108, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–19; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; amended Pub. L. 110–199, title I, § 104(b), Apr. 9, 2008, 122 Stat. 669.)
§ 12109. Payments for incarceration on tribal lands
(a) Reservation of funds
(b) Grants to Indian tribes
(1) In generalFrom the amounts reserved under subsection (a), the Attorney General shall provide grants—
(A) to Indian tribes for purposes of—
(i) construction and maintenance of jails on Indian land for the incarceration of offenders subject to tribal jurisdiction;
(ii) entering into contracts with private entities to increase the efficiency of the construction of tribal jails; and
(iii) developing and implementing alternatives to incarceration in tribal jails;
(B) to Indian tribes for the construction of tribal justice centers that combine tribal police, courts, and corrections services to address violations of tribal civil and criminal laws;
(C) to consortia of Indian tribes for purposes of constructing and operating regional detention centers on Indian land for long-term incarceration of offenders subject to tribal jurisdiction, as the applicable consortium determines to be appropriate.
(2) Priority of fundingin 1
1 So in original. Probably should be capitalized.
providing grants under this subsection, the Attorney General shall take into consideration applicable—(A) reservation crime rates;
(B) annual tribal court convictions; and
(C) bed space needs.
(3) Federal share
(c) Applications
(d) Long-term planNot later than 1 year after July 29, 2010, the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with tribal leaders, tribal law enforcement officers, and tribal corrections officials, shall submit to Congress a long-term plan to address incarceration in Indian country, including—
(1) a description of proposed activities for—
(A) construction, operation, and maintenance of juvenile (in accordance with section 2453(a)(3) of title 25) and adult detention facilities (including regional facilities) in Indian country;
(B) contracting with State and local detention centers, on approval of the affected tribal governments; and
(C) alternatives to incarceration, developed in cooperation with tribal court systems;
(2) an assessment and consideration of the construction of Federal detention facilities in Indian country; and
(3) any other alternatives as the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with Indian tribes, determines to be necessary.
(Pub. L. 103–322, title II, § 20109, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–20; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; amended Pub. L. 111–211, title II, § 244, July 29, 2010, 124 Stat. 2294.)
§ 12110. Payments to eligible States for incarceration of criminal aliens
(a) In general
(b) Authorization of appropriations
(c) Administration
(d) Report to Congress
(Pub. L. 103–322, title II, § 20110, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.)
§ 12111. Support of Federal prisoners in non-Federal institutions
(a) In general
(b) Authorization of appropriations
(Pub. L. 103–322, title II, § 20111, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.)
§ 12112. Report by Attorney General
Beginning on October 1, 1996, and each subsequent July 1 thereafter, the Attorney General shall report to the Congress on the implementation of this part, including a report on the eligibility of the States under sections 12103 and 12104 of this title, and the distribution and use of funds under this part.
(Pub. L. 103–322, title II, § 20112, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.)
§ 12113. Aimee’s Law
(a) Short title
(b) DefinitionsPursuant to regulations promulgated by the Attorney General hereunder, in this section:
(1) Dangerous sexual offense
(2) Murder
(3) Rape
(c) Penalty
(1) Single State
(2) Multiple States
(3) State describedPursuant to regulations promulgated by the Attorney General hereunder, a State is described in this paragraph unless—
(A) the term of imprisonment imposed by the State on the individual described in paragraph (1) or (2), as applicable, was not less than the average term of imprisonment imposed for that offense in all States; or
(B) with respect to the individual described in paragraph (1) or (2), as applicable, the individual had served not less than 85 percent of the term of imprisonment to which that individual was sentenced for the prior offense.
For purposes of subparagraph (B), in a State that has indeterminate sentencing, the term of imprisonment to which that individual was sentenced for the prior offense shall be based on the lower of the range of sentences.
(d) State applications
(e) Source of funds
(1) In general
(2) Payment schedule
(f) Construction
(g) Exception
(h) ReportThe Attorney General shall—
(1) conduct a study evaluating the implementation of this section; and
(2) not later than October 1, 2006, submit to Congress a report on the results of that study.
(i) Collection of recidivism data
(1) In generalBeginning with calendar year 2002, and each calendar year thereafter, the Attorney General shall collect and maintain information relating to, with respect to each State (where practicable)—
(A) the number of convictions during that calendar year for—
(i) any dangerous sexual offense;
(ii) rape; and
(iii) murder; and
(B) the number of convictions described in subparagraph (A) that constitute second or subsequent convictions of the defendant of an offense described in that subparagraph.
(2) ReportThe Attorney General shall submit to Congress—
(A) a report, by not later than 6 months after January 5, 2006, that provides national estimates of the nature and extent of recidivism (with an emphasis on interstate recidivism) by State inmates convicted of murder, rape, and dangerous sexual offenses;
(B) a report, by not later than October 1, 2007, and October 1 of each year thereafter, that provides statistical analysis and criminal history profiles of interstate recidivists identified in any State applications under this section; and
(C) reports, at regular intervals not to exceed every five years, that include the information described in paragraph (1).
(j) Effective date
(Pub. L. 106–386, div. C, § 2001, Oct. 28, 2000, 114 Stat. 1539; Pub. L. 109–162, title XI, § 1170, Jan. 5, 2006, 119 Stat. 3122; Pub. L. 109–271, § 8(m), Aug. 12, 2006, 120 Stat. 767.)