- § 40301. State grant program for criminal justice identification, information, and communication
- § 40302. Funding for improvement of criminal records
§ 40301. State grant program for criminal justice identification, information, and communication
(a) In general
(1) upgrade criminal history and criminal justice record systems, including systems operated by law enforcement agencies and courts;
(2) improve criminal justice identification;
(3) promote compatibility and integration of national, State, and local systems for—
(A) criminal justice purposes;
(B) firearms eligibility determinations;
(C) identification of all individuals who have been convicted of a crime punishable by imprisonment for a term exceeding 1 year 1
1 So in original. Probably should be followed by a semicolon.
(D) identification of sexual offenders;
(E) identification of domestic violence offenders; and
(F) background checks for other authorized purposes unrelated to criminal justice; and
(4) capture information for statistical and research purposes to improve the administration of criminal justice.
(b) Use of grant amountsGrants under this section may be used for programs to establish, develop, update, or upgrade—
(1) State centralized, automated, adult and juvenile criminal history record information systems, including arrest and disposition reporting;
(2) automated fingerprint identification systems that are compatible with standards established by the National Institute of Standards and Technology and interoperable with the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation;
(3) finger imaging, live scan, and other automated systems to digitize fingerprints and to communicate prints in a manner that is compatible with standards established by the National Institute of Standards and Technology and interoperable with systems operated by States and by the Federal Bureau of Investigation;
(4) programs and systems to facilitate full participation in the Interstate Identification Index of the National Crime Information Center;
(5) systems to facilitate full participation in any compact relating to the Interstate Identification Index of the National Crime Information Center;
(6) systems to facilitate full participation in the national instant criminal background check system established under section 40901(b) of this title for firearms eligibility determinations, including through increased efforts to pre-validate the contents of felony conviction records and domestic violence records to expedite eligibility determinations, and measures and resources necessary to establish and achieve compliance with an implementation plan under section 40917 of this title;
(7) integrated criminal justice information systems to manage and communicate criminal justice information among law enforcement agencies, courts, prosecutors, and corrections agencies;
(8) noncriminal history record information systems relevant to firearms eligibility determinations for availability and accessibility to the national instant criminal background check system established under section 103(b) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note); 2
2 See References in Text note below.
(9) court-based criminal justice information systems that promote—
(A) reporting of dispositions to central State repositories and to the Federal Bureau of Investigation; and
(B) compatibility with, and integration of, court systems with other criminal justice information systems;
(10) ballistics identification and information programs that are compatible and integrated with the National Integrated Ballistics Network (NIBN);
(11) the capabilities of forensic science programs and medical examiner programs related to the administration of criminal justice, including programs leading to accreditation or certification of individuals or departments, agencies, or laboratories, and programs relating to the identification and analysis of deoxyribonucleic acid;
(12) sexual offender identification and registration systems;
(13) domestic violence offender identification and information systems;
(14) programs for fingerprint-supported background checks capability for noncriminal justice purposes, including youth service employees and volunteers and other individuals in positions of responsibility, if authorized by Federal or State law and administered by a government agency;
(15) criminal justice information systems with a capacity to provide statistical and research products including incident-based reporting systems that are compatible with the National Incident-Based Reporting System (NIBRS) and uniform crime reports;
(16) multiagency, multijurisdictional communications systems among the States to share routine and emergency information among Federal, State, and local law enforcement agencies;
(17) the capability of the criminal justice system to deliver timely, accurate, and complete criminal history record information to child welfare agencies, organizations, and programs that are engaged in the assessment of risk and other activities related to the protection of children, including protection against child sexual abuse, and placement of children in foster care; and
(18) notwithstanding subsection (c), antiterrorism purposes as they relate to any other uses under this section or for other antiterrorism programs.
(c) Assurances
(1) In general
(2) Information sharingSuch assurances shall include a provision that ensures that a statewide strategy for information sharing systems is underway, or will be initiated, to improve the functioning of the criminal justice system, with an emphasis on integration of all criminal justice components, law enforcement, courts, prosecution, corrections, and probation and parole. The strategy shall be prepared after consultation with State and local officials with emphasis on the recommendation of officials whose duty it is to oversee, plan, and implement integrated information technology systems, and shall contain—
(A) a definition and analysis of “integration” in the State and localities developing integrated information sharing systems;
(B) an assessment of the criminal justice resources being devoted to information technology;
(C) Federal, State, regional, and local information technology coordination requirements;
(D) an assurance that the individuals who developed the grant application took into consideration the needs of all branches of the State Government and specifically sought the advice of the chief of the highest court of the State with respect to the application;
(E) State and local resource needs;
(F) the establishment of statewide priorities for planning and implementation of information technology systems; and
(G) a plan for coordinating the programs funded under this subchapter with other federally funded information technology programs, including directly funded local programs such as the Edward Byrne Justice Assistance Grant Program and the M.O.R.E. program established pursuant to part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 [34 U.S.C. 10381 et seq.].
(d) Matching funds
(e) Authorization of appropriations
(1) In general
(2) LimitationsOf the amount made available to carry out this section in any fiscal year—
(A) not more than 3 percent may be used by the Attorney General for salaries and administrative expenses;
(B) not more than 5 percent may be used for technical assistance, training and evaluations, and studies commissioned by Bureau of Justice Statistics of the Department of Justice (through discretionary grants or otherwise) in furtherance of the purposes of this section; and
(C) the Attorney General shall ensure the amounts are distributed on an equitable geographic basis.
(f) Grants to Indian tribes
(Pub. L. 105–251, title I, § 102, Oct. 9, 1998, 112 Stat. 1871; Pub. L. 106–177, title I, § 102, Mar. 10, 2000, 114 Stat. 35; Pub. L. 106–561, § 2(c)(4), Dec. 21, 2000, 114 Stat. 2791; Pub. L. 107–56, title X, § 1015, Oct. 26, 2001, 115 Stat. 400; Pub. L. 109–162, title XI, § 1111(c)(1), Jan. 5, 2006, 119 Stat. 3101; Pub. L. 115–141, div. S, title VI, § 604(a), Mar. 23, 2018, 132 Stat. 1136.)
§ 40302. Funding for improvement of criminal records
(1) Grants for the improvement of criminal records
The Attorney General, through the Bureau of Justice Statistics, shall, subject to appropriations and with preference to States that, as of March 23, 2018, have the lowest percent currency of case dispositions in computerized criminal history files and that will utilize funding under this subsection to prioritize the identification and transmittal of felony conviction records and domestic violence records, make a grant to each State to be used—
(A) for the creation of a computerized criminal history record system or improvement of an existing system;
(B) to improve accessibility to the national instant criminal background system;
(C) to assist the State in the transmittal of criminal records to the national system; and
(D) to establish and achieve compliance with an implementation plan under section 40917 of this title.
(2) Authorization of appropriations
(Pub. L. 103–159, title I, § 106(b), Nov. 30, 1993, 107 Stat. 1544; Pub. L. 103–322, title XXI, § 210603(b), Sept. 13, 1994, 108 Stat. 2074; Pub. L. 104–294, title VI, § 603(i)(1), Oct. 11, 1996, 110 Stat. 3504; Pub. L. 115–141, div. S, title VI, § 604(b), Mar. 23, 2018, 132 Stat. 1136.)