§ 12102. Authorization of grants

Statutory text

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—

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;

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;

to build or expand jails; and

to carry out any activity referred to in section 10631(b) of this title.

Regional compacts

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.

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.

Limitation on receipt of funds

No State may receive a grant under this part both individually and as part of a compact.

Applicability

Notwithstanding the eligibility requirements of section 12104 of this title, a State that certifies to the Attorney General that, as of April 26, 1996, such State has enacted legislation in reliance on this part, as enacted on September 13, 1994, and would in fact qualify under those provisions, shall be eligible to receive a grant for fiscal year 1996 as though such State qualifies under section 12104 of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1996
Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title II § 20102 · 108 Stat. 1796
Enacted · 34 U.S.C. § 12102
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
Source evidence
Code source credit
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
Enacted provision · exact public law section
SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS. (a) Truth in Sentencing Grant Program—Fifty percent of the total amount of funds appropriated to carry out this subtitle for each of fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be made available for Truth in Sentencing Incentive Grants. To be eligible to receive such a grant, a State must meet the requirements of section 20101(b) and shall demonstrate that the State— (1) has in effect laws which require that persons convicted of violent crimes serve not less than 85 percent of the sentence imposed; or (2) since 1993— (A) has increased the percentage of convicted violent offenders sentenced to prison; (B) has increased the average prison time which will be served in prison by convicted violent offenders sentenced to prison; (C) has increased the percentage of sentence which will be served in prison by violent offenders sentenced to prison; and (D) has in effect at the time of application laws requiring that a person who is convicted of a violent crime shall serve not less than 85 percent of the sentence imposed if— (i) the person has been convicted on 1 or more prior occasions in a court of the United States or of a State of a violent crime or a serious drug offense; and (ii) each violent crime or serious drug offense was committed after the defendant’s conviction of the preceding violent crime or serious drug offense. (b) Allocation of Truth in Sentencing Incentive Funds.— (1) Formula allocation.— The amount available to carry out this section for any fiscal year under subsection (a) shall be allocated to each eligible State in the ratio that the number of part 1 violent crimes reported by such State to the Federal Bureau of Investigation for 1993 bears to the number of part 1 violent crimes reported by all States to the Federal Bureau of Investigation for 1993. (2) Transfer of unused funds.— On September 30 of each of fiscal years 1996, 1998, 1999, and 2000, the Attorney General shall transfer to the funds to be allocated under section 20103(b)(1) any funds made available to carry out this section that are not allocated to an eligible State under paragraph (1).
2008
Second Chance Act of 2007: Community Safety Through Recidivism Prevention
Pub. L. 110–199 title I § 104(a) · 122 Stat. 657
Added · 34 U.S.C. § 12102(a)(4)
Pub. L. 110–199 added par. (4)
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 110–199 added par. (4).
Enacted provision · exact public law section
(a) Permissible Uses.— Section 20102(a) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13702(a)) is amended— (1) in paragraph (2) by striking “and” at the end; (2) in paragraph (3) by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new paragraph: “(4) to carry out any activity referred to in section 2976(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(b)).” .

2 of 2 references resolved to an enrolled provision

Editorial Notes

Codification

Section was formerly classified to section 13702 of Title 42, The Public Health and Welfare, prior to editorial 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 amendments, see section 60504 of this title.

Credits

1996–2008 · 3 acts

1996Pub. 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
1996renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327
2008amended Pub. L. 110–199, title I, § 104(a), Apr. 9, 2008, 122 Stat. 669.

Show as published

(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.)