Title 34 — Crime Control and Law Enforcement
Part A · Chapter 121 — Violent Crime Control and Law Enforcement
§ 12103. Violent offender incarceration grants
Statutory text
Eligibility for minimum grant
To be eligible to receive a minimum grant under this section, a State shall submit an application to the Attorney General that provides assurances that the State has implemented, or will implement, correctional policies and programs, including truth-in-sentencing laws that ensure that violent offenders serve a substantial portion of the sentences imposed, that are designed to provide sufficiently severe punishment for violent offenders, including violent juvenile offenders, and that the prison time served is appropriately related to the determination that the inmate is a violent offender and for a period of time deemed necessary to protect the public.
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—
increased the percentage of persons arrested for a part 1 violent crime sentenced to prison; or
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).
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—
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
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).
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.
Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322 title II § 20103 · 108 Stat. 1796
Enacted · 34 U.S.C. § 12103
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
Source evidence
Code source credit
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, 1321–16Enacted provision · exact public law section
SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS. (a) Violent Offender Incarceration 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 Violent Offender Incarceration Grants. To be eligible to receive such a grant, a State or States must meet the requirements of section 20101(b). (b) Allocation of Violent Offender Incarceration Funds.— (1) Formula allocation.— Eighty-five percent of the sum of the amount available for Violent Offender Incarceration Grants for any fiscal year under subsection (a) and any amount transferred under section 20102(b)(2) for that fiscal year shall be allocated as follows: (A) 0.25 percent shall be allocated to each eligible State except that the United States Virgin Islands, American Samoa, Guam and the Northern Mariana Islands each shall be allocated 0.05 percent. (B) The amount remaining after application of subparagraph (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) Discretionary allocation.— Fifteen percent of the sum of the amount available for Violent Offender Incarceration Grants for any fiscal year under subsection (a) and any amount transferred under section 20103(b)(3) for that fiscal year shall be allocated at the discretion of the Attorney General to States that have demonstrated the greatest need for such grants and the ability to best utilize the funds to meet the objectives of the grant program and ensure that prison cell space is available for the confinement of violent offenders. (3) Transfer of unused formula funds.— On September 30 of each of fiscal years 1996, 1997, 1998, 1999, and 2000, the Attorney General shall transfer to the discretionary program under paragraph (2) any funds made available for allocation under paragraph (1) that are not allocated to an eligible State under paragraph (1).
1 of 1 references resolved to an enrolled provision
Editorial Notes
Codification
Section was formerly classified to section 13703 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior Provisions
A prior section 20103 of Pub. L. 103–322, title II, , 108 Stat. 1817, related to Violent Offender Incarceration 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], , 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 , such State has implemented a program of controlled substance testing and intervention for appropriate categories of convicted offenders during periods of incarceration and criminal justice supervision, with sanctions including denial or revocation of release for positive controlled substance tests, consistent with guidelines issued by the Attorney General”.
Credits
1996 · 2 acts
- 1996Pub. L. 103–322, title II, § 20103, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], , 110 Stat. 1321, 1321–16
- 1996renumbered title I, Pub. L. 104–140, § 1(a), , 110 Stat. 1327.
Show as published
(Pub. L. 103–322, title II, § 20103, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], , 110 Stat. 1321, 1321–16; renumbered title I, Pub. L. 104–140, § 1(a), , 110 Stat. 1327.)