Title 34 — Crime Control and Law Enforcement
Part A · Chapter 121 — Violent Crime Control and Law Enforcement
§ 12104. Truth-in-sentencing incentive grants
Statutory text
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—
such State has implemented truth-in-sentencing laws that—
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
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);
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
in the case of a State that on , practices indeterminate sentencing with regard to any part 1 violent crime—
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
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
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—
the name, gender, race, ethnicity, and age of the deceased;
the date, time, and location of death; and
a brief description of the circumstances surrounding the death.
Exception
Notwithstanding subsection (a), a State may provide that the Governor of the State may allow for the earlier release of—
a geriatric prisoner; or
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.
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 § 20104 · 108 Stat. 1796
Enacted · 34 U.S.C. § 12104
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
Source evidence
Code source credit
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, 1321–16Enacted provision · exact public law section
SEC. 20104. MATCHING REQUIREMENT. The Federal share of a grant received under this subtitle may not exceed 75 percent of the costs of a proposal described in an application approved under this subtitle.Pub. L. 106–297 § 2 · 114 Stat. 1045
Redesignated · 34 U.S.C. § 12104(a)
Pub. L. 106–297 redesignated par. (1) as subpar. (A) and former subpars. (A) and (B) as cls. (i) and (ii), respectively
Redesignated · 34 U.S.C. § 12104(a)
Pub. L. 106–297 redesignated par. (2) as subpar. (B)
Redesignated · 34 U.S.C. § 12104(a)
Pub. L. 106–297 redesignated par. (3) as subpar. (C) and former subpars. (A) and (B) as cls. (i) and (ii), respectively
Added · 34 U.S.C. § 12104(a)
Pub. L. 106–297 added par. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 106–297 redesignated par. (1) as subpar. (A) and former subpars. (A) and (B) as cls. (i) and (ii), respectively, redesignated par. (2) as subpar. (B), redesignated par. (3) as subpar. (C) and former subpars. (A) and (B) as cls. (i) and (ii), respectively, and added par. (2).Enacted provision · exact public law section
SEC. 2. REPORTING OF INFORMATION. Section 20104(a) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13704(a)) is amended— (1) in paragraph (1)— (A) by inserting “(A)” after “(1)”; and (B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) in paragraph (2), by striking “(2)” and inserting “(B)”; (3) in paragraph (3)— (A) by striking “(3)” and inserting “(C)”; (B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (C) by striking the period and inserting “; and”; and (4) by adding at the end the following new paragraph: “(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.”.
5 of 5 references resolved to an enrolled provision
Editorial Notes
Codification
Section was formerly classified to section 13704 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Prior Provisions
A prior section 20104 of Pub. L. 103–322, title II, , 108 Stat. 1818, related to Federal share matching requirement prior to the general amendment of subtitle A of title II of Pub. L. 103–322 by Pub. L. 104–134.
Amendments
2000—Subsec. (a). Pub. L. 106–297 redesignated par. (1) as subpar. (A) and former subpars. (A) and (B) as cls. (i) and (ii), respectively, redesignated par. (2) as subpar. (B), redesignated par. (3) as subpar. (C) and former subpars. (A) and (B) as cls. (i) and (ii), respectively, and added par. (2).
Credits
1996–2000 · 3 acts
- 1996Pub. L. 103–322, title II, § 20104, 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
- 2000amended Pub. L. 106–297, § 2, , 114 Stat. 1045.
Show as published
(Pub. L. 103–322, title II, § 20104, 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; amended Pub. L. 106–297, § 2, , 114 Stat. 1045.)