§ 12105. Special rules

Footnotes

1. 1 So in original. Probably should be section “12101(2)”.

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.

1. 1996

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 title II § 20105 · 108 Stat. 1796

   Enacted · 34 U.S.C. § 12105

   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

   Source evidence

   Code source credit
   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

   Enacted provision · exact public law section
   SEC. 20105. RULES AND REGULATIONS. (a) The Attorney General shall issue rules and regulations regarding the uses of grant funds received under this subtitle not later than 90 days after the date of enactment of this Act. (b) If data regarding part 1 violent crimes in any State for 1993 is unavailable or substantially inaccurate, the Attorney General shall utilize the best available comparable data regarding the number of violent crimes for 1993 for that State for the purposes of allocation of any funds under this subtitle.

2. 1998

   Pub. L. 105–277 div. E § 3 · 112 Stat. 2681

   Amended · 34 U.S.C. § 12105(b)

   Pub. L. 105–277 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “To be eligible to receive a grant under section 13703 or 13704 of this title, a State shall provide assurances to the Attorney General that the State has implemented or will implement not later than 18 months after April 26, 1996, policies that provide for the recognition of the rights and needs of crime victims.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–277 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “To be eligible to receive a grant under section 13703 or 13704 of this title, a State shall provide assurances to the Attorney General that the State has implemented or will implement not later than 18 months after April 26, 1996, policies that provide for the recognition of the rights and needs of crime victims.”

   Enacted provision · exact public law section
   SEC. 3. ADDITIONAL REQUIREMENTS FOR THE USE OF FUNDS UNDER THE VIOLENT OFFENDER INCARCERATION AND TRUTHIN-SENTENCING GRANTS PROGRAM. Section 20105(b) of the Violent Crime Control and Law Enforcement Act of 1994 is amended to read as follows: 42 USC 13705. “(b) Additional Requirements.— “(1) Eligibility for grant.— To be eligible to receive a grant under section 20103 or section 20104, a State shall— “(A) provide assurances to the Attorney General that the State has implemented or will implement not later than 18 months after the date of the enactment of this subtitle, policies that provide for the recognition of the rights of crime victims; and “(B) subject to the limitation of paragraph (2), no later than September 1, 2000, consider a program of drug testing and intervention for appropriate categories of convicted offenders during periods of incarceration and post-incarceration and criminal justice supervision, with sanctions including denial or revocation of release for positive drug tests, consistent with guidelines issued by the Attorney General. “(2) Use of funds.— Beginning in fiscal year 1999, not more than 10 percent of the funds provided under section 20103 or section 20104 of this subtitle may be applied to the cost of offender drug testing and intervention programs during periods of incarceration and post-incarceration criminal justice supervision, consistent with guidelines issued by the Attorney General. Further, such funds may be used by the States to pay the costs of providing to the Attorney General a baseline study on their prison drug abuse problem. Such studies shall be consistent with guidelines issued by the Attorney General.”.

3. 2002

   21st Century Department of Justice Appropriations Authorization Act

   Pub. L. 107–273 div. A title III § 307 · 116 Stat. 1758

   1. Substituted · 34 U.S.C. § 12105(b)

      Pub. L. 107–273 substituted “Use of truth-in-sentencing and violent offender incarceration grants” for “Additional requirements” in heading

   2. Amended · 34 U.S.C. § 12105(b)

      Pub. L. 107–273 amended text generally

   3. Substituted · 34 U.S.C. § 12105(b)

      Pub. L. 107–273 substituting provisions relating to use of funds for juveniles in adult prisons or under the jurisdiction of an adult criminal court for provisions relating to additional requirements for grant eligibility

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 107–273 substituted “Use of truth-in-sentencing and violent offender incarceration grants” for “Additional requirements” in heading and amended text generally, substituting provisions relating to use of funds for juveniles in adult prisons or under the jurisdiction of an adult criminal court for provisions relating to additional requirements for grant eligibility.

   Enacted provision · exact public law section
   SEC. 307. USE OF TRUTH-IN-SENTENCING AND VIOLENT OFFENDER INCARCERATION GRANTS. Section 20105(b) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13705(b)) is amended to read as follows: “(b) Use of Truth-in-Sentencing and Violent Offender Incarceration Grants.— Funds provided under section 20103 or 20104 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.”.

5 of 5 references resolved to an enrolled provision