§13702. Truth in Sentencing Incentive Grants

(a) Truth in Sentencing Grant program

Fifty percent of the total amount of funds appropriated to carry out this part 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 13701(b) of this title 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) of this section 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 13703(b)(1) of this title any funds made available to carry out this section that are not allocated to an eligible State under paragraph (1).

( Pub. L. 103–322, title II, §20102, Sept. 13, 1994, 108 Stat. 1816 .)

Section Referred to in Other Sections

This section is referred to in sections 13703, 14214 of this title.