Part A—Violent Offender Incarceration and Truth in Sentencing Incentive Grants

§13701. Grants for correctional facilities

(a) Grant authorization

The Attorney General may make grants to individual States and to States organized as multi-State compacts to construct, develop, expand, modify, operate, or improve correctional facilities, including boot camp facilities and other alternative correctional facilities that can free conventional prison space for the confinement of violent offenders, to ensure that prison cell space is available for the confinement of violent offenders and to implement truth in sentencing laws for sentencing violent offenders.

(b) Eligibility

To be eligible to receive a grant under this part, a State or States organized as multi-State compacts shall submit an application to the Attorney General which includes—

(1) assurances that the State or States have 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;

(2) assurances that the State or States have implemented policies that provide for the recognition of the rights and needs of crime victims;

(3) assurances that funds received under this section will be used to construct, develop, expand, modify, operate, or improve correctional facilities to ensure that prison cell space is available for the confinement of violent offenders;

(4) assurances that the State or States have a comprehensive correctional plan which represents an integrated approach to the management and operation of correctional facilities and programs and which includes diversion programs, particularly drug diversion programs, community corrections programs, a prisoner screening and security classification system, appropriate professional training for corrections officers in dealing with violent offenders, prisoner rehabilitation and treatment programs, prisoner work activities (including, to the extent practicable, activities relating to the development, expansion, modification, or improvement of correctional facilities) and job skills programs, educational programs, a pre-release prisoner assessment to provide risk reduction management, post-release assistance, and an assessment of recidivism rates;

(5) assurances that the State or States have involved counties and other units of local government, when appropriate, in the construction, development, expansion, modification, operation or improvement of correctional facilities designed to ensure the incarceration of violent offenders, and that the State or States will share funds received under this section with counties and other units of local government, taking into account the burden placed on these units of government when they are required to confine sentenced prisoners because of overcrowding in State prison facilities;

(6) assurances that funds received under this section will be used to supplement, not supplant, other Federal, State, and local funds;

(7) assurances that the State or States have implemented, or will implement within 18 months after September 13, 1994, policies to determine the veteran status of inmates and to ensure that incarcerated veterans receive the veterans benefits to which they are entitled;

(8) if applicable, documentation of the multi-State compact agreement that specifies the construction, development, expansion, modification, operation, or improvement of correctional facilities; and

(9) if applicable, a description of the eligibility criteria for prisoner participation in any boot camp that is to be funded.

(c) Consideration

The Attorney General, in making such grants, shall give consideration to the special burden placed on States which incarcerate a substantial number of inmates who are in the United States illegally.

(Pub. L. 103–322, title II, §20101, Sept. 13, 1994, 108 Stat. 1815.)

Short Title

Section 1 of Pub. L. 103–322 provided that: "This Act [see Tables for classification] may be cited as the 'Violent Crime Control and Law Enforcement Act of 1994'."

Section 31101 of title III of Pub. L. 103–322 provided that: "This subtitle [subtitle K (§§31101–31133) of title III of Pub. L. 103–322, enacting part G (§13821 et seq.) of subchapter II of this chapter] may be cited as the 'National Community Economic Partnership Act of 1994'."

Section 31901 of title III of Pub. L. 103–322 provided that: "This subtitle [subtitle S (§§31901–31922) of title III of Pub. L. 103–322, enacting part I (§13881 et seq.) of subchapter II of this chapter] may be cited as the 'Family Unity Demonstration Project Act'."

Section 40001 of title IV of Pub. L. 103–322 provided that: "This title [see Tables for classification] may be cited as the 'Violence Against Women Act of 1994'."

Section 40101 of title IV of Pub. L. 103–322 provided that: "This subtitle [subtitle A (§§40101–40156) of title IV of Pub. L. 103–322, enacting part A (§13931 et seq.) of subchapter III of this chapter, sections 300w–10, 3796gg to 3796gg–5, and 5712d of this title, section 1a–7a of Title 16, Conservation, and sections 2247, 2248, and 2259 of Title 18, Crimes and Criminal Procedure, amending sections 3793, 3796aa–1 to 3796aa–3, 3796aa–5, 3796aa–6, 3797, 13012, 13014, 13021, and 13024 of this title, section 460l–8 of Title 16, and Rule 412 of the Federal Rules of Evidence, repealing sections 3796aa–4 and 3796aa–7 of this title, and enacting provisions set out as notes under sections 994 and 2074 of Title 28, Judiciary and Judicial Procedure] may be cited as the 'Safe Streets for Women Act of 1994'."

Section 40201 of title IV of Pub. L. 103–322 provided that: "This title [probably should be "subtitle", meaning subtitle B (§§40201–40295) of title IV of Pub. L. 103–322, enacting part B (§13951 et seq.) of subchapter III of this chapter, sections 3796hh to 3796hh–4 and 10416 to 10418 of this title, and sections 2261 to 2266 of Title 18, Crimes and Criminal Procedure, and amending sections 3782, 3783, 3793, 3797, 10402, and 10407 to 10410 of this title] may be cited as the 'Safe Homes for Women Act of 1994'."

Section 40301 of title IV of Pub. L. 103–322 provided that: "This subtitle [subtitle C (§§40301–40304) of title IV of Pub. L. 103–322, enacting part C (§13981) of subchapter III of this chapter and amending section 1988 of this title and section 1445 of Title 28, Judiciary and Judicial Procedure] may be cited as the 'Civil Rights Remedies for Gender-Motivated Violence Act'."

Section 40401 of title IV of Pub. L. 103–322 provided that: "This subtitle [subtitle D (§§40401–40422) of title IV of Pub. L. 103–322, enacting part D (§13991 et seq.) of subchapter III of this chapter] may be cited as the 'Equal Justice for Women in the Courts Act of 1994'."

Section 200101 of title XX of Pub. L. 103–322 provided that: "This subtitle [subtitle A (§§200101–200113) of title XX of Pub. L. 103–322, enacting part A (§14091 et seq.) of subchapter VIII of this chapter] may be cited as the 'Police Corps Act'."

Section 200201 of title XX of Pub. L. 103–322 provided that: "This subtitle [subtitle B (§§200201–200210) of title XX of Pub. L. 103–322, enacting part B (§14111 et seq.) of subchapter VIII of this chapter] may be cited as the 'Law Enforcement Scholarships and Recruitment Act'."

Section 210301 of title XXI of Pub. L. 103–322 provided that: "This subtitle [subtitle C (§§210301–210306) of title XXI of Pub. L. 103–322, enacting part A (§14131 et seq.) of subchapter IX of this chapter and sections 3796kk to 3796kk–6 of this title, amending sections 3751, 3753, 3793, and 3797 of this title, and enacting provisions set out as a note under section 3751 of this title] may be cited as the 'DNA Identification Act of 1994'."

Section 220001 of title XXII of Pub. L. 103–322 provided that: "This title [enacting subchapter X (§14171) of this chapter and section 511A of Title 18, Crimes and Criminal Procedure, and amending section 511 of Title 18] may be cited as the 'Motor Vehicle Theft Prevention Act'."

Section Referred to in Other Sections

This section is referred to in sections 13702, 13703, 14214 of this title.

§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.

§13703. Violent Offender Incarceration Grants

(a) Violent Offender Incarceration 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 Violent Offender Incarceration Grants. To be eligible to receive such a grant, a State or States must meet the requirements of section 13701(b) of this title.

(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) of this section and any amount transferred under section 13702(b)(2) of this title 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) of this section and any amount transferred under paragraph (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).

(Pub. L. 103–322, title II, §20103, Sept. 13, 1994, 108 Stat. 1817.)

Section Referred to in Other Sections

This section is referred to in sections 13702, 14214 of this title.

§13704. Matching requirement

The Federal share of a grant received under this part may not exceed 75 percent of the costs of a proposal described in an application approved under this part.

(Pub. L. 103–322, title II, §20104, Sept. 13, 1994, 108 Stat. 1818.)

Section Referred to in Other Sections

This section is referred to in section 14214 of this title.

§13705. Rules and regulations

(a) The Attorney General shall issue rules and regulations regarding the uses of grant funds received under this part not later than 90 days after September 13, 1994.

(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 part.

(Pub. L. 103–322, title II, §20105, Sept. 13, 1994, 108 Stat. 1818.)

Section Referred to in Other Sections

This section is referred to in section 14214 of this title.

§13706. Technical assistance and training

The Attorney General may request that the Director of the National Institute of Corrections and the Director of the Federal Bureau of Prisons provide technical assistance and training to a State or States that receive a grant under this part to achieve the purposes of this part.

(Pub. L. 103–322, title II, §20106, Sept. 13, 1994, 108 Stat. 1818.)

Section Referred to in Other Sections

This section is referred to in section 14214 of this title.

§13707. Evaluation

The Attorney General may request the Director of the National Institute of Corrections to assist with an evaluation of programs established with funds under this part.

(Pub. L. 103–322, title II, §20107, Sept. 13, 1994, 108 Stat. 1818.)

Section Referred to in Other Sections

This section is referred to in section 14214 of this title.

§13708. Definitions

In this part—

"boot camp" means a correctional program of not more than 6 months' incarceration involving—

(A) assignment for participation in the program, in conformity with State law, by prisoners other than prisoners who have been convicted at any time of a violent felony;

(B) adherence by inmates to a highly regimented schedule that involves strict discipline, physical training, and work;

(C) participation by inmates in appropriate education, job training, and substance abuse counseling or treatment; and

(D) post-incarceration aftercare services for participants that are coordinated with the program carried out during the period of imprisonment.

"part 1 violent crimes" means murder and non-negligent manslaughter, forcible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investigation for purposes of the Uniform Crime Reports.

"State" or "States" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

(Pub. L. 103–322, title II, §20108, Sept. 13, 1994, 108 Stat. 1818.)

Section Referred to in Other Sections

This section is referred to in section 14214 of this title.

§13709. Authorization of appropriations

There are authorized to be appropriated to carry out this part—

(1) $175,000,000 for fiscal year 1995;

(2) $750,000,000 for fiscal year 1996;

(3) $1,000,000,000 for fiscal year 1997;

(4) $1,900,000,000 for fiscal year 1998;

(5) $2,000,000,000 for fiscal year 1999; and

(6) $2,070,000,000 for fiscal year 2000.

(Pub. L. 103–322, title II, §20109, Sept. 13, 1994, 108 Stat. 1818.)

Section Referred to in Other Sections

This section is referred to in section 14214 of this title.