§13705. Special rules

(a) Sharing of funds with counties and other units of local government

(1) Reservation

Each State shall reserve not more than 15 percent of the amount of funds allocated in a fiscal year pursuant to section 13706 of this title for counties and units of local government to construct, develop, expand, modify, or improve jails and other correctional facilities.

(2) Factors for determination of amount

To determine the amount of funds to be reserved under this subsection, a State shall consider the burden placed on a county or unit of local government that results from the implementation of policies adopted by the State to carry out section 13703 or 13704 of this title.

(b) Additional requirements

(1) Eligibility for grant

To be eligible to receive a grant under section 13703 of this title or section 13704 of this title, a State shall-

(A) provide assurances to the Attorney General that the State has implemented or will implement not later than 18 months after April 26, 1996,¹ 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 13703 of this title or section 13704 of this title 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.

(c) Funds for juvenile offenders

Notwithstanding any other provision of this part, if a State, or unit of local government located in a State that otherwise meets the requirements of section 13703 or 13704 of this title, certifies to the Attorney General that exigent circumstances exist that require the State to expend funds to build or expand facilities to confine juvenile offenders other than juvenile offenders adjudicated delinquent for an act which, if committed by an adult, would be a part 1 violent crime, the State may use funds received under this part to build or expand juvenile correctional facilities or pretrial detention facilities for juvenile offenders.

(d) Private facilities

A State may use funds received under this part for the privatization of facilities to carry out the purposes of section 13702 of this title.

(e) "Part 1 violent crime" defined

For purposes of this part, "part 1 violent crime" means a part 1 violent crime as defined in section 13701(3) ² of this title, or a crime in a reasonably comparable class of serious violent crimes as approved by the Attorney General.

(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; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327 ; amended Pub. L. 105–277, div. E, §3, Oct. 21, 1998, 112 Stat. 2681–760 .)

Codification

April 26, 1996, referred to in subsec. (b)(1)(A), was in the original "the date of the enactment of this subtitle", which was translated as meaning the date of enactment of Pub. L. 104–134, which amended this part generally, to reflect the probable intent of Congress.

Prior Provisions

A prior section 13705, Pub. L. 103–322, title II, §20105, Sept. 13, 1994, 108 Stat. 1818 , related to rules and regulations prior to the general amendment of this part by Pub. L. 104–134.

Amendments

1998-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."

Section Referred to in Other Sections

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

¹ See Codification note below.

² So in original. Probably should be section "13701(2)".