Part A—Violent Offender Incarceration and Truth-in-Sentencing Incentive Grants
§13701. Definitions
Unless otherwise provided, for purposes of this part—
(1) the term "indeterminate sentencing" means a system by which—
(A) the court may impose a sentence of a range defined by statute; and
(B) an administrative agency, generally the parole board, or the court, controls release within the statutory range;
(2) the term "part 1 violent crime" means murder and nonnegligent manslaughter, forcible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investigation for purposes of the Uniform Crime Reports; and
(3) the term "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(
Prior Provisions
A prior section 13701,
Short Title of 2000 Amendments
Short Title of 1996 Amendments
Short Title
Section 1 of
Section 31101 of title III of
Section 31901 of title III of
Section 40001 of title IV of
Section 40101 of title IV of
Section 40201 of title IV of
Section 40301 of title IV of
Section 40401 of title IV of
Section 200101 of title XX of
Section 200201 of title XX of
Section 210301 of title XXI of
Section 220001 of title XXII of
Section Referred to in Other Sections
This section is referred to in
§13702. Authorization of grants
(a) In general
The Attorney General shall provide Violent Offender Incarceration grants under
(1) to build or expand correctional facilities to increase the bed capacity for the confinement of persons convicted of a part 1 violent crime or adjudicated delinquent for an act which if committed by an adult, would be a part 1 violent crime;
(2) to build or expand temporary or permanent correctional facilities, including facilities on military bases, prison barges, and boot camps, for the confinement of convicted nonviolent offenders and criminal aliens, for the purpose of freeing suitable existing prison space for the confinement of persons convicted of a part 1 violent crime; and
(3) to build or expand jails.
(b) Regional compacts
(1) In general
Subject to paragraph (2), States may enter into regional compacts to carry out this part. Such compacts shall be treated as States under this part.
(2) Requirement
To be recognized as a regional compact for eligibility for a grant under
(3) Limitation on receipt of funds
No State may receive a grant under this part both individually and as part of a compact.
(c) Applicability
Notwithstanding the eligibility requirements of
(
Prior Provisions
A prior section 13702,
Section Referred to in Other Sections
This section is referred to in
§13703. Violent offender incarceration grants
(a) Eligibility for minimum grant
To be eligible to receive a minimum grant under this section, a State shall submit an application to the Attorney General that provides assurances that the State has 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.
(b) Additional amount for increased percentage of persons sentenced and time served
A State that received a grant under subsection (a) of this section is eligible to receive additional grant amounts if such State demonstrates that the State has, since 1993—
(1) increased the percentage of persons arrested for a part 1 violent crime sentenced to prison; or
(2) increased the average prison time actually served or the average percent of sentence served by persons convicted of a part 1 violent crime.
Receipt of grant amounts under this subsection does not preclude eligibility for a grant under subsection (c) of this section.
(c) Additional amount for increased rate of incarceration and percentage of sentence served
A State that received a grant under subsection (a) of this section is eligible to receive additional grant amounts if such State demonstrates that the State has—
(1) since 1993, increased the percentage of persons arrested for a part 1 violent crime sentenced to prison, and has increased the average percent of sentence served by persons convicted of a part 1 violent crime; or
(2) has increased by 10 percent or more over the most recent 3-year period the number of new court commitments to prison of persons convicted of part 1 violent crimes.
Receipt of grant amounts under this subsection does not preclude eligibility for a grant under subsection (b) of this section.
(
Prior Provisions
A prior section 13703,
Controlled Substance Testing and Intervention; Availability of Funds
Section Referred to in Other Sections
This section is referred to in
§13704. Truth-in-sentencing incentive grants
(a) 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—
(1)(A) such State has implemented truth-in-sentencing laws that—
(i) 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
(ii) 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);
(B) 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
(C) in the case of a State that on April 26, 1996, practices indeterminate sentencing with regard to any part 1 violent crime—
(i) 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
(ii) 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
(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.
(b) Exception
Notwithstanding subsection (a) of this section, a State may provide that the Governor of the State may allow for the earlier release of—
(1) a geriatric prisoner; or
(2) 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.
(
Prior Provisions
A prior section 13704,
Amendments
2000—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§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
(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
(b) Additional requirements
(1) Eligibility for grant
To be eligible to receive a grant under
(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
(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
(d) Private facilities
A State may use funds received under this part for the privatization of facilities to carry out the purposes of
(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.
(
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
Prior Provisions
A prior section 13705,
Amendments
1998—Subsec. (b).
Section Referred to in Other Sections
This section is referred to in
1 See Codification note below.
2 So in original. Probably should be section "13701(2)".
§13706. Formula for grants
(a) Allocation of violent offender incarceration grants under section 13703
(1) Formula allocation
85 percent of the amount available for grants under
(A) 0.75 percent shall be allocated to each State that meets the requirements of
(B) The amount remaining after application of subparagraph (A) shall be allocated to each State that meets the requirements of
(2) Additional allocation
15 percent of the amount available for grants under
(A) 3.0 percent shall be allocated to each State that meets the requirements of
(B) The amount remaining after application of subparagraph (A) shall be allocated to each State that meets the requirements of
(b) Allocation of truth-in-sentencing grants under section 13704
The amounts available for grants for
(c) Unavailable data
If data regarding part 1 violent crimes in any State is substantially inaccurate or is unavailable for the 3 years preceding the year in which the determination is made, the Attorney General shall utilize the best available comparable data regarding the number of violent crimes for the previous year for the State for the purposes of allocation of funds under this part.
(d) Regional compacts
In determining the amount of funds that States organized as a regional compact may receive, the Attorney General shall first apply the formula in either subsection (a) or (b) and (c) of this section to each member State of the compact. The States organized as a regional compact may receive the sum of the amounts so determined.
(
Prior Provisions
A prior section 13706,
Section Referred to in Other Sections
This section is referred to in
§13707. Accountability
(a) Fiscal requirements
A State that receives funds under this part shall use accounting, audit, and fiscal procedures that conform to guidelines prescribed by the Attorney General, and shall ensure that any funds used to carry out the programs under
(b) Administrative provisions
The administrative provisions of
(
Prior Provisions
A prior section 13707,
Section Referred to in Other Sections
This section is referred to in
§13708. Authorization of appropriations
(a) In general
(1) Authorizations
There are authorized to be appropriated to carry out this part—
(A) $997,500,000 for fiscal year 1996;
(B) $1,330,000,000 for fiscal year 1997;
(C) $2,527,000,000 for fiscal year 1998;
(D) $2,660,000,000 for fiscal year 1999; and
(E) $2,753,100,000 for fiscal year 2000.
(2) Distribution
(A) In general
Of the amounts remaining after the allocation of funds for the purposes set forth under
(B) Distribution of minimum amounts
The Attorney General shall distribute minimum amounts allocated for
(b) Limitations on funds
(1) Uses of funds
Except as provided in section 1 13710 and 13711 of this title, funds made available pursuant to this section shall be used only to carry out the purposes described in
(2) Nonsupplanting requirement
Funds made available pursuant to this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources.
(3) Administrative costs
Not more than 3 percent of the funds that remain available after carrying out
(A) administration;
(B) research and evaluation, including assessment of the effect on public safety and other effects of the expansion of correctional capacity and sentencing reforms implemented pursuant to this part;
(C) technical assistance relating to the use of grant funds, and development and implementation of sentencing reforms implemented pursuant to this part; and
(D) data collection and improvement of information systems relating to the confinement of violent offenders and other sentencing and correctional matters.
(4) Carryover of appropriations
Funds appropriated pursuant to this section during any fiscal year shall remain available until expended.
(5) Matching funds
The Federal share of a grant received under this part may not exceed 90 percent of the costs of a proposal as described in an application approved under this part.
(
Prior Provisions
A prior section 13708,
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "sections".
§13709. Payments for incarceration on tribal lands
(a) Reservation of funds
Notwithstanding any other provision of this part other than
(1) 0.3 percent in each of fiscal years 1996 and 1997; and
(2) 0.2 percent in each of fiscal years 1998, 1999, and 2000.
(b) Grants to Indian tribes
From the amounts reserved under subsection (a) of this section, the Attorney General may make grants to Indian tribes for the purposes of constructing jails on tribal lands for the incarceration of offenders subject to tribal jurisdiction.
(c) Applications
To be eligible to receive a grant under this section, an Indian tribe shall submit to the Attorney General an application in such form and containing such information as the Attorney General may by regulation require.
(
Prior Provisions
A prior section 13709,
Section Referred to in Other Sections
This section is referred to in
§13710. Payments to eligible States for incarceration of criminal aliens
(a) In general
The Attorney General shall make a payment to each State which is eligible under section 1252(j) 1 of title 8 in such amount as is determined under section 1252(j) 1 of title 8, and for which payment is not made to such State for such fiscal year under such section.
(b) Authorization of appropriations
Notwithstanding any other provision of this part, there are authorized to be appropriated to carry out this section from amounts authorized under
(c) Administration
The amounts appropriated to carry out this section shall be reserved from the total amount appropriated for each fiscal year and shall be added to the other funds appropriated to carry out section 1252(j) 1 of title 8 and administered under such section.
(d) Report to Congress
Not later than May 15, 1999, the Attorney General shall submit a report to the Congress which contains the recommendation of the Attorney General concerning the extension of the program under this section.
(
References in Text
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§13711. Support of Federal prisoners in non-Federal institutions
(a) In general
The Attorney General may make payments to States and units of local government for the purposes authorized in
(b) Authorization of appropriations
Notwithstanding any other provision of this part other than
(
Section Referred to in Other Sections
This section is referred to in
§13712. Report by Attorney General
Beginning on October 1, 1996, and each subsequent July 1 thereafter, the Attorney General shall report to the Congress on the implementation of this part, including a report on the eligibility of the States under
(
§13713. Aimee's Law
(a) Short title
This section may be cited as "Aimee's Law".
(b) Definitions
In this section:
(1) Dangerous sexual offense
The term "dangerous sexual offense" means any offense under State law for conduct that would constitute an offense under
(2) Murder
The term "murder" has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation.
(3) Rape
The term "rape" has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation.
(c) Penalty
(1) Single State
In any case in which a State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one of those offenses in a State described in paragraph (3), the Attorney General shall transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law enforcement assistance funds that have been allocated to but not distributed to the State that convicted the individual of the prior offense, to the State account that collects Federal law enforcement assistance funds of the State that convicted that individual of the subsequent offense.
(2) Multiple States
In any case in which a State convicts an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for any one or more of those offenses in more than one other State described in paragraph (3), the Attorney General shall transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual, from Federal law enforcement assistance funds that have been allocated to but not distributed to each State that convicted such individual of the prior offense, to the State account that collects Federal law enforcement assistance funds of the State that convicted that individual of the subsequent offense.
(3) State described
A State is described in this paragraph if—
(A) the average term of imprisonment imposed by the State on individuals convicted of the offense for which the individual described in paragraph (1) or (2), as applicable, was convicted by the State is less than the average term of imprisonment imposed for that offense in all States; or
(B) with respect to the individual described in paragraph (1) or (2), as applicable, the individual had served less than 85 percent of the term of imprisonment to which that individual was sentenced for the prior offense.
For purposes of subparagraph (B), in a State that has indeterminate sentencing, the term of imprisonment to which that individual was sentenced for the prior offense shall be based on the lower of the range of sentences.
(d) State applications
In order to receive an amount transferred under subsection (c) of this section, the chief executive of a State shall submit to the Attorney General an application, in such form and containing such information as the Attorney General may reasonably require, which shall include a certification that the State has convicted an individual of murder, rape, or a dangerous sexual offense, who has a prior conviction for one of those offenses in another State.
(e) Source of funds
(1) In general
Any amount transferred under subsection (c) of this section shall be derived by reducing the amount of Federal law enforcement assistance funds received by the State that convicted such individual of the prior offense before the distribution of the funds to the State. The Attorney General shall provide the State with an opportunity to select the specific Federal law enforcement assistance funds to be so reduced (other than Federal crime victim assistance funds).
(2) Payment schedule
The Attorney General, in consultation with the chief executive of the State that convicted such individual of the prior offense, shall establish a payment schedule.
(f) Construction
Nothing in this section may be construed to diminish or otherwise affect any court ordered restitution.
(g) Exception
This section does not apply if the individual convicted of murder, rape, or a dangerous sexual offense has been released from prison upon the reversal of a conviction for an offense described in subsection (c) of this section and subsequently been convicted for an offense described in subsection (c) of this section.
(h) Report
The Attorney General shall—
(1) conduct a study evaluating the implementation of this section; and
(2) not later than October 1, 2006, submit to Congress a report on the results of that study.
(i) Collection of recidivism data
(1) In general
Beginning with calendar year 2002, and each calendar year thereafter, the Attorney General shall collect and maintain information relating to, with respect to each State—
(A) the number of convictions during that calendar year for—
(i) any dangerous sexual offense;
(ii) rape; and
(iii) murder; and
(B) the number of convictions described in subparagraph (A) that constitute second or subsequent convictions of the defendant of an offense described in that subparagraph.
(2) Report
Not later than March 1, 2003, and on March 1 of each year thereafter, the Attorney General shall submit to Congress a report, which shall include—
(A) the information collected under paragraph (1) with respect to each State during the preceding calendar year; and
(B) the percentage of cases in each State in which an individual convicted of an offense described in paragraph (1)(A) was previously convicted of another such offense in another State during the preceding calendar year.
(j) Effective date
This section shall take effect on January 1, 2002.
(
Codification
Section was enacted as Aimee's Law and also as part of the Victims of Trafficking and Violence Protection Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.