34 U.S.C. § 12102 — Authorization of grants
submitted 30 years ago by Pub. L. 103-322 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 306 words · no verdicts yet
The Attorney General must give grants to eligible states to build or expand prisons and jails. States may team up in regional compacts to apply. No state may get funding both alone and as part of a compact.
(a) In general
The Attorney General must give Violent Offender Incarceration grants (under section 12103) and Truth-in-Sentencing Incentive grants (under section 12104) to eligible states, so states can:
(1) Build or expand correctional facilities to hold more people convicted of a part 1 violent crime* (or found delinquent as a juvenile for an act that would be a part 1 violent crime if committed by an adult).
(2) Build or expand facilities — including on military bases, prison barges, and boot camps — for nonviolent offenders and criminal aliens, to free up existing prison space for part 1 violent offenders.
(3) Build or expand jails.
(4) Carry out any activity listed in section 10631(b) of this title.
(b) Regional compacts
(1) In general. Subject to paragraph (2), states may join together in regional compacts to carry out this part. A compact is treated as a state* under this part.
(2) Requirement. To count as a regional compact eligible for a grant under section 12103 or 12104, every member state must qualify individually.
(3) Limitation on receipt of funds. No state may get a grant both on its own and as part of a compact.
(c) Applicability
Despite section 12104's normal eligibility rules, a state that certifies to the Attorney General that, as of April 26, 1996, it enacted legislation relying on this part as it existed on September 13, 1994, and that it would actually qualify under those provisions, is eligible to receive a fiscal year 1996 grant as though it qualified under section 12104.
The Attorney General shall provide Violent Offender Incarceration grants under section 12103 of this title and Truth-in-Sentencing Incentive grants under section 12104 of this title to eligible States—
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;
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;
to build or expand jails; and
to carry out any activity referred to in section 10631(b) of this title.
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.
To be recognized as a regional compact for eligibility for a grant under section 12103 or 12104 of this title, each member State* must be eligible individually.
No State may receive a grant under this part both individually and as part of a compact.
Notwithstanding the eligibility requirements of section 12104 of this title, a State that certifies to the Attorney General that, as of April 26, 1996, such State has enacted legislation in reliance on this part, as enacted on September 13, 1994, and would in fact qualify under those provisions, shall be eligible to receive a grant for fiscal year 1996 as though such State qualifies under section 12104 of this title.
Source credit: (Pub. L. 103–322, title II, § 20102, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–15; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; amended Pub. L. 110–199, title I, § 104(a), Apr. 9, 2008, 122 Stat. 669.)
- 1996Enacted · Pub. L. 103-322 · 110 Stat. 1321, 1321
- 1996Amended · Pub. L. 104-140 · 110 Stat. 1327
- 2008Amended · Pub. L. 110-199 · 122 Stat. 669
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-322 on 1996-04-26.
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