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34 U.S.C. § 12103Violent offender incarceration grants

submitted 30 years ago by Pub. L. 103-322 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 320 words · no verdicts yet

in plain englishAI-generated · not legal advice

States can get a minimum grant by proving they punish violent offenders severely. Time served must match how dangerous the offender is. States that also raise imprisonment rates or time actually served can qualify for extra grant money. Two separate bonus tracks exist for this extra money.

(a) Eligibility for minimum grant To get a minimum grant, a state must apply to the Attorney General and show it has, or will, put in place correctional policies — including truth-in-sentencing laws — that make sure violent offenders (including violent juvenile offenders) serve a substantial part of their sentence. Those policies must give sufficiently severe punishment, and the time actually served must be appropriately related to how dangerous the offender is judged to be, and to protecting the public. (b) Additional amount for increased percentage of persons sentenced and time served A state that already got a grant under subsection (a) may get more money if, since 1993, it has: (1) increased the share of people arrested for a part 1 violent crime who get sent to prison; or (2) increased the average prison time actually served, or the average percent of the sentence served, by people convicted of a part 1 violent crime. Getting money under this subsection does not stop a state from also getting money under subsection (c). (c) Additional amount for increased rate of incarceration and percentage of sentence served A state that got a grant under subsection (a) may also get more money if it has: (1) since 1993, both increased the share of arrested part 1 violent offenders sent to prison, and increased the average percent of sentence served by people convicted of a part 1 violent crime; or (2) increased, by 10 percent or more over the most recent 3-year period, the number of new court commitments to prison for people convicted of part 1 violent crimes. Getting money under this subsection does not stop a state from also getting money under subsection (b).
the actual law source: uscode.house.gov ↗public domain
(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) 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).

(c) Additional amount for increased rate of incarceration and percentage of sentence served

A State that received a grant under subsection (a) 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).

Source credit: (Pub. L. 103–322, title II, § 20103, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–16; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 103-322 · 110 Stat. 1321, 1321
  • 1996Amended · Pub. L. 104-140 · 110 Stat. 1327

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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