34 U.S.C. § 12104 — Truth-in-sentencing incentive grants
submitted 30 years ago by Pub. L. 103-322 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 449 words · no verdicts yet
States qualify for this grant by proving that people convicted of part 1 violent crimes serve at least 85% of their sentence, either because the law requires it or because they serve that share on average. States must also report certain deaths every quarter, with basic details on each death. A governor may still allow early release of a geriatric prisoner or a prisoner whose medical condition prevents the prisoner from posing a threat to the public, after a public hearing.
(a) Eligibility
To get this grant, a state* must apply to the Attorney General showing:
(1)(A) the state's truth-in-sentencing laws already (i) require people convicted of a part 1 violent crime* to serve at least 85 percent of the imposed sentence, or (ii) result in such people serving at least 85 percent of the imposed sentence on average. In either case, do not count time not actually served, such as administrative or statutory incentives for good behavior; or
(B) the state has enacted such truth-in-sentencing laws but not yet implemented them, and will require, within 3 years of applying, that part 1 violent offenders serve at least 85 percent of the imposed sentence (not counting such credits); or
(C) for a state that, as of April 26, 1996, practices indeterminate sentencing* for any part 1 violent crime:
(i) part 1 violent offenders on average serve at least 85 percent of the prison term set under the state's sentencing and release guidelines; or
(ii) they on average serve at least 85 percent of the maximum prison term the court's sentence allowed (not counting such credits); and
(2) the state has provided assurances that it will follow Attorney General guidelines and report every quarter on the death of any person who is being arrested, is en route to incarceration, or is incarcerated at a municipal or county jail, state prison, or other local or state correctional facility (including juvenile facilities). At minimum, each report must include:
(A) the deceased person's name, gender, race, ethnicity, and age;
(B) the date, time, and location of death; and
(C) a brief description of the circumstances surrounding the death.
(b) Exception
Notwithstanding subsection (a), a state may provide that its Governor may allow earlier release of:
(1) a geriatric prisoner; or
(2) a prisoner whose medical condition means they no longer pose a threat to the public —
but only after a public hearing where the public and the prisoner's victims have a chance to be heard about the proposed release.
To be eligible to receive a grant award under this section, a State* shall submit an application to the Attorney General that demonstrates that—
such State has implemented truth-in-sentencing laws that—
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
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);
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
in the case of a State that on April 26, 1996, practices indeterminate sentencing* with regard to any part 1 violent crime—
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
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
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—
the name, gender, race, ethnicity, and age of the deceased;
the date, time, and location of death; and
a brief description of the circumstances surrounding the death.
Notwithstanding subsection (a), a State may provide that the Governor of the State may allow for the earlier release of—
a geriatric prisoner; or
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.
Source credit: (Pub. L. 103–322, title II, § 20104, 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; amended Pub. L. 106–297, § 2, Oct. 13, 2000, 114 Stat. 1045.)
- 1996Enacted · Pub. L. 103-322 · 110 Stat. 1321, 1321
- 1996Amended · Pub. L. 104-140 · 110 Stat. 1327
- 2000Amended · Pub. L. 106-297 · 114 Stat. 1045
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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