34 U.S.C. § 12113 — Aimee’s Law
submitted 26 years ago by Pub. L. 106-386 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 948 words · no verdicts yet
This section, called "Aimee's Law," pays states when they convict a repeat murder, rape, or dangerous sex offender. Payment requires the earlier conviction to have come from a state with lighter sentencing or less time served. The Attorney General funds these payments by cutting the earlier-convicting state's own grant money.
(a) Short title
This section may be cited as "Aimee's Law."
(b) Definitions
Under Attorney General regulations, in this section:
(1) Dangerous sexual offense. Any offense under state* law for conduct that would violate chapter 109A of title 18, had it occurred in the special maritime and territorial jurisdiction of the United States or in a federal prison.
(2) Murder. Has the meaning given in Part I of the FBI's Uniform Crime Reports.
(3) Rape. Has the meaning given in Part I of the FBI's Uniform Crime Reports.
(c) Penalty
(1) Single State. Under Attorney General regulations, if a criminal-records-reporting state convicts someone of murder, rape, or a dangerous sexual offense, and that person has one prior conviction for one of those offenses in a state described in paragraph (3), the convicting state may apply, under subsection (d), for $10,000 for related apprehension and prosecution costs, and $22,500 per year, up to 5 years, for related incarceration costs — both amounts adjusted annually for inflation.
(2) Multiple States. The same rule, and the same payment amounts, apply when the person's prior conviction or convictions came from more than one other state described in paragraph (3).
(3) State described. Under Attorney General regulations, a state counts under this paragraph unless:
(A) the prison term that state imposed for the prior offense was not less than the average term imposed for that offense across all states; or
(B) the individual had served not less than 85 percent of the sentence imposed for the prior offense.
For (B), in a state with indeterminate sentencing*, the sentence is based on the lower end of the range.
(d) State applications
To receive an amount under subsection (c), a state's chief executive must submit an application to the Attorney General, in the form and with the information the Attorney General requires, including certification that the state 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. Under Attorney General regulations, amounts under subsection (c) are derived by reducing the section 10156 law enforcement assistance funds of the state that convicted the individual of the prior offense, before that state's funds are distributed. Amounts under this section are not subject to section 3335(b) or 6503(d) of title 31.
(2) Payment schedule. The Attorney General, consulting the chief executive of the state that convicted the individual of the prior offense, must set a payment schedule.
(f) Construction
Nothing in this section may be read to diminish or otherwise affect any court-ordered restitution.
(g) Exception
Under Attorney General regulations, this section does not apply if the individual convicted of murder, rape, or a dangerous sexual offense was released from prison after a reversal of a conviction described in subsection (c), and was later convicted again of an offense described in subsection (c).
(h) Report
The Attorney General must (1) study how this section has been implemented, and (2) submit a report on the results to Congress no later than October 1, 2006.
(i) Collection of recidivism data
(1) In general. Beginning with calendar year 2002, and every calendar year after, the Attorney General must collect and maintain information, by state where practical, on (A) that year's number of convictions for (i) any dangerous sexual offense, (ii) rape, and (iii) murder; and (B) how many of those convictions were second or later convictions of the defendant for an offense described in (A).
(2) Report. The Attorney General must submit to Congress (A) a report, no later than 6 months after January 5, 2006, giving national estimates of the nature and extent of recidivism — especially across states — among state inmates convicted of murder, rape, and dangerous sexual offenses; (B) a report, no later than October 1, 2007, and every October 1 after that, giving statistical analysis and criminal-history profiles of interstate recidivists identified in state applications under this section; and (C) reports, at regular intervals no more than five years apart, containing the information described in paragraph (1).
(j) Effective date
This section takes effect on January 1, 2002.
This section may be cited as “Aimee’s Law”.
Pursuant to regulations promulgated by the Attorney General hereunder, in this section:
The term “dangerous sexual offense” means any offense under State* law for conduct that would constitute an offense under chapter 109A of title 18 had the conduct occurred in the special maritime and territorial jurisdiction of the United States or in a Federal prison.
The term “murder” has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation.
The term “rape” has the meaning given the term in part I of the Uniform Crime Reports of the Federal Bureau of Investigation.
Pursuant to regulations promulgated by the Attorney General hereunder, in any case in which a criminal-records-reporting 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), it may, under subsection (d), apply to the Attorney General for $10,000, for its related apprehension and prosecution costs, and $22,500 per year (up to a maximum of 5 years), for its related incarceration costs with both amounts for costs adjusted annually for the rate of inflation.
Pursuant to regulations promulgated by the Attorney General hereunder, in any case in which a criminal-records-reporting 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), it may, under subsection (d), apply to the Attorney General for $10,000, for its related apprehension and prosecution costs, and $22,500 per year (up to a maximum of 5 years), for its related incarceration costs with both amounts for costs adjusted annually for the rate of inflation.
Pursuant to regulations promulgated by the Attorney General hereunder, a State is described in this paragraph unless—
the term of imprisonment imposed by the State on the individual described in paragraph (1) or (2), as applicable, was not less than the average term of imprisonment imposed for that offense in all States; or
with respect to the individual described in paragraph (1) or (2), as applicable, the individual had served not 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.
In order to receive an amount under subsection (c), 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.
Pursuant to regulations promulgated by the Attorney General hereunder, any amount under subsection (c) shall be derived by reducing the amount of Federal law enforcement assistance funds received by the State pursuant to section 10156 of this title that convicted such individual of the prior offense before the distribution of the funds to the State. No amount described under this section shall be subject to section 3335(b) or 6503(d) of title 31 1
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.
Nothing in this section may be construed to diminish or otherwise affect any court ordered restitution.
Pursuant to regulations promulgated by the Attorney General hereunder, 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) and subsequently been convicted for an offense described in subsection (c).
The Attorney General shall—
conduct a study evaluating the implementation of this section; and
not later than October 1, 2006, submit to Congress a report on the results of that study.
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 (where practicable)—
the number of convictions during that calendar year for—
any dangerous sexual offense;
rape; and
murder; and
the number of convictions described in subparagraph (A) that constitute second or subsequent convictions of the defendant of an offense described in that subparagraph.
The Attorney General shall submit to Congress—
a report, by not later than 6 months after January 5, 2006, that provides national estimates of the nature and extent of recidivism (with an emphasis on interstate recidivism) by State inmates convicted of murder, rape, and dangerous sexual offenses;
a report, by not later than October 1, 2007, and October 1 of each year thereafter, that provides statistical analysis and criminal history profiles of interstate recidivists identified in any State applications under this section; and
reports, at regular intervals not to exceed every five years, that include the information described in paragraph (1).
This section shall take effect on January 1, 2002.
Source credit: (Pub. L. 106–386, div. C, § 2001, Oct. 28, 2000, 114 Stat. 1539; Pub. L. 109–162, title XI, § 1170, Jan. 5, 2006, 119 Stat. 3122; Pub. L. 109–271, § 8(m), Aug. 12, 2006, 120 Stat. 767.)
- 2000Enacted · Pub. L. 106-386 · 114 Stat. 1539
- 2006Amended · Pub. L. 109-162 · 119 Stat. 3122
- 2006Amended · Pub. L. 109-271 · 120 Stat. 767
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-386 on 2000-10-28.
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