Part A - Violent Offender Incarceration and Truth-in-Sentencing Incentive Grants

42 USC 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.

42 USC 13702 - Authorization of grants

(a) In general 
The Attorney General shall provide Violent Offender Incarceration grants under section 13703 of this title and Truth-in-Sentencing Incentive grants under section 13704 of this title to eligible States
(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 section 13703 or 13704 of this title, each member State must be eligible individually.
(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 section 13704 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 13704 of this title.

42 USC 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.

42 USC 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 States 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 prisoners victims have had an opportunity to be heard regarding a proposed release.

42 USC 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 section 13706 of this title for counties and units of local government to construct, develop, expand, modify, or improve jails and other correctional facilities.
(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 section 13703 or 13704 of this title.
(b) Use of truth-in-sentencing and violent offender incarceration grants 
Funds provided under section 13703 or 13704 of this title may be applied to the cost of
(1) altering existing correctional facilities to provide separate facilities for juveniles under the jurisdiction of an adult criminal court who are detained or are serving sentences in adult prisons or jails;
(2) providing correctional staff who are responsible for supervising juveniles who are detained or serving sentences under the jurisdiction of an adult criminal court with orientation and ongoing training regarding the unique needs of such offenders; and
(3) providing ombudsmen to monitor the treatment of juveniles who are detained or serving sentences under the jurisdiction of an adult criminal court in adult facilities, consistent with guidelines issued by the Assistant Attorney General.
(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 section 13703 or 13704 of this title, certifies to the Attorney General that exigent circumstances exist that require the State to expend funds to build or expand facilities to confine juvenile offenders other than juvenile offenders adjudicated delinquent for an act which, if committed by an adult, would be a part 1 violent crime, the State may use funds received under this part to build or expand juvenile correctional facilities or pretrial detention facilities for juvenile offenders.
(d) Private facilities 
A State may use funds received under this part for the privatization of facilities to carry out the purposes of section 13702 of this title.
(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)1 of this title, or a crime in a reasonably comparable class of serious violent crimes as approved by the Attorney General.
[1] So in original. Probably should be section “13701(2)”.

42 USC 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 section 13703 of this title for any fiscal year shall be allocated as follows (except that a State may not receive more than 9 percent of the total amount of funds made available under this paragraph):
(A) 0.75 percent shall be allocated to each State that meets the requirements of section 13703 (a) of this title, except that the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, if eligible under section 13703 (a) of this title, shall each be allocated 0.05 percent.
(B) The amount remaining after application of subparagraph (A) shall be allocated to each State that meets the requirements of section 13703 (b) of this title, in the ratio that the number of part 1 violent crimes reported by such State to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made, bears to the average annual number of part 1 violent crimes reported by all States that meet the requirements of section 13703 (b) of this title to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made.
(2) Additional allocation 
15 percent of the amount available for grants under section 13703 of this title for any fiscal year shall be allocated to each State that meets the requirements of section 13703 (c) of this title as follows:
(A) 3.0 percent shall be allocated to each State that meets the requirements of section 13703 (c) of this title, except that the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, if eligible under such subsection, shall each be allocated 0.03 percent.
(B) The amount remaining after application of subparagraph (A) shall be allocated to each State that meets the requirements of section 13703 (c) of this title, in the ratio that the number of part 1 violent crimes reported by such State to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made, bears to the average annual number of part 1 violent crimes reported by all States that meet the requirements of section 13702 (c) of this title to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made.
(b) Allocation of truth-in-sentencing grants under section 13704 
The amounts available for grants for section 13704 of this title shall be allocated to each State that meets the requirements of section 13704 of this title in the ratio that the average annual number of part 1 violent crimes reported by such State to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made bears to the average annual number of part 1 violent crimes reported by States that meet the requirements of section 13704 of this title to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made, except that a State may not receive more than 25 percent of the total amount available for such grants.
(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.

42 USC 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 section 13702 (a) of this title shall represent the best value for the State governments at the lowest possible cost and employ the best available technology.
(b) Administrative provisions 
The administrative provisions of sections 3782 and 3783 of this title shall apply to the Attorney General under this part in the same manner that such provisions apply to the officials listed in such sections.

42 USC 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 sections 13710, 13711, and 13709 of this title, the Attorney General shall, from amounts authorized to be appropriated under paragraph (1) for each fiscal year, distribute 50 percent for incarceration grants under section 13703 of this title, and 50 percent for incentive grants under section 13704 of this title.
(B) Distribution of minimum amounts 
The Attorney General shall distribute minimum amounts allocated for section 13703 (a) of this title to an eligible State not later than 30 days after receiving an application that demonstrates that such State qualifies for a Violent Offender Incarceration grant under section 13703 of this title or a Truth-in-Sentencing Incentive grant under section 13704 of this title.
(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 section 13702 (a) of this title.
(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 sections 13709, 13710, and 13711 of this title shall be available to the Attorney General for purposes of
(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.
[1] So in original. Probably should be “sections”.

42 USC 13709 - Payments for incarceration on tribal lands

(a) Reservation of funds 
Notwithstanding any other provision of this part other than section 13708 (a)(2) of this title, from amounts appropriated to carry out sections 13703 and 13704 of this title, the Attorney General shall reserve, to carry out this section
(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.

42 USC 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 section 13708 of this title, an amount which when added to amounts appropriated to carry out section 1252 (j)1 of title 8 for fiscal year 1996 equals $500,000,000 and for each of the fiscal years 1997 through 2000 does not exceed $650,000,000.
(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.
[1] See References in Text note below.

42 USC 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 section 4013 of title 18.
(b) Authorization of appropriations 
Notwithstanding any other provision of this part other than section 13708 (a)(2) of this title, there are authorized to be appropriated from amounts authorized under section 13708 of this title for each of fiscal years 1996 through 2000 such sums as may be necessary to carry out this section.

42 USC 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 sections 13703 and 13704 of this title, and the distribution and use of funds under this part.

42 USC 13713 - Aimees Law

(a) Short title 
This section may be cited as Aimees Law.
(b) Definitions 
Pursuant to regulations promulgated by the Attorney General hereunder, 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 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.
(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 
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) of this section, 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.
(2) Multiple States 
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) of this section, 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.
(3) State described 
Pursuant to regulations promulgated by the Attorney General hereunder, a State is described in this paragraph unless
(A) 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
(B) 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.

(d) State applications 
In order to receive an amount 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 
Pursuant to regulations promulgated by the Attorney General hereunder, any amount under subsection (c) of this section shall be derived by reducing the amount of Federal law enforcement assistance funds received by the State pursuant to section 3755 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]
(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 
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) 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 (where practicable)
(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 
The Attorney General shall submit to Congress
(A) 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;
(B) 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
(C) reports, at regular intervals not to exceed every five years, that include the information described in paragraph (1).
(j) Effective date 
This section shall take effect on January 1, 2002.
[1] So in original. Probably should be followed by a period.