Pub. L. 104-134, tit. I, sec. 114

Sec. 114. (a) Grant Program.— Subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 is amended to read as follows: 110 STAT. 1321–15 “Subtitle A— Violent Offender Incarceration and Truth-in-Sentencing Incentive Grants “SEC. 20101. DEFINITIONS. “Unless otherwise provided, for purposes of this subtitle— “(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. “SEC. 20102. AUTHORIZATION OF GRANTS. “(a) In General.— The Attorney General shall provide Violent Offender Incarceration grants under section 20103 and Truth-in-Sentencing Incentive grants under section 20104 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 subtitle. Such compacts shall be treated as States under this subtitle. “(2) Requirement.— To be recognized as a regional compact for eligibility for a grant under section 20103 or 20104, each member State must be eligible individually. “(3) Limitation on receipt of funds.— No State may receive a grant under this subtitle both individually and as part of a compact. “(c) Applicability.— Notwithstanding the eligibility requirements of section 20104, a State that certifies to the Attorney General that, as of the date of enactment of the Department of Justice Appropriations Act, 1996, such State has enacted legislation in reliance on subtitle A of title II of the Violent Crime Control and Law Enforcement Act, as enacted on September 13, 1994, and would in fact qualify under those provisions, shall be eligible 110 STAT. 1321–16to receive a grant for fiscal year 1996 as though such State qualifies under section 20104 of this subtitle. “SEC. 20103. 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) 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). “SEC. 20104. 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) such State has implemented truth-in-sentencing laws that— “(A) 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 “(B) 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); “(2) such State has truth-in-sentencing laws that have been enacted, but not yet implemented, that require such State, 110 STAT. 1321–17not 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 “(3) in the case of a State that on the date of enactment of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996, practices indeterminate sentencing witn regard to any part 1 violent crime— “(A) 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 “(B) 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). “(b) Exception.— Notwithstanding subsection (a), 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 prisoner’s victims have had an opportunity to be heard regarding a proposed release. “SEC. 20105. 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 20106 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 20103 or 20104. “(b) Additional Requirement.— To be eligible to receive a grant under section 20103 or 20104, a State shall provide assurances to the Attorney General that the State has implemented or will implement not later than 18 months after the date of the enactment of this subtitle, policies that provide for the recognition of the rights and needs of crime victims. “(c) Funds for Juvenile Offenders.— Notwithstanding any other provision of this subtitle, if a State, or unit of local government located in a State that otherwise meets the requirements of section 20103 or 20104, 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 s110 STAT. 1321–18by an adult, would be a part 1 violent crime, the State may use funds received under this subtitle 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 subtitle for the privatization of facilities to carry out the purposes of section 20102. “(e) Definition.— For purposes of this subtitle, “part 1 violent crime” means a part 1 violent crime as defined in section 20101(3), or a crime in a reasonably comparable class of serious violent crimes as approved by the Attorney General. “SEC. 20106. FORMULA FOR GRANTS. “(a) Allocation of Violent Offender Incarceration Grants Under Section 20103.— “(1) Formula allocation.— 85 percent of the amount available for grants under section 20103 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 20103(a), except that the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, if eligible under section 20103(a), 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 20103(b), 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 20103(b) 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 20103 for any fiscal year shall be allocated to each State that meets the requirements of section 20103(c) as follows: “(A) 3.0 percent shall be allocated to each State that meets the requirements of section 20103(c), 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 20103(c), 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 20102(c) to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made. 110 STAT. 1321–19 “(b) Allocation of Truth-in-Sentencing Grants Under Section 20104.— The amounts available for grants for section 20104 shall be allocated to each State that meets the requirements of section 20104 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 20104 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 subtitle. “(d) Regional Compacts.— In determining the amount of funds that States organized as a regional compact may receive, the Attorney General snail 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. “SEC. 20107. ACCOUNTABILITY. “(a) Fiscal Requirements.— A State that receives funds under this subtitle 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 20102(a) 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 801 and 802 of the Omnibus Crime Control and Safe Streets Act of 1968 shall apply to the Attorney General under this subtitle in the same manner that such provisions apply to the officials listed in such sections. “SEC. 20108. AUTHORIZATION OF APPROPRIATIONS. “(a) In General.— “(1) Authorizations.— There are authorized to be appropriated to carry out this subtitle— “(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 20110, 20111, and 20109, 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 20103, and 50 percent for incentive grants under section 20104. 110 STAT. 1321–20 “(B) Distribution of minimum amounts.— The Attorney General shall distribute minimum amounts allocated for section 20103(a) 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 20103 or a Truth-in-Sentencing Incentive grant under section 20104. “(b) Limitations on Funds.— “(1) Uses of funds.— Except as provided in section 20110 and 20111, funds made available pursuant to this section shall be used only to carry out the purposes described in section 20102(a). “(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 20109, 20110, and 20111 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 subtitle; “(C) technical assistance relating to the use of grant funds, and development and implementation of sentencing reforms implemented pursuant to this subtitle; 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 subtitle may not exceed 90 percent of the costs of a proposal as described in an application approved under this subtitle. “SEC. 20109. PAYMENTS FOR INCARCERATION ON TRIBAL LANDS. “(a) Reservation of Funds.— Notwithstanding any other provision of this subtitle other than section 20108(a)(2), from amounts appropriated to carry out sections 20103 and 20104, 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), 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. 110 STAT. 1321–21 “SEC. 20110. 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 242(j) of the Immigration and Nationality Act in such amount as is determined under section 242(j), 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 subtitle, there are authorized to be appropriated to carry out this section from amounts authorized under section 20108, an amount which when added to amounts appropriated to carry out section 242(j) of the Immigration and Nationality Act 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 242(j) of the Immigration and Nationality Act 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. “SEC. 20111. 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, United States Code. “(b) Authorization of Appropriations.— Notwithstanding any other provision of this subtitle other than section 20108(a)(2), there are authorized to be appropriated from amounts authorized under section 20108 for each of fiscal years 1996 through 2000 such sums as may be necessary to carry out this section. “SEC. 20112. REPORT BY THE 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 subtitle, including a report on the eligibility of the States under sections 20103 and 20104, and the distribution and use of funds under this subtitle.”. (b) Conforming Amendments.— (1) Omnibus crime control and safe streets act of 1968.— (A) Part V.— Part V of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is repealed. (B) Funding.— (i) Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking paragraph (20). (ii) Notwithstanding the provisions of subparagraph (A), any funds that remain available to an applicant under paragraph (20) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 shall be used in accordance with part V of such Act as if such Act was in effect on the day preceding the date of enactment of this Act. 110 STAT. 1321–22 (2) Violent crime control and law enforcement act of 1994.— (A) Table of contents.— The table of contents of the Violent Crime Control and Law Enforcement Act of 1994 is amended by striking the matter relating to title V. (B) Compliance.— Notwithstanding the provisions of paragraph (1), any funds that remain available to an applicant under title V of the Violent Crime Control and Law Enforcement Act of 1994 shall be used in accordance with such subtitle as if such subtitle was in effect on the day preceding the date of enactment of this Act. (C) Truth-in-sentencing.— The table of contents of the Violent Crime Control and Law Enforcement Act of 1994 is amended by striking the matter relating to subtitle A of title II and inserting the following: “Subtitle A—Violent Offender Incarceration and Truth-in-Sentencing Incentive Grants “Sec. 20101. Definitions. “Sec. 20102. Authorization of Grants. “Sec. 20103. Violent offender incarceration grants. “Sec. 20104. Truth-in-sentencing incentive grants. “Sec. 20105. Special rules. “Sec. 20106. Formula for grants. “Sec. 20107. Accountability. “Sec. 20108. Authorization of appropriations. “Sec. 20109. Payments for Incarceration on Tribal Lands. “Sec. 20110. Payments to eligible States for incarceration of criminal aliens. “Sec. 20111. Support of Federal prisoners in non-Federal institutions. “Sec. 20112. Report by the Attorney General.”.