§12102 — Title 34 Navy | U.S. Code

§12102 Authorization of grants

Title 34 › Subtitle Subtitle I— - Comprehensive Acts › Chapter CHAPTER 121— - VIOLENT CRIME CONTROL AND LAW ENFORCEMENT › Subchapter SUBCHAPTER I— - PRISONS › Part Part A— - Violent Offender Incarceration and Truth-in-Sentencing Incentive Grants › § 12102

Last updated Apr 6, 2026|Official source

Summary

The Attorney General must give two kinds of grants to eligible states to help with prison needs. The money can be used to build or expand places that hold people convicted of Part 1 violent crimes or youth who committed those crimes, to add temporary or permanent space (including on military bases or prison barges) for nonviolent offenders and criminal aliens so more room is freed for violent offenders, to build or expand jails, or to do the specific activities listed in another related provision. States may join together in regional compacts and be treated like a single state for these grants. Every state in a compact must meet the grant rules on its own. A state cannot get a grant both by itself and as part of a compact. A state that tells the Attorney General it had laws in place on April 26, 1996, based on how the program was written on September 13, 1994, and would have met those earlier rules, may get a grant for fiscal year 1996 as if it met the normal eligibility.

Title 34, §12102

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(a)The Attorney General shall provide Violent Offender Incarceration grants under section 12103 of this title and Truth-in-Sentencing Incentive grants under section 12104 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;

(3)to build or expand jails; and

(4)to carry out any activity referred to in section 10631(b) of this title.

(b)(1)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)To be recognized as a regional compact for eligibility for a grant under section 12103 or 12104 of this title, each member State must be eligible individually.

(3)No State may receive a grant under this part both individually and as part of a compact.

(c)Notwithstanding the eligibility requirements of section 12104 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 12104 of this title.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 13702 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 20102 of Pub. L. 103–322, title II, Sept. 13, 1994, 108 Stat. 1816, related to Truth in Sentencing Incentive Grants prior to the general amendment of subtitle A of title II of Pub. L. 103–322 by Pub. L. 104–134.

§12102 Authorization of grants

Summary

Title 34, §12102

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Construction

Construction

Amendments

Amendments

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