§12104 — Title 34 Navy | U.S. Code

§12104 Truth-in-sentencing incentive 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 › § 12104

Last updated Apr 6, 2026|Official source

Summary

To get a grant from the Attorney General, a State must apply and prove it has laws making people convicted of a part 1 violent crime serve at least 85 percent of their prison sentence. That can mean the State already requires 85 percent, has laws that will require 85 percent within 3 years of the application, or, for States that used indeterminate sentencing on April 26, 1996, shows people serve on average 85 percent of either the guideline term or the maximum term. The State must also promise to send quarterly reports about any death of a person in arrest, transport, jail, prison, or juvenile facility that include the person’s name, gender, race, ethnicity, age, date, time, place, and a short description of what happened. A State may let its Governor approve early release for an elderly prisoner or for a prisoner whose medical condition means they are not a public danger, but only after a public hearing where the public and the prisoner’s victims can speak.

Title 34, §12104

Navy — Source: USLM XML via OLRC

(a)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 State’s 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)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.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 13704 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 20104 of Pub. L. 103–322, title II, Sept. 13, 1994, 108 Stat. 1818, related to Federal share matching requirement prior to the general amendment of subtitle A of title II of Pub. L. 103–322 by Pub. L. 104–134.

Amendments

2000—Subsec. (a). Pub. L. 106–297 redesignated par. (1) as subpar. (A) and former subpars. (A) and (B) as cls. (i) and (ii), respectively, redesignated par. (2) as subpar. (B), redesignated par. (3) as subpar. (C) and former subpars. (A) and (B) as cls. (i) and (ii), respectively, and added par. (2).