§40742 — Title 34 Navy | U.S. Code

Summary

The Attorney General must run a grant program, if money is available under section 40744, to help States pay the costs of starting or putting in place programs to collect DNA from people who are arrested. States must apply and show they have state laws authorizing DNA arrestee collection. The application must promise the grant will add to, not replace, State funding and must explain how the money will be spent. Grant amounts are based on the State’s projected costs and the Attorney General decides the award. A State can get no more than 100 percent of its first-year implementation costs. As a condition of a grant, a State must give written notice about expungement and how to request it, post the eligibility rules and instructions on a public website, and decide and respond to expungement requests within 90 days.

Title 34, §40742

Navy — Source: USLM XML via OLRC

(a)The Attorney General shall, subject to amounts made available pursuant to section 40744 of this title, carry out a grant program for the purpose of assisting States with the costs associated with the implementation of DNA arrestee collection processes.

(b)(1)To be eligible to receive a grant under this section, in addition to any other requirements specified by the Attorney General, a State shall submit to the Attorney General an application that demonstrates that it has statutory authorization for the implementation of a DNA arrestee collection process.

(2)An application submitted under paragraph (1) by a State shall include assurances that the amounts received under the grant under this section shall be used to supplement, not supplant, State funds that would otherwise be available for the purpose described in subsection (a).

(3)The Attorney General shall require a State seeking a grant under this section to document how such State will use the grant to meet expenses associated with a State’s implementation or planned implementation of a DNA arrestee collection process.

(c)(1)The amount available to a State under this section shall be based on the projected costs that will be incurred by the State to implement a DNA arrestee collection process. Subject to paragraph (2), the Attorney General shall retain discretion to determine the amount of each such grant awarded to an eligible State.

(2)In the case of a State seeking a grant under this section with respect to the implementation of a DNA arrestee collection process, such State shall be eligible for a grant under this section that is equal to no more than 100 percent of the first year costs to the State of implementing such process.

(d)As a condition of receiving a grant under this section, a State shall have a procedure in place to—

(1)provide written notification of expungement provisions and instructions for requesting expungement to all persons who submit a DNA profile or DNA data for inclusion in the index;

(2)provide the eligibility criteria for expungement and instructions for requesting expungement on an appropriate public Web site; and

(3)make a determination on all expungement requests not later than 90 days after receipt and provide a written response of the determination to the requesting party.

Editorial Notes

Codification Section was formerly classified to section 14137a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

§40742 Grants to States to implement DNA arrestee collection processes

Summary

Title 34, §40742

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata