§12104 — Title 34 Navy | U.S. Code

Summary

To get a grant, a State must apply to the Attorney General and show it has laws so people convicted of a part 1 violent crime serve at least 85 percent of their sentence (not counting credits like good behavior). That can be shown by a law already in effect that requires 85 percent, a law already in effect that makes the average time served at least 85 percent, a law passed but not yet started that will require 85 percent no later than 3 years after the application, or, for States using indeterminate sentencing on April 26, 1996, evidence that the average time served is at least 85 percent of the guideline term or of the maximum term imposed. The State also must promise to report, every quarter and under rules from the Attorney General, any death of a person who is being arrested, transported to jail, or is in a local or State jail or prison. Each report must include the name, gender, race, ethnicity, and age of the deceased; the date, time, and place of death; and a short description of what happened. The Governor may allow early release of a geriatric prisoner or a prisoner whose medical condition means they are not a threat, but only after a public hearing where the public and 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).

§12104 Truth-in-sentencing Incentive Grants