PRIA, Government Policy, Made Personal

Summary

States must set aside up to 15 percent of the funds they get each year under this program for counties and local governments to build, change, expand, or improve jails and other correctional facilities. When picking the exact amount to reserve, the State must consider how much burden local governments face from state policies that put certain requirements on them. Grants for truth-in-sentencing and violent offender incarceration can pay to put juveniles in separate areas of adult facilities, train staff who supervise those juveniles about their special needs, and hire ombudsmen to watch how juveniles are treated under Justice Department guidelines. In urgent situations, if a State or a local unit that otherwise qualifies tells the Attorney General it needs to build or expand juvenile lockups for juveniles who are not adjudicated for crimes that would be "part 1 violent crimes" if done by an adult, the State may use funds to build or expand juvenile correctional or pretrial detention facilities. States may also use the money to privatize facilities. "Part 1 violent crime" means the same as that term elsewhere in the law, or a similar serious violent crime approved by the Attorney General.

Title 34, §12105

Navy, Source: USLM XML via OLRC

(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 12106 of this title 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 12103 or 12104 of this title.

(b)Use of truth-in-sentencing and violent offender incarceration grants

Funds provided under section 12103 or 12104 of this title may be applied to the cost of— (1)

(2)providing correctional staff who are responsible for supervising juveniles who are detained or serving sentences under the jurisdiction of an adult criminal court with orientation and ongoing training regarding the unique needs of such offenders; and

(3)providing ombudsmen to monitor the treatment of juveniles who are detained or serving sentences under the jurisdiction of an adult criminal court in adult facilities, consistent with guidelines issued by the Assistant Attorney General.

(c)Funds for juvenile offenders

Notwithstanding any other provision of this part, if a State, or unit of local government located in a State that otherwise meets the requirements of section 12103 or 12104 of this title, 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 by an adult, would be a part 1 violent crime, the State may use funds received under this part 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 part for the privatization of facilities to carry out the purposes of section 12102 of this title.

(e)“Part 1 violent crime” defined

For purposes of this part, “part 1 violent crime” means a part 1 violent crime as defined in section 12101(3) of this title, or a crime in a reasonably comparable class of serious violent crimes as approved by the Attorney General.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 13705 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.

Prior Provisions

A prior section 20105 of Pub. L. 103–322, title II, Sept. 13, 1994, 108 Stat. 1818, related to

Rules and Regulations

prior to the general amendment of subtitle A of title II of Pub. L. 103–322 by Pub. L. 104–134.

Amendments

2002—Subsec. (b). Pub. L. 107–273 substituted “Use of truth-in-sentencing and violent offender incarceration grants” for “Additional requirements” in heading and amended text generally, substituting provisions relating to use of funds for juveniles in adult prisons or under the jurisdiction of an adult criminal court for provisions relating to additional requirements for grant eligibility. 1998—Subsec. (b). Pub. L. 105–277 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “To be eligible to receive a grant under section 13703 or 13704 of this title, a State shall provide assurances to the Attorney General that the State has implemented or will implement not later than 18 months after April 26, 1996, policies that provide for the recognition of the rights and needs of crime victims.”

§12105 Special Rules