§12105 — Title 34 Navy | U.S. Code

Summary

States must set aside no more than 15% of their yearly grant money under section 12106 for counties and local governments to build, change, or improve jails and other correctional places. When choosing how much to hold back, the State must take into account how its own policies under sections 12103 or 12104 increase costs for counties or local governments. Money given under sections 12103 or 12104 can pay to change adult facilities so juveniles are kept apart, train staff who supervise juveniles, and pay ombudsmen to watch how juveniles are treated (following guidance from the Assistant Attorney General). If a State tells the Attorney General that an urgent need exists to build or expand places for young offenders who are not adjudicated for a “part 1 violent crime,” the State may use these funds for juvenile correctional or pretrial detention facilities. States may also use funds to privatize facilities. “Part 1 violent crime” means the crimes listed in section 12101(3) or similar serious violent crimes approved by the Attorney General.

Title 34, §12105

Navy — Source: USLM XML via OLRC

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

(1)altering existing correctional facilities to provide separate facilities for juveniles under the jurisdiction of an adult criminal court who are detained or are serving sentences in adult prisons or jails;

(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)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)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)For purposes of this part, “part 1 violent crime” means a part 1 violent crime as defined in section 12101(3) 11 So in original. Probably should be section “12101(2)”. 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