PRIA, Government Policy, Made Personal

Summary

The Office of Justice Programs, with help from the Bureau of Justice Statistics and when Congress provides money, must give each State a grant to build or upgrade systems that track criminal records, ID people, and share justice information. States can use the money with local governments, courts, or other States to modernize criminal-history databases, fingerprint and biometrics systems, court reporting, background-check links for guns, sex-offender and domestic-violence registries, ballistics and forensic/DNA work, communications between agencies, systems that help child-welfare checks, and other related record and research tools. In short, it covers many types of upgrades needed to make State and local criminal-justice systems work together and feed national systems. To get a grant, a State must promise it can send needed records to the national gun background-check system and has started or will start a statewide plan to share and integrate justice information. The plan must be made with key State and local officials and show needs, priorities, and how the work will link with other federal programs. The federal share of a project usually can be no more than 90% unless a State meets a special implementation plan or the Attorney General waives the rule. Congress authorized $250,000,000 per year for fiscal years 2018 through 2022. No more than 3% of yearly funds can pay Justice Department administration and no more than 5% can pay technical help, training, or studies. The Attorney General must spread money fairly around the country and may also award grants to Indian tribes.

Title 34, §40301

Navy, Source: USLM XML via OLRC

(a)In general

Subject to the availability of amounts provided in advance in appropriations Acts, the Office of Justice Programs relying principally on the expertise of the Bureau of Justice Statistics shall make a grant to each State, in a manner consistent with the national criminal history improvement program, which shall be used by the State, in conjunction with units of local government, State and local courts, other States, or combinations thereof, to establish or upgrade an integrated approach to develop information and identification technologies and systems to—

(1)upgrade criminal history and criminal justice record systems, including systems operated by law enforcement agencies and courts;

(2)improve criminal justice identification;

(3)promote compatibility and integration of national, State, and local systems for—

(A)criminal justice purposes;

(B)firearms eligibility determinations;

(C)identification of all individuals who have been convicted of a crime punishable by imprisonment for a term exceeding 1 year

(D)identification of sexual offenders;

(E)identification of domestic violence offenders; and

(F)background checks for other authorized purposes unrelated to criminal justice; and

(4)capture information for statistical and research purposes to improve the administration of criminal justice.

(b)Use of grant amounts

Grants under this section may be used for programs to establish, develop, update, or upgrade—

(1)State centralized, automated, adult and juvenile criminal history record information systems, including arrest and disposition reporting;

(2)automated fingerprint identification systems that are compatible with standards established by the National Institute of Standards and Technology and interoperable with the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation;

(3)finger imaging, live scan, and other automated systems to digitize fingerprints and to communicate prints in a manner that is compatible with standards established by the National Institute of Standards and Technology and interoperable with systems operated by States and by the Federal Bureau of Investigation;

(4)programs and systems to facilitate full participation in the Interstate Identification Index of the National Crime Information Center;

(5)systems to facilitate full participation in any compact relating to the Interstate Identification Index of the National Crime Information Center;

(6)systems to facilitate full participation in the national instant criminal background check system established under section 40901(b) of this title for firearms eligibility determinations, including through increased efforts to pre-validate the contents of felony conviction records and domestic violence records to expedite eligibility determinations, and measures and resources necessary to establish and achieve compliance with an implementation plan under section 40917 of this title;

(7)integrated criminal justice information systems to manage and communicate criminal justice information among law enforcement agencies, courts, prosecutors, and corrections agencies;

(8)noncriminal history record information systems relevant to firearms eligibility determinations for availability and accessibility to the national instant criminal background check system established under section 103(b) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note);

(9)court-based criminal justice information systems that promote—

(A)reporting of dispositions to central State repositories and to the Federal Bureau of Investigation; and

(B)compatibility with, and integration of, court systems with other criminal justice information systems;

(10)ballistics identification and information programs that are compatible and integrated with the National Integrated Ballistics Network (NIBN);

(11)the capabilities of forensic science programs and medical examiner programs related to the administration of criminal justice, including programs leading to accreditation or certification of individuals or departments, agencies, or laboratories, and programs relating to the identification and analysis of deoxyribonucleic acid;

(12)sexual offender identification and registration systems;

(13)domestic violence offender identification and information systems;

(14)programs for fingerprint-supported background checks capability for noncriminal justice purposes, including youth service employees and volunteers and other individuals in positions of responsibility, if authorized by Federal or State law and administered by a government agency;

(15)criminal justice information systems with a capacity to provide statistical and research products including incident-based reporting systems that are compatible with the National Incident-Based Reporting System (NIBRS) and uniform crime reports;

(16)multiagency, multijurisdictional communications systems among the States to share routine and emergency information among Federal, State, and local law enforcement agencies;

(17)the capability of the criminal justice system to deliver timely, accurate, and complete criminal history record information to child welfare agencies, organizations, and programs that are engaged in the assessment of risk and other activities related to the protection of children, including protection against child sexual abuse, and placement of children in foster care; and

(18)notwithstanding subsection (c), antiterrorism purposes as they relate to any other uses under this section or for other antiterrorism programs.

(c)Assurances

(1)In general

To be eligible to receive a grant under this section, a State shall provide assurances to the Attorney General that the State has the capability to contribute pertinent information to the national instant criminal background check system established under section 103(b) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note).2

(2)Information sharing

Such assurances shall include a provision that ensures that a statewide strategy for information sharing systems is underway, or will be initiated, to improve the functioning of the criminal justice system, with an emphasis on integration of all criminal justice components, law enforcement, courts, prosecution, corrections, and probation and parole. The strategy shall be prepared after consultation with State and local officials with emphasis on the recommendation of officials whose duty it is to oversee, plan, and implement integrated information technology systems, and shall contain— (A)

(B)an assessment of the criminal justice resources being devoted to information technology;

(C)Federal, State, regional, and local information technology coordination requirements;

(D)an assurance that the individuals who developed the grant application took into consideration the needs of all branches of the State Government and specifically sought the advice of the chief of the highest court of the State with respect to the application;

(E)State and local resource needs;

(F)the establishment of statewide priorities for planning and implementation of information technology systems; and

(G)a plan for coordinating the programs funded under this subchapter with other federally funded information technology programs, including directly funded local programs such as the Edward Byrne Justice Assistance Grant Program and the M.O.R.E. program established pursuant to part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 [34 U.S.C. 10381 et seq.].

(d)Matching funds

The Federal share of a grant received under this subchapter may not exceed 90 percent of the costs of a program or proposal funded under this subchapter unless the State has achieved compliance with an implementation plan under section 40917 of this title or the Attorney General waives, wholly or in part, the requirements of this subsection.

(e)Authorization of appropriations

(1)In general

There is authorized to be appropriated to carry out this section $250,000,000 for each of fiscal years 2018 through 2022.

(2)Limitations

Of the amount made available to carry out this section in any fiscal year—

(A)not more than 3 percent may be used by the Attorney General for salaries and administrative expenses;

(B)not more than 5 percent may be used for technical assistance, training and evaluations, and studies commissioned by Bureau of Justice Statistics of the Department of Justice (through discretionary grants or otherwise) in furtherance of the purposes of this section; and

(C)the Attorney General shall ensure the amounts are distributed on an equitable geographic basis.

(f)Grants to Indian tribes

Notwithstanding any other provision of this section, the Attorney General may use amounts made available under this section to make grants to Indian tribes for use in accordance with this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 103(b) of the Brady Handgun Violence Prevention Act, referred to in subsecs. (b)(8) and (c)(1), is section 103(b) of Pub. L. 103–159, which was set out as a note under section 922 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification as section 40901(b) of this title. The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (c)(2)(G), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197. Part Q of title I of the Act is classified generally to subchapter XVI (§ 10381 et seq.) of chapter 101 of this title. For complete classification of this Act to the Code, see

Short Title

of 1968 Act note set out under section 10101 of this title and Tables. Codification Section was formerly classified to section 14601 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2018—Subsec. (a)(3)(C) to (F). Pub. L. 115–141, § 604(a)(1), added subpar. (C) and redesignated former subpars. (C) to (E) as (D) to (F), respectively. Subsec. (b)(6). Pub. L. 115–141, § 604(a)(2), substituted “section 40901(b) of this title” for “section 103(b) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note)” and inserted before semicolon at end “, including through increased efforts to pre-validate the contents of felony conviction records and domestic violence records to expedite eligibility determinations, and measures and resources necessary to establish and achieve compliance with an implementation plan under section 40917 of this title”. Subsec. (d). Pub. L. 115–141, § 604(a)(3), inserted “the State has achieved compliance with an implementation plan under section 40917 of this title or” after “unless”. Subsec. (e)(1). Pub. L. 115–141, § 604(a)(4), substituted “2018 through 2022” for “2002 through 2007”. 2006—Subsec. (c)(2)(G). Pub. L. 109–162 substituted “such as the Edward Byrne Justice Assistance Grant Program and the M.O.R.E. program” for “such as the Local Law

Enforcement

Block Grant program (described under the heading ‘Violent Crime Reduction Programs, State and Local Law

Enforcement

Assistance’ of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105–119)) and the M.O.R.E. program”. 2001—Subsec. (b)(18). Pub. L. 107–56, § 1015(1), added par. (18). Subsec. (e)(1). Pub. L. 107–56, § 1015(2), substituted “this section $250,000,000 for each of fiscal years 2002 through 2007” for “this section $250,000,000 for each of fiscal years 1999 through 2003”. 2000—Subsec. (b)(17). Pub. L. 106–177 added par. (17). Subsec. (e)(2)(B) to (D). Pub. L. 106–561 inserted “and” after semicolon in subpar. (B), redesignated subpar. (D) as (C), and struck out former subpar. (C) which read as follows: “not less than 20 percent shall be used by the Attorney General for the purposes described in paragraph (11) of subsection (b); and”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2006 AmendmentAmendment by Pub. L. 109–162 applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109–162, set out as a note under section 10151 of this title.

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For

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of title I of Pub. L. 105–251, which is classified to this subchapter, as the “Crime Identification Technology Act of 1998”, see section 101 of Pub. L. 105–251, set out as a

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of 1998 Act note under section 10101 of this title.

§40301 State Grant Program for Criminal Justice Identification, Information, and Communication

Summary

Title 34, §40301

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Amendments

Enforcement

Enforcement

Statutory Notes and Related Subsidiaries

Effective Date

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