42-U.S.C.-13891

42-U.S.C.-13891

§13891 – Authority to Make Grants

Pathway

Title 42 > Chapter 136 > Subchapter II > Part I > Subpart 1 > Section 13891

Details

  • Reference: Section 13891
  • Legend: §13891 – Authority to Make Grants
  • USCode Year: 2011

Provision Content

(a) General authority

The Attorney General may make grants, on a competitive basis, to States to carry out in accordance with this part family unity demonstration projects that enable eligible offenders to live in community correctional facilities with their children.

(b) Preferences

For the purpose of making grants under subsection (a) of this section, the Attorney General shall give preference to a State that includes in the application required by section 13892 of this title assurances that if the State receives a grant—

(1) both the State corrections agency and the State health and human services agency will participate substantially in, and cooperate closely in all aspects of, the development and operation of the family unity demonstration project for which such a grant is requested;

(2) boards made up of community members, including residents, local businesses, corrections officials, former prisoners, child development professionals, educators, and maternal and child health professionals will be established to advise the State regarding the operation of such project;

(3) the State has in effect a policy that provides for the placement of all prisoners, whenever possible, in correctional facilities for which they qualify that are located closest to their respective family homes;

(4) unless the Attorney General determines that a longer timeline is appropriate in a particular case, the State will implement the project not later than 180 days after receiving a grant under subsection (a) of this section and will expend all of the grant during a 1-year period;

(5) the State has the capacity to continue implementing a community correctional facility beyond the funding period to ensure the continuity of the work;

(6) unless the Attorney General determines that a different process for selecting participants in a project is desirable, the State will—

(A) give written notice to a prisoner, not later than 30 days after the State first receives a grant under subsection (a) of this section or 30 days after the prisoner is sentenced to a term of imprisonment of not more than 7 years (whichever is later), of the proposed or current operation of the project;

(B) accept at any time at which the project is in operation an application by a prisoner to participate in the project if, at the time of application, the remainder of the prisoners sentence exceeds 180 days;

(C) review applications by prisoners in the sequence in which the State receives such applications; and

(D) not more than 50 days after reviewing such applications approve or disapprove the application; and

(7) for the purposes of selecting eligible offenders to participate in such project, the State has authorized State courts to sentence an eligible offender directly to a community correctional facility, provided that the court gives assurances that the offender would have otherwise served a term of imprisonment.

(c) Selection of grantees

The Attorney General shall make grants under subsection (a) of this section on a competitive basis, based on such criteria as the Attorney General shall issue by rule and taking into account the preferences described in subsection (b) of this section.

(Pub. L. 103–322, title III, §31911, Sept. 13, 1994, 108 Stat. 1894.)

U.S. Encyclopedia of Law Coverage

42-U.S.C.-13824 in the Legal Encyclopedia: Crime Control

In this entry about 42-U.S.C.-13824, find legal reference material, bibliographies and premiere content related to crime control in the American Encyclopedia of Law, presenting a comprehensive view of the United States crime control-specific issues, written by authorities in the field.

42-U.S.C.-13868 in the Legal Encyclopedia: Violent Crime Control

In this entry about 42-U.S.C.-13868, find legal reference material, bibliographies and premiere content related to violent crime control in the American Encyclopedia of Law, presenting a comprehensive view of the United States violent crime control-specific issues, written by authorities in the field.

42-U.S.C.-13861 in the Legal Encyclopedia: Law Enforcement

In this entry about 42-U.S.C.-13861, find legal reference material, bibliographies and premiere content related to law enforcement in the American Encyclopedia of Law, presenting a comprehensive view of the United States law enforcement-specific issues, written by authorities in the field.

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