
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-297 Section 2]
[CITE: 42USC13704]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
 
                          SUBCHAPTER I--PRISONS
 
Part A--Violent Offender Incarceration and Truth-in-Sentencing Incentive 
                                 Grants
 
Sec. 13704. Truth-in-sentencing incentive grants


(a) Eligibility

    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) such State has implemented truth-in-sentencing laws that--
            (A) 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
            (B) 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);

        (2) 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
        (3) in the case of a State that on April 26, 1996, practices 
    indeterminate sentencing with regard to any part 1 violent crime--
            (A) 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
            (B) 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).

(b) Exception

    Notwithstanding subsection (a) of this section, 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.

(Pub. L. 103-322, title II, Sec. 20104, as added Pub. L. 104-134, title 
I, Sec. 101[(a)] [title I, Sec. 114(a)], Apr. 26, 1996, 110 Stat. 1321, 
1321-16; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 
110 Stat. 1327.)


                            Prior Provisions

    A prior section 13704, Pub. L. 103-322, title II, Sec. 20104, Sept. 
13, 1994, 108 Stat. 1818, related to Federal share matching requirement 
prior to the general amendment of this part by Pub. L. 104-134.

                  Section Referred to in Other Sections

    This section is referred to in sections 13702, 13705, 13706, 13708, 
13709, 13712, 14214 of this title.
