
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13705]

 
                 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. 13705. Special rules


(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 13706 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 13703 or 13704 of 
    this title.

(b) Additional requirements

                      (1) Eligibility for grant

        To be eligible to receive a grant under section 13703 of this 
    title or section 13704 of this title, a State shall--
            (A) provide assurances to the Attorney General that the 
        State has implemented or will implement not later than 18 months 
        after April 26, 1996,\1\ policies that provide for the 
        recognition of the rights of crime victims; and
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    \1\ See Codification note below.
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            (B) subject to the limitation of paragraph (2), no later 
        than September 1, 2000, consider a program of drug testing and 
        intervention for appropriate categories of convicted offenders 
        during periods of incarceration and post-incarceration and 
        criminal justice supervision, with sanctions including denial or 
        revocation of release for positive drug tests, consistent with 
        guidelines issued by the Attorney General.

                          (2) Use of funds

        Beginning in fiscal year 1999, not more than 10 percent of the 
    funds provided under section 13703 of this title or section 13704 of 
    this title may be applied to the cost of offender drug testing and 
    intervention programs during periods of incarceration and post-
    incarceration criminal justice supervision, consistent with 
    guidelines issued by the Attorney General. Further, such funds may 
    be used by the States to pay the costs of providing to the Attorney 
    General a baseline study on their prison drug abuse problem. Such 
    studies shall be consistent with guidelines issued by the 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 13703 or 13704 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 13702 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 13701(3) \2\ of this title, or a 
crime in a reasonably comparable class of serious violent crimes as 
approved by the Attorney General.
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    \2\ So in original. Probably should be section ``13701(2)''.
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(Pub. L. 103-322, title II, Sec. 20105, as added Pub. L. 104-134, title 
I, Sec. 101[(a)] [title I, Sec. 114(a)], Apr. 26, 1996, 110 Stat. 1321, 
1321-17; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 
110 Stat. 1327; amended Pub. L. 105-277, div. E, Sec. 3, Oct. 21, 1998, 
112 Stat. 2681-760.)

                          Codification

    April 26, 1996, referred to in subsec. (b)(1)(A), was in the 
original ``the date of the enactment of this subtitle'', which was 
translated as meaning the date of enactment of Pub. L. 104-134, which 
amended this part generally, to reflect the probable intent of Congress.


                            Prior Provisions

    A prior section 13705, Pub. L. 103-322, title II, Sec. 20105, Sept. 
13, 1994, 108 Stat. 1818, related to rules and regulations prior to the 
general amendment of this part by Pub. L. 104-134.


                               Amendments

    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.''

                  Section Referred to in Other Sections

    This section is referred to in section 14214 of this title.
