
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13891]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
 
                     SUBCHAPTER II--CRIME PREVENTION
 
               Part I--Family Unity Demonstration Project
 
                       subpart 1--grants to states
 
Sec. 13891. Authority to make grants


(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 prisoner's 
        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, Sec. 31911, Sept. 13, 1994, 108 Stat. 
1894.)

                  Section Referred to in Other Sections

    This section is referred to in sections 13892, 14214 of this title.
