
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: 42USC3762a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
 
        SUBCHAPTER V--BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS
 
                      Part B--Discretionary Grants
 
                  subpart 2--grants to public agencies
 
Sec. 3762a. Correctional options grants


(a) Authority to make grants

    The Director, in consultation with the Director of the National 
Institute of Corrections, may make--
        (1) 4 grants in each fiscal year, in various geographical areas 
    throughout the United States, to public agencies for correctional 
    options (including the cost of construction) that provide 
    alternatives to traditional modes of incarceration and offender 
    release programs--
            (A) to provide more appropriate intervention for youthful 
        offenders who are not career criminals, but who, without such 
        intervention, are likely to become career criminals or more 
        serious offenders;
            (B) to provide a degree of security and discipline 
        appropriate for the offender involved;
            (C) to provide diagnosis, and treatment and services 
        (including counseling, substance abuse treatment, education, job 
        training and placement assistance while under correctional 
        supervision, and linkage to similar outside services), to 
        increase the success rate of offenders who decide to pursue a 
        course of lawful and productive conduct after release from legal 
        restraint;
            (D) to reduce criminal recidivism by offenders who receive 
        punishment through such alternatives;
            (E) to reduce the cost of correctional services and 
        facilities by reducing criminal recidivism; and
            (F) to provide work that promotes development of industrial 
        and service skills in connection with a correctional option;

        (2) grants to private nonprofit organizations--
            (A) for any of the purposes specified in subparagraphs (A) 
        through (F) of paragraph (1);
            (B) to undertake educational and training programs for 
        criminal justice personnel;
            (C) to provide technical assistance to States and local 
        units of government; and
            (D) to carry out demonstration projects which, in view of 
        previous research or experience, are likely to be a success in 
        more than one jurisdiction;

    in connection with a correctional option (excluding the cost of 
    construction); and
        (3) grants to public agencies to establish, operate, and support 
    boot camp prisons.

(b) Selection of grantees

    The selection of applicants to receive grants under paragraphs (1) 
and (2) of subsection (a) of this section shall be based on their 
potential for developing or testing various innovative alternatives to 
traditional modes of incarceration and offender release programs. In 
selecting the applicants to receive grants under subsection (a)(3) of 
this section, the Director shall--
        (1) consider the overall quality of an applicant's shock 
    incarceration program, including the existence of substance abuse 
    treatment, drug testing, counseling literacy education, vocational 
    education, and job training programs during incarceration or after 
    release; and
        (2) give priority to public agencies that clearly demonstrate 
    that the capacity of their correctional facilities is inadequate to 
    accommodate the number of individuals who are convicted of offenses 
    punishable by a term of imprisonment exceeding 1 year.

(c) Consultations

    The Director shall consult with the Commission on Alternative 
Utilization of Military Facilities created by Public Law 100-456 in 
order to identify military facilities that may be used as sites for 
correctional programs receiving assistance under this subpart.

(Pub. L. 90-351, title I, Sec. 515, as added Pub. L. 101-647, title 
XVIII, Sec. 1801(a)(7), Nov. 29, 1990, 104 Stat. 4847; amended Pub. L. 
103-322, title XXXIII, Sec. 330001(b)(1), Sept. 13, 1994, 108 Stat. 
2138.)

                       References in Text

    The Commission on Alternative Utilization of Military Facilities, 
referred to in subsec. (c), was created by section 2819 of Pub. L. 100-
456, as amended, which was set out as a note under section 2391 of Title 
10, Armed Forces, prior to repeal by Pub. L. 105-261, div. A, title X, 
Sec. 1031(b), Oct. 17, 1998, 112 Stat. 2123.


                            Prior Provisions

    For prior section 515 of Pub. L. 90-351, see note set out preceding 
section 3750 of this title.


                               Amendments

    1994--Subsec. (b). Pub. L. 103-322, in introductory provisions 
substituted ``paragraphs (1) and (2) of subsection (a)'' for 
``subsection (a)(1) and (2)'', and in par. (2) substituted ``public 
agencies'' for ``States''.

                          Transfer of Functions

    Effective Aug. 1, 2000, all functions of Director of Bureau of 
Justice Assistance, other than those enumerated in section 3742(3) to 
(6) of this title, transferred to Assistant Attorney General for Office 
of Justice Programs, see section 1000(a)(1) [title I, Sec. 108(b)] of 
Pub. L. 106-113, set out as a note under section 3741 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3762b, 3763, 3766 of this 
title; title 10 section 2693.
