Page:United States Statutes at Large Volume 110 Part 2.djvu/163

 PUBLIC LAW 104-134—APR. 26, 1996 110 STAT. 1321-16 to receive a grant for fiscal year 1996 as though such State qualifies under section 20104 of this subtitle. "SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS. 42 USC 13703. "(a) ELIGIBILITY FOR MINIMUM GRANT.—To be eligible to receive a minimum grant under this section, a State shall submit an application to the Attorney General that provides assurances that the State has implemented, or will implement, correctional policies and programs, including truth-in-sentencing laws that ensure that violent offenders serve a substantial portion of the sentences imposed, that are designed to provide sufficiently severe punishment for violent offenders, including violent juvenile offenders, and that the prison time served is appropriately related to the determination that the inmate is a violent offender and for a period of time deemed necessary to protect the public. " (b) ADDITIONAL AMOUNT FOR INCREASED PERCENTAGE OF PER- SONS SENTENCED AND TIME SERVED.—^A State that received a grant under subsection (a) is eligible to receive additional grant amounts if such State demonstrates that the State has, since 1993— "(1) increased the percentage of persons arrested for a part 1 violent crime sentenced to prison; or "(2) increased the average prison time actugdly served or the average percent of sentence served by persons convicted of a part 1 violent crime. Receipt of grant amounts under this subsection does not preclude eligibility for a grant under subsection (c). " (c) ADDITIONAL AMOUNT FOR INCREASED RATE OF INCARCER- ATION AND PERCENTAGE OF SENTENCE SERVED.— ^A State that received a grant under subsection (a) is eligible to receive additional grant amounts if such State demonstrates that the State has— "(1) since 1993, increased the percentage of persons arrested for a part 1 violent crime sentenced to prison, and has increased the average percent of sentence served by persons convicted of a part 1 violent crime; or "(2) has increased by 10 percent or more over the most recent 3-year period the number of new court commitments to prison of persons convicted of part 1 violent crimes. Receipt of grant amounts under this subsection does not preclude eligibility for a grant under subsection (b). "SEC. 20104. TRUTH-m -SENTENCING INCENTIVE GRANTS. 42 USC 13704. "(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,

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