28 CFR 91.3 - General eligibility requirements.

§ 91.3 General eligibility requirements.
(a) Recipients must be individual states, or states organized as multi-state compacts.
(b) Application requirements. To be eligible to receive either a formula or a discretionary grant under subtitle A, an applicant must submit an application which includes:
(1) Assurances that the state(s) have implemented, or will implement, correctional policies and programs, including truth in sentencing laws. No specific requirements for complying with this condition are prescribed by this interim rule for fiscal 1995 funding because of the need for further review of the status of truth in sentencing laws and the impact and needs requirements relating to reform in state systems.
(2) Assurances that the state(s) have implemented or will implement policies that provide for the recognition of the rights and needs of crime victims.
States are not required to adopt any specific set of victims rights measures for compliance, but the adoption by a state of measures which are comparable to or exceed those applied in federal proceedings will be deemed sufficient compliance for eligibility for funding. If the state has not adopted victims rights measures which are comparable to or exceed federal law, the adequacy of compliance will be determined on a case-by-case basis. States will be afforded a reasonable amount of time to achieve compliance. States may comply with this condition by providing recognition of the rights and needs of crime victims in the following areas:
(i) Providing notice to victims concerning case and offender status;
(ii) Providing an opportunity for victims to be present at public court proceedings in their cases;
(iii) Providing victims the opportunity to be heard at sentencing and parole hearings;
(iv) Providing for restitution to victims; and
(v) Establishing administrative or other mechanisms to effectuate these rights.
(3) Assurances that funds received under this section will be used to construct, develop, expand, operate or improve correctional facilities to ensure that secure space is available for the confinement of violent offenders.
(4) Assurances that the state(s) has a comprehensive correctional plan in accordance with the definition elements in § 91.2. If the state(s) does not have an adequate comprehensive correctional plan, technical assistance will be available for compliance. States will be afforded a reasonable amount of time to develop their plans.
(5) Assurances that the state(s) has involved counties and other units of local government, when appropriate, in the construction, development, expansion, modification, operation or improvement of correctional facilities designed to ensure the incarceration of violent offenders and that the state(s) will share funds received with counties and other units of local government, taking into account the burden placed on these units of government when they are required to confine sentenced prisoners because of overcrowding in state prison facilities.
(6) Assurances that funds received under this section will be used to supplement, not supplant, other federal, state, and local funds.
(7) Assurances that the state(s) has implemented, or will implement within 18 months after the date of the enactment of the Violent Crime Control and Law Enforcement Act of 1994 (September 13, 1994), policies to determine the veteran status of inmates and to ensure that incarcerated veterans receive the veterans benefits to which they are entitled.
(8) Assurances that correctional facilities will be made accessible to persons conducting investigations under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. 1997.
(9) If applicable, documentation of the multi-state compact agreement that specifies the construction, development, expansion, modification, operation, or improvement of correctional facilities.
(10) If applicable, a description of the eligibility criteria for participation in any boot camp that is to be funded.
(c) States, and states organized as multi-state compacts, which can demonstrate affirmative responses to the assurances outlined above will be eligible to receive funds.
(d) Each state application for such funds must be accompanied by a comprehensive correctional plan. The plan shall be developed in consultation with representatives of appropriate state and local units of government, shall include both the adult and juvenile correctional systems, and shall provide an assessment of the state and local correctional needs, and a long-range implementation strategy for addressing those needs.
(e) Local units of government, i.e., any city, county, town, township, borough, parish, village or other general purpose subdivision of a state, or Indian tribe which performs law enforcement functions as determined by the secretary of the Interior, are in turn eligible to receive subgrants from a participating state(s). Such subgrants shall be made for the purpose(s) of carrying out the implementation strategy, consistent with state(s) comprehensive correctional plan.
(f) In awarding grants, consideration shall be given to the special burden placed on states which incarcerate a substantial number of inmates who are in the United States illegally. States will not be required to submit additional information on numbers of criminal aliens. The Bureau of Justice Assistance (BJA) and the Immigration and Naturalization Service (INS) are currently working together to implement the State Criminal Alien Assistance Program (SCAAP) to assist the states with the costs of incarcerating criminal aliens. The Office of Justice Programs will coordinate with the SCAAP program to obtain the relevant information.
(g) The funds provided under this part shall be administered in compliance with the standards set forth in part 38 (Equal Treatment for Faith-based Organizations) of this chapter.
[59 FR 63019, Dec. 7, 1994, as amended by Order No. 2703-2004, 69 FR 2841, Jan. 21, 2004]

Title 28 published on 2014-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 4321 - Congressional declaration of purpose

§ 13701 - Definitions

§ 13702 - Authorization of grants

§ 13703 - Violent offender incarceration grants

§ 13704 - Truth-in-sentencing incentive grants

§ 13705 - Special rules

§ 13706 - Formula for grants

§ 13707 - Accountability

§ 13708 - Authorization of appropriations

§ 13709 - Payments for incarceration on tribal lands

§ 13710 - Payments to eligible States for incarceration of criminal aliens

§ 13711 - Support of Federal prisoners in non-Federal institutions

§ 13712 - Report by Attorney General

§ 13713 - Aimee’s Law

§ 13721 - Task force on prison construction standardization and techniques

§ 13722 - Efficiency in law enforcement and corrections

§ 13723 - Congressional approval of any expansion at Lorton and congressional hearings on future needs

§ 13724 - Conversion of closed military installations into Federal prison facilities

§ 13725 - Correctional job training and placement

§ 13726 - Findings

§ 13726a - Definitions

§ 13726b - Federal regulation of prisoner transport companies

§ 13726c - Enforcement

§ 13741 - Ounce of Prevention Council

§ 13742 - Ounce of prevention grant program

§ 13743 - “Indian tribe” defined

§ 13744 - Authorization of appropriations

§ 13751 to 13758 - Repealed.

§ 13771 - Grant authorization

§ 13772 - Uses of funds

§ 13773 - Program requirements

§ 13774 - Applications

§ 13775 - Reports

§ 13776 - Definitions

§ 13777 - Authorization of appropriations

§ 13791 - Community schools youth services and supervision grant program

§ 13792 - Repealed.

§ 13793 - Authorization of appropriations

§ 13801, 13802 - Repealed.

§ 13811 - Grant authority

§ 13812 - Authorization of appropriations

§ 13821 - Purpose

§ 13822 - Provision of assistance

§ 13823 - Approval of applications

§ 13824 - Availability of lines of credit and use

§ 13825 - Limitations on use of funds

§ 13826 - Program priority for special emphasis programs

§ 13841 - Community development corporation improvement grants

§ 13842 - Emerging community development corporation revolving loan funds

§ 13851 - Definitions

§ 13852 - Authorization of appropriations

§ 13853 - Prohibition

§ 13861 - Grant authorization

§ 13862 - Use of funds

§ 13863 - Applications

§ 13864 - Allocation of funds; limitations on grants

§ 13865 - Award of grants

§ 13866 - Reports

§ 13867 - Authorization of appropriations

§ 13868 - Definitions

§ 13881 - Purpose

§ 13882 - Definitions

§ 13883 - Authorization of appropriations

§ 13891 - Authority to make grants

§ 13892 - Eligibility to receive grants

§ 13893 - Report

§ 13901 - Authority of Attorney General

§ 13902 - Requirements

§ 13911 - Prevention, diagnosis, and treatment of tuberculosis in correctional institutions

§ 13921 - Gang Resistance Education and Training projects

§ 13925 - Definitions and grant provisions

§ 13931 - Grants for capital improvements to prevent crime in public transportation

§ 13941 - Training programs

§ 13942 - Confidentiality of communications between sexual assault or domestic violence victims and their counselors

§ 13943 - Information programs

§ 13951 - Confidentiality of abused person’s address

§ 13961 - Research agenda

§ 13962 - State databases

§ 13963 - Number and cost of injuries

§ 13971 - Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance

§ 13973 - Repealed.

§ 13975 - Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, or stalking

§ 13981 - Civil rights

§ 13991 - Grants authorized

§ 13992 - Training provided by grants

§ 13993 - Cooperation in developing programs in making grants under this part

§ 13994 - Authorization of appropriations

§ 14001 - Authorization of circuit studies; education and training grants

§ 14002 - Authorization of appropriations

§ 14011 - Payment of cost of testing for sexually transmitted diseases

§ 14012 - National baseline study on campus sexual assault

§ 14013 - Report on battered women’s syndrome

§ 14014 - Report on confidentiality of addresses for victims of domestic violence

§ 14015 - Report on recordkeeping relating to domestic violence

§ 14016 - Enforcement of statutory rape laws

§ 14031 - Grant program

§ 14032 - Authorization of appropriations

§ 14033 - Application requirements

§ 14034 - Disbursement

§ 14035 - Technical assistance, training, and evaluations

§ 14036 - Training programs for judges

§ 14037 - Recommendations on intrastate communication

§ 14038 - Inclusion in National Incident-Based Reporting System

§ 14039 - Report to Congress

§ 14040 - Definitions

§ 14041 - Enhanced training and services to end abuse in later life

§ 14041a, 14041b - Omitted

§ 14041b

§ 14042 - Task force

§ 14043 to 14043a–3 - Repealed.

§ 14043a

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

§ 14043b - Grants to protect the privacy and confidentiality of victims of domestic violence, dating violence, sexual assault, and stalking

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

§ 14043c - Creating hope through outreach, options, services, and education for children and youth (“CHOOSE Children & Youth”)

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

§ 14043d - Findings

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

§ 14043e - Findings

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

§ 14043f - Grant for national resource center on workplace responses to assist victims of domestic and sexual violence

§ 14043g

§ 14044 - Prevention of domestic trafficking in persons

§ 14044a - Establishment of a grant program to develop, expand, and strengthen assistance programs for certain persons subject to trafficking

§ 14044b - Protection of juvenile victims of trafficking in persons

§ 14044c - Enhancing State and local efforts to combat trafficking in persons

§ 14044d - Senior Policy Operating Group

§ 14044e - Definitions

§ 14044f - Grants for law enforcement training programs

§ 14045 - Grants for outreach and services to underserved populations

§ 14045a - Enhancing culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking

§ 14045b - Grants to combat violent crimes on campuses

§ 14045c - Repealed.

§ 14045d - Consultation

§ 14051 - Increased penalties for drug-dealing in “drug-free” zones

§ 14052 - Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons

§ 14053 - Violent crime and drug emergency areas

§ 14061 - Juvenile anti-drug and anti-gang grants in federally assisted low-income housing

§ 14062 - Gang investigation coordination and information collection

§ 14071 to 14073 - Repealed.

§ 14081 - Rural Crime and Drug Enforcement Task Forces

§ 14082 - Rural drug enforcement training

§ 14083 - More agents for Drug Enforcement Administration

§ 14091 - Purposes

§ 14092 - Definitions

§ 14093 - Establishment of Office of the Police Corps and Law Enforcement Education

§ 14094 - Designation of lead agency and submission of State plan

§ 14095 - Scholarship assistance

§ 14096 - Selection of participants

§ 14097 - Police Corps training

§ 14098 - Service obligation

§ 14099 - State plan requirements

§ 14100 - Repealed.

§ 14101 - Authorization of appropriations

§ 14102 - Repealed.

§ 14111 - Definitions

§ 14112 - Allotment

§ 14113 - Establishment of program

§ 14114 - Scholarships

§ 14115 - Eligibility

§ 14116 - State application

§ 14117 - Local application

§ 14118 - Scholarship agreement

§ 14119 - Authorization of appropriations

§ 14131 - Quality assurance and proficiency testing standards

§ 14132 - Index to facilitate law enforcement exchange of DNA identification information

§ 14133 - Federal Bureau of Investigation

§ 14134 - Authorization of appropriations

§ 14135 - The Debbie Smith DNA Backlog Grant Program

§ 14135a - Collection and use of DNA identification information from certain Federal offenders

§ 14135b - Collection and use of DNA identification information from certain District of Columbia offenders

§ 14135c - Conditions of release generally

§ 14135d - Authorization of appropriations

§ 14135e - Privacy protection standards

§ 14136 - DNA training and education for law enforcement, correctional personnel, and court officers

§ 14136a - Sexual assault forensic exam program grants

§ 14136b - DNA research and development

§ 14136c - National Forensic Science Commission

§ 14136d - DNA identification of missing persons

§ 14136e - Kirk Bloodsworth Post-Conviction DNA Testing Grant Program

§ 14141 - Cause of action

§ 14142 - Data on use of excessive force

§ 14151 - Repealed.

§ 14161 - Repealed.

§ 14163 - Capital representation improvement grants

§ 14163a - Capital prosecution improvement grants

§ 14163b - Applications

§ 14163c - State reports

§ 14163d - Evaluations by Inspector General and administrative remedies

§ 14163e - Authorization of appropriations

§ 14171 - Motor vehicle theft prevention program

§ 14181 - Missing Alzheimer’s Disease Patient Alert Program

§ 14191 - Presidential summit

§ 14192 - Establishment; committees and task forces; representation

§ 14193 - Purposes

§ 14194 - Responsibilities of Commission

§ 14195 - Administrative matters

§ 14196 - Staff and support services

§ 14197 - Powers

§ 14198 - Report; termination

§ 14199 - Authorization of appropriations

§ 14211 - Creation of Violent Crime Reduction Trust Fund

§ 14212 - Repealed.

§ 14213 - Extension of authorizations of appropriations for fiscal years for which full amount authorized is not appropriated

§ 14214 - Flexibility in making of appropriations

§ 14221 - Task force relating to introduction of nonindigenous species

§ 14222 - Coordination of substance abuse treatment and prevention programs

§ 14223 - Edward Byrne Memorial Formula Grant Program

Public Laws