[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR91.3]

[Page 393-394]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 91--GRANTS FOR CORRECTIONAL FACILITIES--Table of Contents
 
                           Subpart A--General
 
Sec. 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 Sec. 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

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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.