[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: 28CFR91.4]

[Page 394-395]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 91--GRANTS FOR CORRECTIONAL FACILITIES--Table of Contents
 
                           Subpart A--General
 
Sec. 91.4  Truth in Sentencing Incentive Grants.

    (a) Half of the total amount of funds appropriated to carry out 
subtitle A for each of the fiscal years 1996, 1997, 1998, 1999 and 2000 
will be made available for Truth in Sentencing Incentive Grants.
    (b) Eligibility. To be eligible to receive such a grant, a state, or 
states organized as multi-state compacts, must meet the requirements of 
Sec. 91.3 and must demonstrate that the state(s)--
    (1) Has in effect laws which require that persons convicted of 
violent crimes serve not less than 85% of the sentence imposed; or
    (2) Since 1993--
    (i) Has increased the percentage of convicted violent offenders 
sentenced to prison;
    (ii) Has increased the average prison time which will be served in 
prison by convicted violent offenders sentenced to prison;
    (iii) Has increased the percentage of sentence which will be served 
in prison by violent offenders sentenced to prison; and
    (iv) Has in effect at the time of application laws requiring that a 
person who is convicted of a violent crime shall serve not less than 85% 
of the sentence imposed if--
    (A) The person has been convicted on 1 or more prior occasions in a 
court of

[[Page 395]]

the United States or of a state of a violent crime or a serious drug 
offense; and
    (B) Each violent crime or serious drug offense was committed after 
the defendant's conviction of the preceding violent crime or serious 
drug offense.
    (c) Formula allocation. The amount available to carry out this 
section for any fiscal year will be allocated to each eligible state in 
the ratio that the number of Part 1 violent crimes reported by such 
state to the Federal Bureau of Investigation for 1993 bears to the 
number of Part 1 violent crimes reported by all states to the Federal 
Bureau of Investigation for 1993.
    (d) Transfer of unused funds. On September 30 of each fiscal years 
1996, 1998, 1999 and 2000, the Attorney General will transfer to the 
funds to be allocated under the Violent Offender Incarceration Grant 
formula allocation (section 91.5) any funds made available to carry out 
this section that are not allocated to an eligible state under paragraph 
(b) of this section.