[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: 28CFR91.5]

[Page 395]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 91--GRANTS FOR CORRECTIONAL FACILITIES--Table of Contents
 
                           Subpart A--General
 
Sec. 91.5  Violent Offender Incarceration Grants.

    (a) Half of the total amount of funds appropriated to carry out this 
subtitle for each of fiscal years 1996, 1997, 1998, 1999 and 2000 will 
be made available for Violent Offender Incarceration 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 
section 91.3(b).
    (c) Allocation of violent offender incarceration funds--(1) Formula 
allocation. 85% of the sum of the amount available for grants under this 
section for any fiscal year and any amount transferred as described in 
Sec. 91.4(c) for that fiscal year will be allocated as follows:
    (i) 0.25% will be allocated to each eligible state except that the 
United States Virgin Islands, American Samoa, Guam and the Northern 
Mariana Islands shall each be allocated 0.05%.
    (ii) The amount remaining after application of paragraph (c)(1)(i) 
of this section 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.
    (2) Discretionary allocation. Fifteen percent of the sum of the 
amount available for Violent Offender Incarceration Grants for any 
fiscal year under this subsection and any amount transferred as 
described in Sec. 91.4(c) for that fiscal year will be allocated at the 
discretion of the Assistant Attorney General for OJP to states that have 
demonstrated:
    (i) The greatest need for such grants, and
    (ii) The ability to best utilize the funds to meet the objectives of 
the grant program and ensure that secure cell space is available for the 
confinement of violent offenders.
    (d) Transfer of unused funds. On September 30 of each fiscal years 
1996, 1997, 1998, 1999 and 2000, the Assistant Attorney General will 
transfer to the discretionary program under paragraph (c)(2) of this 
section any funds made available under paragraph (c)(1) of this section 
that are not allocated to an eligible state under paragraph (c)(1) of 
this section.