34 U.S.C. § 10251 | General provisions

(a)

Definitions

As used in this chapter—

(1)

“criminal justice” means activities pertaining to crime prevention, control, or reduction, or the enforcement of the criminal law, including, but not limited to, police efforts to prevent, control, or reduce crime or to apprehend criminals, including juveniles, activities of courts having criminal jurisdiction, and related agencies (including but not limited to prosecutorial and defender services, juvenile delinquency agencies and pretrial service or release agencies), activities of corrections, probation, or parole authorities and related agencies assisting in the rehabilitation, supervision, and care of criminal offenders, and programs relating to the prevention, control, or reduction of narcotic addiction and juvenile delinquency;

(2)

Providedsection 10156(a) of this title 1

1 So in original. Probably should be capitalized.

2 So in original. The period probably should be a semicolon.

“State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands: , That for the purposes of , American Samoa and the Commonwealth of the Northern Mariana Islands shall be considered as one state  and that for these purposes 67 per centum of the amounts allocated shall be allocated to American Samoa, and 33 per centum to the Commonwealth of the Northern Mariana Islands.

(3)

“unit of local government” means—

(A)

any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State;

(B)

any law enforcement district or judicial enforcement district that—

(i)

is established under applicable State law; and

(ii)

has the authority to, in a manner independent of other State entities, establish a budget and impose taxes;

(C)

an Indian Tribe that performs law enforcement functions, as determined by the Secretary of the Interior; or

(D)

for the purposes of assistance eligibility, any agency of the government of the District of Columbia or the Federal Government that performs law enforcement functions in and for—

(i)

the District of Columbia; or

(ii)

any Trust Territory of the United States;

(4)

“construction” means the erection, acquisition, renovation, repairs, remodeling, or expansion of new or existing buildings or other physical facilities, and the acquisition or installation of initial equipment therefor;

(5)

“combination” as applied to States or units of local government means any grouping or joining together of such States or units for the purpose of preparing, developing, or implementing a criminal justice program, plan, or project;

(6)

“public agency” means any State, unit of local government, combination of such States or units, or any department, agency, or instrumentality of any of the foregoing;

(7)

“correctional facility” means any place for the confinement or rehabilitation of offenders or individuals charged with or convicted of criminal offenses;

(8)

“correctional facility project” means a project for the construction, replacement, alteration or expansion of a prison or jail for the purpose of relieving overcrowding or substandard conditions;

(9)

“criminal history information” includes records and related data, contained in an automated or manual criminal justice informational system, compiled by law enforcement agencies for the purpose of identifying criminal offenders and alleged offenders and maintaining as to such persons records of arrests, the nature and disposition of criminal charges, sentencing, confinement, rehabilitation, and release;

(10)

“evaluation” means the administration and conduct of studies and analyses to determine the impact and value of a project or program in accomplishing the statutory objectives of this chapter;

(11)

“neighborhood or community-based organizations” means organizations, including faith-based, that are representative of communities or significant segments of communities;

(12)

“chief executive” means the highest official of a State or local jurisdiction;

(13)

“cost of construction” means all expenses found by the Director to be necessary for the construction of the project, including architect and engineering fees, but excluding land acquisition costs;

(14)

“population” means total resident population based on data compiled by the United States Bureau of the Census and referable to the same point or period in time;

(15)

“Attorney General” means the Attorney General of the United States or his designee;

(16)

“court of last resort” means that State court having the highest and final appellate authority of the State. In States having two or more such courts, court of last resort shall mean that State court, if any, having highest and final appellate authority, as well as both administrative responsibility for the State’s judicial system and the institutions of the State judicial branch and rulemaking authority. In other States having two or more courts with highest and final appellate authority, court of last resort shall mean the highest appellate court which also has either rulemaking authority or administrative responsibility for the State’s judicial system and the institutions of the State judicial branch. Except as used in the definition of the term “court of last resort” the term “court” means a tribunal recognized as a part of the judicial branch of a State or of its local government units;

(17)

section 1001 of title 20 “institution of higher education” means any such institution as defined by , subject, however, to such modifications and extensions as the Office may determine to be appropriate;

(18)

“white-collar crime” means an illegal act or series of illegal acts committed by nonphysical means and by concealment or guile, to obtain money or property, to avoid the payment or loss of money or property, or to obtain business or personal advantage;

(19)

“proven effectiveness” means that a program, project, approach, or practice has been shown by analysis of performance and results to make a significant contribution to the accomplishment of the objectives for which it was undertaken or to have a significant effect in improving the condition or problem it was undertaken to address;

(20)

“record of proven success” means that a program, project, approach, or practice has been demonstrated by evaluation or by analysis of performance data and information to be successful in a number of jurisdictions or over a period of time in contributing to the accomplishment of objectives or to improving conditions identified with the problem, to which it is addressed;

(21)

“high probability of improving the criminal justice system” means that a prudent assessment of the concepts and implementation plans included in a proposed program, project, approach, or practice, together with an assessment of the problem to which it is addressed and of data and information bearing on the problem, concept, and implementation plan, provides strong evidence that the proposed activities would result in identifiable improvements in the criminal justice system if implemented as proposed;

(22)

“correctional option” includes community-based incarceration, weekend incarceration, boot camp prison, electronic monitoring of offenders, intensive probation, and any other innovative punishment designed to have the greatest impact on offenders who can be punished more effectively in an environment other than a traditional correctional facility;

(23)

“boot camp prison” includes a correctional facility in which inmates are required to participate in a highly regimented program that provides strict discipline, physical training, and hard labor, together with extensive rehabilitative activities and with educational, job training, and drug treatment support;

(24)

the term “young offender” means a non-violent first-time offender or a non-violent offender with a minor criminal record who is 22 years of age or younger (including juveniles);

(25)

the term “residential substance abuse treatment program” means a course of individual and group activities, lasting between 6 and 12 months, in residential treatment facilities set apart from the general prison population—

(A)

directed at the substance abuse problems of the prisoner; and

(B)

intended to develop the prisoner’s cognitive, behavioral, social, vocational, and other skills so as to solve the prisoner’s substance abuse and related problems;

(26)

section 5304(e) of title 25 the term “Indian Tribe” has the meaning given the term “Indian tribe” in ;

(27)

the term “private person” means any individual (including an individual acting in his official capacity) and any private partnership, corporation, association, organization, or entity (or any combination thereof);

(28)

the term “hearing examiner” includes any medical or claims examiner;

(29)

the term “de-escalation” means taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary;

(30)

the term “mental or behavioral health or suicidal crisis”—

(A)

means a situation in which the behavior of a person—

(i)

puts the person at risk of hurting himself or herself or others; or

(ii)

impairs or prevents the person from being able to care for himself or herself or function effectively in the community; and

(B)

includes a situation in which a person—

(i)

is under the influence of a drug or alcohol, is suicidal, or experiences symptoms of a mental illness; or

(ii)

may exhibit symptoms, including emotional reactions (such as fear or anger), psychological impairments (such as inability to focus, confusion, or psychosis), and behavioral reactions (such as the trigger of a freeze, fight, or flight response);

(31)

section 12102 of title 42 the term “disability” has the meaning given that term in ;

(32)

the term “crisis intervention team” means a collaborative, interdisciplinary team that brings together specially trained law enforcement officers, mental health providers, and other community stakeholders to respond to mental health-related calls, use appropriate de-escalation techniques, and assess if referral to services or transport for mental health evaluation is appropriate; and

(33)

the term “covered mental health professional” means a mental health professional working on a crisis intervention team—

(A)

as an employee of a law enforcement agency; or

(B)

under a legal agreement with a law enforcement agency.

(b)

Data basis for definitions; reflection of technical changes or modifications

Where appropriate, the definitions in subsection (a) shall be based, with respect to any fiscal year, on the most recent data compiled by the United States Bureau of the Census and the latest published reports of the Office of Management and Budget available ninety days prior to the beginning of such fiscal year. The Office may by regulation change or otherwise modify the meaning of the terms defined in subsection (a) in order to reflect any technical change or modification thereof made subsequent to such date by the United States Bureau of the Census or the Office of Management and Budget.

(c)

Designation of public agencies for undertaking a program or project

One or more public agencies, including existing local public agencies, may be designated by the chief executive officer of a State or a unit of local government to undertake a program or project in whole or in part.

Pub. L. 90–351, title I, § 901 Pub. L. 96–157, § 2Dec. 27, 197993 Stat. 1216 Pub. L. 98–473, title II, § 609COct. 12, 198498 Stat. 2096 Pub. L. 99–396, § 7Aug. 27, 1986100 Stat. 839 Pub. L. 100–690, title VI, § 6092(b)Nov. 18, 1988102 Stat. 4339 Pub. L. 101–219, title II, § 206Dec. 12, 1989103 Stat. 1874 Pub. L. 101–647, title XVIII, § 1801(c)Nov. 29, 1990104 Stat. 4849 Pub. L. 103–322, title II, § 20201(c)Sept. 13, 1994108 Stat. 1822 Pub. L. 105–244, title I, § 102(a)(13)(D)Oct. 7, 1998112 Stat. 1620 Pub. L. 105–277, div. A, § 101(b) [title I, § 129(b)]Oct. 21, 1998112 Stat. 2681–50 Pub. L. 109–162, title XIJan. 5, 2006119 Stat. 3102 Pub. L. 112–239, div. A, title X, § 1086(b)(1)(A)Jan. 2, 2013126 Stat. 1964 Pub. L. 117–325, § 2(a)Dec. 27, 2022136 Stat. 4441(, as added , , ; amended , , ; , , ; , , ; , , ; , , ; , title III, § 32101(c), title XXXIII, § 330001(d), (h)(13), , , 1900, 2138, 2140; , , ; , , , 2681–76; , §§ 1111(c)(2)(F), 1156, , , 3114; , , ; , , .)

Editorial Notes

Codification

section 3791 of Title 42Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.

section 901 of Pub. L. 90–351June 19, 196882 Stat. 225 section 921 of Title 18Another , title IV, , , is classified as a note under , Crimes and Criminal Procedure.

Amendments

Pub. L. 117–3252022—Subsec. (a)(29) to (33). added pars. (29) to (33).

Pub. L. 112–2392013—Subsec. (a)(28). added par. (28).

Pub. L. 109–162, § 1111(c)(2)(F)section 3755(a) of this title section 3756(a) of this title section 3756(a) of this title2006—Subsec. (a)(2). , which directed the substitution of “for the purposes of ” for “for the purposes of ”, was executed by making the substitution for “for the purpose of ”, to reflect the probable intent of Congress.

Pub. L. 109–162, § 1156(1)section 5603 of this titleSubsec. (a)(3)(C). , struck out “(as that term is defined in )” after “an Indian Tribe”.

Pub. L. 109–162, § 1156(2)Subsec. (a)(5). , substituted “program, plan, or project” for “program or project”.

Pub. L. 109–162, § 1156(3)Subsec. (a)(11). , substituted “, including faith-based, that” for “which”.

Pub. L. 109–162, § 1156(4)Subsec. (a)(26), (27). , added pars. (26) and (27).

Pub. L. 105–2771998—Subsec. (a)(3). , which directed the general amendment of par. (3) of this section, was executed to subsec. (a)(3) of this section, to reflect the probable intent of Congress. Prior to amendment, subsec. (a)(3) read as follows: “ ‘unit of local government’ means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, an Indian tribe which performs law enforcement functions as determined by the Secretary of the Interior, or, for the purpose of assistance eligibility, any agency of the District of Columbia government or the United States Government performing law enforcement functions in and for the District of Columbia, and the Trust Territory of the Pacific Islands;”.

Pub. L. 105–244Subsec. (a)(17). , which directed amendment of par. (17) of this section by substituting “1001” for “1141(a)”, was executed to subsec. (a)(17) of this section, to reflect the probable intent of Congress.

Pub. L. 103–322, § 330001(h)(13)1994—Subsec. (a)(3). , substituted “Columbia, and” for “Columbia and,”.

Pub. L. 103–322Subsec. (a)(21). , §§ 20201(c)(1), 330001(d), amended par. (21) identically, inserting a semicolon at end.

Pub. L. 103–322, § 20201(c)(2)Subsec. (a)(22). , struck out “and” at end.

Pub. L. 103–322, § 32101(c)(1)Subsec. (a)(23). , which directed the striking out of “and” at end of par. (23), could not be executed because the word “and” did not appear at end of par. (23).

Pub. L. 103–322, § 20201(c)(3), substituted a semicolon for period at end.

Pub. L. 103–322, § 32101(c)(2)Subsec. (a)(24). , substituted “; and” for period at end.

Pub. L. 103–322, § 20201(c)(4), added par. (24).

Pub. L. 103–322, § 32101(c)(3)Subsec. (a)(25). , added par. (25).

Pub. L. 101–6471990—Subsec. (a)(22), (23). added pars. (22) and (23).

Pub. L. 101–219Providedsection 3756(a) of this titleProvidedsection 3756(a) of this title1989—Subsec. (a)(2). substituted “, That for the purpose of , American Samoa and the Commonwealth of the Northern Mariana Islands shall be considered as one state and that for these purposes 67 per centum of the amounts allocated shall be allocated to American Samoa, and 33 per centum to the Commonwealth of the Northern Mariana Islands.” for “, That for the purposes of American Samoa, Guam, and the Northern Mariana Islands shall be considered as one State and that, for these purposes, 33 per centum of the amounts allocated shall be allocated to American Samoa, 50 per centum to Guam, and 17 per centum to the Northern Mariana Islands;”.

Pub. L. 100–6901988—Subsec. (a)(2). substituted “section 3756(a)” for “section 3747(a)”.

Pub. L. 99–396, § 7(1)section 3747(a) of this title1986—Subsec. (a)(2). , included American Samoa, Guam, and the Northern Mariana Islands in definition of “State” and inserted proviso directing that for purposes of American Samoa, Guam, and the Northern Mariana Islands shall be considered as one State.

Pub. L. 99–396, § 7(2)Subsec. (a)(3). , substituted “and” for “, Guam, American Samoa” after “in and for the District of Columbia” and struck out “, or the Commonwealth of the Northern Mariana Islands” after “Trust Territory of the Pacific Islands”.

Pub. L. 98–473, § 609C(b)(1)1984—Subsec. (a)(2). , struck out references to Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

Pub. L. 98–473, § 609C(b)(2)Subsec. (a)(3). , inserted references to Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

Pub. L. 98–473, § 609C(b)(3)Subsec. (a)(4). , extended definition of “construction” to include renovation, repairs, and remodeling and struck out previous exclusion of such items from definition.

Pub. L. 98–473, § 609C(b)(4)Subsec. (a)(7). , substituted “correctional facility” for “correctional institution or facility”.

Pub. L. 98–473, § 609C(b)(5)Subsec. (a)(8). , substituted definition of “correctional facility project” for “comprehensive”.

Pub. L. 98–473, § 609C(b)(6)Subsec. (a)(13). , substituted definition of “cost of construction” for “municipality”.

Pub. L. 98–473, § 609C(a)Subsecs. (a)(17), (b). , substituted “Office” for “Administration”.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title X, § 1086(d)Jan. 2, 2013126 Stat. 1969 Pub. L. 113–66, div. A, title X, § 1091(b)(7)Dec. 26, 2013127 Stat. 876 Pub. L. 114–326, § 2(c)Dec. 16, 2016130 Stat. 1973

“(1)

In general .—

Except as provided in paragraph (2), the amendments made by this section [see Tables for classification] shall—

“(A)

Jan. 2, 2013 take effect on the date of enactment of this Act []; and

“(B)

apply to any matter pending, before the Bureau of Justice Assistance or otherwise, on the date of enactment of this Act, or filed (consistent with pre-existing effective dates) or accruing after that date.

“(2)

Exceptions.—

“(A)

Rescue squads and ambulance crews .—

34 U.S.C. 10284(10)42 U.S.C. 3796b 34 U.S.C. 10284June 1, 2009For a member of a rescue squad or ambulance crew (as defined in section 1204(7) [now 1204(10)] of title I of the Omnibus Crime Control and Safe Streets Act of 1968 [], as amended by this section), the amendments made to section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 () [now ] by this Act shall apply to injuries sustained on or after .

“(B)

Heart attacks, strokes, and vascular ruptures .—

34 U.S.C. 10281(k)December 15, 2003Section 1201(k) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 [], as amended by this section, shall apply to heart attacks, strokes, and vascular ruptures sustained on or after .”

, , , as amended by , , ; , , , provided that:

Pub. L. 114–326, § 2(c)(1)(A)Pub. L. 113–66, § 1091(b)(7)section 1086(d) of Pub. L. 112–239[, and , made identical amendments to by substituting “paragraph (2)” for “paragraph (1)” in par. (1), effective on the same date. See below.]

Pub. L. 114–326, § 2(c)Dec. 16, 2016130 Stat. 1973Jan. 2, 2013[, , , provided in part that the amendment made by section 2(c) is effective as if enacted on .]

Pub. L. 113–66, div. A, title X, § 1091(b)Dec. 26, 2013127 Stat. 876Jan. 2, 2013Pub. L. 112–239[, , , provided in part that the amendment made by section 1091(b)(7) is effective as of , and as if included in as enacted.]

Effective Date of 2006 Amendment

section 1111(c)(2)(F) of Pub. L. 109–162Jan. 5, 2006section 1111(d) of Pub. L. 109–162 section 10151 of this titleAmendment by applicable with respect to the first fiscal year beginning after , and each fiscal year thereafter, see , set out as a note under .

Effective Date of 1998 Amendment

Pub. L. 105–244Oct. 1, 1998Pub. L. 105–244 section 3 of Pub. L. 105–244 section 1001 of Title 20Amendment by effective , except as otherwise provided in , see , set out as a note under , Education.

Effective Date of 1984 Amendment

Pub. L. 98–473Oct. 12, 1984section 609AA(a) of Pub. L. 98–473 section 10101 of this titleAmendment by effective , see , set out as an Effective Date note under .