---
kind: "section"
citation: "28 C.F.R. § 91.4"
title: "28"
number: "91.4"
heading: "Truth in Sentencing Incentive Grants."
url: "https://uscodex.org/cfr/28/91.4"
---

# §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 [§ 91.3](/cfr/28/91.3.md) 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 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](/cfr/28/part1.md) violent crimes reported by such state to the Federal Bureau of Investigation for 1993 bears to the number of [Part 1](/cfr/28/part1.md) 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](/cfr/28/91.5.md)) any funds made available to carry out this section that are not allocated to an eligible state under [paragraph (b)](#b) of this section.

## Notes

### Authority

Authority: 42 U.S.C. 13701 through 14223.

### Source

Source: 59 FR 63019, Dec. 7, 1994, unless otherwise noted.