---
kind: "section"
citation: "34 U.S.C. § 12105"
title: "34"
title_heading: "Crime Control and Law Enforcement"
number: "12105"
heading: "Special rules"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/34/12105"
units:
  - "Subtitle I — Comprehensive Acts"
  - "Chapter 121 — Violent Crime Control and Law Enforcement"
  - "Subchapter I — Prisons"
  - "Part A — Violent Offender Incarceration and Truth-in-Sentencing Incentive Grants"
---

# §12105. Special rules

- (a) **Sharing of funds with counties and other units of local government—**
  - (1) **Reservation—** Each [State](/usc/34/11103.md?p=7) shall reserve not more than 15 percent of the amount of funds allocated in a fiscal year pursuant to [section 12106 of this title](/usc/34/12106.md) for counties and units of local government to construct, develop, expand, modify, or improve jails and other correctional facilities.
  - (2) **Factors for determination of amount—** To determine the amount of funds to be reserved under this subsection, a [State](/usc/34/11103.md?p=7) shall consider the burden placed on a county or [unit of local government](/usc/34/11103.md?p=8) that results from the implementation of policies adopted by the [State](/usc/34/11103.md?p=7) to carry out section [12103](/usc/34/12103.md) or [12104](/usc/34/12104.md) of this title.
- (b) **Use of truth-in-sentencing and violent offender incarceration grants—** Funds provided under section [12103](/usc/34/12103.md) or [12104](/usc/34/12104.md) of this title may be applied to the cost of—
  - (1) altering existing correctional facilities to provide separate facilities for juveniles under the jurisdiction of an adult criminal court who are detained or are serving sentences in adult prisons or jails;
  - (2) providing correctional staff who are responsible for supervising juveniles who are detained or serving sentences under the jurisdiction of an adult criminal court with orientation and ongoing training regarding the unique needs of such offenders; and
  - (3) providing ombudsmen to monitor the [treatment](/usc/34/11103.md?p=15) of juveniles who are detained or serving sentences under the jurisdiction of an adult criminal court in adult facilities, consistent with guidelines issued by the Assistant [Attorney General](/usc/34/10307.md?p=1).
- (c) **Funds for juvenile offenders—** Notwithstanding any other provision of this part, if a [State](/usc/34/11103.md?p=7), or [unit of local government](/usc/34/11103.md?p=8) located in a [State](/usc/34/11103.md?p=7) that otherwise meets the requirements of section [12103](/usc/34/12103.md) or [12104](/usc/34/12104.md) of this title, certifies to the [Attorney General](/usc/34/10307.md?p=1) that exigent circumstances exist that require the [State](/usc/34/11103.md?p=7) to expend funds to build or expand facilities to confine juvenile offenders other than juvenile offenders adjudicated delinquent for an act which, if committed by an adult, would be a [part 1 violent crime](/usc/34/12101.md?p=2), the [State](/usc/34/11103.md?p=7) may use funds received under this part to build or expand juvenile correctional facilities or pretrial detention facilities for juvenile offenders.
- (d) **Private facilities—** A [State](/usc/34/11103.md?p=7) may use funds received under this part for the privatization of facilities to carry out the purposes of [section 12102 of this title](/usc/34/12102.md).
- (e) **“Part 1 violent crime” defined—** For purposes of this part, “[part 1 violent crime](/usc/34/12101.md?p=2)” means a [part 1 violent crime](/usc/34/12101.md?p=2) as defined in [section 12101(3)](/usc/34/12101.md?p=3)[^1] of this title, or a crime in a reasonably comparable class of serious [violent crimes](/usc/34/11103.md?p=27) as approved by the [Attorney General](/usc/34/10307.md?p=1).

## Footnotes

[^1]: So in original. Probably should be section “12101(2)”.

## Source credit

(Pub. L. 103–322, title II, § 20105, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–17; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; amended Pub. L. 105–277, div. E, § 3, Oct. 21, 1998, 112 Stat. 2681–760; Pub. L. 107–273, div. A, title III, § 307, Nov. 2, 2002, 116 Stat. 1783.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 13705 of Title 42, 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.

### Prior Provisions

A prior section 20105 of Pub. L. 103–322, title II, Sept. 13, 1994, 108 Stat. 1818, related to rules and regulations prior to the general amendment of subtitle A of title II of Pub. L. 103–322 by Pub. L. 104–134.

### Amendments

2002—Subsec. (b). Pub. L. 107–273 substituted “Use of truth-in-sentencing and violent offender incarceration grants” for “Additional requirements” in heading and amended text generally, substituting provisions relating to use of funds for juveniles in adult prisons or under the jurisdiction of an adult criminal court for provisions relating to additional requirements for grant eligibility.

1998—Subsec. (b). Pub. L. 105–277 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “To be eligible to receive a grant under section 13703 or 13704 of this title, a State shall provide assurances to the Attorney General that the State has implemented or will implement not later than 18 months after April 26, 1996, policies that provide for the recognition of the rights and needs of crime victims.”