Sec. 6. State incentives
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/bill/116/hr/2410/ih/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) is amended— in subsection (c)— in paragraph (2), by striking or at the end; in paragraph (3), by striking the period at the end and inserting ; or ; and by adding at the end the following: subject to subsection (n)(1), from an applicant in a State that has in effect— a law relating to the confidentiality, sealing, and expungement of juvenile records that is substantially similar to, or more generous to the former offender than, the amendments made by subsections
(b)through
(d)of section 3 of the Record Expungement Designed to Enhance Employment Act of 2019 ; a law prohibiting juvenile solitary confinement that is substantially similar to, or more restrictive than, the amendment made by subsection
(e)of section 3 of the Record Expungement Designed to Enhance Employment Act of 2019 ; a law relating to the sealing of adult records that is substantially similar to, or more generous to the former offender than, the amendments made by section 2 of the Record Expungement Designed to Enhance Employment Act of 2019 ; subject to subsection (n)(2), a law that establishes that an adult criminal court may not have original jurisdiction over an individual who was less than 18 years of age when the individual committed an offense; a law that allows an individual who has successfully sealed or expunged a criminal record to be free from civil and criminal perjury laws; or a law or policy that ensures to the maximum extent practicable, for juveniles who have been arrested for or convicted of a criminal offense— equal sentencing guidelines, without regard to gender; and equal access, without regard to gender, to services, assistance, or benefits provided. ; and by adding at the end the following: If the Attorney General, in awarding grants under this part, gives preferential consideration to any application as authorized under subsection (c)(4), the Attorney General shall base the degree of preferential consideration given to an application from an applicant in a particular State on the number of subparagraphs under that subsection that the State has satisfied, relative to the number of such subparagraphs that each other State has satisfied. Subsection (c)(4)(D) shall not be construed to preclude from preferential consideration an application from an applicant in a State that— has in effect a law that authorizes the transfer of an individual who is less than 18 years of age to adult criminal court if the individual commits a specified offense or an offense that falls under a specified category of offenses; or exercises other case-specific transfer mechanisms. . The Attorney General shall issue guidelines and provide technical assistance to assist States in complying with the incentive under paragraph
(4)of section 1701(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(c) ), as added by subsection (a).
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