§ 12242. Definitions

413 words·~2 min read·/usc/title-34/section-12242

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this part—

“child” means a person who is less than 7 years of age.

“community correctional facility” means a residential facility that—

(A)is used only for eligible offenders and their children under 7 years of age;

(B)is not within the confines of a jail or prison;

(C)houses no more than 50 prisoners in addition to their children; and

(D)provides to inmates and their children—

(i)a safe, stable, environment for children;

(ii)pediatric and adult medical care consistent with medical standards for correctional facilities;

(iii)programs to improve the stability of the parent-child relationship, including educating parents regarding—

(I)child development; and

(II)household management;

(iv)alcoholism and drug addiction treatment for prisoners; and

(v)programs and support services to help inmates—

(I)to improve and maintain mental and physical health, including access to counseling;

(II)to obtain adequate housing upon release from State incarceration;

(III)to obtain suitable education, employment, or training for employment; and

(IV)to obtain suitable child care.

“eligible offender” means a primary caretaker parent who—

(A)has been sentenced to a term of imprisonment of not more than 7 years or is awaiting sentencing for a conviction punishable by such a term of imprisonment; and

(B)has not engaged in conduct that—

(i)knowingly resulted in death or serious bodily injury;

(ii)is a felony for a crime of violence against a person; or

(iii)constitutes child neglect or mental, physical, or sexual abuse of a child.

“primary caretaker parent” means—

(A)a parent who has consistently assumed responsibility for the housing, health, and safety of a child prior to incarceration; or

(B)a woman who has given birth to a child after or while awaiting her sentencing hearing and who expresses a willingness to assume responsibility for the housing, health, and safety of that child,

a parent who, in the best interest of a child, has arranged for the temporary care of the child in the home of a relative or other responsible adult shall not for that reason be excluded from the category “primary caretaker”.

“State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

(Pub. L. 103–322, title III, § 31903, Sept. 13, 1994, 108 Stat. 1893.)

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Public Law 117-103
Consolidated Appropriations Act, 2022

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Public Law 117–103
Making consolidated appropriations for the fiscal year ending September 30, 2022, and for providing emergency assistance for the situation in Ukraine, and for other purposes

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§ 13882

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Pub. L. 103–322, title III, § 31903
108 Stat. 1893

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§ 12242

Definitions

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U.S.C.§ 13882

Pub. L.Pub. L. 103–322, title III, § 31903

Stat.108 Stat. 1893

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